Law class visits Constitutional Court of Portugal

Law students and Dean Sam Panarella (left)
visit the Constitutional Court. © RJ Peltz-Steele

Since last week, ten talented U.S. law students have been making the most of Lisbon, Portugal, in UMass Law's first class abroad.

In our maiden venture, we are studying comparative data protection law in the United States, European Union, and Portugal. We have been treated to superb lectures by law faculty of our partner institution, the Universidade Católica Portuguesa (UCP).

Today, a UCP faculty member welcomed us to the home of the Portugal Constitutional Court, where he also serves as Vice-President. Justice Gonçalo de Almeida Ribeiro spoke to us there about constitutional conflict in the EU legal system.

The justice had instructed students to prepare by reading Digital Rights Ireland, a 2014 case in the EU Court of Justice (CJEU), and the "Metadata Ruling," a 2019 decision of the Constitutional Court of Portugal. In Digital Rights, the CJEU had struck down an EU directive on data retention as inconsistent with fundamental rights under the European Charter. 

Justice Gonçalo de Almeida Ribeiro addresses law students.
RJ Peltz-Steele CC BY-NC-SA 4.0

The case marked a recognition of the CJEU's own power of judicial review. But it also raised a confounding question. The CJEU lacks authority to review national legislation directly. So what would become of national, domestic laws that had been enacted already pursuant to the stricken EU directive? 

The Portuguese Constitutional Court in Metadata construed Portuguese constitutional law in harmony with the EU Charter to strike down as well the problematic provisions of Portuguese law that had been enacted pursuant to the directive. The responses of the Portuguese and other national constitutional courts to Digital Rights thus marked a pivotal point in the evolution of the EU's peculiar brand of "federalism" (to jam a square peg into a round word).

All of the law students in the class deserve praise for being good-natured and flexible in the face of a fluctuating itinerary for this fledgling Portugal project. They all assert, nonetheless, that they are here first and foremost for this remarkable learning opportunity, and not for myriad other benefits, for example, to see Taylor Swift at Benfica Stadium at what are by U.S. standards bargain ticket prices. That was icing.

UMass law students with me at Universidade Católica Portuguesa
© Prof. Sofia Pinto (licensed)

 

Global Law Classroom unites law students online

Law faculty around the world are organizing the Global Law Classroom to debut in the fall semester of 2024.

Global Law Classroom (GLC) brings together law students from participating countries via Zoom to study and discuss contemporary issues in comparative and international law. GLC started as a project of the European Legal Practice Integrated Studies program (ELPIS), under the EU Erasmus umbrella. 

The program was conceived and is coordinated by Melanie Reid, associate dean of faculty at the Duncan School of Law, Lincoln Memorial University. I've participated on the plenary faculty and as contributing faculty on the environmental law team and human rights team, developing academic modules in those areas. My students in three-credit-hour Comparative Law in the fall will participate in the GLC for one-third of their class-hours.

Besides human rights and environmental law, modules include criminal law, cybersecurity, anti-discrimination, and artificial intelligence, as well as an introduction to global lawyering and a negotiation exercise on climate risks.

Conference on workplace mobbing posts presenters

Niagara Falls, N.Y.
Carol M. Highsmith's America, Library of Congress,
Prints and Photographs Division, via Picryl

The Niagara Conference on Workplace Mobbing is taking shape.

Read more about the interdisciplinary conference at Niagara University, July 22-24, 2024, in the February announcement.  The conference website now features information about presenters and their work. Presenters include:

Dr. Ann Marie Flynn
Dr. Caroline Crawford
Dr. Emily Godbey
Dr. Eve Seguin
Gail Pursell Elliott
Dr. Janice Harper
Dr. Joseph Donnermeyer
Dr. Karen Moustafa Leonard
Dr. Kenneth Westhues
Dr. Peter Wylie
Prof. Richard Peltz-Steele
Prof. Robert Ashford
Dr. Rebecca Pearson
Dr. Qingli Meng
Dr. Walter DeKeseredy

As well, from the conference website:

Host of the conference is Niagara University, which dates from 1856, and which is meeting the challenges of the present century with extraordinary success. Its president, Rev. Dr. James Maher (theology), and its provost, Dr. Timothy Ireland (criminology), will welcome conference participants.

Among sponsors of this conference is the Edwin Mellen Press, which has published more books on mobbing than any other publisher. Professor Herbert Richardson (theology), Its founder and chief editor, now in his 93rd year, will address the conference on cybermobbing. In 1994, he was the subject of what is still the most famous case of academic dismissal in Canadian history. Dr. Eva Kort will also be on hand representing the Edwin Mellen Press.

A book by the late Joel Inbody, his factual analysis of being mobbed as a graduate student at the University of Massachusetts, will be released posthumously at the conference. His mother, New York educator Kimberly Lewis, will tell the story behind the book, and chronicle the events that led to Joel’s being slain by a gang of six law enforcement officers in New Mexico, in 2023.

Also sponsoring the conference is the Society of Socio-Economists. Its founder and leading light, Professor Robert Ashford, Professor of Law at the University of Syracuse, arranged for a session on academic mobbing way back in 2010, at the Annual Meeting of the Association of American Law Schools. Professor Ashford will address the conference on "Mobbing and Academic Freedom."

Registration remains open until July 1, or 100 participants, whichever comes first.  If you or a colleague wish to present as well as attend but are finding out about the conference only now, after the proposal deadline, reach out to Dr. Meng via the conference website to inquire.