Visiting Researchers and Scholars 2002-2003

2002-2003 Visiting Researchers

Stefano Maffei (Italy) , is currently enrolled in the D.Phil. (Ph.D.) program at Oxford University. He graduated in 1999 from the University of Pavia. In 2001, he was awarded a Master of Studies from Oxford University with a dissertation entitled “Absent, Anonymous and Vulnerable Witnesses in Criminal Proceedings.” His doctoral thesis explores issues of testimonial evidence in criminal trials. His areas of research cover criminal law, procedure & evidence. He recently translated the French Code de Procédure Pénale into Italian (2002). You may visit his website at www.maffeistefano.it.

Francisco Peña (Spain) graduated in law from the University of Navarre in 1999. He then moved to London, where he practiced in a firm of solicitors, John Howell & Co, as a Spanish lawyer. In October 2000, he left to take up a one-year training contract with the European Commission where he worked in DG Internal Market and DG Competition. He has just completed an LL.M. in Competition & Finance at the London School of Economics and Political Science. While studying his LL.M., he did an internship at the Mergers Branch in the Office of Fair Trading, the UK Competition Authority. Francisco’s doctoral dissertation deals with competition, corporate and finance law issues relevant to mergers and acquisitions in the energy markets. At the ELRC, he is focusing his research on the comparative aspects of merger control in the United States and European energy markets.

Antonio Sánchez Bayón (Spain) graduated with a degree in Law (Extraordinary Prize of Degree) from the Universidad Complutense de Madrid (U.C.M.), and he received his I.E.B. Master’s degree from the Instituto de Estudios Bursátiles (I.E.B.), both in 2001. He was a Visiting Scholar at the Universidad Internacional Menéndez Pelayo (U.I.M.P.) in 2002. He is currently a Ph.D. candidate in Ecclesiastical Law at U.C.M. His interest lies in Public Liberties, and he has been a member of a number of human rights NGO´s (International Amnesty, Volunteers For Peace, Solidaridad en Derecho) and he has taught this subject at U.C.M. At Harvard University, Antonio has collaborated in several Latin American projects and associations, including the Working Group on Human Rights in Latin America, the Harvard Latin American Law Society, and La vida at Harvard-Unofficial Latino Guide to Harvard, and founded “The Iberoamerican Round Table,” a series of discussion groups on current topics in the Iberian Peninsula and Latin America. He has published articles on-line (www.derecho.com, www.fiscalia.org) and in Zalacain, the Harvard Journal of Latin America.

Fall 2002 Visiting Researchers

Esther Artal García (Spain) received her degree in Law in 1995 at University Complutense of Madrid. She also received a Master´s degree in European Union Law at Carlos III University of Madrid and a Postgraduate Diploma (D.E.S) in Institutional European Law at Free University of Brussels. On completion of the theoretic stage of these Masters, she has been working for the European Commission in Brussels and for the Cabinet of International Relations of the Institute of Women (Spanish Ministry of Labor and Social Affairs) in Madrid. Her current research aims to study the possibilities to integrate a gender-sensitive approach in the coming European policy on the asylum seekers and refugees. The basis of this research focuses on the entry of women asylum-seekers into the territory of the European Union Member States. Many women seek asylum from persecution on similar bases to men, on the grounds of race, nationality or religion. However, women also experience particular types of persecution which are gender-related, such as rape, forced marriage, trafficking, female genital mutilation, "honour" crimes and domestic violence. These experiences result from the political and social status of women in their own countries. Therefore, they may also encounter women-specific problems when claiming refugees’ status. The aim of the research is to give an overview of the current international and European Union asylum laws as well as the feminist arguments in the context of international relations and human rights in order to consider the persecution, on account of gender, as one of the conditions to grant asylum in the EU Member States.

María Esther Blas López (Spain) Spring 2002
Esther is working on Syndicated Loans in Private International Law, specifically the law applying to these transactions. The choice of law is the starting point for the analysis of importants aspects of private international law concerning specific problems such as the general theory of international contracts in Private International Law and the problem of the contractual qualification of the Syndicated Loans.

She received her law degree from Alcala University of Madrid in 1995. In 2001 she obtained her PhD (cum laude) with a dissertation entitled "Conditional Sale in Bankruptcy Procedures. Aspects of Private International Law". Esther has been a Visiting Researcher at the following Schools of Law: Pantheon-Sorbonne (Paris I) and Pantheon-Assas (Paris II) in France. She has also been graduated student at the Institute of Comparative Law of Paris and Cujas Library, (Paris, France). At the same time Esther was "stagiaire" at the Colegio de España in Paris. Her academic background includes: law studies in Lancaster University (England) funded by the European Community; D.E.A. in Private International Law from Robert Schuman University of Strasbourg (France); Cour de Droit International Privé de l'Academie de Droit International de la Hague (Netherlands); guest lecturer at the Law School of Robert Schuman University of Strasbourg and a scholarship holder with the Bank of Commerce of Madrid and the Economic Affairs Rectorship at Alcala University. She has been published in the Annual Review of the Alcala Law School and currently she is Assistant Professor of Private international law at Alcala University.

Ignacio Garrote Fernández-Díez (Spain), received his Law degree from Autonoma University of Madrid in 1997. In June 2000 he obtained a Doctor of Juridical Science Degree (cum laude), and the Autonoma Extraordinary SJD Award. Currently, he is a Professor of Law, at Autónoma University of Madrid. Ignacio has also been a Visiting Researcher at the following Schools of Law: Max Plank Institut on Copyright, Patents and Unfair Competition (Germany); Boston College (Boston, MA); Universidad Nacional del Nordeste (Argentina) and Katholiek Univeriteit Leuven (Belgium). He has recently published the second edition of "El Derecho de autor en Internet", Comares, Granada, 2002. Among other publications he has several Law Review articles about Copyright on Web pages, Linking and Framing, Cloning, The Internet Service Provider's Liability, Electronic Commerce and Inheritance Law. He also collaborates in the Law Review Journal "Revista de Propiedad Intelectual", issued by Bercal Publishers, as well as in the Jurisprudence Sections of "Anuario de Derecho Civil". Ignacio's studies at the ELRC focus on Electronic Commerce and general conditions on click-on licenses on the Internet, and about the common law system of Inheritance Law.

Miguel Iribarren Blanco (Spain) graduated from the University of Oviedo in 1999, at whose Department of Commercial Law he is now a Predoctoral Fellow (funded by the Government of Spain). He is currently working on his PhD dissertation which deals with the Directors' and Officers' Liability Insurance. Here at Harvard, he is specifically focusing on the american perspective on that subject. Miguel has also been a Visiting Researcher at the University of Hamburg, the University of Goettingen and the Max-Planck-Institut fuer auslaendiches und internationales Privatrecht of Hamburg. This is his second time visiting the Harvard Law School. His previous visit, in 2001, was sponsored by an invitation from the Real Colegio Complutense.

Spring 2003 Visiting Researcher

Miguel Palomero de Juan (Spain) received his bachelor's degree in Law in 1999 at the Universidad Complutense of Madrid. After graduation, Miguel worked for the law firm Garrigues Abogados y Asesores Tributarios in the Banking, in the Securities and Business Law department. In 1999, he received the Extraordinary Final Award with Honors in Private Law at the Universidad Complutense Law School. Miguel started his Ph.D. in the Philosophy of Law department of the Complutense. His thesis deals with the director’s duty of loyalty, focusing on the philosophical and doctrinal aspects of the law. At the ELRC, he is focusing his research on the comparative aspects of the director’s duty of loyalty. Miguel is currently a member of the Law School Faculty Board, the Philosophy of Law department, and several foundations and associations. This year, he started an additional Ph.D. in the Constitutional Law department at the Complutense Law School. Miguel is very interested in international affairs and also in international law, and has participated in several debates on these topics. When the problems related to the Helms-Burton Law resurfaced, he published an article about the Law and the business consequences for the corporations and private capital which were invested in Cuba. He has also been published in the Law Journal.

ELRC 2002-2003 Fellows

Alejandro Lorite Escorihuela (Spain), 1999-2000, 2000-2001, 2001-2002
is currently in the SJD Program at Harvard Law School. Alejandro graduated in 1997 from the University of Geneva and the Graduate Institute of International Studies, Geneva (Switzerland) and got his D.E.S in Public International Law from the Graduate Institute of International Studies in 1998. In 1997-1998, he worked with the Legal Division of the International Committee of the Red Cross in Geneva. His doctoral project at HLS deals with a comparative perspective on the theory of international law in Europe and the United States.

The Center is fortunate to have Alejandro on staff. This year he will work closely with the Director, Professor Kennedy, to organize lectures, events and conferences that will take place. Alejandro will also coordinate all the directed research for the Center.

Rose Moss (South Africa) joins the ELRC as a writing fellow. She has taught creative writing at the Nieman Foundation since 1993, and specializes in counseling international fellows to build on their existing writing skills. Rose has published three books and short stories, literary criticism, and non-fiction articles and opinion pieces. Her first novel, The Family Reunion, was short-listed for a National Book Award and her second, The Terrorist, set in South Africa, was featured by the New Fiction Society. Shouting at the Crocodile, a non-fiction book, focuses on the treason trial of two anti-apartheid leaders, now members of the government in South Africa. Her articles, short stories and opinion pieces have appeared in scholarly and literary journals and the New York Times, Los Angeles Times, Boston Globe, International Herald Tribune and Atlantic Monthly. Her stories have been republished in anthologies in the United States and abroad and are cited in Best American Short Stories. She holds an MBA from Boston University, and has consulted to Fortune 500 companies and family businesses. Her honors include a Quill Prize and a Mellon Fellowship at Wellesley College, where she taught for nine years. She was a Phelps Stokes Scholar and has been a Fellow at the MacDowell Colony and a guest at Yaddo and Ossabaw. She was a member of PEN American Center and the Council of PEN New England and has served on the PEN NE Freedom to Write Committee.

Significant portions of Rose's fiction and non-fiction treat people engaged with the law in the United States and abroad. Rose will be a great asset to the Visiting Scholars and Researchers at the Center.

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