Kent Law School

Critical perspectives research led teaching


 

About

Nick's research pursues a critical engagement with private law, particularly in the area of equity and trusts, through questions of truth, power and subjectivity. He is currently undertaking a project on the fate of equity in modern law and society. The project considers a number of equity's contributions to the governance of modern society and to the formation of contemporary capitalism, and forms part of a broader interest in the figure of the equitable subject and the ways in which equitable subjects are produced. Nick is particularly interested in the transformation of injunctive relief. The injunction has been described as 'the quintessential equitable remedy', considered as one relatively benign remedy amongst others, and yet it is increasingly associated with new and intensified techniques of governance and control.

Nick also researches the works of Michel Foucault, with a view to developing an historical ontology of law which may offer potential for a critical understanding of the relation between law, truth and political life.  

Nick has published in the field of trusts law, property law, legal history, and legal theory. He has previously taught at LSE (2005-2009) and worked as a research assistant in the Property, Family and Trust Law Team at the Law Commission (2006-2009).

Research areas: Legal Theories and Philosophy; Property Law; Critical Commercial Law and Business Law and Regulation; Critical Obligations; Governance and Regulation.


Conference Papers

  • "Governmentality: Critiquing or Legitimizing Neoliberal Rationality?" - Critical Legal Conference, Utrecht, September 2010
  • "Ramsden v Dyson" - Landmark Cases in Equity, SLS Annual Seminar, UCL, April 2011
  • "Truth and Time in the Reading of Case Law" - paper presented at Law Commission for England and Wales lunchtime seminar series, May 2011
  • "Property, Personality Rights, and Subjectivity" - paper presented at ASFPG Centre for Legal Theory, "International Law and Property Law: Missing Connections?" workshop, Hamburg, September 2011
  • "'Government by Injunction': the Equitable Order of Protest" - paper presented at Occupation: The Private Law of Protest workshop, University of Kent, November 2011
  • ‘Equity and Critique’ - Guest Lecture at Oxford Brookes University, 7 March 2012
  • “The Governmentalization of Injunctive Relief” - paper presented at Jurisdictions of Equity workshop, University of Kent, June 2012
  • “The Emergence of the Trust Asset-Partitioning Function: from Family Firm to Financial Markets” - paper presented at UCL New Work in Property & Trusts Symposium, April 2013
  • ‘”Untimely Meditations on Family Homes Scholarship” - paper presented at Modern Law Review workshop “ Trusts of the Family Home and the Frontiers of Family Property: Domestic and Comparative Perspectives”, University of Durham, April 2013
  • “Jurisdictional Thinking and the Power of Injunctions” - paper presented at Queens University Belfast staff seminar, June 2013
  • “The Temporal Labyrinths of Law” - paper presented at the joint Australian, Canadian and New Zealand Law and Society Association conference, “Law on the Edge”, UBC Vancouver, July 2013
  • “Lemon and Milk Revisited, or Reflections on the History of Law and Order” - Critical Legal Conference, Queens University Belfast, September 2013
  • “On Foucault’s Historiographies Of ‘Law And Order’” - paper presented at Law, Culture, and Humanities conference, University of Virginia, March 2014
  • “Aristotle’s Pharmacy: Towards a Critique of Equity, Trusts and Financial Capitalism” - Critical Legal Conference, University of Sussex, September 2014
  • “Equity, a Law Without Body” - Kent Critical Law Society Annual Conference, Law and the Body, University of Kent, February 2015
  • “Time for Revolution? Kairos and Epieikeia” ? Diagnosing Legal Temporalities workshop, Regulating Time AHRC network, University of Kent, April 2015
  • “Aristotle’s Pharmacy” – paper presented at Equity and the Resources of Critique, University of Kent, 2015
  • “Aristotle’s Pharmacy” – paper presented at Melbourne Obligations Group Conference (Equity), University of Melbourne, December 2015
  • “Once More With Intensity: Law, Equity, Time” – paper presented at Law, Literature and Humanities Association of Australasia Conference, University of Technology Sydney, December 2015
  • “From Family Firms to Financial Markets – Equity’s Architectures of Inequity” – paper presented to Obligations Discussion Group, University of Kent, December 2015
  • “The Precarization of Real Property Law and the Evisceration of Equity” – paper presented at Precarious Homes Workshop, University of York, January 2016
  • “Contagious and Dangerous Spaces: a Brief History of ‘Nuisance and Annoyance” – paper presented at The Spaces of Biopolitics symposium, Oxford Brookes, July 2017
  • “State Power, Property and the Law of Trusts” – paper presented at The Use and Abuse of Trusts and Other Wealth Management Devices conference, Singapore Management University, July 2017
  • “The Precarization of Real Property Law and the Evisceration of Equity” – paper presented at the Critical Legal Conference, University of Warwick, September 2017
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Publications

 

Also view these in the Kent Academic Repository

Article
Piska, N. (2017). Equity and the Resources of Critique: Part II. Polemos: Journal of Law, Literature and Culture [Online] 11. Available at: https://doi.org/10.1515/pol-2017-0001.
Piska, N. (2017). Aristotle's Pharmacy. Polemos: Journal of Law, Literature and Culture [Online] 11. Available at: https://dx.doi.org/10.1515/pol-2017-0002.
Piska, N. (2016). Equity and the Resources of Critique: Part I. Polemos: Journal of Law, Literature and Culture [Online] 10. Available at: https://doi.org/10.1515/pol-2016-0016.
Piska, N. (2015). Gifted Deposits and Indemnity Insurance: a Risk Assessment. Conveyancer and Property Lawyer 79:133-147.
Piska, N. (2010). Ambulatory Trusts and the Family Home: Jones v Kernott. Trust Law International 24.
Piska, N. (2009). Granting Capacity to the Fiction of Presumed Grant". Conveyancer and Property Lawyer 73:349.
Piska, N. (2009). A Common Intention or a Rare Bird? Proprietary Interests, Personal Claims and Services Rendered by Lovers Post-Acquisition. Child and Family Law Quarterly 21:104.
Piska, N. (2009). Hopes, Expectations and Revocable Promises in Proprietary Estoppel. Modern Law Review 72:998.
Piska, N. (2008). Two recent reflections on the resulting trust. Conveyancer and Property Lawyer 72:441.
Piska, N. (2008). Distinctions without a Difference? Explaining Stack v Dowden. Conveyancer and Property Lawyer 72:451.
Piska, N. (2008). Intention, Fairness and the Presumption of Resulting Trust after Stack v Dowden. Modern Law Review 71:120.
Book section
Piska, N. (2018). Equity and Trusts. in: Great Debates in Law and Gender. Palgrave Macmillan.
Piska, N. (2012). Ramsden v Dyson. in: Mitchell, C. and Mitchell, P. eds. Landmark Cases in Equity. Hart Publishing. Available at: http://www.hartpub.co.uk/books/details.asp?isbn=9781849461542.
Piska, N. (2009). Constructive Trusts and Constructing Intention. in: Dixon, M. ed. Modern Studies in Property Law Volume 5. Hart.
Review
Piska, N. (2014). Brian Sloan, Informal Carers and Private Law. feminists@law [Online] 4:1. Available at: http://journals.kent.ac.uk/index.php/feministsatlaw/article/view/137.
Piska, N. (2013). Jurisdiction in Deleuze: The Expression and Representation of Law. Modern Law Review [Online] 76:184-187. Available at: http://dx.doi.org/10.1111/1468-2230.12009_3.
Piska, N. (2011). Towards an EU Directive on Protected Funds. Law Quarterly Review 126:648-651.
Piska, N. (2011). Radical Legal Theory Today, or How to Make Foucault and Law Disappear Completely. Feminist Legal Studies [Online] 19:251-263. Available at: http://dx.doi.org/10.1007/s10691-011-9189-y.
Piska, N. (2010). Equity Stirring: The Story of Justice Beyond Law. Social and Legal Studies 19:264-267.
Total publications in KAR: 19 [See all in KAR]
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Teaching and Supervision

Teaching

  • LW598 Equity and Trusts (Convenor)
  • LW627 Advanced Topics in Equity and Trusts (Convenor)
  • LW926 Equity, Trusts and Modern Society (LLM)

Supervision

I'm happy to supervise dissertations in the following areas:

  • Equity & Trusts: law, theory and history
  • Property law and theory
  • Private law theory and critique
  • Poststructuralism and law
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Other Academic Activities

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Last Updated: 31/10/2017