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All Outputs (112)

Child grooming and sexual exploitation: are South Asian men the UK media’s new folk devils? (2015)
Journal Article
Gill, A. K., & Harrison, K. (in press). Child grooming and sexual exploitation: are South Asian men the UK media’s new folk devils?. International journal for crime, justice and social democracy, 4(2), 34-49. https://doi.org/10.5204/ijcjsd.v4i2.214

In May 2012, nine men from the Rochdale area of Manchester were found guilty of sexually exploiting a number of underage girls. Media reporting on the trial focused on the fact that eight of the men were of Pakistani descent, while all the girls were... Read More about Child grooming and sexual exploitation: are South Asian men the UK media’s new folk devils?.

CESL, cross-border transactions and domestic law : why a dual approach could work (although CESL might not) (2015)
Journal Article
Twigg-Flesner, C. (2015). CESL, cross-border transactions and domestic law : why a dual approach could work (although CESL might not). European review of private law = Revue européenne de droit privé = Europäische Zeitschrift für Privatrecht, 23(2),

This article explores the case for legislation that focuses specifically on cross-border consumer transactions in the internal market. It argues that the existence of two parallel regimes (domestic and cross-border) is a positive step because the cro... Read More about CESL, cross-border transactions and domestic law : why a dual approach could work (although CESL might not).

Human rights and human wrongs: a rights based approach to the punishment of sex offenders (2014)
Journal Article
Harrison, K., & Rainey, B. (2014). Human rights and human wrongs: a rights based approach to the punishment of sex offenders. Contemporary Issues in Law, 13(3), 229-248

The treatment and management of sex offenders is largely premised on the concepts of punishment and public protection. Driven by populist punitiveness and moral panic, policies designed to manage such offenders are largely incapacitative and retaliat... Read More about Human rights and human wrongs: a rights based approach to the punishment of sex offenders.

Portrait of the EU as a rational agent : collective reason and democratic deficit (2014)
Journal Article
Paskalev, V. (2014). Portrait of the EU as a rational agent : collective reason and democratic deficit. Croatian yearbook of European law and policy, 10, 89-129

In the present article I take a critical view of the well-known discursive dilemma which captures the difference between governance by collective reasoning and governance responsive to majoritarian will. I identify a problem with the solution preferr... Read More about Portrait of the EU as a rational agent : collective reason and democratic deficit.

Proprietary relief in Boardman v Phipps (2014)
Journal Article
Hicks, A. (2014). Proprietary relief in Boardman v Phipps. Northern Ireland Legal Quarterly, 65(1), 1-21

The extent to which acquisitive breaches of fiduciary obligation trigger a constructive trust remains one of the most difficult and controversial issues in equity and the law of restitution.

Energy sovereignty in marine spaces (2014)
Journal Article
Barnes, R. (2014). Energy sovereignty in marine spaces. International Journal of Marine and Coastal Law, 29(4), 573-599. https://doi.org/10.1163/15718085-12341328

The term “energy sovereignty” is used with differing emphases to describe a State’s rights or assertions over energy resources and supplies. Given the importance of offshore energy developments, particularly in the field of renewables, this article e... Read More about Energy sovereignty in marine spaces.

The empirical approach to research in property law (2014)
Journal Article
Whitehouse, L., & Bright, S. (2014). The empirical approach to research in property law. Property Law Review, 3(3), 176-185

This article offers an account of the unique characteristics, challenges and benefits of empirical legal research. The authors explain that empirical legal research involves the collection and observation of data through a variety of research techniq... Read More about The empirical approach to research in property law.

The key to change (2014)
Journal Article
Bright, S., & Whitehouse, L. (2014). The key to change. New Law Journal, 164(7619), 13-14

IN BRIEF • Four out of five people facing eviction may receive no legal help. • A “one-stop” advice shop should be available before the hearing. • There needs to be more “eye-catching” information to encourage defendants to attend court. Following ou... Read More about The key to change.

Losing a home : does the current housing possession process provide effective access to justice? (2014)
Journal Article
Whitehouse, L., & Bright, S. (2014). Losing a home : does the current housing possession process provide effective access to justice?. New Law Journal, 164(7611), 16-17

In brief: • There is a lack of joined up thinking within the housing possession process. • The amount of time and resources devoted to these cases fails to recognise the importance that occupiers attach to the prospect of losing a home, as well as th... Read More about Losing a home : does the current housing possession process provide effective access to justice?.

Governing serious offenders : recent developments in legislation in England and Wales (2014)
Journal Article
Harrison, K. (2014). Governing serious offenders : recent developments in legislation in England and Wales. Monatsschrift für Kriminologie und Strafrechtsreform, 97(1), 10-18. https://doi.org/10.1515/mks-2014-970104

The study and management of those offenders classified as dangerous has been at the forefront of political concern for many years. In search for the >>perfect<< publication solution many countries around the globe have tried a variety of risk m... Read More about Governing serious offenders : recent developments in legislation in England and Wales.

Expert evidence and the Law Commission : implementation without legislation? (2013)
Journal Article
Ward, T. (2013). Expert evidence and the Law Commission : implementation without legislation?. Criminal Law Review -London-, 561-576

Argues that, despite a failure to implement the recommendations in the Law Commission's 2011 report entitled "Expert Evidence in Criminal Proceedings", many of its proposals on the exclusion of such evidence might be introduced by the judiciary's app... Read More about Expert evidence and the Law Commission : implementation without legislation?.

Co-location of activities and designations: A means of solving or creating problems in marine spatial planning? (2013)
Journal Article
Christie, N., Smyth, K., Barnes, R., & Elliott, M. (2014). Co-location of activities and designations: A means of solving or creating problems in marine spatial planning?. Marine Policy, 43, 254-261. https://doi.org/10.1016/j.marpol.2013.06.002

Worldwide demand for energy is growing and predicted to increase by up to three times by 2050. Renewable energy will play a vital role in meeting this demand whilst maintaining global climate change targets. Around the British Isles, development of w... Read More about Co-location of activities and designations: A means of solving or creating problems in marine spatial planning?.

Revisiting the humanisation of international law : limits and potential : obligations erga omnes, hierarchy of rules and the principle of due diligence as the basis for further humanisation (2013)
Journal Article
Tzevelekos, V. P. (2013). Revisiting the humanisation of international law : limits and potential : obligations erga omnes, hierarchy of rules and the principle of due diligence as the basis for further humanisation. Erasmus Law Review, 6(1), 62-76

The article critically evaluates the theory of the humanisation of international law. First, it argues that despite human rights having impact on (other areas of) international law, this trend has in the past been somewhat inflated. A number of examp... Read More about Revisiting the humanisation of international law : limits and potential : obligations erga omnes, hierarchy of rules and the principle of due diligence as the basis for further humanisation.

Translation in the EU: language and law in the EU's judicial labyrinth (2013)
Journal Article
Künnecke, M. (2013). Translation in the EU: language and law in the EU's judicial labyrinth. Maastricht Journal of European and Comparative Law, 20(2), 243-260. https://doi.org/10.1177/1023263X1302000206

The decline, even the ‘end’, of comparative law in the 21st century has recently been predicted. However, this statement overlooks the vital and continuing role of comparative law in the complex task of legal translation in an expanding EU. To ensur... Read More about Translation in the EU: language and law in the EU's judicial labyrinth.

The opportunities and challenges of empirical work: Housing possession in theory and in practice (2013)
Journal Article
Bright, S., & Whitehouse, L. (in press). The opportunities and challenges of empirical work: Housing possession in theory and in practice. University of Oxford Legal Research Paper Series, 50, https://doi.org/10.2139/ssrn.2262709

This paper explains how empirical enquiry of the kind unburdened by the pursuit of a particular hypothesis or strict adherence to scientific methods, has much to offer in terms of developing our understanding of law and, in particular, the traditiona... Read More about The opportunities and challenges of empirical work: Housing possession in theory and in practice.

Women bishops : equality, rights and disarray (2013)
Journal Article
Clucas, R., & Sharpe, K. (2013). Women bishops : equality, rights and disarray. Ecclesiastical Law Journal, 15(2), 158-174. https://doi.org/10.1017/S0956618X13000185

In this article we discuss the recent history of the failed draft Bishops and Priests (Consecration and Ordination of Women) Measure, situating this within the broader context of the ordination of women and debates around the Equality Act exceptions... Read More about Women bishops : equality, rights and disarray.

Future directions in public service partnerships in the EU (2013)
Journal Article
Bovis, C. (2013). Future directions in public service partnerships in the EU. European business law review, 24(1), 548-592

Public-Private Partnerships reveal complex forms of co-operation between the state and private actors which exceed the remit of traditional contractual interface, moving into a strategic sphere of public sector management. Public-Private Partnerships... Read More about Future directions in public service partnerships in the EU.

The collapse of the rule of law : the Messina earthquake and the state of exception (2012)
Journal Article
La Torre, M. (2012). The collapse of the rule of law : the Messina earthquake and the state of exception. Netherlands Journal of Legal Philosophy, 41(2), 159-176

Globalization is commonly cited as an important factor in theorising legal phenomena in the contemporary world. Although many legal disciplines have sought to adapt their theories to globalization, progress has been comparatively modest within contem... Read More about The collapse of the rule of law : the Messina earthquake and the state of exception.