All Outputs (9)

Using statutes and cases in common and civil law (2016)
Journal Article
Lundmark, T., & Waller, H. (2016). Using statutes and cases in common and civil law. Transnational Legal Theory, 7(4), 429-469. https://doi.org/10.1080/20414005.2016.1275590

This paper demonstrates that reasoning with statutes and reasoning with cases are actually one and the same intellectual activity. Further, the reasoning practice of the courts in Germany, California, and England and Wales is identical. This finding... Read More about Using statutes and cases in common and civil law.

The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law (2016)
Journal Article
Barnes, R. (2016). The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law. International Journal of Marine and Coastal Law, 31(4), 583-619. https://doi.org/10.1163/15718085-12341411

As the development of an implementation agreement on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction gathers pace, it is important to consider how this might impact upon international fisheries law. A... Read More about The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law.

It's a conspiracy! Or is it? The difficulty with the economic torts as 'alternative' causes of action for competition law damages actions in UK courts (2016)
Journal Article
Stirling, G. (2017). It's a conspiracy! Or is it? The difficulty with the economic torts as 'alternative' causes of action for competition law damages actions in UK courts. Journal of European Competition Law and Practice, 8(4), 233-241. https://doi.org/10.1093/jeclap/lpw085

• Damages actions brought in UK courts under either EU or UK competition law generally invoke breach of statutory duty as the cause of action. • Attempts have been made by claimants in recent years, however, to use the economic torts of conspiracy by... Read More about It's a conspiracy! Or is it? The difficulty with the economic torts as 'alternative' causes of action for competition law damages actions in UK courts.

Police responses to intimate partner sexual violence in South Asian communities (2016)
Journal Article
Gill, A. K., & Harrison, K. (2016). Police responses to intimate partner sexual violence in South Asian communities. Policing, 10(4), 446-455. https://doi.org/10.1093/police/paw027

Recognition of sexual violence as a serious problem has been reflected in the wide range of initiatives that over the past 20 years in the UK have been designed to tackle this problem. Emphasis on prevention, protection, and redress has enabled crimi... Read More about Police responses to intimate partner sexual violence in South Asian communities.

Is nudging really extra-legal? (2016)
Journal Article
Cserne, P. (2016). Is nudging really extra-legal?. Revue Tocqueville / Tocqueville Review, 37(1), 159-180

Some of the scholarly literature on nudges seems to assume, without giving it much further thought, that nudges represent a non-legal or extra-legal form of regulation. Others routinely assume nudges to be legal, i.e. capable of being authorized and... Read More about Is nudging really extra-legal?.

Bulgarian constitutionalism : challenges, reform, resistance and ... frustration (2016)
Journal Article
Paskalev, V. (2016). Bulgarian constitutionalism : challenges, reform, resistance and ... frustration. European Public Law, 22(2), 203-224

The paper offers an analysis of Bulgarian constitutional development since 2001 and the impossibility of progressive reforms. It links the decline of quality of democracy with the decline of quality of public discourse.

Effective redress of grievance in data protection : an illusion? (2016)
Journal Article
Varney, M. (2016). Effective redress of grievance in data protection : an illusion?. Maastricht Journal of European and Comparative Law, 23(3), 550-567. https://doi.org/10.1177/1023263X1602300310

This article questions whether the current data protection legislative framework in the EU to provide effective redress of grievance for those who are affected by a breach of data protection law. It considers the extent to which the principle of effe... Read More about Effective redress of grievance in data protection : an illusion?.

The right to a fair trial and the military justice system in Pakistan (2016)
Journal Article
Shah, N. A. (2016). The right to a fair trial and the military justice system in Pakistan. Journal of International Humanitarian Legal Studies, 7(2), 330-362. https://doi.org/10.1163/18781527-00702003

This article analyses the military justice system of Pakistan to determine to what extent it is compatible with fair trial standards recognised by human rights law and the constitution of Pakistan. It sets out the fair trial tests and apply them to t... Read More about The right to a fair trial and the military justice system in Pakistan.

Expert testimony, law and epistemic authority (2016)
Journal Article
Ward, T. (2017). Expert testimony, law and epistemic authority. Journal of Applied Philosophy, 34(2), 263-277. https://doi.org/10.1111/japp.12213

© Society for Applied Philosophy, 2016 This article discusses the concept of epistemic authority in the context of English law relating to expert testimony. It distinguishes between two conceptions of epistemic authority (and epistemic deference), on... Read More about Expert testimony, law and epistemic authority.