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The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does "Follow-on" (2019)
Journal Article
Stirling, G. (2019). The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does "Follow-on". Global Competition Litigation Review, 12(4), 168-178

This article considers issues around the evidential value of final infringement decisions of national regulators and review courts for the purposes of follow-on damages actions, particularly in the context of Article 9(1) of the EU’s Antitrust Damage... Read More about The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does "Follow-on".

Research-based clinical legal education: a contradiction in terms or a win-win? Lessons from a UK pilot study. (2019)
Journal Article
Whitehouse, L. (in press). Research-based clinical legal education: a contradiction in terms or a win-win? Lessons from a UK pilot study. International journal of clinical legal education, 27(1), 137-170. https://doi.org/10.19164/ijcle.v27i1.853

This article provides an account of a project (funded by the Ferens Education Trust) which is designed to enhance clinical legal education (CLE) provision within my own institution, develop networks with local stakeholders, promote civic engagement,... Read More about Research-based clinical legal education: a contradiction in terms or a win-win? Lessons from a UK pilot study..

The uneasy case for parsimony in (law and) economics: conceptual, empirical and normative arguments (2019)
Journal Article
Cserne, P. (2019). The uneasy case for parsimony in (law and) economics: conceptual, empirical and normative arguments. Global jurist, 19(3), https://doi.org/10.1515/gj-2019-0001

Taking Guido Calabresi’s discussion of preferences and value judgements in The Future of Law and Economics as a starting point, this paper analyses some conceptual difficulties, epistemic benefits and normative uses of parsimonious economic analyses... Read More about The uneasy case for parsimony in (law and) economics: conceptual, empirical and normative arguments.

Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum (2019)
Journal Article
Chowdhury, M. J. A., & Saha, N. K. (2019). Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum. Indian Journal of Constitutional Law, 9, 38-61

The recent constitutional trend in divided societies and relatively unstable democracies has seen an increased use of perpetuity clauses as a tool to foster constitutional stability. Propriety and effectiveness of making certain part or parts of c... Read More about Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum.

Mortgage possession at a crossroads: which way should we turn? (2019)
Journal Article
Whitehouse, L. (2019). Mortgage possession at a crossroads: which way should we turn?. Conveyancer and property lawyer, 83(3), 227-249

The unification of the regulation of first and second mortgages in 2016 has raised the question as to the appropriate route for possession claims: is it the Administration of Justice Act 1970 or the Consumer Credit Act 1974? In making the case for th... Read More about Mortgage possession at a crossroads: which way should we turn?.

Conceptualising ‘style’ in legal scholarship: the curious case of Zweigert’s 'style doctrine' (2019)
Journal Article
Cserne, P. (2019). Conceptualising ‘style’ in legal scholarship: the curious case of Zweigert’s 'style doctrine'. International journal of law in context, 15(3), 297-309. https://doi.org/10.1017/S1744552319000296

This paper focuses on the German legal scholar Konrad Zweigert’s (1911–96) deceptively simple and notoriously vague use of the term “style” in comparative legal scholarship.

Improving procedural fairness in housing possession cases (2019)
Journal Article
Whitehouse, L., Bright, S., & Dhami, M. (2019). Improving procedural fairness in housing possession cases. Civil justice quarterly, 38(3), 351-375

This article offers an insight into the context and practice of housing possession hearings in which a social landlord seeks a possession order against a tenant who is in rent arrears. Drawing on the findings of the authors’ empirical research supple... Read More about Improving procedural fairness in housing possession cases.

Tacticians, stewards and professionals: The politics of publishing select committee legal advice (2019)
Journal Article
Yong, B., Davies, G., & Leston-Bandeira, C. (in press). Tacticians, stewards and professionals: The politics of publishing select committee legal advice. Journal of Law and Society, Forthcoming, https://doi.org/10.1111/jols.12153

At Westminster, there are increasing pressures on select committees to publish in-house legal advice. We suggest that examining the process of deciding to publish gives us useful insights into the provision, reception and use of legal advice, and the... Read More about Tacticians, stewards and professionals: The politics of publishing select committee legal advice.

Alternative histories and futures of International Fisheries Law (2019)
Book Chapter
Barnes, R. (2019). Alternative histories and futures of International Fisheries Law. In R. Caddell, & E. J. Molenaar (Eds.), Strengthening International Fisheries Law in an era of changing oceans. Bloomsbury Publishing

Counterfactual thinking is used to analyse historical events or the effectiveness of political regimes. It is also used to show the contingency of events. What if we were to apply counterfactual thinking to the international regulation of fisheries?... Read More about Alternative histories and futures of International Fisheries Law.

The Pursuit of Good Regulatory Design Principles in International Fisheries Law: What Possibility of Smarter International Regulation? (2019)
Book Chapter
Barnes, R. (2019). The Pursuit of Good Regulatory Design Principles in International Fisheries Law: What Possibility of Smarter International Regulation?. In J. van Erp, M. Faure, A. Nollkaemper, & N. Philipsen (Eds.), Smart Mixes of Environmental Governance edited by Niels Philipsen, Judith van Erp, Andre Nollkaemper, and Michael Faure (97-125). Cambridge University Press. https://doi.org/10.1017/9781108653183

Regional Fisheries Management Organisations (RFMOs) facilitate international cooperation for the management of shared transboundary fish resources like tuna. However, RFMOs are challenged with dynamic interests which have slowed progress towards coll... Read More about The Pursuit of Good Regulatory Design Principles in International Fisheries Law: What Possibility of Smarter International Regulation?.

Bangladesh’s inconsistency with the doctrine of prospective invalidation (2019)
Book Chapter
Chowdhury, M. J. A. (2019). Bangladesh’s inconsistency with the doctrine of prospective invalidation. In P. J. Yap (Ed.), Constitutional Remedies in Asia (33-46). London: Routledge. https://doi.org/10.4324/9780429435485

This chapter argue that the position of the Supreme Court of Bangladesh is hardly based on any principled appreciation of the doctrine. It describes the prospective Invalidation is used in a specific sense to touch upon judicial decisions unsettling... Read More about Bangladesh’s inconsistency with the doctrine of prospective invalidation.

German Constitutional Law in the UK Supreme Court (2019)
Journal Article
Künnecke, M. (2019). German Constitutional Law in the UK Supreme Court. Liverpool Law Review, 40(1), 31–47. https://doi.org/10.1007/s10991-019-09221-3

The outgoing tide of EU law will be Britain’s most significant constitutional change in recent times. In an era of uncertainties, the UK Supreme Court proved to be a guardian of the constitutional role of Parliament. The case of Miller, decided in th... Read More about German Constitutional Law in the UK Supreme Court.

The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law (2019)
Book Chapter
Barnes, R. (2019). The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law. In D. Freestone (Ed.), Conserving biodiversity in areas beyond national jurisdiction (104-139). Leiden: Brill Academic Publishers. https://doi.org/10.1163/9789004391703_006

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... Read More about The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law.

Historical evolution of the international legal responses to the trafficking of children: A critique (2019)
Book Chapter
Faulkner, E. A. (2019). Historical evolution of the international legal responses to the trafficking of children: A critique. In J. A. Winterdyk, & J. Jones (Eds.), The Palgrave International Handbook of Human Trafficking (1-18). Cham, Switzerland: Palgrave Macmillan. https://doi.org/10.1007/978-3-319-63192-9_113-1

The trafficking of children has received extensive attention from both academic and political arenas in recent years, yet this growing phenomenon remains a relatively new area of international law (Gallagher, The international law of human traffickin... Read More about Historical evolution of the international legal responses to the trafficking of children: A critique.