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All Outputs (132)

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.

Speaking about sexual abuse in British South Asian communities: offenders, victims and the challenges of shame and reintegration (2014)
Journal Article
Cowburn, M., Gill, A. K., & Harrison, K. (2015). Speaking about sexual abuse in British South Asian communities: offenders, victims and the challenges of shame and reintegration. Journal of Sexual Aggression, 21(1), 4-15. https://doi.org/10.1080/13552600.2014.929188

Cultural dynamics have a significant impact on how sexual matters, including sexual abuse, are discussed in British South Asian communities. The ways in which these communities talk about sexual violence often reinforce patriarchal norms and values,... Read More about Speaking about sexual abuse in British South Asian communities: offenders, victims and the challenges of shame and reintegration.

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 use of force under Islamic law (2013)
Journal Article
Shah, N. A. (2013). The use of force under Islamic law. European Journal of International Law, 24(1), 343-365. https://doi.org/10.1093/ejil/cht013

This article focuses on the use of force under Islamic law, i.e., jus ad bellum. Islamic law allows the use of force in self-defence and in defence of those who are oppressed and unable to defend themselves. In contrast, the offensive theory of jiha... Read More about The use of force under Islamic law.

The capacity of property rights to accommodate social-ecological resilience (2013)
Journal Article
Barnes, R. A. (2013). The capacity of property rights to accommodate social-ecological resilience. Ecology and Society, 18(1), https://doi.org/10.5751/es-05292-180106

Here, I consider how social-ecological resilience can be facilitated by the use of property rights. Taking a legal perspective on the use of different forms of property, I consider how property rules can manifest the attributes of flexibility, respon... Read More about The capacity of property rights to accommodate social-ecological resilience.

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.

Experts, rights and precaution (2012)
Journal Article
Bielby, P., & Ward, T. (2012). Experts, rights and precaution. Web journal of current legal issues, 2012(5),

In this article, we offer an account of the epistemological and moral principles that should govern decisions where judges and other official decision-makers are asked to authorize courses of action which would amount to a violation of someone's righ... Read More about Experts, rights and precaution.

Expert evidence, judicial reasoning, and the family courts information pilot (2012)
Journal Article
Ward, T. (2012). Expert evidence, judicial reasoning, and the family courts information pilot. Journal of Law and Society, 39(4), 515-540. https://doi.org/10.1111/j.1467-6478.2012.00598.x

The Family Courts Information Pilot made a modest step towards open justice in Children Act cases by publishing 160 judgments of the County Courts and Family Proceedings Courts. This article focuses on the reasoning about expert evidence in the judge... Read More about Expert evidence, judicial reasoning, and the family courts information pilot.

Religion, Sexual Orientation and the Equality Act 2010: Gay Bishops in the Church of England Negotiating Rights Against Discrimination (2012)
Journal Article
Clucas, R. (2012). Religion, Sexual Orientation and the Equality Act 2010: Gay Bishops in the Church of England Negotiating Rights Against Discrimination. Sociology, 46(5), 936-950. https://doi.org/10.1177/0038038512451533

A sophisticated understanding of human rights must look at ways in which conflicts between competing rights are negotiated. This article undertakes a case study of the interrelationship of rights related to religion and sexuality in societies, in the... Read More about Religion, Sexual Orientation and the Equality Act 2010: Gay Bishops in the Church of England Negotiating Rights Against Discrimination.