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Reconstructing the effective control criterion in extraterritorial human rights breaches : direct attribution of wrongfulness, due diligence, and concurrent responsibility (2014)
Journal Article
Tzevelekos, V. P. (2014). Reconstructing the effective control criterion in extraterritorial human rights breaches : direct attribution of wrongfulness, due diligence, and concurrent responsibility. Michigan Journal of International Law, 34(1), 129-178

The paper discusses the rather thorny question of extraterritoriality in human rights protection and the effective control criterion developed by the European Court of Human Rights with a view to delimit territorially the ambit of human right obligat... Read More about Reconstructing the effective control criterion in extraterritorial human rights breaches : direct attribution of wrongfulness, due diligence, and concurrent responsibility.

Research on Patients with Dementia (2014)
Book Chapter
Bielby, P. (2014). Research on Patients with Dementia. In C. Foster, J. Herring, & I. Doron (Eds.), The Law and Ethics of Dementia. Hart Publishing

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.

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.

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.

Contract, Freedom of (2014)
Book Chapter
Cserne, P. (2014). Contract, Freedom of. In Encyclopedia of Law and Economics (1-10). Berlin / New York: Springer Publishing Company. https://doi.org/10.1007/978-1-4614-7883-6_538-1

Freedom of contract is a principle of law, expressing three related ideas: parties should be free to choose their contracting partners (“party freedom”), to agree freely on the terms of their agreement (“term freedom”), and where agreements have been... Read More about Contract, Freedom of.

‘It’s a bird! It’s a plane! It’s a non-international armed conflict!’: cross-border hostilities between states and non-state actors (2014)
Book Chapter
Moir, L. (2014). ‘It’s a bird! It’s a plane! It’s a non-international armed conflict!’: cross-border hostilities between states and non-state actors. In C. Harvey, J. Summers, & N. D. White (Eds.), Contemporary challenges to the laws of war (71-94). Cambridge, UK: Cambridge University Press. https://doi.org/10.1017/CBO9781107478725.007

© Cambridge University Press 2014. All rights reserved. A contention may, of course, arise between armed forces of a State and a body of armed individuals, but this is not war. [M]odern conflict often does not appear to fit nicely into the strict tra... Read More about ‘It’s a bird! It’s a plane! It’s a non-international armed conflict!’: cross-border hostilities between states and non-state actors.

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.

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?.

The 2006 Women Protection Act of Pakistan: An analysis (2014)
Book Chapter
Shah, N. A. (2014). The 2006 Women Protection Act of Pakistan: An analysis. In M. A. Baderin (Ed.), Islamic Law in Practice Volume III (428-438). London: Routledge. https://doi.org/10.4324/9781315251738

© 2014 Mashood A. Baderin. This note argues that the 1979 Hudood laws of Pakistan, especially the Zina Ordinance were discriminatory and led to the violations of rights of men and women, but women were the hardest hit victims. The new legislation in... Read More about The 2006 Women Protection Act of Pakistan: An analysis.

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.