Stílus a jogban: a bírói érveléstől a stilus curiae-ig és vissza
(2017)
Book Chapter
Cserne, P. (2017). Stílus a jogban: a bírói érveléstől a stilus curiae-ig és vissza. In S. Hegyi, E. Vinnai, & Z. Ződi (Eds.), Orbis Iuris. Ünnepi tanulmánykötet Szabó Miklós 65. születésnapjára (183–198). Miskolc: Bíbor
All Outputs (249)
Ethnic origin of the victim as an aggravating factor in sentencing sexual offenders (2017)
Journal Article
Harrison, K., & Gill, A. K. (2017). Ethnic origin of the victim as an aggravating factor in sentencing sexual offenders. Journal of Sexual Aggression, 23(3), 300-311. https://doi.org/10.1080/13552600.2016.1267271This article examines R v Jamal Muhammed Raheem Ul Nasir, a Court of Appeal case where leave to appeal against a seven-year custodial sentence for sexual offences against children was refused. The appellant argued that his sentence length was excess... Read More about Ethnic origin of the victim as an aggravating factor in sentencing sexual offenders.
Οι δικαστές του Ηνωμένου Βασιλείου και η Ευρωπαϊκή Ενοποίηση (2016)
Book Chapter
Birkinshaw, P. (2016). Οι δικαστές του Ηνωμένου Βασιλείου και η Ευρωπαϊκή Ενοποίηση.The British, specifically the English, are widely regarded as awkward partners in the European project. Much of the criticism against Europe has come from anti-European integration politicians. Now that the outcome of the 2015 general election for th... Read More about Οι δικαστές του Ηνωμένου Βασιλείου και η Ευρωπαϊκή Ενοποίηση.
Islamic law and transnational diplomatic law: A quest for complementarity in divergent legal theories (2016)
Book
Ismail, M. (2016). Islamic law and transnational diplomatic law: A quest for complementarity in divergent legal theories. London: Palgrave Macmillan. https://doi.org/10.1057/9781137558770This book, in its effort to formulate compatibility between Islamic law and the principles of international diplomatic law, argues that the need to harmonize the two legal systems and have a thorough cross-cultural understanding amongst nations gener... Read More about Islamic law and transnational diplomatic law: A quest for complementarity in divergent legal theories.
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/10.1080/20414005.2016.1275590This 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.
An assessment of current regulation of GMOs in the EU and proposals for amending it (2016)
Report
Paskalev, V. (2016). An assessment of current regulation of GMOs in the EU and proposals for amending it. Weymouth, Dorset: Green HouseVesco Paskalev argues that the regulation of GMOs in the EU is a shambles. The main problem lies in a very narrow conception of risk and safety. All the emphasis is wrongly on laboratory tests, and evidence on the wider environmental effects is sca... Read More about An assessment of current regulation of GMOs in the EU and proposals for amending it.
Models of human behaviour in economics, policy and the law (2016)
Book Chapter
Cserne, P. (2016). Models of human behaviour in economics, policy and the law. In J. Zweynert, S. Kolev, & N. Goldschmidt (Eds.), Neue Ordnungsökonomik (49–68). Tübingen: Mohr Sieback
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/10.1163/15718085-12341411As 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.
Consent, compulsion and sex offenders: An ethical and rights based approach to the treatment and management of sex offenders (2016)
Book Chapter
Harrison, K., & Rainey, B. (2016). Consent, compulsion and sex offenders: An ethical and rights based approach to the treatment and management of sex offenders. In C. Ashford, A. Reed, & N. Wake (Eds.), Legal Perspectives on State Power: Consent and Control (358-388). Newcastle upon Tyne, UK: Cambridge Scholars Publishing
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.
The continuing vitality of UNCLOS (2016)
Book Chapter
Barnes, R. (2016). The continuing vitality of UNCLOS. In J. Barrett, & R. Barnes (Eds.), Law of the sea: UNCLOS as a living treaty (459). London: British Institute of International and Comparative Law
Facts and Norms in the Behavioural Assumptions of Law (2016)
Book Chapter
Cserne, P. (2016). Facts and Norms in the Behavioural Assumptions of Law. In S. Taekema, B. van Klink, & W. de Been (Eds.), Facts and Norms in Law: Interdisciplinary Reflections on Legal Method (100–124). Cheltenham: Edward Elgar Publishing
Britain's experience of coalition government: continuity and change (2016)
Book Chapter
Yong, B. (2016). Britain's experience of coalition government: continuity and change. In R. Heffernan, C. Hay, M. Russell, & P. Cowley (Eds.), Developments in British Politics 10 (20-38). (10th). London: Palgrave Macmillan
Public procurement and state aid (2016)
Book Chapter
Bovis, C. (2016). Public procurement and state aid. In H. Hofmann, & C. Micheau (Eds.), State Aid Law of the European Union. Oxford: Oxford University Press
Research handbook on EU public procurement law (2016)
Book
Bovis, C. (2016). C. Bovis (Ed.). Research handbook on EU public procurement law. Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781781953266The Research Handbook on EU Public Procurement Law makes a major contribution to our understanding of the EU public procurement regime, at a time when it is being implemented by the EU Member States, and of the pivotal role that this will play for th... Read More about Research handbook on EU public procurement law.
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/paw027Recognition 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), 159-180Some 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), 203-224The 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/10.1177/1023263X1602300310This 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?.
Beyond responsibility to protect: Ceci N'Est Pas Une Pipe (2016)
Book Chapter
Barnes, R. A., & Tzevelekos, V. P. (2016). Beyond responsibility to protect: Ceci N'Est Pas Une Pipe. In R. Barnes, & V. Tzevelekos (Eds.), Beyond responsibility to protect: Generating change in international law (3-30). Intersentia. https://doi.org/10.1017/9781780687483.002René Magritte's famous painting showing a pipe and painted text informing the reader that ‘[t]his is not a pipe’ is susceptible to varying interpretations. The truth of the painter's message depends on whether ‘this’ refers to the pipe depicted or to... Read More about Beyond responsibility to protect: Ceci N'Est Pas Une Pipe.