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Bargaining the Rules of Evidence (2024)
Book Chapter
Thomason, M. (2024). Bargaining the Rules of Evidence. In M. Langer, M. McConville, & L. Marsh (Eds.), Research Handbook on Plea Bargaining & Criminal Justice. Edward Elgar Publishing

Plea bargains depend in large part on the available evidence against the defendant. Strictly speaking, these negotiations should be based only on evidence that is likely to be admissible at trial. Bargains therefore implicitly depend on the structure... Read More about Bargaining the Rules of Evidence.

The Law Commission’s “Structured Discretion” Rape Shield: A Critique (2023)
Journal Article
THOMASON, M. (2023). The Law Commission’s “Structured Discretion” Rape Shield: A Critique. Archbold Review, 2023(10), 4-10

Taking up a Chapter of its own in the Law Commission’s mammoth Evidence in Sexual Offences Prosecutions Consultation Paper are proposals to reform the admissibility rules for sexual behaviour (née sexual history) evidence (SBE). Though the Law Comm... Read More about The Law Commission’s “Structured Discretion” Rape Shield: A Critique.

Constructive Trusts and Theft (2023)
Journal Article
Rotherham, C. (2023). Constructive Trusts and Theft. Victoria University of Wellington Law Review, 54(1), 295-316. https://doi.org/10.26686/vuwlr.v54i1.8447

The Theft Act 1968 (UK) marked a major reform of United Kingdom criminal law resulting in numerous offences being superseded by a broad crime of theft. The Act explicitly provided that theft extended to interferences with equitable property rights. W... Read More about Constructive Trusts and Theft.

Rights Lab, University of Nottingham, Response to the UK International Development White Paper: Call for Evidence (Foreign, Commonwealth & Development Office) (2023)
Report
Jackson, B., Bosatta, L., & Schwarz, K. (2023). Rights Lab, University of Nottingham, Response to the UK International Development White Paper: Call for Evidence (Foreign, Commonwealth & Development Office). Foreign, Commonwealth and Development Office (UK)

Submission to the UK Government call for evidence (led by the Foreign, Commonwealth and Development Office) International Development White Paper, September 2023. Response to questions submitted by the Rights Lab, University of Nottingham. Responses... Read More about Rights Lab, University of Nottingham, Response to the UK International Development White Paper: Call for Evidence (Foreign, Commonwealth & Development Office).

Exploring Consumer Detriment in Immersive Gaming Technologies (2023)
Journal Article
Hyde, R., & Cartwright, P. (2023). Exploring Consumer Detriment in Immersive Gaming Technologies. Journal of Consumer Policy, 46(3), 335-361. https://doi.org/10.1007/s10603-023-09544-9

Recent technological advances have led to immersive consumer experiences becoming increasingly common. However, there has been relatively little discussion of the consumer detriment that results from the exploitation of immersion. In this article, we... Read More about Exploring Consumer Detriment in Immersive Gaming Technologies.

Examining the impact of PACE on the detention and questioning of child suspects (2023)
Report
Kemp, V., Carr, N., Kent, H., & Farrall, S. (2023). Examining the impact of PACE on the detention and questioning of child suspects. London: University of Nottingham

The Nuffield Foundation funded this three year project which involved examining the efficacy of legal safeguards for children held in police custody. A mixed methods approach was adopted drawing on over 50,000 electronic custody records drawn from e... Read More about Examining the impact of PACE on the detention and questioning of child suspects.

News from the United Kingdom (2022)
Journal Article
Torremans, P. L. C. (2022). News from the United Kingdom. Revue internationale du droit d'auteur, 55-104

This article critically examines the evolution of UK copyright over the last decade.

Non-defendant bad character and s. 100 of the Criminal Justice Act 2003: A socio-legal analysis of admissibility gateways and trial tactics (2022)
Journal Article
Thomason, M. (2023). Non-defendant bad character and s. 100 of the Criminal Justice Act 2003: A socio-legal analysis of admissibility gateways and trial tactics. International Journal of Evidence and Proof, 27(1), 26-50. https://doi.org/10.1177/13657127221140459

This article presents a socio-legal analysis of the use of non-defendant bad character evidence in Crown Court criminal trials in England. Combining an in-depth doctrinal analysis of s.100 of the Criminal Justice Act 2003 with original qualitative em... Read More about Non-defendant bad character and s. 100 of the Criminal Justice Act 2003: A socio-legal analysis of admissibility gateways and trial tactics.

Re-thinking the Mental Capacity Act 2005: Towards the Next Generation of Law (2022)
Journal Article
Bartlett, P. (2023). Re-thinking the Mental Capacity Act 2005: Towards the Next Generation of Law. Modern Law Review, 86(3), 659-700. https://doi.org/10.1111/1468-2230.12774

It is now more than a quarter of a century since the Law Commission completed its ground-breaking report on mental capacity, a report that became the Mental Capacity Act 2005. Since that time, there have been fundamental changes in the legal, social,... Read More about Re-thinking the Mental Capacity Act 2005: Towards the Next Generation of Law.

Flexible Regional Economic Integration in Africa: Lessons and Implications for the Multilateral Trading System (2022)
Book
Masiko, T. (2022). Flexible Regional Economic Integration in Africa: Lessons and Implications for the Multilateral Trading System. Hart Publishing

Regional economic integration efforts in Africa have, over the years, yielded varied results. For the most part, they have not been as successful as hoped, often encountering crippling challenges. These challenges have been as varied as the blocs tha... Read More about Flexible Regional Economic Integration in Africa: Lessons and Implications for the Multilateral Trading System.

Admitting evidence by agreement: recalibrating managerialism and adversarialism in Crown Court criminal trials (2021)
Journal Article
THOMASON, M. (2021). Admitting evidence by agreement: recalibrating managerialism and adversarialism in Crown Court criminal trials. Criminal Law Review, 2021(9), 727-752

This paper challenges the orthodox academic view which assumes that the admissibility of evidence in Crown Court criminal trials is primarily regulated by rules of evidence. Instead, it offers an account, based on original empirical data (trial obser... Read More about Admitting evidence by agreement: recalibrating managerialism and adversarialism in Crown Court criminal trials.

The Use of International Human Rights Law in the Universal Periodic Review (2021)
Journal Article
Shah, S., & Sivakumaran, S. (2021). The Use of International Human Rights Law in the Universal Periodic Review. Human Rights Law Review, 21(2), 264-301. https://doi.org/10.1093/hrlr/ngaa056

The Human Rights Council’s Universal Periodic Review (UPR) provides a unique insight into states’ perceptions of international human rights law. States issue recommendations to each other on fulfilling human rights obligations and commitments. The Co... Read More about The Use of International Human Rights Law in the Universal Periodic Review.

Beyond negative interpretations of freedom of contract: The interplay between private law and human rights in light of the UN convention on the rights of persons with disabilities (2020)
Book Chapter
Varney, E. (2020). Beyond negative interpretations of freedom of contract: The interplay between private law and human rights in light of the UN convention on the rights of persons with disabilities . In C. Stănescu, & A. Adimi Gikay (Eds.), Discrimination, Vulnerable Consumers and Financial Inclusion: Fair Access to Financial Services and the Law (35-56). Taylor & Francis (Routledge). https://doi.org/10.4324/9781003055075-4

How should the concept of ‘freedom of contract’ be understood in a way that is compatible with the UN Convention on the Rights of Persons with Disabilities (CRPD)? With a focus on English contract law, this discussion challenges negative interpretati... Read More about Beyond negative interpretations of freedom of contract: The interplay between private law and human rights in light of the UN convention on the rights of persons with disabilities .

Cyber Attacks and Cyber (Mis)information Operations During a Pandemic (2020)
Journal Article
Milanovic, M., & Schmitt, M. (2020). Cyber Attacks and Cyber (Mis)information Operations During a Pandemic. Journal of National Security Law & Policy, 11(1), 247-284

The COVID-19 pandemic has been accompanied by reprehensible cyber operations directed against medical facilities and capabilities, as well as by a flood of misinformation. Our goal in this article is to map out the various obligations of states under... Read More about Cyber Attacks and Cyber (Mis)information Operations During a Pandemic.

Special Rules of Attribution of Conduct in International Law (2020)
Journal Article
Milanovic, M. (2020). Special Rules of Attribution of Conduct in International Law. International Law Studies, 96, 295-393

Are there are any special rules of attribution in international law? Are there, in other words, imputational rules that are not recognized as such in general international law, but are specific to particular branches of international law? This is the... Read More about Special Rules of Attribution of Conduct in International Law.

The UN Convention on the Rights of Persons with Disabilities and English Contract Law: A Tale of Unfinished Bridges? (2020)
Journal Article
Varney, E., & Varney, E. (2020). The UN Convention on the Rights of Persons with Disabilities and English Contract Law: A Tale of Unfinished Bridges?. Kings Law Journal, 31(3), 444-466. https://doi.org/10.1080/09615768.2020.1815941

Contract law has a multidimensional role permeating the economic and social spheres of life, connecting people in mutual relations. Despite its potential, contract law is largely overlooked by the UN Convention on the Rights of Persons with Disabilit... Read More about The UN Convention on the Rights of Persons with Disabilities and English Contract Law: A Tale of Unfinished Bridges?.

Agency contracts and the scope of the incapacity defence in English contract law: a topic too hot to handle? (2020)
Journal Article
Varney, E. (2020). Agency contracts and the scope of the incapacity defence in English contract law: a topic too hot to handle?. Journal of Business Law, 2020(5), 382-401

This article assesses the impact of a principal's mental incapacity on agency agreements in English contract law and calls for an approach compatible with the values pursued by the UN Convention on the Rights of Persons with Disabilities.

Commercial Law Intersections (2020)
Working Paper
Castellano, G., & Tosato, A. (2020). Commercial Law Intersections

Commercial law is not a single, monolithic entity. It has grown into a dense thicket of subject-specific branches that govern a broad range of transactions and corporate actions. When one of such dealings or activities falls concurrently within the p... Read More about Commercial Law Intersections.