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Outputs (60)

Rape as 'one person's word against another's': challenging the conventional wisdom (2018)
Journal Article
Saunders, C. L. (2018). Rape as 'one person's word against another's': challenging the conventional wisdom. International Journal of Evidence and Proof, 22(2), https://doi.org/10.1177/1365712718766478

According to the conventional wisdom, rape is generally a case of ‘one person’s word against another’s’ and, in the absence of independent evidence, judgements regarding the truth or otherwise of an allegation are influenced by ‘rape myths’ and gende... Read More about Rape as 'one person's word against another's': challenging the conventional wisdom.

The doctrine of benefit and burden: reforming the law of covenants and the numerus clausus “problem” (2018)
Journal Article
Bevan, C. (2018). The doctrine of benefit and burden: reforming the law of covenants and the numerus clausus “problem”. Cambridge Law Journal, 77(1), 72-96. https://doi.org/10.1017/S0008197318000065

The doctrine of benefit and burden - an indirect method for enforcing the burden of positive freehold covenants – developed as an exception the strict Austerberry rule that the burden of positive covenants cannot bind successors directly at law. Thre... Read More about The doctrine of benefit and burden: reforming the law of covenants and the numerus clausus “problem”.

Obstacles to Fairness in Criminal Proceedings: Individual Rights and Institutional Forms (2018)
Book
Jackson, J. D., & Summers, S. J. (Eds.). (2018). Obstacles to Fairness in Criminal Proceedings: Individual Rights and Institutional Forms. Hart Publishing. https://doi.org/10.5040/9781782258384

This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings.

The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different instituti... Read More about Obstacles to Fairness in Criminal Proceedings: Individual Rights and Institutional Forms.

Morally blameless wrongdoers and the change of position defence (2018)
Journal Article
Rotherham, C. (2018). Morally blameless wrongdoers and the change of position defence. Singapore Academy of Law Journal, 30(March 2018), 149-174

This article argues that, contrary to the position taken by some judges and commentators, morally blameless defendants who have committed torts of strict liability should be able to raise the change of position defence against claimants who sue for a... Read More about Morally blameless wrongdoers and the change of position defence.

“World Community Interest” Approach to Interim Measures on “Robot Weapons”: Revisiting the Nuclear Test Cases (2018)
Journal Article
Ulgen, O. (2018). “World Community Interest” Approach to Interim Measures on “Robot Weapons”: Revisiting the Nuclear Test Cases. New Zealand Yearbook of International Law, 14(2016), 3-34. https://doi.org/10.1163/9789004345911_002

Forty-four years after the ICJ provisional measures orders in the Nuclear Test Cases requesting France stop atmospheric nuclear weapons testing in the South Pacific, we are facing another deadly threat from the use and development of "robot weapons".... Read More about “World Community Interest” Approach to Interim Measures on “Robot Weapons”: Revisiting the Nuclear Test Cases.

Experiences of restrictiveness in forensic psychiatric care: systematic review and concept analysis (2018)
Journal Article
Tomlin, J., Bartlett, P., & Völlm, B. (2018). Experiences of restrictiveness in forensic psychiatric care: systematic review and concept analysis. International Journal of Law and Psychiatry, 57, https://doi.org/10.1016/j.ijlp.2017.12.006

Mentally disordered offenders may be sent to secure psychiatric hospitals. These settings can resemble carceral spaces, employing high levels of security restricting resident autonomy, expression and social interaction. However, research exploring th... Read More about Experiences of restrictiveness in forensic psychiatric care: systematic review and concept analysis.

Who are the ‘gatekeepers’?: in continuation of the debate on direct applicability and direct effect of EU international agreements (2018)
Journal Article
Ghazaryan, N. (2018). Who are the ‘gatekeepers’?: in continuation of the debate on direct applicability and direct effect of EU international agreements. Yearbook of European Law, 37, 27–74. https://doi.org/10.1093/yel/yey003

The article revisits the debate on direct applicability and direct effect of EU international agreements by questioning the role of the so called gatekeepers. It considers the established role of the Court of Justice of the EU as the gatekeeper of th... Read More about Who are the ‘gatekeepers’?: in continuation of the debate on direct applicability and direct effect of EU international agreements.

Rail Franchises, Competition and Public Service (2018)
Journal Article
Prosser, T., & Butler, L. (2018). Rail Franchises, Competition and Public Service. Modern Law Review, 81(1), 23-50. https://doi.org/10.1111/1468-2230.12315

The use of franchises to deliver rail services has raised major problems. Franchises restrict competition in the market, whilst competitive bidding for franchises has met with difficulties, notably in relation to risk transfer and the recent use of s... Read More about Rail Franchises, Competition and Public Service.

Private oil companies operating in contested waters and international law of the sea: a peculiar relationship (2018)
Journal Article
Pappa, M. (2018). Private oil companies operating in contested waters and international law of the sea: a peculiar relationship. Oil, Gas & Energy Law, 2018(1),

This study investigates whether non-state actors, particularly private oil companies, possess any international rights and obligations while operating in contested waters. The United Nations Convention on the Law of the Sea (UNCLOS) provides certain... Read More about Private oil companies operating in contested waters and international law of the sea: a peculiar relationship.