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All Outputs (623)

The Case For A Hybrid Jury In Europe (2021)
Book Chapter
Jackson, J. (2021). The Case For A Hybrid Jury In Europe. In S. Kutnjak Ivković, S. Seidman Diamond, V. P. Hans, & N. S. Marder (Eds.), Juries, Lay Judges, and Mixed Courts: A Global Perspective (304-322). Cambridge University Press. https://doi.org/10.1017/9781108669290.015

This chapter proposes a model of a hybrid jury for both common law and civil law European criminal justice systems which is required to give a reasoned decision and fits well with the jurisprudence of the European Court of Human Rights.

Non-State Actors' Rights in Maritime Delimitation: Lessons from Land (2021)
Book
Pappa, M. (2021). Non-State Actors' Rights in Maritime Delimitation: Lessons from Land. Cambridge University Press. https://doi.org/10.1017/9781108891936

Most of the world's maritime boundary disputes involve privately held rights - relating to such matters as fishing, petroleum exploration and scientific research - that states have unilaterally granted to non-state actors in areas of overlapping nati... Read More about Non-State Actors' Rights in Maritime Delimitation: Lessons from Land.

Contrasting Penal and Non-Penal Responses to Terrorism: Proportionality and Human Rights in the UK (2021)
Book Chapter
Jackson, J. (2021). Contrasting Penal and Non-Penal Responses to Terrorism: Proportionality and Human Rights in the UK. In E. Billis, N. Knust, & J. Petter Rui (Eds.), Proportionality in Crime Control and Criminal Justice. Bloomsbury Publishing

This chapter examines the penal and non-penal executive measures that have been taken to combat two main phases of terrorist activity within the last 50 years, namely Irish or so-called 'troubles-based' terrorism dating back to the 1970s and more re... Read More about Contrasting Penal and Non-Penal Responses to Terrorism: Proportionality and Human Rights in the UK.

Commercial Law Intersections (2021)
Journal Article
Castellano, G., & Tosato, A. (2021). Commercial Law Intersections. Hastings Law Journal, 72(4), 999-1054

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 these events falls concurrently within the purview of two o... Read More about Commercial Law Intersections.

Introduction : situating, researching, and writing comparative legal history (2021)
Book Chapter
Eves, W., & Hudson, J. (2021). Introduction : situating, researching, and writing comparative legal history. . Cambridge, United Kingdom: Cambridge University Press. https://doi.org/10.1017/9781108955195.001

This volume is a selection of essays taken from the excellent range of papers presented at the British Legal History Conference hosted by the Institute for Legal and Constitutional Research at the University of St Andrews, 10–13 July 2019. The theme... Read More about Introduction : situating, researching, and writing comparative legal history.

Common Law, Civil Law, and Colonial Law (2021)
Book
Eves, W., Hudson, J., Ivarsen, I., & White, S. B. (2021). Common Law, Civil Law, and Colonial Law. Cambridge, United Kingdom: Cambridge University Press (CUP). https://doi.org/10.1017/9781108955195

Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The... Read More about Common Law, Civil Law, and Colonial Law.

The Digital Single Market Directive (2021)
Book Chapter
Torremans, P., & Stamatoudi, I. (2021). The Digital Single Market Directive. In EU Copyright Law: a commentary (651-761). (2). Edward Elgar Publishing

The chapter offers a comprehensive commentary on the new digital single market directive, which provided a major copyright update.

Unfolding Africa's Impact on the Development of International Refugee Law (2021)
Journal Article
Palacios-Arapiles, S. (2021). Unfolding Africa's Impact on the Development of International Refugee Law. Journal of African Law, 65(S1), 9-33. https://doi.org/10.1017/s0021855321000036

This article traces the contributions of African states to the development of international refugee law and explores the role African human rights supervisory bodies have played in the interpretation and application of this field of law. While Africa... Read More about Unfolding Africa's Impact on the Development of International Refugee Law.

Social Justice: From God to Corporation (2021)
Journal Article
McCorquodale, R. (2021). Social Justice: From God to Corporation. Oxford Journal of Law and Religion, 10(1), 116-132. https://doi.org/10.1093/ojlr/rwab007

While 'social justice' is a recent concept, its origins lie in a 13th century theologian, who, through an Italian Jesuit, inspired a 19th century Pope. From there it has moved to the secular realm and jurisprudential reasoning, and tried to leap from... Read More about Social Justice: From God to Corporation.

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.

Design litigation in the EU Member States: Are overlaps with other intellectual property rights and unfair competition problematic and are SMEs benefitting from the EU design legal framework? (2021)
Journal Article
Church, O., Derclaye, E., & Stupfler, G. (2021). Design litigation in the EU Member States: Are overlaps with other intellectual property rights and unfair competition problematic and are SMEs benefitting from the EU design legal framework?. European Law Review, 2021(1),

Genuine overlaps (several intellectual property rights (IPR) applying to the same intellectual effort) create overprotection. There is hardly any empirical legal research done on how claimants have litigated at national level not only on their design... Read More about Design litigation in the EU Member States: Are overlaps with other intellectual property rights and unfair competition problematic and are SMEs benefitting from the EU design legal framework?.

The persistence of partition: Boundary-making, imperialism, and international law (2021)
Journal Article
Kattan, V. (2022). The persistence of partition: Boundary-making, imperialism, and international law. Political Geography, 94, Article 102557. https://doi.org/10.1016/j.polgeo.2021.102557

This article implores political geographers to engage with the sub-discipline's imperial roots in which international law was foundational. It does so by revisiting the practice of partition – defined here as an imposed boundary – which remains centr... Read More about The persistence of partition: Boundary-making, imperialism, and international law.

Exploring Children’s Understanding of the Legal Rights of Suspects in England and Wales (2021)
Journal Article
Kemp, V., & Watkins, D. (2021). Exploring Children’s Understanding of the Legal Rights of Suspects in England and Wales. Youth Justice, 1-19. https://doi.org/10.1177/14732254211030597

While studies have explored adult suspects’ understanding of their legal rights, seldom are the experiences of children and young people taken into account. In this article, we discuss findings arising out of research interviews conducted with 61 chi... Read More about Exploring Children’s Understanding of the Legal Rights of Suspects in England and Wales.