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All Outputs (367)

Case C-460/20, TU, RE v. Google LLC (C.J.E.U.) (2023)
Journal Article
Ulgen, O. (2023). Case C-460/20, TU, RE v. Google LLC (C.J.E.U.). International Legal Materials, 62(6), 1062-1083. https://doi.org/10.1017/ilm.2023.31

On December 8, 2022, in a case relating to a de-referencing request to an internet search engine operator on the basis of inaccurate information, the Grand Chamber of the Court of Justice of the European Union (CJEU) delivered its judgment (the Judgm... Read More about Case C-460/20, TU, RE v. Google LLC (C.J.E.U.).

Devolution Issues Under the Scotland Act 1998, Reference by the Lord Advocate (U.K. Sup. Ct.) (2023)
Journal Article
Ulgen, O. (2023). Devolution Issues Under the Scotland Act 1998, Reference by the Lord Advocate (U.K. Sup. Ct.). International Legal Materials, 62(6), 1089-1112. https://doi.org/10.1017/ilm.2023.30

On November 23, 2022, the Supreme Court of the United Kingdom delivered its judgment on whether the Scottish Parliament has legislative competence to introduce a Scottish Independence Referendum Bill (the Bill) to hold a referendum in Scotland asking... Read More about Devolution Issues Under the Scotland Act 1998, Reference by the Lord Advocate (U.K. Sup. Ct.).

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.

Victims as Agents of Accountability: Strengthening Victims’ Right to Review at the International Criminal Court (2023)
Journal Article
Hodgson, N. (2023). Victims as Agents of Accountability: Strengthening Victims’ Right to Review at the International Criminal Court. Criminal Law Forum, 34(3), 273-294. https://doi.org/10.1007/s10609-023-09458-8

Providing justice to victims is one of the most important justifications for international criminal justice. At the International Criminal Court, states have sought to respond to victims’ justice interests in a number of ways, including by allowing v... Read More about Victims as Agents of Accountability: Strengthening Victims’ Right to Review at the International Criminal Court.

Exacerbating Pre-Existing Vulnerabilities: an Analysis of the Effects of the COVID-19 Pandemic on Human Trafficking in Sudan (2023)
Journal Article
Lumley-Sapanski, A., Schwarz, K., Cano, A. V., Babiker, M. A., Crowther, M., Death, E., …Mir, M. P. (2023). Exacerbating Pre-Existing Vulnerabilities: an Analysis of the Effects of the COVID-19 Pandemic on Human Trafficking in Sudan. Human Rights Review, 24(3), 341-361. https://doi.org/10.1007/s12142-023-00683-7

COVID-19 has caused far-reaching humanitarian challenges. Amongst the emerging impacts of the pandemic is on the dynamics of human trafficking. This paper presents findings from a multi-methods study interrogating the impacts of COVID-19 on human tra... Read More about Exacerbating Pre-Existing Vulnerabilities: an Analysis of the Effects of the COVID-19 Pandemic on Human Trafficking in Sudan.

A house is not a home: housing disadvantage, homelessness, and modern slavery (2023)
Journal Article
Clare, N., Iafrati, S., Reeson, C., Wright, N., Gray, C., & Baptiste, H. (2023). A house is not a home: housing disadvantage, homelessness, and modern slavery. Journal of the British Academy, 11, 83-93. https://doi.org/10.5871/jba/011.083

This commentary focuses on the underexplored links between housing disadvantage, homelessness, and modern slavery. Despite significant anecdotal evidence, there is a pressing need for proper theorisation of the connections between housing situation a... Read More about A house is not a home: housing disadvantage, homelessness, and modern slavery.

Rethinking the orality/confrontation paradigm in a world of remote evidence (2023)
Journal Article
Jackson, J. (2023). Rethinking the orality/confrontation paradigm in a world of remote evidence. Criminal Law Review, 265-285

This article reviews the various legislative and court initiatives which have made incursions into the orality/confrontation paradigm in recent years and in particular the recent statutory provision which was given impetus by the COVID-19 pandemic en... Read More about Rethinking the orality/confrontation paradigm in a world of remote evidence.

Human rights and the cost-of-living crisis (2023)
Journal Article
Nolan, A. (2023). Human rights and the cost-of-living crisis. Netherlands Quarterly of Human Rights, 41(1), 3-12. https://doi.org/10.1177/09240519231156060

This column explores the intersection between human rights and the ongoing cost-of-living crisis. It opens with an overview of the crisis before turning to the current global state of affairs’ impact on human rights enjoyment. Having addressed key is... Read More about Human rights and the cost-of-living crisis.

A Performative Theory of Judicial Dissent (2023)
Journal Article
Mistry, H. (2023). A Performative Theory of Judicial Dissent. Modern Law Review, 86(3), 729-755. https://doi.org/10.1111/1468-2230.12786

This article introduces a ritual theory of judicial dissent. Conventional accounts of the functions of judicial dissent, whether in the context of domestic or international judicial systems, can be grouped into three thematic categories: ‘dissent as... Read More about A Performative Theory of Judicial Dissent.

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.

The TuneIn case or communication to the public in the UK after Brexit: the status quo with targeting as a governance tool (2022)
Journal Article
Torremans, P. (2022). The TuneIn case or communication to the public in the UK after Brexit: the status quo with targeting as a governance tool. International Journal of Legal Discourse, 7(2), 223-233. https://doi.org/10.1515/ijld-2022-2071

TuneIn is a case dealing with a portal service on the Internet that allows users to listen to Internet radio stations from around the world and even to select stations that play their favourite music at any given moment in time. The UK courts had to... Read More about The TuneIn case or communication to the public in the UK after Brexit: the status quo with targeting as a governance tool.

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.

‘Turning the Rights Lens Inwards’: The Case for Child Rights-Consistent Strategic Litigation Practice (2022)
Journal Article
Nolan, A., & Skelton, A. (2022). ‘Turning the Rights Lens Inwards’: The Case for Child Rights-Consistent Strategic Litigation Practice. Human Rights Law Review, 22(4), Article ngac026. https://doi.org/10.1093/hrlr/ngac026

The last three decades have seen an explosion of academic, advocacy and policy-maker interest in both the theory and the practice of children's rights. There is a growing global body of strategic litigation focused on the advancement of those rights... Read More about ‘Turning the Rights Lens Inwards’: The Case for Child Rights-Consistent Strategic Litigation Practice.

The requirement of 'power to dispose' in the Cape Town Convention and its protocols (2022)
Journal Article
Saidova, S. (2022). The requirement of 'power to dispose' in the Cape Town Convention and its protocols. Uniform Law Review, 27(2), 282–302. https://doi.org/10.1093/ulr/unac021

The concept of an 'international interest' is central to the Cape Town Convention on International Interests in Mobile Equipment. Once an international interest is created, it can be registered in the International Registry, established under the Con... Read More about The requirement of 'power to dispose' in the Cape Town Convention and its protocols.

Sui generis database protection 2.0: judicial and legislative reforms (2022)
Journal Article
Derclaye, E., & Husovec, M. (2022). Sui generis database protection 2.0: judicial and legislative reforms. European Intellectual Property Review, 44(6), 323-331

The Database Directive confers investment protection (so-called sui generis database protection) on makers of some types of databases. It represents a unique top-down policy experiment of the EU legislature with little national precedent prior to its... Read More about Sui generis database protection 2.0: judicial and legislative reforms.

Robojournalism – A Copyright Study on the Use of Artificial Intelligence in the European News Industry (2022)
Journal Article
Trapova, A., & Mezei, P. (2022). Robojournalism – A Copyright Study on the Use of Artificial Intelligence in the European News Industry. GRUR International, 71(7), 589-602. https://doi.org/10.1093/grurint/ikac038

The copyright protectability of outputs generated by, or with the help of Artificial Intelligence (AI) is a hotly debated question in academia and by many institutions. In practice, sophisticated AI algorithms have become a meaningful assistant in th... Read More about Robojournalism – A Copyright Study on the Use of Artificial Intelligence in the European News Industry.