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All Outputs (359)

The European Securitization Market: Effects of an Uneven Regulatory Playing Field (2024)
Journal Article
Papadogiannis Varouchakis, T. (2024). The European Securitization Market: Effects of an Uneven Regulatory Playing Field. Journal of Financial Regulation, https://doi.org/10.1093/jfr/fjae002

This article critically assesses the European securitization industry’s claim of the existence of an uneven regulatory playing field for securitization structures vis-à-vis financial instruments deemed ‘neighbouring’ to securitization by the industry... Read More about The European Securitization Market: Effects of an Uneven Regulatory Playing Field.

To what extent is the parody exception truly harmonised? An empirical analysis of the Member States’ case law post-Deckmyn (2023)
Journal Article
Derclaye, E. (2023). To what extent is the parody exception truly harmonised? An empirical analysis of the Member States’ case law post-Deckmyn. Intellectual Property Quarterly, 2023(2), 59-85

Over the course of the last three decades, the European Union has adopted 11 legislative instruments in the field of copyright to harmonise many of its aspects and the Court of Justice of the European Union ( CJEU) has over the years been very active... Read More about To what extent is the parody exception truly harmonised? An empirical analysis of the Member States’ case law post-Deckmyn.

Bringing the International Covenant on Civil and Political Rights Home? (2023)
Journal Article
Mcgoldrick, D. (in press). Bringing the International Covenant on Civil and Political Rights Home?. European Human Rights Law Review,

This article is a thought-experiment. Given that the United Kingdom's Human Right Act has had over two decades to bed down, could and should the same model be extended to the International Covenant on Civil and Political Rights (1966), thereby giving... Read More about Bringing the International Covenant on Civil and Political Rights Home?.

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.

Standardizing an Ontology for Ethically Aligned Robotic and Autonomous Systems (2023)
Journal Article
Houghtaling, M. A., Fiorini, S. R., Fabiano, N., Gonçalves, P. J. S., Ulgen, O., Haidegger, T., …Prestes, E. (2024). Standardizing an Ontology for Ethically Aligned Robotic and Autonomous Systems. IEEE Transactions on Systems, Man, and Cybernetics: Systems, 54(3), 1791-1804. https://doi.org/10.1109/TSMC.2023.3330981

Domain-specific ontologies support system design and can establish a framework for fulfilling user-level, safety, or ethical requirements. The IEEE 7007-2021 Ontological Standard for ethically driven robotics and automation systems is the first indus... Read More about Standardizing an Ontology for Ethically Aligned Robotic and Autonomous Systems.

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.

The position of the European security architecture within the international legal order (2023)
Journal Article
White, N. D. (2023). The position of the European security architecture within the international legal order. Italian Yearbook of International Law Online, 32 (2022), 3-24

With the universal architecture for peace and security centred upon the UN Charter of 1945 and the Non-Proliferation Treaty (NPT) of 1968 being built on great power foundations, there are manifest problems when there is no consensus amongst those gre... Read More about The position of the European security architecture within the international legal order.

Freedom of Speech and Academic Freedom in Higher Education in England (2023)
Journal Article
McGoldrick, D. (in press). Freedom of Speech and Academic Freedom in Higher Education in England. Human Rights Quarterly,

This article considers the context, development, and significance of the Higher Education (Freedom of Speech) Act 2023. The Act was relatively unusual in aiming to increase the normative strength of freedom of speech. The central justification given... Read More about Freedom of Speech and Academic Freedom in Higher Education in England.

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, 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 thedynamics of human trafficking. This paper presents findings from a multi-methods study interrogating the impacts of COVID-19 on human traf... 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.