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All Outputs (362)

Planning for incapacity by people with bipolar disorder under the Mental Capacity Act 2005 (2016)
Journal Article
Bartlett, P., Mudigonda, M., Chopra, A., Morriss, R., & Jones, S. (2016). Planning for incapacity by people with bipolar disorder under the Mental Capacity Act 2005. Journal of Social Welfare and Family Law, 38(3), 263-286. https://doi.org/10.1080/09649069.2016.1228145

© 2016 Informa UK Limited, trading as Taylor & Francis Group. The Mental Capacity Act 2005 provides a variety of legal mechanisms for people to plan for periods of incapacity for decisions relating to personal care, medical treatment, and financial... Read More about Planning for incapacity by people with bipolar disorder under the Mental Capacity Act 2005.

Price reduction versus damages: a battle without a winner (2016)
Journal Article
Beheshti, R. (2016). Price reduction versus damages: a battle without a winner. Uniform Law Review, 21(2-3), 216-237. https://doi.org/10.1093/ulr/unw021

© The Author (2016). Damages are considered the primary remedy in English sales law. This remedy has also been adopted in the Convention on Contracts for the International Sale of Goods. However, price reduction seems to be of a higher importance tha... Read More about Price reduction versus damages: a battle without a winner.

Self-Determination during the Cold War: UN General Assembly Resolution 1514 (1960), the Prohibition of Partition, and the Establishment of the British Indian Ocean Territory (1965) (2016)
Journal Article
Kattan, V. (2016). Self-Determination during the Cold War: UN General Assembly Resolution 1514 (1960), the Prohibition of Partition, and the Establishment of the British Indian Ocean Territory (1965). Max Planck Yearbook of United Nations Law Online, 19(1), 419-468. https://doi.org/10.1163/18757413-00190015

This article uses the history of partition to assess when self-determination became a rule of customary international law prohibiting partition as a method of decolonization. In so doing it revisits the partitions of Indochina, Korea, India, Palestin... Read More about Self-Determination during the Cold War: UN General Assembly Resolution 1514 (1960), the Prohibition of Partition, and the Establishment of the British Indian Ocean Territory (1965).

The Supreme Court at the bar of public opinion polls (2016)
Journal Article
Bassok, O. (2016). The Supreme Court at the bar of public opinion polls. Constellations, 23(4), (573-584). doi:10.1111/1467-8675.12211. ISSN 1351-0487

The idea that the American Supreme Court requires public support to function properly is not an inherent timeless truth. It has history. Currently, those who view it as a timeless truth use the famous dictum from The Federalist No. 78 to argue that w... Read More about The Supreme Court at the bar of public opinion polls.

Redress compliance and choice: Enhanced Consumer Measures and the retreat from punishment in the Consumer Rights Act 2015 (2016)
Journal Article
Cartwright, P. (2016). Redress compliance and choice: Enhanced Consumer Measures and the retreat from punishment in the Consumer Rights Act 2015. Cambridge Law Journal, 75(2), 271-300. https://doi.org/10.1017/S0008197316000210

This article examines critically the extent to which the availability of Enhanced Consumer Measures (ECMs) created by the Consumer Rights Act 2015 addresses the problems associated with the enforcement of consumer protection law in the UK. The articl... Read More about Redress compliance and choice: Enhanced Consumer Measures and the retreat from punishment in the Consumer Rights Act 2015.

A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions (2016)
Journal Article
Beheshti, R. (2016). A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions. Journal of Business Law, 5,

This article focuses on the remoteness of loss. It will be shown that the availability of damages under legal regimes created by the main international conventions, such as the United Nations Convention on Contracts for the International Sale of Good... Read More about A comparative and normative analysis of the remoteness test in the availability of significant remedies in international sales transactions.

The Impact of the ICTY on the Former Yugoslavia: An Anticipatory Postmortem (2016)
Journal Article
Milanovic, M. (2016). The Impact of the ICTY on the Former Yugoslavia: An Anticipatory Postmortem. American Journal of International Law, 110(2), 233-259. https://doi.org/10.5305/amerjintelaw.110.2.0233

As a series of public opinion surveys indicate, the International Criminal Tribunal for the Former Yugoslavia seems not to have persuaded populations in the various successor countries that the findings in its judgments are true. These surveys highli... Read More about The Impact of the ICTY on the Former Yugoslavia: An Anticipatory Postmortem.

Foreign Prisoners in Europe: An Analysis of the 2012 Council of Europe Recommendation and Its Implications for International Penal Policy (2016)
Journal Article
Mulgrew, R. (2016). Foreign Prisoners in Europe: An Analysis of the 2012 Council of Europe Recommendation and Its Implications for International Penal Policy. Review of International Law and Politics, 12(1),

The issue of migration is attracting significant media and political attention in Europe. Migration has been one of the causes of the rapid rise in the number and proportion of foreigners in national prisons. In response to this problem, the Council... Read More about Foreign Prisoners in Europe: An Analysis of the 2012 Council of Europe Recommendation and Its Implications for International Penal Policy.

Overriding and over-extended?: actual occupation: a call to orthodoxy (2016)
Journal Article
Bevan, C. (2016). Overriding and over-extended?: actual occupation: a call to orthodoxy. Conveyancer and Property Lawyer, 2016(2),

Those in actual occupation is one example of protection for an interest which although unregistered overrides a registered disposition and was first introduced by the notorious s70(1)(g) Land Registration Act 1925. Today the applicable law is provide... Read More about Overriding and over-extended?: actual occupation: a call to orthodoxy.

Defying gravity: defining the international rule of law (2016)
Journal Article
McCorquodale, R. (2016). Defying gravity: defining the international rule of law. International and Comparative Law Quarterly, 65(2), https://doi.org/10.1017/S0020589316000026

This article aims to offer a definition of the international rule of law. It does this through clarifying the core objectives of a rule of law and examining whether the international system could include them. It demonstrates that there can be a defi... Read More about Defying gravity: defining the international rule of law.

The Blood Libel in North America: Jews, Law, and Citizenship in the Early 20th Century (2016)
Journal Article
Fraser, D. (2016). The Blood Libel in North America: Jews, Law, and Citizenship in the Early 20th Century. Law and Literature, 28(1), 33-85. https://doi.org/10.1080/1535685X.2015.1110379

While Mendel Beilis stood trial for murder in Ukraine, the small Jewish population of Quebec City in Canada pursued legal action against perpetrators of the blood libel. This article traces the attempts by Jewish populations in Quebec City, Montreal,... Read More about The Blood Libel in North America: Jews, Law, and Citizenship in the Early 20th Century.

Commercial agency and the duty to act in good faith (2016)
Journal Article
Tosato, A. (2016). Commercial agency and the duty to act in good faith. Oxford Journal of Legal Studies, 36(3), 661-695. https://doi.org/10.1093/ojls/gqv040

© The Author 2016. Published by Oxford University Press. All rights reserved. Under Directive 86/653/EEC on the co-ordination of the laws of European Union Member States relating to self-employed commercial agents, commercial agents have an obligatio... Read More about Commercial agency and the duty to act in good faith.

Uses of macro social theory: a social housing case study (2016)
Journal Article
Bevan, C., & Cowan, D. (2016). Uses of macro social theory: a social housing case study. Modern Law Review, 79(1), 76-101. https://doi.org/10.1111/1468-2230.12167

This article reflects on the use of macro social theoretical perspectives to explain micro social issues. It uses social housing allocations as a case study of the issues that arise in such explanations. There has been a number of important social th... Read More about Uses of macro social theory: a social housing case study.

Is there a EU copyright jurisprudence?: an empirical analysis of the workings of the European Court of Justice (2016)
Journal Article
Favale, M., Kretschmer, M., & Torremans, P. (2016). Is there a EU copyright jurisprudence?: an empirical analysis of the workings of the European Court of Justice. Modern Law Review, 79(1), 31-75. https://doi.org/10.1111/1468-2230.12166

The Court of Justice of the European Union (CJEU) has been suspected of carrying out a harmonising agenda over and beyond the conventional law-interpreting function of the judiciary. In relation to the development of a EU copyright law, the Court has... Read More about Is there a EU copyright jurisprudence?: an empirical analysis of the workings of the European Court of Justice.

Food security and the right to food: finding balance in the 2012 Food Assistance Convention (2016)
Journal Article
La Chimia, A. (2016). Food security and the right to food: finding balance in the 2012 Food Assistance Convention. International and Comparative Law Quarterly, 65(1), 99-137. https://doi.org/10.1017/S0020589315000500

On 25 April 2012, after years of negotiations delayed by halts and setbacks, the Food Assistance Convention was adopted—the latest in a series of agreements that since 1967 have regulated the international provision of food aid. Great expectations ha... Read More about Food security and the right to food: finding balance in the 2012 Food Assistance Convention.

Exclusion zones in the law of armed conflict at sea: evolution in law and practice (2016)
Journal Article
Sivakumaran, S. (2016). Exclusion zones in the law of armed conflict at sea: evolution in law and practice. International Law Studies, 92,

This article analyses the changes in the law and practice of exclusion zones in the law of armed conflict at sea. It identifies three principal phases. First, it explores the exclusion zones of the Russo-Japanese War of 1904–1905, which were modest i... Read More about Exclusion zones in the law of armed conflict at sea: evolution in law and practice.