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All Outputs (14)

Due diligence obligations of conduct: developing a responsibility regime for PMSCs (2012)
Journal Article
White, N. D. (2012). Due diligence obligations of conduct: developing a responsibility regime for PMSCs. Criminal Justice Ethics, 31(3), https://doi.org/10.1080/0731129X.2012.738975

As non-state actors, PMSCs are not embraced by traditional state-dominated doctrines of international law. However, international law has itself failed to keep pace with the evolution of states and state-based actors, to which strong Westphalian noti... Read More about Due diligence obligations of conduct: developing a responsibility regime for PMSCs.

Bridewell Legal Advice Study (BLAST): an innovation in police station legal advice: interim report (2012)
Report
Kemp, V. (2012). Bridewell Legal Advice Study (BLAST): an innovation in police station legal advice: interim report

The Bridewell Legal Advice Study (BLAST) was an innovative project which attempted to help improve access to legal advice by basing duty solicitors in a large city centre police station. It had been intended that the project would run over a three mo... Read More about Bridewell Legal Advice Study (BLAST): an innovation in police station legal advice: interim report.

Re-thinking Herczegfalvy: the ECHR and the control of psychiatric treatment (2012)
Book Chapter
Bartlett, P. (2012). Re-thinking Herczegfalvy: the ECHR and the control of psychiatric treatment. In E. Brems (Ed.), Diversity and human rights: rewriting judgments of the ECHR (352-381). Cambridge University Press

This chapter forms part of a E Brems (ed.), Diversity and Human Rights: Rewriting Judgments of the ECHR (Cambridge: CUP, forthcoming 2013), in which lawyers and academics re-write judgments of the ECHR in a number of human rights areas. This cha... Read More about Re-thinking Herczegfalvy: the ECHR and the control of psychiatric treatment.

Whose time is it anyway?: factors associated with duration in police custody (2012)
Journal Article
Kemp, V., Balmer, N. J., & Pleasence, P. (2012). Whose time is it anyway?: factors associated with duration in police custody. Criminal Law Review, 10,

This study is based on a statistical analysis of police custody records. We earlier examined the take-up of legal advice and now turn our attention to the time people spend in police custody. We find that the average time people are detained seems to... Read More about Whose time is it anyway?: factors associated with duration in police custody.

The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law (2012)
Journal Article
Bartlett, P. (2012). The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law. Modern Law Review, 75(5), https://doi.org/10.1111/j.1468-2230.2012.00923.x

The United Nations Convention on the Rights of Persons with Disability (CRPD) took effect in 2008. This paper discusses a number of flashpoints where the CRPD will require real and significant reconsideration of English mental health and mental capa... Read More about The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law.

A mental disorder of a kind or degree warranting confinement: examining justifications for psychiatric detention (2012)
Journal Article
Bartlett, P. (2012). A mental disorder of a kind or degree warranting confinement: examining justifications for psychiatric detention. International Journal of Human Rights, 16(6), https://doi.org/10.1080/13642987.2012.706008

It has long been the case in jurisprudence under the European Convention on Human Rights that mental disorder must be of a certain severity in order to justify detention, but there has been little meaningful debate as to what that means. The questio... Read More about A mental disorder of a kind or degree warranting confinement: examining justifications for psychiatric detention.

The truth, the half-truth, and nothing like the truth: reconceptualizing false allegations of rape (2012)
Journal Article
Saunders, C. L. (2012). The truth, the half-truth, and nothing like the truth: reconceptualizing false allegations of rape. British Journal of Criminology, 52(6), https://doi.org/10.1093/bjc/azs036

There is a longstanding dispute between criminal justice professionals on the one hand and researchers and commentators on the other regarding the prevalence of false allegations of rape. Prevalence, however, is contingent upon definition. If the var... Read More about The truth, the half-truth, and nothing like the truth: reconceptualizing false allegations of rape.

‘Appropriate’ medical treatment: what’s in a word? (2012)
Journal Article
Phull, J., & Bartlett, P. (2012). ‘Appropriate’ medical treatment: what’s in a word?. Medicine, Science and the Law, https://doi.org/10.1258/msl.2011.011023

Following the amendments in the 2007 Act, there were several revisions made focusing largely on community treatment orders and deprivation of liberty of persons lacking capacity. One of the amendments included a requirement that ‘appropriate treatmen... Read More about ‘Appropriate’ medical treatment: what’s in a word?.

Jurisdiction in employment matters under Brussels I: a reassessment (2012)
Journal Article
Grušic, U. (2012). Jurisdiction in employment matters under Brussels I: a reassessment. International and Comparative Law Quarterly, 61(1), https://doi.org/10.1017/S0020589311000583

This article examines the rules of jurisdiction in employment matters of Brussels I. It focuses on a paradox in that these rules aim to protect employees jurisdictionally, but in fact fail to accord employees a more favourable treatment when they nee... Read More about Jurisdiction in employment matters under Brussels I: a reassessment.

The European Union and copyright (2012)
Book Chapter
Derclaye, E., Smulders, B., & Cohen Jehoram, H. (2012). The European Union and copyright. In P. Geller (Ed.), International copyright law and practice. LexisNexis

Le droit d'auteur et le droit sui generis sur les bases de données: quinze ans plus tard: un succès ou un échec? (2012)
Journal Article
Derclaye, E. (2012). Le droit d'auteur et le droit sui generis sur les bases de données: quinze ans plus tard: un succès ou un échec?

La directive harmonisant le droit d’auteur sur les bases de données et créant un nouveau droit (le droit sui generis) fut adoptée en 1996 et transposée dans les Etats Membres de l’Union Européenne en 1998. Cet article évalue quinze plus tard si elle... Read More about Le droit d'auteur et le droit sui generis sur les bases de données: quinze ans plus tard: un succès ou un échec?.

Eudemonic intellectual property: patents and related rights as engines of happiness, peace, and sustainability (2012)
Journal Article
Derclaye, E. (2012). Eudemonic intellectual property: patents and related rights as engines of happiness, peace, and sustainability

The predominant justification for most intellectual property rights is the incentive theory or utilitarian rationale. Behind this justification lies the Western idea of progress and its derivatives: liberalism, capitalism, and consumerism. After havi... Read More about Eudemonic intellectual property: patents and related rights as engines of happiness, peace, and sustainability.