All Outputs (60)

The law applicable to copyright infringement on the Internet (2016)
Journal Article
Torremans, P. (2016). The law applicable to copyright infringement on the Internet

This article looks at the law applicable to copyright infringement on the Internet. In order to do so we need to look first of all at the rules concerning the applicable law for copyright infringement in general. Here the starting point is the Berne... Read More about The law applicable to copyright infringement on the Internet.

Litigation friends or foes?: representation of 'P' before the Court of Protection (2016)
Journal Article
Ruck Keene, A., Bartlett, P., & Allen, N. (2016). Litigation friends or foes?: representation of 'P' before the Court of Protection. Medical Law Review, 24(3), https://doi.org/10.1093/medlaw/fww016

This paper argues that, properly analysed, the common law and the European Convention on Human Rights (‘ECHR’) march hand in hand with the provisions of the Mental Capacity Act 2005 (‘MCA 2005’) so as to impose a set of requirements on litigation fri... Read More about Litigation friends or foes?: representation of 'P' before the Court of Protection.

The influence of teachings of publicists on the development of international law (2016)
Journal Article
Sivakumaran, S. (2017). The influence of teachings of publicists on the development of international law. International and Comparative Law Quarterly, 66(1), https://doi.org/10.1017/S0020589316000531

This article considers the influence of teachings of publicists on the development of international law. The category of ‘teachings of publicists’ is not a homogeneous one. The article argues that it can be divided into: entities that have been empow... Read More about The influence of teachings of publicists on the development of international law.

Recognition and enforcement of judgments in employment matters in EU private international law (2016)
Journal Article
Grusic, U. (in press). Recognition and enforcement of judgments in employment matters in EU private international law. Journal of Private International Law, 12(3), https://doi.org/10.1080/17441048.2016.1261845

This article deals with the recognition and enforcement of judgments in employment matters in European private international law. After looking into the theoretical underpinnings of the protection of employees by rules of recognition and enforcement... Read More about Recognition and enforcement of judgments in employment matters in EU private international law.

Judicial panel selection in the UK Supreme Court: bigger bench, more authority? (2016)
Book Chapter
Clarry, D., & Sargeant, C. (2016). Judicial panel selection in the UK Supreme Court: bigger bench, more authority?. In D. Clarry (Ed.), UK Supreme Court yearbook. Appellate Press Ltd

European Court of Human Rights: May 2015 to April 2016 (2016)
Journal Article
Mowbray, A. (2016). European Court of Human Rights: May 2015 to April 2016. European Public Law, 22(4),

The development and status of sexual orientation discrimination under international human rights law (2016)
Journal Article
McGoldrick, D. (2016). The development and status of sexual orientation discrimination under international human rights law. Human Rights Law Review, 16(4), 613-668. https://doi.org/10.1093/hrlr/ngw030

This article assesses the development, status and recognition of a prohibition on sexual orientation discrimination as a matter of international human rights law. The State practice examined appears to reveal fundamental divisions on this issue. The... Read More about The development and status of sexual orientation discrimination under international human rights law.

Jurisdiction for cross-border intellectual property infringement cases in Europe (2016)
Journal Article
Torremans, P. (2016). Jurisdiction for cross-border intellectual property infringement cases in Europe. Common Market Law Review, 53(6),

Cross-border infringement of intellectual property rights raises a number of issues. The Internet means that such cases arise ever more frequently. It is against this backdrop that this contribution looks at how the territorial international intellec... Read More about Jurisdiction for cross-border intellectual property infringement cases in Europe.

Personal liability, vicarious liability, non-delegable duties and protecting vulnerable people (2016)
Journal Article
Todd, S. (2016). Personal liability, vicarious liability, non-delegable duties and protecting vulnerable people

Responses to Salduz: procedural tradition, change and the need for effective defence (2016)
Journal Article
Jackson, J. D. (2016). Responses to Salduz: procedural tradition, change and the need for effective defence. Modern Law Review, 79(6), 987-1018. https://doi.org/10.1111/1468-2230.12227

This article examines the responses of national courts to the ECtHR's decision in Salduz v Turkey that suspects be provided with access to a lawyer before they are first interrogated by the police. It argues that harmonious application of human right... Read More about Responses to Salduz: procedural tradition, change and the need for effective defence.

Lawmaking (2016)
Book Chapter
White, N. D. (2016). Lawmaking. In J. K. Cogan, I. Hurd, & I. Johnstone (Eds.), The Oxford Handbook of International Organizations. Oxford University Press

Virtually every important question of public policy today involves an international organization. From trade to intellectual property to health policy and beyond, governments interact with international organizations in almost everything they do. Inc... Read More about Lawmaking.

Affording states a margin of appreciation: comparing the European Court of Human rights and the Inter-American Court of Human Rights (2016)
Book Chapter
McGoldrick, D. (2016). Affording states a margin of appreciation: comparing the European Court of Human rights and the Inter-American Court of Human Rights. In C. M. Buckley, A. Donald, & P. Leach (Eds.), Towards Convergence in International Human Rights Law. Brill

We live in an era of proliferating international legal domains and institutions, not least in the human rights field. For some, normative pluralism within human rights is inevitable, and even desirable. Others view it as a threat to the integrity and... Read More about Affording states a margin of appreciation: comparing the European Court of Human rights and the Inter-American Court of Human Rights.

Children’s rights under regional human rights law: a tale of harmonisation? (2016)
Book Chapter
Nolan, A., & Kilkelly, U. (2016). Children’s rights under regional human rights law: a tale of harmonisation?. In C. M. Buckley, A. Donald, & P. Leach (Eds.), Towards convergence in international human rights law: approaches of regional and international systems. Brill

Determinate and indeterminate sentences of imprisonment in international criminal justice (2016)
Book Chapter
Van Zyl Smit, D. (2016). Determinate and indeterminate sentences of imprisonment in international criminal justice. In R. Mulgrew, & D. Abels (Eds.), Research Handbook on the International Penal System (80-101). Cheltenham: Edward Elgar Publishing

LTDNA evidence on trial (2016)
Journal Article
Roberts, P. (2016). LTDNA evidence on trial. Frontiers in Genetics, 7, Article 180. https://doi.org/10.3389/fgene.2016.00180

Adopting the interpretative/hermeneutical method typical of much legal scholarship, this article considers two sets of issues pertaining to LTDNA profiles as evidence in criminal proceedings. The section titled Expert Evidence as Forensic Epistemic W... Read More about LTDNA evidence on trial.

Space, the final frontier: outdoor access for people living with dementia (2016)
Journal Article
Argyle, E., Dening, T., & Bartlett, P. (in press). Space, the final frontier: outdoor access for people living with dementia. Aging and Mental Health, 21(10), https://doi.org/10.1080/13607863.2016.1222351

Public procurement and access to justice: a legal and empirical study of the UK system (2016)
Journal Article
Arrowsmith, S., & Craven, R. (2016). Public procurement and access to justice: a legal and empirical study of the UK system. Public Procurement Law Review, 6,

This article presents the findings of an empirical study into suppliers’ behaviour in enforcing EU public procurement law in the UK - where there is a low level of procurement litigation – and the factors influencing this. The study indicates that mo... Read More about Public procurement and access to justice: a legal and empirical study of the UK system.

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.

Clinical legal education and experiential learning: looking to the future (2016)
Report
Kemp, V., Munk, T., & Gower, S. (2016). Clinical legal education and experiential learning: looking to the future. University of Manchester, School of Law

The Integrity of Criminal Process (2016)
Book
Roberts, P., Hunter, J., Young, S. N., & Dixon, D. (Eds.). (2016). The Integrity of Criminal Process. Hart Publishing