All Outputs (436)

Neuroscientific evidence: A criminal justice dream or an adversarial nightmare? (2013)
Journal Article

This exploratory paper seeks to examine the use of neuroscientific evidence in the criminal trial process. Such evidence is not currently employed in the pre-trial or trial stages in England and Wales. However, the first use of polygraph lie detector... Read More about Neuroscientific evidence: A criminal justice dream or an adversarial nightmare?.

A drop in the ocean: Why record breaking fines are ineffective (2013)
Journal Article

In the continuing fallout from the LIBOR scandal, this paper seeks to compare the responses of the UK and the USA. Additionally, the potential for future action is discussed, assessing the options for each jurisdiction. The well documented fines are... Read More about A drop in the ocean: Why record breaking fines are ineffective.

Showing they care, but about what? Does corporate social responsibility show companies have a nice side or that they are merely adapting to suit their environment? (2013)
Journal Article

This paper takes Unilever as an example of a multi-national corporation (MNC) and considers the environment it exists within. Specific attention is paid to the concept of corporate social responsibility (CSR); a definition is sought and reasons for i... Read More about Showing they care, but about what? Does corporate social responsibility show companies have a nice side or that they are merely adapting to suit their environment?.

Human Dignity in the EU Charter of Fundamental Rights and its Interpretation Before the European Court of Justice (2012)
Journal Article

This article argues that the EU Charter's dignity provisions must be given a specific, expansive European meaning that underpins the importance the EU places on fundamental rights protection as a principle EU value. To this end, the article examines... Read More about Human Dignity in the EU Charter of Fundamental Rights and its Interpretation Before the European Court of Justice.

India’s status as a nuclear weapons power under customary international law (2012)
Journal Article

Human Dignity and Socio-Economic Rights (2012)
Journal Article

The South African Constitution numbers among a very few constitutions around the world which include justiciable socio-economic rights. One of the controversies surrounding judicial enforcement of such rights is the extent to which it is appropriate... Read More about Human Dignity and Socio-Economic Rights.

Nuisance Law and the Industrial Revolution: A Reinterpretation of Doctrine and Institutional Competence (2012)
Journal Article

Contrary to the leading studies of Brenner and McLaren, it is argued that nuisance law was consistently a robust constraint on polluting industrial enterprise during the industrial revolution. The defining nuisances of industrialisation were 'inter-n... Read More about Nuisance Law and the Industrial Revolution: A Reinterpretation of Doctrine and Institutional Competence.

Good verdict, dreadful damages: Intellectual property (2012)
Journal Article

Hero worship? (2012)
Journal Article

Treaties/conventions (2012)
Journal Article

Treaties are one of the main sources of public international law as outlined by art.38 of the Statute of
the International Court of Justice. Treaties are essentially agreements between States (generally in
written form), which cover a myriad of iss... Read More about Treaties/conventions.

Form over function (2012)
Journal Article

This article is a critical analysis of two recent cases (in the Court of Justice of the European Union and the High Court of England and Wales) addressing the copyright protection of computer programs with a focus on the underlying functionality and... Read More about Form over function.

The revolutionary effect of equality and human rights law on the UK armed forces (2012)
Journal Article

The UK armed forces have undergone an incremental transformation through the impact of civilian law since the 1960s. Gerry Rubin in a 2002 article for this journal analysed the impact of this civilian law on Military Law and described a course of civ... Read More about The revolutionary effect of equality and human rights law on the UK armed forces.

Human trafficking in the UK: A focus on children (2012)
Journal Article

Human trafficking is on the rise. Whether for sexual exploitation or forced labour, women, men and children are being trafficked to and inside the UK. In July 2011 the
new UK strategy on human trafficking was published by the Home Office. It promise... Read More about Human trafficking in the UK: A focus on children.

Unacknowledged and unwanted? Environmental refugees in search of legal status (2012)
Journal Article

Environmental displacement is a global phenomenon affecting millions of people. Due to climate change and the corresponding sea-level rise, it is estimated that about eight million of indigenous people of Pacific Islands will be forced to settle else... Read More about Unacknowledged and unwanted? Environmental refugees in search of legal status.

Are there lessons to be learned from a more scientific approach to mental condition defences? (2012)
Journal Article

The timing of the English Law Commission's consideration of reform to the law of insanity coincides with increasing scientific and in particular neuroscientific understanding of the brain. The work of researchers is leading to a greater comprehension... Read More about Are there lessons to be learned from a more scientific approach to mental condition defences?.

The EU and Russia energy trade – thickening of legality and solidarity? (2012)
Journal Article

This paper critically examines the evolution of the energy trade and relations between the EU and Russia. In doing so, the authors evaluate whether the existing legal framework of the EU-Russia energy relations provides a reliable energy supply from... Read More about The EU and Russia energy trade – thickening of legality and solidarity?.

Half the bank, half the risk part 2: The United Kingdom (2012)
Journal Article

This two-part article assesses the 2007/08 financial crisis: explaining how a speculative bubble began, grew and eventually burst; comparing it to the Great Crash of 1929; and assessing the possibility and practicality of a split between commercial a... Read More about Half the bank, half the risk part 2: The United Kingdom.

Human versus inalienable rights: Is there still a future for online protest in the anonymous world? (2012)
Journal Article

The protection of legitimate political protest is one of the hallmarks of a functional liberal democracy.
Certainly, there is increasing legal debate about the parameters of what constitutes legitimate protest and the
appropriate scope of police po... Read More about Human versus inalienable rights: Is there still a future for online protest in the anonymous world?.

Zealous Advocates: The historical foundations of the adversarial criminal defence lawyer (2012)
Journal Article

The place of the criminal defence lawyer in the modern criminal justice system is a given; everysuspect and defendant expects full representation as a right. However, the defence lawyer appeared surprisingly late in the long and venerable history of... Read More about Zealous Advocates: The historical foundations of the adversarial criminal defence lawyer.

The threat of force as an action in self-defense under international law (2011)
Journal Article

Self-defense is a universally accepted exception to the prohibition of the use of force in international law, and it has been subjected to careful academic scrutiny. The prohibition of the threat of force, although equally important in terms of its... Read More about The threat of force as an action in self-defense under international law.