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All Outputs (44)

Privacy in the UK, privacy in the US - Can we learn anything from each other? (2013)
Presentation / Conference
Ball, R. (2013, May). Privacy in the UK, privacy in the US - Can we learn anything from each other?. Paper presented at Fifth Northumbria Information Rights Conference: Changing Notions of Privacy, Northern Design Centre, Gateshead, Tyne and Wear

The UK and the US are both common law based countries that have developed distinct approaches to the protection of data and information that is private. In the US a right to privacy was first suggested by Warren and Brandeis in their famous Harvard... Read More about Privacy in the UK, privacy in the US - Can we learn anything from each other?.

Privacy in the UK, privacy in the US: Can we learn anything from each other? (2013)
Presentation / Conference
Ball, R., & Das, O. (2013, May). Privacy in the UK, privacy in the US: Can we learn anything from each other?. Paper presented at The Fifth Northumbria University Information Rights Conference: Changing Notions of Privacy, University of Northumberland, UK

The paper considers the development of the “right to privacy” in the UK and US with the aim of: eliciting the definition and protection of privacy; its challenges; and, determining whether lessons can be learnt for each jurisdiction from one another Read More about Privacy in the UK, privacy in the US: Can we learn anything from each other?.

The counter-terrorism provisions of the protection of freedoms Act 2012: Preventing misuse or a case of smoke and mirrors? (2013)
Journal Article
Cape, E. (2013). The counter-terrorism provisions of the protection of freedoms Act 2012: Preventing misuse or a case of smoke and mirrors?. Criminal Law Review -London-, 2013(4), 385-399

The article examines the provisions of the Protection of Freedoms Act 2012 dealing with the maximum length of detention without trial in terrorism cases, and stop and search under the Terrorism Act 2000. It considers whether the government's objectiv... Read More about The counter-terrorism provisions of the protection of freedoms Act 2012: Preventing misuse or a case of smoke and mirrors?.

Constitutionalisation of rights: Influence of the right to a healthy environment in shaping the governance landscape of Asia (2013)
Presentation / Conference
Razzaque, J. (2013, April). Constitutionalisation of rights: Influence of the right to a healthy environment in shaping the governance landscape of Asia. Paper presented at “Rights in Environmental Governance: Explaining their Emergence, Examining their Effectiveness.”, New Haven, USA

This paper explores the influence of a right based approach on the effectiveness of environmental governance. The discussion focuses on the right to a healthy environment and its impact on the legislative and institutional governance in Asia. It prov... Read More about Constitutionalisation of rights: Influence of the right to a healthy environment in shaping the governance landscape of Asia.

Self-preservation (2013)
Book Chapter
Green, J. A. (2013). Self-preservation. In R. Wolfrum (Ed.), Max Planck Encyclopaedia of Public International Law (128-131). Oxford: Oxford University Press

Will traditional knowledge ever be protected? (2013)
Digital Artefact
Jooste, C. (2013). Will traditional knowledge ever be protected?. [Legal Practice Circular]

A review of the development of the Traditional Knowledge Bill seeking the introduction of legal protection for indigenous cultural expressions and traditional knowledge as forms of intellectual property.

The carrot or the stick: Finding a balance in the regulatory conundrum (2013)
Journal Article
Hillman, H. (2013). The carrot or the stick: Finding a balance in the regulatory conundrum. Financial Regulation International,

The financial crisis has attracted comment from a wide variety of academics; Niall Ferguson is one such example, a historian commenting on a legal issue. Ferguson called for the jailing of bankers in his Reith lecturers for Radio 4 in 2012; such a me... Read More about The carrot or the stick: Finding a balance in the regulatory conundrum.

The "quiet revolution" in criminal defence: How the zealous advocate slipped into the shadow (2013)
Journal Article
Smith, T. (2013). The "quiet revolution" in criminal defence: How the zealous advocate slipped into the shadow. International Journal of the Legal Profession, 20(1), 111-137. https://doi.org/10.1080/09695958.2013.835906

The criminal defence lawyer has been an integral component of adversarial criminal justice in England and Wales for nearly three centuries. However, over the last two decades this essential role has changed substantially, affected by a changing cultu... Read More about The "quiet revolution" in criminal defence: How the zealous advocate slipped into the shadow.

The Law Relating to Financial Crime in the United Kingdom (2013)
Book
Harrison, K., & Ryder, N. (2013). The Law Relating to Financial Crime in the United Kingdom. UK: Ashgate

Outlining the different types of financial crime and its impact, this book is a user-friendly, up-to-date guide to the regulatory processes, systems and legislation which exist in the UK. Each chapter has a similar structure and covers individual fin... Read More about The Law Relating to Financial Crime in the United Kingdom.

Awakening the Lion: Hoe die hofsaak teen Walt Disney gewen is (2013)
Digital Artefact
Jooste, C. (2013). Awakening the Lion: Hoe die hofsaak teen Walt Disney gewen is. [Blog]

A book review of the title 'Awakening the Lion' by Owen Dean, detailing the case against Walt Disney for copyright infringement in the musical work/sound recording Mbube/The Lion Sleeps Tonight. This augmented book review includes research notes and... Read More about Awakening the Lion: Hoe die hofsaak teen Walt Disney gewen is.

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
Hillman, H. (2013). 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?. International Journal of Liability and Scientific Enquiry, 6(1/2/3), 156-167. https://doi.org/10.1504/IJLSE.2013.057757

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?.

A drop in the ocean: Why record breaking fines are ineffective (2013)
Journal Article
Hillman, H. (2013). A drop in the ocean: Why record breaking fines are ineffective. International Journal of Liability and Scientific Enquiry, 6(4), 222-231. https://doi.org/10.1504/IJLSE.2013.060841

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.

Neuroscientific evidence: A criminal justice dream or an adversarial nightmare? (2013)
Journal Article
Johnston, E., & Jasinski, D. (2013). Neuroscientific evidence: A criminal justice dream or an adversarial nightmare?. International Journal of Liability and Scientific Enquiry, 6(4), 193-205. https://doi.org/10.1504/IJLSE.2013.060843

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?.

Rape, Defendant Anonymity and Evidence-Based Policy Making (2013)
Journal Article
Fenton, R. A., Rumney, P. N., Rumney, P., & Fenton, R. A. (2013). Rape, Defendant Anonymity and Evidence-Based Policy Making. Modern Law Review, 76(1), 109-133. https://doi.org/10.1111/1468-2230.12004

In 2010, the Coalition government announced in its Programme for Government, that: 'We will extend anonymity in rape cases to defendants.' The question of anonymity for defendants accused of rape and other sexual offences, has been repeatedly raised... Read More about Rape, Defendant Anonymity and Evidence-Based Policy Making.

The Protection of Freedoms Act 2012: The retention and use of biometric data provisions (2013)
Journal Article
Cape, E. (2013). The Protection of Freedoms Act 2012: The retention and use of biometric data provisions. Criminal Law Review -London-, 2013(1), 23-37

The article examines the retention and use of biometric data provisions of the Protection of Freedoms Act 2012, in the context of the expansion of police powers to take biometric samples, the adverse ECtHR decision in S and Marper v UK, and the New L... Read More about The Protection of Freedoms Act 2012: The retention and use of biometric data provisions.

Town mouse and country mouse: A fable for the twenty-first century (2013)
Journal Article
Pontin, B., & Smith, M. C. (2013). Town mouse and country mouse: A fable for the twenty-first century. Environmental Law and Management, 24(5), 223-224

An editorial article crticially examining an Aarhus Convention Compliance Committee decision concerning wind farms servicing towns and cities at the expense of rural landscapes from the pespectrive of a fable of Aesop.