All Outputs (491)

Keeping control of personal information in the digital age: Efficacy and equivalence of tortious and GDPR/DPA remedial relief? (2022)
Journal Article
Brimblecombe, F., & Fenwick, H. (2022). Keeping control of personal information in the digital age: Efficacy and equivalence of tortious and GDPR/DPA remedial relief?. Law Quarterly Review, 138, 456-480

A global recognition of the threat to the protection of private information online, coming in particular from the big “tech” companies, is currently increasingly apparent. The same concerns, this article will argue, are driving significant legislati... Read More about Keeping control of personal information in the digital age: Efficacy and equivalence of tortious and GDPR/DPA remedial relief?.

Women in refugee law, policy and practice: An introduction to the refugee survey quarterly special issue (2022)
Journal Article
Querton, C., & Dustin, M. (2022). Women in refugee law, policy and practice: An introduction to the refugee survey quarterly special issue. Refugee Survey Quarterly, 41(3), 347-354. https://doi.org/10.1093/rsq/hdac023

As co-founders and conveners of the Women in Refugee Law (WiRL) network, we are delighted to introduce this Special Issue. The contributors are WiRL members who take forward the network's objectives of recentring the study of refugee women by reviewi... Read More about Women in refugee law, policy and practice: An introduction to the refugee survey quarterly special issue.

Non-State actors of protection and the sliding scale of protection for refugee women (2022)
Journal Article
Querton, C. (2022). Non-State actors of protection and the sliding scale of protection for refugee women. Refugee Survey Quarterly, 41(3), 444-471. https://doi.org/10.1093/rsq/hdac020

The article argues that although the gradual recognition of non-State actors as agents of persecution was hailed as a success in ensuring better protection for refugee women at risk of harm from their community or family, the associated development o... Read More about Non-State actors of protection and the sliding scale of protection for refugee women.

Decoration or mutilation? Female genital piercing and the law (2022)
Journal Article
Gaffney-Rhys, R. (2022). Decoration or mutilation? Female genital piercing and the law. Journal of Criminal Law, 86(4), 256-270. https://doi.org/10.1177/00220183221104399

This article assesses the legality of Female Genital Piercing (FGP), which refers to the piercing of female genitalia to adorn it with jewellery, for decoration or sexual enhancement. The position in the UK is uncertain because the World Health Organ... Read More about Decoration or mutilation? Female genital piercing and the law.

The ascent of green crime: Exploring the nexus between the net zero transition and organized crime (2022)
Journal Article
Young, M., & Adkins, D. (2022). The ascent of green crime: Exploring the nexus between the net zero transition and organized crime. Journal of Financial Crime, 29(3), 789-791. https://doi.org/10.1108/JFC-07-2022-277

This editorial highlights a fundamental gap in the existing literature base whereby the climate crisis is largely missing from journals covering all aspects of finance - including those that cover financial crime (for a wider discussion, see Stern, 2... Read More about The ascent of green crime: Exploring the nexus between the net zero transition and organized crime.

Editorial: Sexuality, gender and asylum: Refugees at a crossroads (2022)
Journal Article
Querton, C., Held, N., Dustin, M., Danisi, C., & Ferreira, N. (2022). Editorial: Sexuality, gender and asylum: Refugees at a crossroads. Frontiers in Human Dynamics, 4, Article 930310. https://doi.org/10.3389/fhumd.2022.930310

Human rights have been increasingly recognized irrespective of one's sexual orientation of gender identity (SOGI) at international, regional and domestic levels; however, legal frameworks do not yet tackle violations of such rights effectively. As a... Read More about Editorial: Sexuality, gender and asylum: Refugees at a crossroads.

Legislative sovereignty: Moving from jurisprudence towards metaphysics (2022)
Journal Article
Johnson, M. R. (2022). Legislative sovereignty: Moving from jurisprudence towards metaphysics. Jurisprudence, 11(3), 360-386. https://doi.org/10.1080/20403313.2020.1744990

Legislative sovereignty is often discussed with one eye on the past and one eye on the procedural functions of law-making in the present. This limits the scope for a conceptual understanding of legislative sovereignty and hinders its theoretical prog... Read More about Legislative sovereignty: Moving from jurisprudence towards metaphysics.

Russia’s attack on Ukraine and the jus ad bellum (2022)
Journal Article
Green, J. A., Henderson, C., & Ruys, T. (2022). Russia’s attack on Ukraine and the jus ad bellum. Journal on the Use of Force and International Law, 9(1), 4-30. https://doi.org/10.1080/20531702.2022.2056803

The 24 February 2022 Russian invasion of–or ‘special military operation’ in–Ukraine has sent shock waves across the globe. In this editorial the Editors-in-Chief of JUFIL examine in detail the legal justifications advanced by President Putin for Russ... Read More about Russia’s attack on Ukraine and the jus ad bellum.

Recapturing master recordings (2022)
Journal Article
Keppel-Palmer, M. (2022). Recapturing master recordings. Entertainment Law Review, 33(3), 104-109

Discusses proposals to grant musicians a right to recapture their copyrights in master recordings suggested by the Parliamentary Inquiry on the Economics of Music Streaming (2021). Reviews the US approach, the current UK position, and key difficultie... Read More about Recapturing master recordings.

One step forward, two steps back? Interpreting 'particular social group' in the European Union (2022)
Journal Article
Querton, C. (2022). One step forward, two steps back? Interpreting 'particular social group' in the European Union. International and Comparative Law Quarterly, 71(2), 425 - 451. https://doi.org/10.1017/S0020589322000021

The article tests the claim of feminist scholars that concerns about gender have been marginalised in refugee law, by exploring the interpretation given to the concept of a 'Particular Social Group' set out in the 1951 Refugee Convention. It is argue... Read More about One step forward, two steps back? Interpreting 'particular social group' in the European Union.

The rise of twiplomacy and the making of customary international law on social media (2022)
Journal Article
Green, J. A. (2022). The rise of twiplomacy and the making of customary international law on social media. Chinese Journal of International Law, 21(1), 1-53. https://doi.org/10.1093/chinesejil/jmac007

Social media usage by States has increased exponentially in recent years. This phenomenon, known as "twiplomacy", has become ubiquitous. Given that almost every State in the world now issues statements via social media, this article examines the pote... Read More about The rise of twiplomacy and the making of customary international law on social media.

The practice of pre-trial detention in England & Wales - Changing law and changing culture (2022)
Journal Article
Smith, T. (2022). The practice of pre-trial detention in England & Wales - Changing law and changing culture. European Journal on Criminal Policy and Research, 28, 435–449. https://doi.org/10.1007/s10610-022-09504-y

Pre-trial detention empowers criminal courts to imprison defendants before they have been convicted of an offence. This is a significant power which should be subject to a rigourous decision-making process. A 2016 study of pre-trial detention practic... Read More about The practice of pre-trial detention in England & Wales - Changing law and changing culture.

Released under investigation: High time to bail out (2022)
Journal Article
Sosabowski, M. H., & Johnston, E. (2023). Released under investigation: High time to bail out. Journal of Criminal Law, 87(4), 266-280. https://doi.org/10.1177/00220183221078935

Prior to the Policing and Crime Act 2017, the provision of bail was set out by the Bail Act and refined by the Police and Criminal Evidence Act 1984 (PACE). Bail provisions changed under the Policing and Crime Act 2017, which created a presumption ag... Read More about Released under investigation: High time to bail out.

Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information (2022)
Journal Article
Brimblecombe, F., & Fenwick, H. (2022). Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information. Northern Ireland Legal Quarterly, 73(AD1), 26-73. https://doi.org/10.53386/nilq.v73iAD1.937

Globally, enhanced data protection schemes are being introduced in the face of threats to privacy in the digital era. In England and Wales protection from one such threat – from unconsented-to disclosures of private information online - is covered by... Read More about Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information.

A case of trust‐building in the supply chain: Emerging economies perspective (2022)
Journal Article
Manfredi, E., & Capik, P. (2022). A case of trust‐building in the supply chain: Emerging economies perspective. Strategic Change, 31(1), 147-160. https://doi.org/10.1002/jsc.2488

The paper explores the process of trust-building between SMEs' supply chain partners in turbulent times in emerging economies. It focuses on the role of environmental information exchange in strengthening relationships and improving responsiveness to... Read More about A case of trust‐building in the supply chain: Emerging economies perspective.

Driving openness – the myths about data and software access in the data and cloud policy (2022)
Journal Article
Jooste, C. (2022). Driving openness – the myths about data and software access in the data and cloud policy. South African Journal of Science, 118(112), https://doi.org/10.17159/sajs.2022/12124

Significance: This article responds to the highly controversial recently published Draft National Policy on Data and Cloud and the related stakeholder commentary from a cyberlaw perspective. Selected issues regarding the ownership of scientific data,... Read More about Driving openness – the myths about data and software access in the data and cloud policy.

A right to read object code – software copyright law and the development of a decompilation exception in South Africa (2021)
Journal Article
Jooste, C. (2021). A right to read object code – software copyright law and the development of a decompilation exception in South Africa. South African Intellectual Property Law Journal, 9(1), 35-66. https://doi.org/10.47348/saipl/v9/a3

The opportunity to read and extract knowledge from a lawfully obtained copy of any published work is a cornerstone of copyright law, except in the case of computer programs. This article examines the development of an exception to copyright protectio... Read More about A right to read object code – software copyright law and the development of a decompilation exception in South Africa.

The French 2021 Bill on the fight against climate change and on resilience strengthening in the face of its effects – first overall impressions (2021)
Journal Article
Dadomo, C. (2021). The French 2021 Bill on the fight against climate change and on resilience strengthening in the face of its effects – first overall impressions. Environmental Liability, 26(4),

The 2021 Climate and Resilience Bill: 12 key measures to give a new impetus in the fight against global warming and a double objective to meet France's international commitments and make the planet more habitable for present and future generations.

What are the merits of taking a hybrid regulatory approach towards the enforcement of corporate financial crime in the United Kingdom and United States of America? (2021)
Journal Article
Johnson, D. (2022). What are the merits of taking a hybrid regulatory approach towards the enforcement of corporate financial crime in the United Kingdom and United States of America?. Journal of White Collar and Corporate Crime, 3(1), 23-32. https://doi.org/10.1177/2631309X211050013

This article focusses on the hybrid regulatory approaches used in both the USA and the UK for the enforcement of corporate financial crime. In particular, the article analyses the use of Deferred Prosecution Agreements, which typically impose a finan... Read More about What are the merits of taking a hybrid regulatory approach towards the enforcement of corporate financial crime in the United Kingdom and United States of America?.

What COVID-19 has taught us about social inequities and the urgent need for systemic change (2021)
Journal Article
Wright, T., Sah, R. K., Keys, C., Nanayakkara, G., & Onyejekwe, C. (2022). What COVID-19 has taught us about social inequities and the urgent need for systemic change. Public Health Nursing, 39(1), 344-349. https://doi.org/10.1111/phn.13001

This paper critically comments on the state of affairs in the UK relating to the pandemic and explores how a focus on inequities experienced by marginalized and vulnerable groups is necessary for exposing the material realties of everyday life, but a... Read More about What COVID-19 has taught us about social inequities and the urgent need for systemic change.