School of Law: Recent submissions
Now showing items 501-520 of 1297
-
Are there Asian diasporic laws in Britain? Reconsidering the presuppositions of legal pluralism
(Il Mulino publishing house, 2020-06-08)The concept of ‘Asian laws in Britain’ was proposed in the 1990s by a leading scholar of South Asian laws, Werner Menski, within the larger framework of legal pluralism. This article explores the reasons why it might be ... -
What does Europe do about Fair Competition in International Air Transport? A Critique of Recent Actions
(Kluwer Law International, 2020-05)The States’ perception of what constitutes fair competition in internationalairtransporthasevolvedfromaquidproquoapproachintheera of airline regulation to a laissez-faire approach in the era of airline de-regulation. ... -
International Commercial Surrogacy as a New Head of Tortious Damage: XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832.
(2020-02-01)In XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832, the Court of Appeal recognised commercial surrogacy in California as a permissible head of damage in a case of negligently inflicted infertility. Due to changing ... -
Data(base) Rights? – Misappropriation, Property, and Tales of Trials and Tribulations
(Edward Elgar, 2020)-- -
Child Rights in Europe
(Council of Europe, 2007) -
An Autonomous EU Functionality Doctrine for Shape Exclusions
Exclusionary subject matter are often underpinned by public interest considerations. In the case of shapes of products, the Court of Justice of the European Union has aligned the interpretation of the relevant exclusionary ... -
On violence- revolution and the self
(2020-06-25) -
Time, Temporality and Legal Judgment
(Routledge, 2020-07-01)The reasons why a group of activists in 2011 were acquitted of causing up to £180,000 of damage in an arms factory is a question of how courts produce ‘pasts and futures’- or adjudicative temporalities- in its determination ... -
Weaponising Citizenship in China: Domestic Exclusion and Transnational Expansion
This paper offers a critical and historical analysis of the transformation of citizenship in China in a way that challenges both legal orientalism and the overall discourse on Chinese ‘characteristics’ and ‘exceptionalism’. ... -
Mutual (Dis-)Trust in EU Migration and Asylum Law: The Exceptionalisation of Fundamental Rights
(Cambridge University Press, 2021-08-06)This chapter deals with the functioning of ‘mutual trust’ as the organising principle of mechanisms of (implicit) mutual recognition in the fields of migration and asylum within the AFSJ, looking both at rights-conferring ... -
Justice as Justifiability: Mandatory Minimum Sentences, Section 12, and Deliberative Democracy
Mandatory minimum sentences present a host of issues for criminal law and policy. The most fundamental of these is that they preclude judges from delivering just sentences in light of case-specific factors. In Canada, the ... -
Complexity Theory and Law: Mapping an Emergent Jurisprudence
(2019-10-30)