Recent Submissions

  • 'Splendid, but what does it actually mean?' Good faith and relational contracts in the UK construction industry. 

    Christie, David S.
    CHRISTIE, D. [2018]. 'Splendid, but what does it actually mean?' Good faith and relational contracts in the UK construction industry. Journal of commonwealth law [online], (accepted).
    The most important modern report on the culture of the UK construction industry had, as its aim, the creation of an atmosphere in the industry where, in the words of Lewis Carroll's Dodo: 'Everybody has won and all must ...
  • Environmental protection in the Nigerian oil and gas industry and Jonah Gbemre v Shell PDC Nigeria Limited: let the plunder continue? 

    Faturoti, Bukola; Agbaitoro, Godswill; Onya, Obinna
    FATUROTI, B., AGBAITORO, G. and ONYA, O. [2018]. Environmental protection in the Nigerian oil and gas industry and Jonah Gbemre v Shell PDC Nigeria Limited: let the plunder continue? African journal of international and comparative law [online], (accepted).
    The case of Jonah Gbemre v. Shell Petroleum Development Company of Nigeria Limited made an historic deviation from the usual trend of seeking for monetary compensation by host communities in oil rich regions in Nigeria. ...
  • Just fatherlands? Judging the Shoah in Strasbourg. 

    Lyons, Carole (Hart https://www.bloomsburyprofessional.com/uk/europes-justice-deficit-9781782254836/, 2015-03-26)
    LYONS, C. 2015. Just fatherlands? Judging the Shoah in Strasbourg. In Kochenov,D., de Búrca, G. and Williams, A. (eds.) Europe's justice deficit? Oxford: Hart, pages 381-399. Available from: https://www.bloomsburyprofessional.com/uk/europes-justice-deficit-9781782254836/
    The primary preoccupation of this chapter is an examination of how Europe's highest human rights court works through the enduring effects of the 'moral catastrophe' of the Holocaust. The issue of the role of past inhumanity ...
  • Brexit and the implications for Scotland: a way forward? 

    Lewis, Olayinka (SLS (ORGANISERS), 2017-09-05)
    LEWIS, O. 2017. Brexit and the implications for Scotland: a way forward? Presented at the 108th Society of Legal Scholars annual conference (SLS 2017): the diverse unities of law, 5-8 September 2017, Dublin, Ireland.
    This paper looks at the migration implications of Brexit for Scotland. It will seek to address the migration issues in Scotland and proffer options on a way forward for Scotland and the United Kingdom. The paper will examine ...
  • Advance decisions, dementia and subsequent inconsistent behaviour: a call for greater clarity in the law. 

    Christie, Sarah
    CHRISTIE, S. [2018]. Advance decisions, dementia and subsequent inconsistent behaviour: a call for greater clarity in the law. Journal of medical law and ethics [online], (accepted).
    This paper considers the interpretation of section 25(2)(c) of the Mental Capacity Act 2005, on the relevance of subsequent inconsistent behaviour by the maker of an advance decision. Consideration of the very few cases, ...
  • O Tempora! O Mores! The place of boni mores in dignity discourse. 

    Brown, Jonathan
    BROWN, J. [2018]. O Tempora! O Mores! The place of boni mores in dignity discourse. Cambridge quarterly of healthcare ethics [online], (accepted).
    In an earlier article, I had argued that Common lawyers and bioethicists may find the Romanistic notion of the actio iniuriarum, and the conception of ‘dignity’ which is central to this legal mechanism, instructive in ...
  • Jus quaesitum tertio: a res, not a right? 

    Brown, Jonathan
    BROWN, J. [2018]. Jus quaesitum tertio: a res, not a right? Juridical review, (accepted).
    Until the law was reformed by the Contract (Third Party Rights) (Scotland) Act 2017, the law relating to contractual third party rights, in Scotland, was perceived to be problematic. There were thought to be three main ...
  • What an extradition hearing is and why it matters. 

    Arnell, Paul
    ARNELL, P. [2018]. What an extradition hearing is and why it matters. Juridical review [online], (accepted).
    Extradition is important. It serves vital purposes. The centrepiece of UK extradition is the hearing. It plays the operative role in the rendition of accused and convicted persons from the UK to third states. In light of ...
  • The European Union migration crisis. 

    Borg Barthet, Justin; Lyons, Carole (Edinburgh University Press https://dx.doi.org/10.3366/elr.2016.0346, 2016-04-30)
    BORG-BARTHET, J. and LYONS, C. 2016. The European Union migration crisis. Edinburgh Law Review [online], 20(2), pages 230-235. Available from: https://dx.doi.org/10.3366/elr.2016.0346
    On 9 September 2010 the body of a man who had fallen from a British Airways flight to Heathrow was discovered in a wealthy west-London suburb. It is hard to pinpoint any one precise origin of the migration crisis currently ...
  • Protecting the wrongdoer: civil limitation laws in historical childhood abuse claims. 

    Ross, Hamish
    ROSS, H. [2018]. Protecting the wrongdoer: civil limitation laws in historical childhood abuse claims. International journal of children's rights [online], (accepted).
    This article examines the appropriateness of applying civil limitation and related laws to adult claims in historical child abuse cases, focusing on moral and policy issues attending the use of such laws highlighted in a ...
  • Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem? 

    Brown, Jonathan
    BROWN, J. [2018]. Dignity, body parts and the actio iniuriarum: a novel solution to a common (law) problem? Cambridge quarterly of healthcare ethics [online], (accepted).
    The importance of human 'dignity' in disputes concerning biological material has been recognised, but the term 'dignity' itself is oft decried as a 'hopelessly amorphous', 'vacuous concept' which should be 'discarded as a ...
  • Bad weather absences and employer liability. 

    Middlemiss, Sam (Sweet and Maxwell http://westlaw.co.uk, 2018-06-01)
    MIDDLEMISS, S. 2018. Bad weather absences and employer liability. Scots law times [online], 17, pages 69-71. Available from: http://westlaw.co.uk
    Discusses the liability of employers for disciplinary action taken against employees following absences relating to bad weathers, notably pursuant to government or police advice, or because attending the workplace is not ...
  • Robinson v Chief Constable of West Yorkshire Police: a re-interpretation by the Supreme Court. 

    Arnell, Sarah (Sweet and Maxwell http://westlaw.co.uk, 2018-06-30)
    ARNELL, S. 2018. Robinson v Chief Constable of West Yorkshire Police: a re-interpretation by the Supreme Court. Juridical review [online], 2, pages 128-132. Available from: http://westlaw.co.uk
    The existence of a duty of care is central to the law of negligence. The Supreme Court has taken the opportunity to clarify the position of the police with regard to when they will owe a duty of care and, at the same time, ...
  • The petroleum industries bill; a deficient policy for environmental management in Nigeria's oil and gas sector. 

    Chuks-Ezike, Chukwuemeka (Allied Academies http://www.alliedacademies.org/environmental-risk-assessment-and-remediation/archive/aaerar-volume-2-issue-2-year-2018.html, 2018-05-18)
    CHUKS-EZIKE, C. 2018. The Petroleum Industries Bill; a deficient policy for environmental management in Nigeria's oil and gas sector. Environmental risk assessment and remediation [online], 2(2), pages 35-39. Available from: http://www.alliedacademies.org/articles/the-petroleum-industries-bill-a-deficient-policy-for-environmental-management-in-nigerias-oil-and-gas-sector-9711.html
    The process for passage of the Petroleum Industries Bill (PIB) of Nigeria, instituted in 2008 was done with the purpose of regulating Nigeria's oil and gas sector. This Bill is therefore, upon passage, expected to repeal ...
  • Deficient legislation sanctioning oil spill in Nigeria: a need for a review of the regulatory component of petroleum laws in Nigeria and the Petroleum Industries Bill. 

    Chuks-Ezike, Chukwuemeka (Science Target https://www.sciencetarget.com/Journal/index.php/IJES/issue/current, 2018-03-06)
    CHUKS-EZIKE, C. [2018]. Deficient legislation sanctioning oil spill in Nigeria: a need for a review of the regulatory component of petroleum laws in Nigeria and the Petroleum Industries Bill. International journal of environment and sustainability [online]: special issue for the 5th Ajman international environment conference (AIEC2018), 6-7 March 2018, Ajman, UAE, (accepted).
    The grave challenges of oil pollution have been over stated in several environmental journals. Similarly, there have been several discourses on the prevailing nature of Nigerian oil spill pollution. Alarmingly, the spills ...
  • Environmental crime liability of the Nigerian government in its oil pollution menace. 

    Chuks-Ezike, Chukwuemeka (Allied Academies http://www.alliedacademies.org/articles/environmental-crime-liability-of-the-nigerian-government-in-its-oil-pollution-menace-9631.html, 2018-05-18)
    CHUKS-EZIKE, C. 2018. Environmental crime liability of the Nigerian government in its oil pollution menace. Environmental risk assessment and remediation [online], 2(2), pages 1-7. Available from: http://www.alliedacademies.org/articles/environmental-crime-liability-of-the-nigerian-government-in-its-oil-pollution-menace-9631.html
    The grave challenges of oil pollution have been over stated in several environmental journals. The liability accruing to such pollutions have also been extensively discussed by several legal scholars. Interestingly, this ...
  • Mutual trust and co-operation under NEC 3&4: a fresh perspective. 

    Mante, Joseph (Sweet and Maxwell http://westlaw.co.uk, 2018-06-30)
    MANTE, J. 2018. Mutual trust and co-operation under NEC 3&4: a fresh perspective. Construction law journal [online], 34(4), pages 231-252. Available from: http://westlaw.co.uk
    Using insights from planning and employment law, this piece looks beyond the conventional connotation of good faith and critically examines the meaning, scope and consequence of the duty to act in a spirit of mutual trust ...
  • The contrasting evolution of the right to a fair trial in UK extradition law. 

    Arnell, Paul (Taylor and Francis https://doi.org/10.1080/13642987.2018.1485655, 2018-06-22)
    ARNELL, P. 2018. The contrasting evolution of the right to a fair trial in UK extradition law. International journal of human rights [online], 22(7), pages 869-887. Available from: https://doi.org/10.1080/13642987.2018.1485655
    Extradition is a process whereby accused and convicted persons are lawfully transferred across borders from one territory to another. It is unquestionably important. It serves material public purposes. Lord Thomas in Polish ...
  • Extradition in the sheriff court. 

    Arnell, Paul (Sweet and Maxwell https://login.westlaw.co.uk/, 2018-03-23)
    ARNELL, P. 2018. Extradition in the sheriff court. Scots law times [online], 10, pages 33-35. Available from: https://login.westlaw.co.uk/
    Examines recent developments in respect of extradition practice, focusing on the Sheriff Court decisions in: Lord Advocate v SN, involving a person suffering from dementia; Lord Advocate v Shapovalov, involving the ...
  • Res religiosae and the Roman roots of the crime of violation of sepulchres. 

    Brown, Jonathan (Edinburgh University Press https://doi.org/10.3366/elr.2018.0503, 2018-09-25)
    BROWN, J. 2018. Res religiosae and the Roman roots of the crime of violation of sepulchres. Edinburgh law review [online], 22(3), pages 347-367. Available from: https://doi.org/10.3366/elr.2018.0503
    Violation of sepulchres is a common law crime in Scotland. This crime ensures that interred human corpses are not subject to the ordinary laws of property, but are instead protected under this distinct heading of law. While ...

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