Recent Submissions

  • Revenge porn and the actio iniuriarum. 

    Brown, Jonathan
    BROWN, J. [2018]. Revenge porn and the actio iniuriarum. Legal stuties [online], (accepted).
    'Revenge porn', as the non-consensual distribution of private sexual images and videos has been termed, is conceptualised as an inextricably modern phenomenon which the law is not appropriately equipped to deal with. The ...
  • Cremation in modern Scotland: history, architecture and the law. 

    Brown, Jonathan (Sweet and Maxwell http://www.westlaw.co.uk, 2017-12-31)
    BROWN, J. 2017. Cremation in modern Scotland: history, architecture and the law. Juridical review [online], 4, pages 287-289. Available from: http://www.westlaw.co.uk
    This is a review of Cremation in modern Scotland, by Jupp, P.C., Davies, D.J., Grainger, H.J., Raeburn, G.D. and White, S.R.G., Edinburgh, Birlinn Ltd, ISBN 978-1-90656-679-1.
  • Theft, property rights and the human body: a Scottish perspective. 

    Brown, Jonathan (Paris Legal Publishers https://www.uitgeverijparis.nl/reader/192681/7695, 2013-04-30)
    BROWN, J. 2013. Theft, property rights and the human body: a Scottish perspective. Journal of medical law and ethics [online], 1(1), pages 43-59. Available from: https://www.uitgeverijparis.nl/reader/192681/7695
    The notion of proprietal rights in human biological material is one which, until recently with the case of Yearworth v. North Bristol NHS Trust [2010] QB 1, the English courts have heavily resisted. Consequently it has ...
  • Scotland and the Abortion Act 1967: historic flaws, contemporary problems. 

    Brown, Jonathan (Sweet and Maxwell http://www.westlaw.co.uk, 2015-06-30)
    BROWN, J. 2015. Scotland and the Abortion Act 1967: historic flaws, contemporary problems. Juridical review [online], 2, pages 135-155. Available from: http://www.westlaw.co.uk
    Examines the unique position of Scots law on abortion prior to, and following, the adoption of the Abortion Act 1967, looking at pre-1967 common law and contemporary case law.
  • Plagium: an archaic and anomalous crime. 

    Brown, Jonathan (Sweet and Maxwell http://www.westlaw.co.uk, 2016-06-30)
    BROWN, J. 2016. Plagium: an archaic and anomalous crime. Juridical review [online], 2, pages 129-146. Available from: http://www.westlaw.co.uk
    Questions, in light of the continued existence of the offence of plagium in Scotland, involving the aggravated theft of pre-pubescent children, whether children are considered as "mere things" under Scots law. Examines the ...
  • Dispute resolution under the FIDIC and NEC Conditions: paradox of philosophies and procedures? 

    Mante, Joseph
    MANTE, J. [2018]. Dispute resolution under the FIDIC and NEC Conditions: paradox of philosophies and procedures? International construction law review [online], (accepted).
    A careful reader of the philosophical underpinnings and the dispute resolution frameworks of the FIDIC and NEC Conditions of Contract will likely be baffled by the paradoxical relationship between the underpinning ethos ...
  • 'Another nice mess you've gotten me into': employers' liability for workplace banter. 

    Middlemiss, Sam (Emerald https://doi.org/10.1108/IJLMA-07-2016-0063, 2017-11-13)
    MIDDLEMISS, S. 2017. 'Another nice mess you've gotten me into': employers' liability for workplace banter. International journal of law and management [online], 59(6), pages 916-938. Available from: https://doi.org/10.1108/IJLMA-07-2016-0063
    Banter has been defined in the Oxford Dictionary as 'the playful and friendly exchange of playful remarks.' This suggests that it is a form of dialogue or conversation that is; welcome, non-threatening and appreciated by ...
  • Private international law. 

    Hill, David (Edinburgh University Press https://edinburghuniversitypress.com/book-private-international-law.html, 2014-10-31)
    HILL, D. 2014. Private international law. Edinburgh: Edinburgh University Press.
    Your guide to the conflicts and harmonies between private international law and UK and Scots law EU law has greatly influenced national law in Scotland, the UK and the rest of Europe. As a result, private international law ...
  • Removing oil subsidies in Nigeria: between necessity and false economy. 

    EZEANI, E.C. (OUP https://doi.org/10.1093/jwelb/jwu018, 2014-05-29)
    EZEANI, E.C. 2015. Removing oil subsidies in Nigeria: between necessity and false economy. Journal of world energy law and business [online], 7(4), pages 364-389. Available from: https://doi.org/10.1093/jwelb/jwu018
    The rising costs of oil products on the global market and increasing dependency on fossil fuels have become a concern for both governments and international bodies. Aside from calls to governments to move towards alternatives ...
  • Patents and the Trans-Pacifica Partnership: how TPP-style intellectual property standards may exacerbate the access to medicines problems in the East African community. 

    Owoeye, Olasupo; Olatunji, Olugbenga; Faturoti, Bukola (Taylor and Francis https://doi.org/10.1080/08853908.2017.1386143, 2017-10-31)
    OWOEYE, O., OLATUNJI, O. and FATUROTI, B. 2017. Patents and the Trans-Pacifica Partnership: how TPP-style intellectual property standards may exacerbate the access to medicines problems in the East African community. International trade journal [online], Latest Articles. Available from: https://doi.org/10.1080/08853908.2017.1386143
    Least developed countries (LDCs) generally enjoy some exemptions under the WTO TRIPS Agreement. Despite these exemptions, patents continue to pose a major challenge to access to affordable medicines in the East African ...
  • Using corporate tax regimes to promote economic growth and development: a legal analysis of the Nigerian corporate tax regime. 

    Onyejekwe, Chisa (Robert Gordon University Law School, 2017-01-01)
    ONYEJEKWE, N.C. 2017. Using corporate tax regimes to promote economic growth and development: a legal analysis of the Nigerian corporate tax regime. Robert Gordon University, PhD thesis.
    The recession that started in the late 2000s has created significant economic and financial challenges globally and within nation states. In particular, oil-producing countries have been further affected by the fall in oil ...
  • The wheels of justice in extradition. 

    Arnell, Paul (Sweet and Maxwell http://login.westlaw.co.uk, 2017-07-01)
    ARNELL, P. 2017. The wheels of justice in extradition. Scots law times [online], 26, pages 143-146. Available from: http://login.westlaw.co.uk
    Reports on recent extradition cases, namely: Dean (Zain Taj) v Lord Advocate (SC) on whether the extradition of a UK citizen to Taiwan to serve a custodial sentence would give rise to a breach of his rights under ECHR art.3 ...
  • Re-importing the concept of 'authorisation' of copyright infringement to Nigeria from the UK and Australia. 

    Faturoti, Bukola (Taylor and Francis https://doi.org/10.1080/13600869.2017.1275115, 2017-02-22)
    FATUROTI, B. 2017. Re-importing the concept of 'authorisation' of copyright infringement to Nigeria from the UK and Australia. International review of law, computers and technology [online], 31(1), pages 4-25. Available from: https://doi.org/10.1080/13600869.2017.1275115
    The concept of 'authorisation' was one of the innovations under the (Imperial) Copyright Act of 1911. The concept, which has found its way into many common law countries jurisprudence, has been very crucial in imposing ...
  • The difference in how UAE and EW law controls Gharar (risk) and so Riba in a construction contract in the Emirate of Dubai, UAE. 

    Crawley, Shaun Edward (Robert Gordon University The Law School, 2017-02-01)
    CRAWLEY, S.E. 2017. The difference in how UAE and EW law controls Gharar (risk) and so Riba in a construction contract in the Emirate of Dubai, UAE. Robert Gordon University, PhD thesis.
    This research critically analyses and compares how the United Arab Emirates (UAE)1 Law and English and Welsh (EW) Law regulates obligations in a contract, for a thing that is to come into existence in the future, namely a ...
  • Collateral commentaries: construction law and the Contract (Third Party Rights) (Scotland) Bill. 

    Christie, David S. (Sweet and Maxwell http://westlaw.co.uk, 2017-09-30)
    CHRISTIE, D. 2017. Collateral commentaries: construction law and the Contract (Third Party Rights) (Scotland) Bill. Juridical review, 3, pages 195-202. Available from: http://westlaw.co.uk
    Contracts create binding legal relationships between the parties to that contract. In Scotland and England, those who are not parties to a contract - 'third parties' - only gain rights in restricted circumstances. The ...
  • Bereaved relatives' experiences in relation to post mortem: a qualitative exploration in North East Scotland. 

    Stephen, Audrey I.; Sheach Leith, Valerie; Macduff, Colin; Christie, Sarah (Taylor and Francis https://doi.org/10.1080/02682621.2015.1108547, 2016-01-06)
    STEPHEN, A., SHEACH LEITH, V., MACDUFF, C. and CHRISTIE, S. 2015. Bereaved relatives' experiences in relation to post mortem: a qualitative exploration in North East Scotland. Bereavement care [online], 34(3), pages 103-109. Available from: https://doi.org/10.1080/02682621.2015.1108547
    When a family is grieving the loss of a member the consideration of post mortem is an additional concern. This study set out to explore how relatives are supported to give authorisation and throughout the post mortem ...
  • The new crimes of bribery in Scotland. 

    Arnell, Paul (SCOTTISH LAW AGENTS SOCIETY, 2010-06-30)
    ARNELL, P. 2010. The new crimes of bribery in Scotland. Scottish law gazette, 78(2), pages 42-45.
    Introduction The Bribery Act 2010, enacted in the wash-up prior to the dissolution of Parliament, will completely change in the Scots law ...
  • Whistle-blowing and the equality dimension of victimisation in the workplace. 

    Middlemiss, Sam (SAGE https://doi.org/10.1177/1358229117712586, 2017-06-16)
    MIDDLEMISS, S. 2017. Whistle-blowing and the equality dimension of victimisation in the workplace. International journal of discrimination and the law [online], 17(2), pages 137-156. Available from: https://doi.org/10.1177/1358229117712586
    A considerable amount of attention has been given to the general law of victimisation under the Equality Act 2010 but scant consideration has been given to the equality aspect of victimisation relating to whistle-blowing ...
  • Cicero's law: rethinking roman law of the late republic. 

    Anderson, Craig (Edinburgh University Press https://doi.org/10.3366/elr.2017.0428, 2017-05-01)
    ANDERSON, C. 2017. Cicero's law: rethinking Roman law of the late republic. Edinburgh law review [online], 21(2), pages 308-310. Available from: https://doi.org/10.3366/elr.2017.0428
    Book review of Du Plessi, P (ed) Cicero's law: rethinking Roman law of the late republic. Edinburgh: Edinburgh University Press. ISBN 978147448820.
  • How can the use of 'mutual trust and cooperation' in the NEC 3 suite of contracts help collaboration? 

    Christie, David S. (Informa Business Intelligence https://www.i-law.com/ilaw/doc/view.htm?id=376379, 2017-06-30)
    CHRISTIE, D. 2017. How can the use of 'mutual trust and cooperation' in the NEC 3 suite of contracts help collaboration? International construction law review [online], 34(2), pages 93-112. Available from: https://www.i-law.com
    The NEC 3 standard form of construction contract aims to promote collaboration. It hinges on the use of a particular phrase 'mutual trust and understanding' which is largely undefined. Linking that to notions of good faith ...

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