Recent Submissions

  • Dispensing with the consent of a non-entitled spouse. 

    Anderson, Craig (Sweet and Maxwell http://www.westlaw.co.uk, 2014-09-30)
    ANDERSON, C. 2014. Dispensing with the consent of a non-entitled spouse. Juridical review [online], 3, pages 177-186. Available from: http://www.westlaw.co.uk
    Discusses the right given to a non-owning spouse to occupy the matrimonial home under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and in particular s.7 which allows the court to dispense with the non-owning ...
  • Extinction of leases confusione. 

    Anderson, Craig (Sweet and Maxwell http://westlaw.co.uk, 2015-06-30)
    ANDERSON, C. 2015. Extinction of leases confusione. Juridical review [online], 2, pages 185-214. Available from: http://westlaw.co.uk.
    Investigates whether the Scots law doctrine of confusio, which operates to extinguish an obligation, applies where a landlord acquires a tenant's right under a lease, or vice versa. Considers issues raised by the application ...
  • The continuing tension between human rights and extradition. 

    Arnell, Paul (Sweet and Maxwell http://login.westlaw.co.uk, 2016-12-31)
    ARNELL, P. 2016. The continuing tension between human rights and extradidtion. Scots law times [online], 40, pages 211-214. Available from: http://login.westlaw.co.uk
    Examines the High Court of Justiciary ruling in Dean (Zain Taj) v Lord Advocate refusing leave to appeal a High Court decision to allow an appeal by a British national under the Extradition Act 2003 s.103 against the ...
  • The legality and propriety of the trials of Abu Hamza. 

    Arnell, Paul (University of Bergen https://doi.org/10.15845/bjclcj.v4i2.1066, 2016-12-31)
    ARNELL, P. 2016. The legality and propriety of the trials of Abu Hamza. Bergen journal of criminal law and criminal justice [online], 4(2), pages 196-219. Available from: https://doi.org/10.15845/bjclcj.v4i2.1066
    Abu Hamza is serving a life sentence in an American prison, having been convicted of terrorist offences in 2014. He was previously imprisoned in the United Kingdom. Two central questions arise from his case; whether the ...
  • Perry Mason days may be on way out. 

    Christie, David S. (JOHNSTON PUBLISHING LTD http://www.scotsman.com/news/david-s-christie-perry-mason-days-may-be-on-way-out-1-4034330, 2016-02-18)
    CHRISTIE, D. 2016. Perry Mason days may be on way out. Scotsman [online], 18th Feb 2016. Available from: http://www.scotsman.com/news/david-s-christie-perry-mason-days-may-be-on-way-out-1-4034330
    In this article the author explains why technology is reducing the reliance on traditional courtroom hearings and keeping records digitally means getting to the truth is easier than in Perry Mason's time.
  • Interplay between contract and public law: implications for major construction contracts and transparency. 

    Mante, Joseph; Ndekugri, Issaka
    MANTE, J. and NDEKUGRI, I. [2017]. Interplay between contract and public law: implications for major construction contracts and transparency. Public procurement law review [online], (Accepted).
    The relationship between infrastructure project owners and their contractors is generally governed by contract law. However, where the project owner is a State, there are often additional requirements from public law to ...
  • Arbitrability and public policy: an African perspective. 

    Mante, Joseph (OUP https://doi.org/10.1093/arbint/aiw034, 2016-09-09)
    MANTE, J. 2016. Arbitrability and public policy: an African perspective. Arbitration international [online], Advanced Access. Available from: https://doi.org/10.1093/arbint/aiw034
    Growth in international trade has led to considerable expansion of the scope of matters capable of settlement by arbitration. In spite of sustained scholarly activity on arbitrability, the question of what is arbitrable ...
  • The elephant in the dispute resolution room: problems with tthe definition of arbitration in Scots law. 

    Christie, David S. (Sweet and Maxwell http://westlaw.co.uk, 2016-03-31)
    CHRISTIE, D.S. 2016. The elephant in the dispute resolution room: problems with tthe definition of arbitration in Scots law. Juridical review, 1, pages 27-48. Available from: http://westlaw.co.uk
    Considers the implications of the absence of a precise definition of "arbitration" in Scots law, particularly for distinguishing an "expert determination" from a judicial pronouncement. Examines options for resolving the ...
  • Pushing the boundaries: the impact of the changing nature of the professions in construction law. 

    Christie, David S. (Sweet and Maxwell https://westlaw.co.uk, 2016-10-31)
    CHRISTIE, D.S. 2016. Pushing the boundaries: the impact of the changing nature of the professions in construction law. Construction law journal [online], 32(8), pages 849-860. Available from: http://westlaw.co.uk
    The way in which the role of the professions is understood in society is changing. One of the traditional effects of being a profession was that the relevant group was regarded as having a virtual monopoly over the provision ...
  • Effective end-of-life care planning in Scotland: culture and law. 

    Christie, Sarah
    CHRISTIE, S. [2017]. Effective end-of-life care planning in Scotland: culture and law. Journal of medical law and ethics, (accepted).
    In the context of an ageing population, end-of-life care planning is increasingly important. The law in Scotland does not, as yet, take the active and specific steps to help address this that are evident in other jurisdictions. ...
  • Delivery of goods in the custody of a third party: the role of the custodier. 

    Anderson, Craig
    ANDERSON, C. [2016]. Delivery of goods in the custody of a third party: the role of the custodier. Edinburgh law review, (accepted).
    Delivery, formerly a general requirement in the transfer of ownership of corporeal moveables, is nowadays of much more limited application. Since the coming into force of the Sale of Goods Act 1893 (now the Sale of Goods ...
  • The legal and regulatory framework for the EU's shale gas exploration and production regulating public health and environmental impacts. 

    Tawonezvi, Joseph (Springer https://dx.doi.org/10.1007/s40974-016-0044-5, 201-11-01)
    TAWONEZVI, J. 2016. The legal and regulatory framework for the EU's shale gas exploration and production regulating public health and environmental impacts. Energy, ecology and environment [online], Latest Articles. Available from: https://dx.doi.org/10.1007/s40974-016-0044-5
    Shale gas has now become a major competing source of energy in the international energy mix scenario. In the European Union the 'Fracking' which is the technique of extraction shale gas is facing very strong opposition ...
  • Complementarity or disparity? The UNCITARAL Model Law on International Commercial Arbitration 1985 and English Arbitration Act 1996 Revisited. 

    Faturoti, Bukola (University of Ibadan, 2012-05-08)
    FATUROTI, B. 2012. Complementarity or disparity? the UNICITARAL model law on international commmercial arbitration 1985 and English arbitration act 1996 revisited. University of Ibadan law journal, 12(1).
    Interest in the use of arbitration as a mechanism for resolving commercial disputes has grown tremendously in the last two decades. This growth could be credited to the awareness by national governments and international ...
  • The Criminal Justice and Licensing (Scotland) Act Section 38: The implications of Paterson v Harvie. 

    Sharp, Laura (Sweet and Maxwell, 2016-06-28)
    SHARP, L. 2016. The Criminal Justice and Licensing (Scotland) Act Section 38: The implications of Paterson v Harvie. Juridical review, 2, pages 117-128. Available from: http://westlaw.co.uk
    Examines how the Scottish courts have interpreted the actus reus of the offence of behaving in a threatening or abusive manner, under the Criminal Justice and Licensing (Scotland) Act 2010 s.38, which was introduced after ...
  • Institutionalised ADR and access to justice: the changing faces of the Nigerian judicial system. 

    Faturoti, Bukola (Juta and the Centre for comparative law in Africa, 2014-08-02)
    FATUROTI, B. 2014. Institutionalised ADR and access to justice: the changing faces of the Nigerian judicial system. Journal of comparative law in Africa, 1(1).
    Many legal jurisdictions have come to the realisation of how judicial bureaucracies and rigidity have left many disputants disenchanted about the entire justice system. This article examines the responses of State Governments ...
  • Women's rights in Africa: an examination of African human rights systems in the context of CEDAW and the universalism versus cultural relativism debate. 

    Faturoti, Bukola (Juta, 2016-04-30)
    FATUROTI, B. 2016. Women's rights in Africa: an examination of African human rights systems in the context of CEDAW and the universalism versus cultural relativism debate. Journal of comparative law in Africa, 3(1), pages 149-176.
    Many African women suffer discrimination on the grounds of their gender and other factors, such as religion, customs, age and marital status. They continue to be victims of harmful practices whose perpetrators are never ...
  • Business identity theft under the UDRP and the ACPA: is bad faith always bad for business advertising? 

    Faturoti, Bukola (International Association of IT Lawyers http://jiclt.com/index.php/jiclt/article/view/226/223, 2015-05-01)
    FATUROTI, B. 2015. Business identity theft under the UDRP and the ACPA: is bad faith always bad for business advertising? Journal of international commercial law and technology [online], 10(1), pages 1-12. Available from: http://jiclt.com/index.php/jiclt/article/view/226/223
    Websites have provided a very strong platform for businesses to reach their customers. They surpass the regular billboards by providing portals through which transactions are conducted without any physical contacts between ...
  • The continuing refinement of habitual residence: R, petitioner. 

    Hill, David (Edinburgh University Press http://dx.doi.org/10.3366/elr.2016.0325, 2015-12-31)
    HILL, D. 2015. The continuing refinement of habitual residence: R, petitioner. Edinburgh law review [online], 20(1), pages 82-86. Available from: https://dx.doi.org/10.3366/elr.2016.0325
    The past two years have provided fertile ground for judicial consideration of habitual residence as a factor connecting a person to a specific legal jurisdiction. Since September 2013, the connecting factor has been ...
  • Mountain child: systematic literature review. 

    Audsley, Annie; Wallace, Rebecca M. M.; Price, Martin F. (Springer https://dx.doi.org/10.1007/s10995-016-2051-8, 2016-07-11)
    AUDSLEY, A., WALLACE, R.M.M. and PRICE, M.F. 2016. Mountain child: systematic literature review. Maternal and child health journal [online], 20(12), pages 2415-2423. Available from: https://dx.doi.org/10.1007/s10995-016-2051-8
    Objectives This systematic review identifies and reviews both peer-reviewed and 'grey' literature, across a range of disciplines and from diverse sources, relating to the condition of children living in mountain communities ...
  • Connecting with stakeholders: An investigation into the perspectives of university – educated youths on the barriers to employment and entrepreneurship in Nigeria. 

    Ezeani, Elimma C. (Nigeria Village Square. http://nigeriavillagesquare.com/forum/articles-comments/88940-university-employment-entrepreneurship-research-paper.html, 2015-04-30)
    EZEANI, E. C., 2015. Connecting with stakeholders: An investigation into the perspectives of university – educated youths on the barriers to employment and entrepreneurship in Nigeria. Available from Nigeria Village Square [online]. Available from: http://nigeriavillagesquare.com/forum/articles-comments/88940-university-employment-entrepreneurship-research-paper.html
    There is a gap with identifying what factors educated youths actually perceive as the barriers to their employment or entrepreneurship opportunities. In developing economies in particular, this question is certainly very ...

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