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Letter to the editor: Reply to J. J. Child, Crim. L.R. 2010, 12, 924-932 (2010)
Journal Article
Bohlander, M. (2010). Letter to the editor: Reply to J. J. Child, Crim. L.R. 2010, 12, 924-932. Criminal law review, 12, 933-935

Responds to J.J. Child's article in this issue criticising the conclusions reach by the author in his article "The conflict between the Serious Crime Act 2007 and section 1(4)(b) Criminal Attempts Act 1981 - a missed repeal?", (Crim. L.R. 2010, 6, 48... Read More about Letter to the editor: Reply to J. J. Child, Crim. L.R. 2010, 12, 924-932.

The Child as “Democratic Citizen” – Challenging the "Participation Gap" (2010)
Journal Article
Nolan, A. (2010). The Child as “Democratic Citizen” – Challenging the "Participation Gap". Public Law, 767-782

Considers the position of children as democratic citizens, looking at children's participation in the democratic decision-making process. Explains arguments on why political participation matters in terms of the child as a citizen and their participa... Read More about The Child as “Democratic Citizen” – Challenging the "Participation Gap".

New Trends in Religious Liberty and the European Court of Human Rights (2010)
Journal Article
Leigh, I. (2010). New Trends in Religious Liberty and the European Court of Human Rights. Ecclesiastical Law Journal, 12(3), 266-279. https://doi.org/10.1017/s0956618x10000396

This article analyses recent trends in the jurisprudence of the European Court of Human Rights concerned with the right to freedom of thought, belief and religion (Article 9, European Convention on Human Rights) and the right of parents to respect by... Read More about New Trends in Religious Liberty and the European Court of Human Rights.

Open Justice or Open Season? Should the media report the names of suspects and defendants? (2010)
Journal Article
Bohlander, M. (2010). Open Justice or Open Season? Should the media report the names of suspects and defendants?. Journal of Criminal Law, 74(4), 321-338. https://doi.org/10.1350/jcla.2010.74.4.646

The daily news in England and Wales is full of reports about people who have been arrested, arraigned before a court, convicted and sometimes also acquitted, of some heinous crime or other. Most disturbingly, the suspects are named in full with their... Read More about Open Justice or Open Season? Should the media report the names of suspects and defendants?.

Transferred malice and transferred defences: A critique of the traditional doctrine and arguments for a change in paradigm (2010)
Journal Article
Bohlander, M. (2010). Transferred malice and transferred defences: A critique of the traditional doctrine and arguments for a change in paradigm. New Criminal Law Review: An International and Interdisciplinary Journal, 13(3), 555-624. https://doi.org/10.1525/nclr.2010.13.3.555

The aim of this paper is first to focus on analyzing the existing judicial authorities on the matter of transferred malice and the transfer of defenses as well as the academic commentary, firstly within English law and secondly in comparative law res... Read More about Transferred malice and transferred defences: A critique of the traditional doctrine and arguments for a change in paradigm.

The Exclusion of (Failed) Asylum Seekers from Housing and Home: Towards an Oppositional Discourse (2010)
Journal Article
Fox O’Mahony, L., & Sweeney, J. (2010). The Exclusion of (Failed) Asylum Seekers from Housing and Home: Towards an Oppositional Discourse. Journal of Law and Society, 37(2), 285-314. https://doi.org/10.1111/j.1467-6478.2010.00505.x

'Housing'– the practical provision of a roof over one's head – is experienced by users as 'home'– broadly described as housing plus the experiential elements of dwelling. Conversely, being without housing, commonly described as 'homelessness', is exp... Read More about The Exclusion of (Failed) Asylum Seekers from Housing and Home: Towards an Oppositional Discourse.

Defending Moral Precaution as a Solution to the Problem of Other Minds: A Reply to Holm and Coggon (2010)
Journal Article
Pattinson, S. D., & Beyleveld, D. (2010). Defending Moral Precaution as a Solution to the Problem of Other Minds: A Reply to Holm and Coggon. Ratio Juris: An international journal of Jurisprudence and Philosophy of Law, 23(2), 258-273. https://doi.org/10.1111/j.1467-9337.2010.00453.x

This article responds to Holm & Coggon (2009) 22 Ratio Juris 295–309, which criticises a thesis advanced and defended in earlier (joint and sole authored) work . This ‘precautionary thesis’ is re-expressed and developed to show that Holm & Coggon’s c... Read More about Defending Moral Precaution as a Solution to the Problem of Other Minds: A Reply to Holm and Coggon.

Problems of Transferred Malice in Multiple-Actor Scenarios (2010)
Journal Article
Bohlander, M. (2010). Problems of Transferred Malice in Multiple-Actor Scenarios. Journal of Criminal Law, 74(2), 145-162. https://doi.org/10.1350/jcla.2010.74.2.626

Transferred malice is a well-known concept that allows the extension of an offender's intent to a victim or object hit accidentally because the offender missed his intended target. Coupled to this doctrine is the annex doctrine of transferred defence... Read More about Problems of Transferred Malice in Multiple-Actor Scenarios.

Article 2(1) ICESCR and States Parties' Obligations: Whither the Budget? (2010)
Journal Article
Nolan, A., & Dutschke, M. (2010). Article 2(1) ICESCR and States Parties' Obligations: Whither the Budget?. European Human Rights Law Review, 3, 280-289

Analyses the budget-specific obligations imposed by the International Covenant on Economic, Social and Cultural Rights 1966 art.2(1), which requires the relevant State to take steps to the maximum of their available resources in order to realise the... Read More about Article 2(1) ICESCR and States Parties' Obligations: Whither the Budget?.

Recalibrating ECHR rights and the role of the Human Rights Act post 9/11: reasserting international human rights norms in the “war on terror”? (2010)
Journal Article
Fenwick, H. (2010). Recalibrating ECHR rights and the role of the Human Rights Act post 9/11: reasserting international human rights norms in the “war on terror”?. Current Legal Problems, 63(1), 153-234. https://doi.org/10.1093/clp/63.1.153

An Extraordinary Threat Requiring Special Measures’ One of the most notable aspects of the ‘war on terror’ post 9/11 has been the shift from a wholly criminal justice response under the Terrorism Act 2000 to the creation of a parallel preventive syst... Read More about Recalibrating ECHR rights and the role of the Human Rights Act post 9/11: reasserting international human rights norms in the “war on terror”?.

Liberalism, Social Democracy and the Value of Property under the European Convention on Human Rights (2010)
Journal Article
Allen, T. (2010). Liberalism, Social Democracy and the Value of Property under the European Convention on Human Rights. International and Comparative Law Quarterly, 59(4), 1055-1078. https://doi.org/10.1017/s0020589310000448

In most of Europe, expropriation must comply with the standards set under European human rights law. Article 1 of the First Protocol (‘P1-1’) to the European Convention on Human Rights declares that ‘every natural or legal person is entitled to the p... Read More about Liberalism, Social Democracy and the Value of Property under the European Convention on Human Rights.

International Law and the Will of the People in Post-Conflict Rebuilding (2010)
Journal Article
Saul, M. (2010). International Law and the Will of the People in Post-Conflict Rebuilding. Journal of Intervention and Statebuilding, Special Edition, 167-198

To date, in spite of being included in calls for a jus post bellum, little attention has been given to the rationale, scope, or the form that new international legal regulation of post-conflict rebuilding would take. To encourage and structure debate... Read More about International Law and the Will of the People in Post-Conflict Rebuilding.