Skip to main content

Research Repository

Advanced Search

Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information (2022)
Journal Article
Brimblecombe, F., & Fenwick, H. (2022). Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information. Northern Ireland Legal Quarterly, 73(1), 26-73. https://doi.org/10.53386/nilq.v73i1.999

Globally, enhanced data protection schemes are being introduced in the face of threats to privacy in the digital era. In England and Wales protection from one such threat – from unconsented-to disclosures of private information online - is covered by... Read More about Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information.

The Death of Law, Another Obituary (2022)
Journal Article
Lucy, W. (2022). The Death of Law, Another Obituary. Cambridge Law Journal, 81(1), 109-138. https://doi.org/10.1017/s0008197321001021

This essay argues that a defining characteristic of modern law – the distinctive way in which it judges its addressees – will disappear. After sketching the distinctive nature of modern law's judgment, I show that it is part of a broader regulatory p... Read More about The Death of Law, Another Obituary.

Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools (2020)
Journal Article
Fenwick, H., & Fenwick, D. (2020). Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools. Public Law, 2020, 661-679

Reflects on whether the Prevent strategy, intended to avoid persons being drawn into terrorism, is chilling expression in schools. Examines Prevent's operation, whether the term "extremism" is over-broad, whether referrals of pupils hinders free spee... Read More about Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools.

"I just don't think it's that natural": Adolescent mothers' constructions of breastfeeding as deviant (2020)
Journal Article
Jamie, K., Hackshaw-McGeagh, L., Bows, H., & O'Neill, R. (2020). "I just don't think it's that natural": Adolescent mothers' constructions of breastfeeding as deviant. Sociology of Health & Illness, 42(7), 1689-1708. https://doi.org/10.1111/1467-9566.13157

Breastfeeding is recognised globally as the optimal method of infant feeding. For Murphy (1999) Sociology of Health & Illness, 21, 187–208 its nutritional superiority positions breastfeeding as a moral imperative where mothers who formula‐feed are op... Read More about "I just don't think it's that natural": Adolescent mothers' constructions of breastfeeding as deviant.

Healthcare Practitioner Relationships, Cultural Health Capital and Breastfeeding Support for Adolescent Mothers (2020)
Journal Article
Jamie, K., O'Neill, R., Bows, H., & Hackshaw-McGeagh, L. (2020). Healthcare Practitioner Relationships, Cultural Health Capital and Breastfeeding Support for Adolescent Mothers. Health Education Journal, 79(8), 901-913. https://doi.org/10.1177/0017896920915945

Objectives: Breastfeeding is the optimal method of infant nutrition. Despite this, rates of breastfeeding in high-income countries are low and mirror wider health inequalities with women from under-served populations being least likely to breastfeed.... Read More about Healthcare Practitioner Relationships, Cultural Health Capital and Breastfeeding Support for Adolescent Mothers.

Access to Justice and the Rule of Law (2020)
Journal Article
Lucy, W. (2020). Access to Justice and the Rule of Law. Oxford Journal of Legal Studies, 40(2), 377-402. https://doi.org/10.1093/ojls/gqaa012

This article examines the often-affirmed link between access to justice (AtoJ) and the rule of law. Section 2 offers an account of what we mean by AtoJ, arguing that the most plausible account of that idea has three components. Section 3 examines the... Read More about Access to Justice and the Rule of Law.

Law's Judgement: a Summary (2019)
Journal Article
Lucy, W. (2019). Law's Judgement: a Summary. Problema anuario de filosofía y teoría del derecho (en línea), 13, 3-8

Law's judgement : some thoughts (2019)
Journal Article
Lucy, W. (2019). Law's judgement : some thoughts. Problema anuario de filosofía y teoría del derecho (en línea), 13, 55-63

Is opacity a value? (2019)
Journal Article
Lucy, W. (2019). Is opacity a value?. Ordines (Catanzaro), V(1), 1-26

‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’ (2019)
Journal Article
Fenwick, H., & Fenwick, D. (2019). ‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’. European Human Rights Law Review, 3, 247-273

Manifestations of prejudice against sexual minorities are currently especially resurgent in certain “Eastern” Council of Europe Member States. This article argues that the current approach at the Strasbourg Court in this context shows tensions betwee... Read More about ‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’.

Protecting free speech and academic freedom in universities (2018)
Journal Article
Cram, I., & Fenwick, H. (2018). Protecting free speech and academic freedom in universities. Modern Law Review, 81(5), 825-873. https://doi.org/10.1111/1468-2230.12366

Restrictions on speaking events in universities have been created both by recent student‐led efforts at ‘no‐platforming’ and by Part 5 of the Counter‐terrorism and Security Act 2015 which placed aspects of the government's Prevent strategy on a statu... Read More about Protecting free speech and academic freedom in universities.

Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically (2017)
Journal Article
Fenwick, H., & Hayward, A. (2017). Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically. European Human Rights Law Review, 2017(6), 544-563

This article interrogates the extent to which the formal recognition and protection of same and different-sex relationships at Strasbourg and in domestic courts has been accepted as attracting human rights protection. In order to do so it considers h... Read More about Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically.

The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality? (2017)
Journal Article
Fenwick, H., & Masterman, R. (2017). The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?. Modern Law Review, 80(6), 1111-1136. https://doi.org/10.1111/1468-2230.12304

The Conservative party has repeatedly pledged to replace the HRA with a British Bill of Rights, with the aim of ‘breaking the link’ between domestic courts and Strasbourg. This article examines the implications of this proposal, the nature of the cur... Read More about The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?.

Terrorism and the control orders/TPIMs saga: a vindication of the Human Rights Act or a manifestation of ‘defensive democracy’? (2017)
Journal Article
Fenwick, H. (2017). Terrorism and the control orders/TPIMs saga: a vindication of the Human Rights Act or a manifestation of ‘defensive democracy’?. Public Law, 609-626

Considers the extent to which control orders and terrorism prevention and investigation measures (TPIMs) can be reconciled with the provisions of the Human Rights Act 1998. Discusses the initial minimising of rights under control orders, the subseque... Read More about Terrorism and the control orders/TPIMs saga: a vindication of the Human Rights Act or a manifestation of ‘defensive democracy’?.

Terrorism threats and temporary exclusion orders: counter-terror rhetoric or reality? (2017)
Journal Article
Fenwick, H. (2017). Terrorism threats and temporary exclusion orders: counter-terror rhetoric or reality?. European Human Rights Law Review, 2017(3), 247-271

Western democracies are currently facing a terrorist threat which comes mainly from their own Salafist-jihadi supporting citizens. In evaluating the threat there is at present a particular focus on nationals who have travelled abroad to support ISIS,... Read More about Terrorism threats and temporary exclusion orders: counter-terror rhetoric or reality?.

Same sex unions at the Strasbourg Court in a divided Europe: driving forward reform or protecting the Court’s authority via consensus analysis? (2016)
Journal Article
Fenwick, H. (2016). Same sex unions at the Strasbourg Court in a divided Europe: driving forward reform or protecting the Court’s authority via consensus analysis?. European Human Rights Law Review, 2016(3), 249-272

This article considers the division in Europe on the matter of recognition and protection of same-sex relationships in the form of registered partnerships or marriage, an issue of especial significance at the present time in a number of Council of Eu... Read More about Same sex unions at the Strasbourg Court in a divided Europe: driving forward reform or protecting the Court’s authority via consensus analysis?.

Integration of pharmacogenetic principles as a core thread in the undergraduate pharmacy curriculum (2016)
Journal Article
Jamie, K., Bows, H., & Gill, J. (2016). Integration of pharmacogenetic principles as a core thread in the undergraduate pharmacy curriculum. Pharmacy education, 16(1), 64-66

Introduction: Pharmacy education needs to focus on pharmacogenetics/pharmacogenomics as a key area in future pharmacy practice. Module Description: A series of science-focused lectures, including one on the ethical, legal and social implications (ELS... Read More about Integration of pharmacogenetic principles as a core thread in the undergraduate pharmacy curriculum.