Skip to main content

Research Repository

Advanced Search

Outputs (610)

Regulatory Competition in Partnership Law (2009)
Journal Article
Siems, M. (2009). Regulatory Competition in Partnership Law. International and Comparative Law Quarterly, 58(4), 767-802. https://doi.org/10.1017/s0020589309001390

Regulatory competition in company law has been extensively debated in the last few decades, but it has rarely been discussed whether there could also be regulatory competition in partnership law. This article fills this gap. It addresses the partners... Read More about Regulatory Competition in Partnership Law.

Marginalising human rights: breach of the peace, “kettling”, the Human Rights Act and public protest (2009)
Journal Article
Fenwick, H. (2009). Marginalising human rights: breach of the peace, “kettling”, the Human Rights Act and public protest. Public Law, 2009(4), 737-765

Discusses House of Lords case law on the police's use of the breach of peace doctrine for mass public protests. Considers: (1) R. (on the application of Laporte) v Chief Constable of Gloucestershire on whether the police had the power to arrest in or... Read More about Marginalising human rights: breach of the peace, “kettling”, the Human Rights Act and public protest.

How Do Legal Rules Evolve? Evidence from a Cross-Country Comparison of Shareholder, Creditor and Worker Protection (2009)
Journal Article
Armour, J., Deakin, S., Lele, P., & Siems, M. (2009). How Do Legal Rules Evolve? Evidence from a Cross-Country Comparison of Shareholder, Creditor and Worker Protection. The American Journal of Comparative Law, 57(3), 579-629. https://doi.org/10.5131/ajcl.2008.0017

Much attention has been devoted in recent literature to the claim that a country's "legal origin" may make a difference to its pattern of financial development and more generally to its economic growth path. Proponents of this view assert that the "f... Read More about How Do Legal Rules Evolve? Evidence from a Cross-Country Comparison of Shareholder, Creditor and Worker Protection.

On "Federal" Ground: The European Union as an (Inter)national Phenomenon (2009)
Journal Article
Schütze, R. (2009). On "Federal" Ground: The European Union as an (Inter)national Phenomenon. Common Market Law Review, 46(4), 1069-1105

The emergence of the United States of America in the eighteenth-century triggered a semantic revolution in the federal principle. Federalism became identified with a mixed structure between international and national organisation. However, when this... Read More about On "Federal" Ground: The European Union as an (Inter)national Phenomenon.

Shareholder Protection and Stock Market Development: An Empirical Test of the Legal Origins Hypothesis (2009)
Journal Article
Armour, J., Deakin, S., Sarkar, P., Siems, M., & Singh, A. (2009). Shareholder Protection and Stock Market Development: An Empirical Test of the Legal Origins Hypothesis. Journal of Empirical Legal Studies, 6(2), 343-380. https://doi.org/10.1111/j.1740-1461.2009.01146.x

Using a panel data set covering a range of developed and developing countries, we show that common-law systems were more protective of shareholder interests than civil-law ones in the period 1995–2005. However, civilian systems were catching up, sugg... Read More about Shareholder Protection and Stock Market Development: An Empirical Test of the Legal Origins Hypothesis.

Takeovers and the European Legal Framework: A British Perspective (2009)
Book
Mukwiri, J. (2009). Takeovers and the European Legal Framework: A British Perspective. Routledge-Cavendish

Since the implementation of the European Directive on Takeover Bids, a European common legal framework governs regulation of takeovers in EU Members States. The European Directive on Takeover Bids was adopted in April 2004, and implemented in the UK... Read More about Takeovers and the European Legal Framework: A British Perspective.

Ireland: The Separation of Powers Doctrine vs Human Rights (2009)
Book Chapter
Nolan, A. (2009). Ireland: The Separation of Powers Doctrine vs Human Rights. In M. Langford (Ed.), Social rights jurisprudence : emerging trends in international and comparative law (295-322). Cambridge University Press

The Foundational Role of the Principal of Instrumental Reason in Gewirth’s Argument for the Principle of Generic Consistency: A Response to Andrew Chitty. (2009)
Journal Article
Beyleveld, D., & Bos, G. (2009). The Foundational Role of the Principal of Instrumental Reason in Gewirth’s Argument for the Principle of Generic Consistency: A Response to Andrew Chitty. King's Law Journal, 20(1), 1-20

The legal idealism associated with the 'Sheffield School' rests on Gewirth's argument for the dialectical necessity of the 'PGC,' in which an interim derivation is the dialectically necessity for agents to claim the 'generic rights' for themselves. A... Read More about The Foundational Role of the Principal of Instrumental Reason in Gewirth’s Argument for the Principle of Generic Consistency: A Response to Andrew Chitty..

Case T-256/07, Peoples Mojahedin Organization of Iran v. Council, judgment of the Court of First Instance of 23 October 2008, Case T-284/08, Peoples Mojahedin Organization of Iran v. Council, judgment of the Court of First Instance of 4 December 2008 (2009)
Journal Article
Spaventa, E. (2009). Case T-256/07, Peoples Mojahedin Organization of Iran v. Council, judgment of the Court of First Instance of 23 October 2008, Case T-284/08, Peoples Mojahedin Organization of Iran v. Council, judgment of the Court of First Instance of 4 December 2008. Common Market Law Review, 46(4), 1239-1263

The rulings in the People’s Mojahedin Organization of Iran (PMOI) cases annotated here are part of lengthy litigation brought by the PMOI before national and European courts in order to challenge national and European authorities’ decisions to includ... Read More about Case T-256/07, Peoples Mojahedin Organization of Iran v. Council, judgment of the Court of First Instance of 23 October 2008, Case T-284/08, Peoples Mojahedin Organization of Iran v. Council, judgment of the Court of First Instance of 4 December 2008.

Leaving Keck behind? The free movement of goods after the rulings in Commission v Italy and Mickelsson and Roos (2009)
Journal Article
Spaventa, E. (2009). Leaving Keck behind? The free movement of goods after the rulings in Commission v Italy and Mickelsson and Roos. European law review, 35(6), 914-932

Contrasts the approach taken by the Advocates General and the European Court of Justice in Commission of the European Communities v Italy (C-110/05) and Aklagaren v Mickelsson (C-142/05) regarding the extent to which national rules restricting the us... Read More about Leaving Keck behind? The free movement of goods after the rulings in Commission v Italy and Mickelsson and Roos.

Addressing Economic and Social Rights Violations by Non-State Actors through the Role of the State: A Comparison of Regional Approaches to the 'Obligation to Protect' (2009)
Journal Article
Nolan, A. (2009). Addressing Economic and Social Rights Violations by Non-State Actors through the Role of the State: A Comparison of Regional Approaches to the 'Obligation to Protect'. Human Rights Law Review, 9(2), 225-255. https://doi.org/10.1093/hrlr/ngp007

This article centres on the state's obligation to ensure that third party non-state actors do not interfere with the enjoyment of economic and social rights (ESR) by rights-holders. In it, the author analyses and compares the different ways in which... Read More about Addressing Economic and Social Rights Violations by Non-State Actors through the Role of the State: A Comparison of Regional Approaches to the 'Obligation to Protect'.

The Regulation of Hybrids and Chimeras in the UK (2009)
Book Chapter
Beyleveld, D., Finnegan, T., & Pattinson, S. D. (2009). The Regulation of Hybrids and Chimeras in the UK. In J. Taupitz, & M. Weschka (Eds.), Chimbrids : chimeras and hybrids in comparative European and international research : scientific, ethical, philosophical and legal aspects (603-825). Springer Verlag. https://doi.org/10.1007/978-3-540-93869-9_25

In this report, we will, for the most part, sidestep discussion of how “chimeras” and “hybrids” are to be defined and distinguished, by simply focusing on the UK’s regulation of the activities that CHIMBRIDS has identified as its concern. These are a... Read More about The Regulation of Hybrids and Chimeras in the UK.