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Outputs (22)

The Future of Civil Partnerships (2015)
Presentation / Conference Contribution
Hayward, A. (2015, December). The Future of Civil Partnerships. Paper presented at The Society of Legal Scholars Annual Conference, York Law School, United Kingdom

Towards a Concept of Family Property in England and Wales (2015)
Presentation / Conference Contribution
Hayward, A. (2015, December). Towards a Concept of Family Property in England and Wales. Paper presented at Centre for Private Law Seminar Series, Universitat Pompeu Fabra, Barcelona, Spain

Cohabitants, detriment and the potential of proprietary estoppel: Southwell v Blackburn [2014] EWCA Civ 1347 (2015)
Journal Article
Hayward, A. (2015). Cohabitants, detriment and the potential of proprietary estoppel: Southwell v Blackburn [2014] EWCA Civ 1347. Child and family law quarterly, 27(3), 303-320

This commentary critiques the Court of Appeal decision of Southwell v Blackburn that involved a successful proprietary estoppel claim by a former cohabitant. It will argue that although the decision appears in some respects inconsistent with previous... Read More about Cohabitants, detriment and the potential of proprietary estoppel: Southwell v Blackburn [2014] EWCA Civ 1347.

The enigma of 21st century corporate restructuring: successes and failures (ten-step best-practice framework) (2015)
Journal Article
Ashby, L. (2015). The enigma of 21st century corporate restructuring: successes and failures (ten-step best-practice framework). Insolvency and restructuring international, 9(2), 9-16

The focus of this article is two-fold: first, it briefly probes the relevance of corporate restructuring both in periods of solvency and insolvency; second, it explores challenges faced in 21st century corporate restructuring by means of a case study... Read More about The enigma of 21st century corporate restructuring: successes and failures (ten-step best-practice framework).

Luck, Justice and Systemic Financial Risk (2015)
Journal Article
Linarelli, J. (2017). Luck, Justice and Systemic Financial Risk. Journal of Applied Philosophy, 34(3), 331-352. https://doi.org/10.1111/japp.12148

Systemic financial risk is one of the most significant collective action problems facing societies. The Great Recession brought attention to a tragedy of the commons in capital markets, in which market participants, from the first-time homebuyer to W... Read More about Luck, Justice and Systemic Financial Risk.

Policy Paper: The Place of Northern Ireland within UK Human Rights Reform (2015)
Preprint / Working Paper
Murray, C. R., O'Donoghue, A., & Warwick, B. T. Policy Paper: The Place of Northern Ireland within UK Human Rights Reform

Considerable speculation has surrounded the impact of the Good Friday Agreement’s provisions on human rights upon the Conservative Government’s proposals for repeal of the Human Rights Act 1998. This Policy Paper seeks to demystify this aspect of the... Read More about Policy Paper: The Place of Northern Ireland within UK Human Rights Reform.

'To what extent can a receiver rely on third parties* when discharging his power of sale?]* Third parties include accountants, valuers, attorneys-at-law, real estate agents et cetera (2015)
Presentation / Conference Contribution
Ashby, L. (2015, July). 'To what extent can a receiver rely on third parties* when discharging his power of sale?]* Third parties include accountants, valuers, attorneys-at-law, real estate agents et cetera. Paper presented at Judges Colloquium at The Caribbean Court of Justice, Port of Spain, Trinidad and Tobago

The Revival of the Right to Property in India (2015)
Journal Article
Allen, T. (2015). The Revival of the Right to Property in India. Asian Journal of Comparative Law, 10(01), 23-52. https://doi.org/10.1017/asjcl.2015.4

Over the last six decades, the Supreme Court of India has created and re-created a right to property from very weak textual sources, despite constitutional declarations calling for social revolution, numerous amendments to reverse key judgments, and... Read More about The Revival of the Right to Property in India.

The exercise of governance authority by international organisations: The role of due diligence obligations after conflict (2015)
Book Chapter
O'Donoghue, A. (2015). The exercise of governance authority by international organisations: The role of due diligence obligations after conflict. In M. Saul, & J. Sweeney (Eds.), International law and post-conflict reconstruction policy (45-66). Routledge

International legal scholarship largely ignores due diligence, yet its obligations do subsist. The Alabama Arbitration, the evolution of international economic, human rights and humanitarian law are all concerned with due diligence. During post-confl... Read More about The exercise of governance authority by international organisations: The role of due diligence obligations after conflict.

Constitutionally Questioned: UK Debates, International Law, and Northern Ireland (2015)
Journal Article
O'Donoghue, A., & Warwick, B. T. (2015). Constitutionally Questioned: UK Debates, International Law, and Northern Ireland. Northern Ireland Legal Quarterly, 66(1), 93-104

This comment examines the proposed UK constitutional changes proffered following the no-vote in the Scottish Independence Referendum from an international legal perspective. With a particular focus on the implications for Northern Ireland, this piece... Read More about Constitutionally Questioned: UK Debates, International Law, and Northern Ireland.

Disappearing Paradigms in Shareholder Protection: Leximetric Evidence for 30 Countries, 1990-2013 (2015)
Journal Article
Katelouzou, D., & Siems, M. (2015). Disappearing Paradigms in Shareholder Protection: Leximetric Evidence for 30 Countries, 1990-2013. Journal of Corporate Law Studies, 15(1), 127-160. https://doi.org/10.5235/14735970.15.1.127

Scholars frequently claim that the path dependency of the law, the influence of the US model of corporate governance, and the role of legal origin and the stage of legal development are key for a comparative understanding of shareholder protection. T... Read More about Disappearing Paradigms in Shareholder Protection: Leximetric Evidence for 30 Countries, 1990-2013.

Concept and Contract in the Future of International Law (2015)
Journal Article
Linarelli, J. (2015). Concept and Contract in the Future of International Law. Rutgers law review, 67(1), 61-88

How will international law deal with the problems of large-scale cooperation the peoples of the world now face and will continue to face in the future? This is the very big question that Joel Trachtman deals with in his book The Future of Internation... Read More about Concept and Contract in the Future of International Law.

Contentious Modes of Understanding Chinese Commercial Law (2015)
Journal Article
Zhou, T., & Siems, M. (2015). Contentious Modes of Understanding Chinese Commercial Law. Journal of international commercial law, 6(2), 177-200

Is Chinese commercial law simply a copy of German and other Western commercial laws, a “mystery” that Westerns cannot understand, or an “irrelevance” given the role of culture and politics in China? This article critically discusses these three modes... Read More about Contentious Modes of Understanding Chinese Commercial Law.

British law on corporate bribery (2015)
Journal Article
Mukwiri, J. (2015). British law on corporate bribery. Journal of Financial Crime, 22(1), 16-27. https://doi.org/10.1108/jfc-12-2013-0072

Purpose: – This paper aims to assess the effectiveness of the Bribery Act 2010 in curbing corporate bribery. Design/methodology/approach: – The paper takes a doctrinal focus in assessing UK bribery law using both primary and secondary sources. Findin... Read More about British law on corporate bribery.