Skip to main content

Research Repository

Advanced Search

Outputs (23)

Alternative Family Forms in England and Wales (2016)
Presentation / Conference Contribution
Hayward, A. (2016, December). Alternative Family Forms in England and Wales. Paper presented at Il diritto di famiglia tra modelli tradizionali e nuove declinazioni: Esperienze a confronto, Bocconi University, Milan, Italy

TTIP: The Rise of ‘mega-market’ trade agreements and its potential implications for the Global South (2016)
Journal Article
O’Donoghue, A., & Tzouvala, N. (2016). TTIP: The Rise of ‘mega-market’ trade agreements and its potential implications for the Global South. Trade, law and development, 8(2), 181-209

This article intervenes in the growing academic discussion about the potential impact of currently negotiated trade and investment agreements such as the TTIP, the CETA, and the TPP. To do so, our contribution focuses on the rarely asked question of... Read More about TTIP: The Rise of ‘mega-market’ trade agreements and its potential implications for the Global South.

Empirical Insights into Corporate Contractarian Theory (2016)
Journal Article
Attenborough, D. (2017). Empirical Insights into Corporate Contractarian Theory. Legal Studies, 37(2), 191-213. https://doi.org/10.1111/lest.12134

In UK and US company law and corporate governance, a highly influential economic theory views the company, and the rules related thereto, as a nexus of contracts for organising business activity. This so-called contractarian theory of the company dep... Read More about Empirical Insights into Corporate Contractarian Theory.

Text, Cases and Materials on Public Law and Human Rights. (2016)
Book
Fenwick, H., Phillipson, G., & Williams, A. (2017). Text, Cases and Materials on Public Law and Human Rights. (4th ed.). Routledge

This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all... Read More about Text, Cases and Materials on Public Law and Human Rights..

Common Intention Constructive Trusts and the Role of Imputation in Theory and Practice (2016)
Journal Article
Hayward, A. (2016). Common Intention Constructive Trusts and the Role of Imputation in Theory and Practice. Conveyancer and Property Lawyer, 80(3), 233-242

Discusses the Court of Appeal judgment in Barnes v Phillips on whether, in the absence of evidence of a cohabiting couple's common intention to vary their beneficial ownership of the family home, it was open to the judge to impute that intention. Ass... Read More about Common Intention Constructive Trusts and the Role of Imputation in Theory and Practice.

An Estoppel-Based Approach to Enforcing Corporate Environmental Responsibilities (2016)
Journal Article
Attenborough, D. (2016). An Estoppel-Based Approach to Enforcing Corporate Environmental Responsibilities. Journal of Environmental Law, 28(2), 275-299. https://doi.org/10.1093/jel/eqw012

Within the regulatory space that exists at the intersection of UK company law and environmental regulation, the business community has generated its own environmental governance initiatives to address growing anxiety about companies’ externalised ris... Read More about An Estoppel-Based Approach to Enforcing Corporate Environmental Responsibilities.

The British Bill of Rights Debate: Lessons from Australia (2016)
Journal Article
Williams, A., & Williams, G. (2016). The British Bill of Rights Debate: Lessons from Australia. Public Law, 2016(July), 471-490

Assesses the lessons offered by the Australian Capital Territory's Human Rights Act 2004 and the Victorian Charter of Human Rights and Responsibilities Act 2006 for the possible development of a British Bill of Rights to replace the Human Rights Act... Read More about The British Bill of Rights Debate: Lessons from Australia.

Morality in Intellectual Property Law: A Concept-Theoretic Framework (2016)
Journal Article
Adcock, M., & Beyleveld, D. (2016). Morality in Intellectual Property Law: A Concept-Theoretic Framework. Intellectual property rights. Open access, 4(1), Article 154. https://doi.org/10.4172/2375-4516.1000154

This paper presents a ‘concept-theoretic’ position on the relationship between law and morality in any legal system that includes respect for human rights as a fundamental principle of the legal validity of its rules. With European Union law (EU law)... Read More about Morality in Intellectual Property Law: A Concept-Theoretic Framework.

How Does International Law Condition Responses to Conflict and Negotiation? (2016)
Journal Article
O'Donoghue, A. (2016). How Does International Law Condition Responses to Conflict and Negotiation?. Global Policy, 7(2), 272-277. https://doi.org/10.1111/1758-5899.12335

This article explores the role law plays in defining conflict and its consequences. Two elements of law's categorisations are critical; first law's cataloguing of activities fixing actions into particular classifications and second law's choosing of... Read More about How Does International Law Condition Responses to Conflict and Negotiation?.

Towards Unilateralism? House of Commons Oversight of the Use of Force (2016)
Journal Article
Murray, C., & O'Donoghue, A. (2016). Towards Unilateralism? House of Commons Oversight of the Use of Force. International and Comparative Law Quarterly, 65(02), 305-341. https://doi.org/10.1017/s0020589316000154

Engaging democratically elected assemblies in national decision-making over the extraterritorial use of force seemingly provides a secure check on executive abuses of power. Many liberal democracies therefore maintain constitutional requirements that... Read More about Towards Unilateralism? House of Commons Oversight of the Use of Force.

Same-sex Registered Partnerships - A Right to be Recognised? (2016)
Journal Article
Hayward, A. (2016). Same-sex Registered Partnerships - A Right to be Recognised?. Cambridge Law Journal, 75(01), 27-30. https://doi.org/10.1017/s0008197316000179

ACROSS Europe, the legal recognition of same-sex relationships has changed rapidly. Of the 47 Member States of the Council of Europe, 26 countries currently recognise same-sex relationships, whether through marriage or registered partnership. Italy,... Read More about Same-sex Registered Partnerships - A Right to be Recognised?.

How independent are independent committees and advisers in Mergers and Acquisitions transactions? (2016)
Journal Article
Mukwiri, J. (2016). How independent are independent committees and advisers in Mergers and Acquisitions transactions?. Butterworths journal of international banking and financial law, 31(2), 99-102

Independent Committees in the US are more likely to be scrutinised by the courts than their counterpart Independent Advisers in the UK after or during mergers and acquisitions. Stockholders are more likely to bring actions against Committees in the U... Read More about How independent are independent committees and advisers in Mergers and Acquisitions transactions?.

Varieties of Legal Systems: Towards a New Global Taxonomy (2016)
Journal Article
Siems, M. (2016). Varieties of Legal Systems: Towards a New Global Taxonomy. Journal of Institutional Economics, 12(03), 579-602. https://doi.org/10.1017/s1744137415000545

Legal scholars, economists and other social scientist often refer to the idea that countries can be classified into a number of ‘legal families’ or ‘legal origins’. Yet, this research is unsatisfactory as regards the actual classifications of the leg... Read More about Varieties of Legal Systems: Towards a New Global Taxonomy.