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Outputs (20)

Conflicts Between Free Expression, Freedom of Religion and Avoidance of Discrimination on Grounds of Sexual Orientation within the ECHR Framework (2019)
Presentation / Conference Contribution
Hayward, A., & Fenwick, H. (2019, December). Conflicts Between Free Expression, Freedom of Religion and Avoidance of Discrimination on Grounds of Sexual Orientation within the ECHR Framework. Paper presented at The Future of Freedom of Speech and Religion after Israel Folau, Deakin University, Melbourne, Australia

The Power of Comparative Law: What Types of Units Can Comparative Law Compare? (2019)
Journal Article
Siems, M. (2019). The Power of Comparative Law: What Types of Units Can Comparative Law Compare?. The American Journal of Comparative Law, 67(4), 861-888. https://doi.org/10.1093/ajcl/avz030

What can comparative law compare? It is relatively uncontroversial that certain topics are included in its scope. For example, there is little doubt that any comparison between legal rules of different countries belongs to the field of comparative la... Read More about The Power of Comparative Law: What Types of Units Can Comparative Law Compare?.

The Steinfeld Effect: Equal Civil Partnerships and the Construction of the Cohabitant (2019)
Journal Article
Hayward, A. (2019). The Steinfeld Effect: Equal Civil Partnerships and the Construction of the Cohabitant. Child and family law quarterly, 31(4), 283-302

The Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 places the Secretary of State under an obligation to reform the currently same-sex only Civil Partnership Act 2004 so as to enable access by different-sex couples. It was introd... Read More about The Steinfeld Effect: Equal Civil Partnerships and the Construction of the Cohabitant.

Life after Brexit: Operationalising the Belfast/Good Friday Agreement’s Principle of Consent (2019)
Journal Article
Murray, C., & O'Donoghue, A. (2019). Life after Brexit: Operationalising the Belfast/Good Friday Agreement’s Principle of Consent. Dublin University law journal, 42(1), 147-189

Brexit has energised discussions upon Irish (re)unification, with even Theresa May recognising that the threat of a no-deal Brexit heightens the possibility of the break up of the UK. The increasingly prominent discussion of a so-called “border poll”... Read More about Life after Brexit: Operationalising the Belfast/Good Friday Agreement’s Principle of Consent.

The law and ethics of ‘cultural appropriation’ (2019)
Journal Article
Siems, M. (2019). The law and ethics of ‘cultural appropriation’. International Journal of Law in Context, 15(4), 408-423. https://doi.org/10.1017/s1744552319000405

Cultural appropriation is often defined as the ‘taking of intellectual property, cultural expressions or artefacts, history, and ways of knowledge’. Despite this apparent link to intellectual property, legal issues are only rarely mentioned in the cu... Read More about The law and ethics of ‘cultural appropriation’.

The end of history for the board neutrality rule in the EU (2019)
Journal Article
Mukwiri, J. (2020). The end of history for the board neutrality rule in the EU. European Business Organization Law Review, 21(2), 253-277. https://doi.org/10.1007/s40804-019-00164-w

This paper argues that the failed attempt to introduce a mandatory board neutrality rule into EU takeover law was an object lesson that it is difficult to enact rules that are contrary to the corporate law cultures of the majority of the Member State... Read More about The end of history for the board neutrality rule in the EU.

"Ourworld": A Feminist Approach to Global Constitutionalism (2019)
Journal Article
Houghton, R., & O'Donoghue, A. (2020). "Ourworld": A Feminist Approach to Global Constitutionalism. Global Constitutionalism, 9(1), 38-75. https://doi.org/10.1017/s2045381719000273

Global constitutionalism offers a utopian picture of the future of international law. Its advocates suggest a governance system is emergent that will fill the gaps in legitimacy, democracy and the rule of law present in international law. Speculation... Read More about "Ourworld": A Feminist Approach to Global Constitutionalism.

The Illusion of Motion: Corporate (Im)Mobility and the Failed Promise of Centros (2019)
Journal Article
Gerner-Beuerle, C., Mucciarelli, F., Schuster, E., & Siems, M. (2019). The Illusion of Motion: Corporate (Im)Mobility and the Failed Promise of Centros. European Business Organization Law Review, 20(3), 425-465. https://doi.org/10.1007/s40804-019-00157-9

The European Court of Justice’s landmark decision in Centros was heralded as creating the preconditions for a vibrant market for incorporations in the EU. In practice, however, today’s corporate landscape in Europe differs little from that of the lat... Read More about The Illusion of Motion: Corporate (Im)Mobility and the Failed Promise of Centros.

What Determines National Convergence of EU Law? Measuring the Implementation of Consumer Sales Law, (2019)
Journal Article
Goanta, C., & Siems, M. (2019). What Determines National Convergence of EU Law? Measuring the Implementation of Consumer Sales Law,. Legal Studies, 39(4), 714-734. https://doi.org/10.1017/lst.2019.8

Harmonisation and legal convergence are core tasks of the European Union. This article explores the question about the determinants for national convergence of EU law, specifically applied to the ever-growing body of European consumer sales law. The... Read More about What Determines National Convergence of EU Law? Measuring the Implementation of Consumer Sales Law,.

The Chinese Social Credit System: A Model for Other Countries? (2019)
Journal Article
Mac Síthigh, D., & Siems, M. (2019). The Chinese Social Credit System: A Model for Other Countries?. Modern Law Review, 82(6), 1034-1071. https://doi.org/10.1111/1468-2230.12462

Many countries know financial consumer credit ratings, and recent years have also seen a proliferation of rating systems in relation to online platforms and in the ‘sharing economy’, such as eBay, Uber and Airbnb. In the view of many Western observer... Read More about The Chinese Social Credit System: A Model for Other Countries?.

Misreading the Directors' Fiduciary Duty of Good Faith (2019)
Journal Article
Attenborough, D. (2020). Misreading the Directors' Fiduciary Duty of Good Faith. Journal of Corporate Law Studies, 21(1), 73-98. https://doi.org/10.1080/14735970.2019.1631516

The fiduciary duty of good faith, now set forth in section 172 of the Companies Act 2006, expressly positions shareholders at the centre of the company’s interests, and assigns the priority entitlement to shareholders relative to all other stakeholde... Read More about Misreading the Directors' Fiduciary Duty of Good Faith.

Boyle & Birds' Company Law (10th edn) (2019)
Book
Birds, J., Attenborough, D., Leiser, M., Solinas, M., Varney, M., & Zhang, Z. (in press). Boyle & Birds' Company Law (10th edn). (10th). Sweet and Maxwell

Artificial general intelligence and contract (2019)
Journal Article
Linarelli, J. (2019). Artificial general intelligence and contract. Uniform Law Review, 24(2), 330-347. https://doi.org/10.1093/ulr/unz015

The aim of this article is to inquire whether contract law can operate in a state of affairs in which artificial general intelligence (AGI) exists and has the cog-nitive abilities to interact with humans to exchange promises or otherwise en-gage in t... Read More about Artificial general intelligence and contract.

Can Global Constitutionalism be Feminist? (2019)
Book Chapter
O'Donoghue, A., & Houghton, R. (2019). Can Global Constitutionalism be Feminist?. In S. Harris Rimmer, & K. Ogg (Eds.), Research handbook on feminist engagement with international law (81-102). Edward Elgar Publishing

Brexit and implications for the free movement of capital (2019)
Journal Article
Mukwiri, J. (2019). Brexit and implications for the free movement of capital. Legal issues of European integration, 46(1), 7-28

One misleading mantra in the Brexit debate is that the EU’s single market freedoms were inseparable. This article takes a micro-legal research approach in examining the question: to what extent would free movement of capital be available to the UK wh... Read More about Brexit and implications for the free movement of capital.

Equal Civil Partnerships, Discrimination and the Indulgence of Time: R (on the application of Steinfeld and Keidan) v Secretary of State for International Development (2019)
Journal Article
Hayward, A. (2019). Equal Civil Partnerships, Discrimination and the Indulgence of Time: R (on the application of Steinfeld and Keidan) v Secretary of State for International Development. Modern Law Review, 82(5), 922-935. https://doi.org/10.1111/1468-2230.12437

In R (on the application of Steinfeld and Keidan) v Secretary of State for International Development the Supreme Court unanimously declared that the ban on different‐sex civil partnerships was incompatible with Articles 8 and 14 of the European Conve... Read More about Equal Civil Partnerships, Discrimination and the Indulgence of Time: R (on the application of Steinfeld and Keidan) v Secretary of State for International Development.