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Outputs (382)

Review of Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de facto Unions, edited by Katharina Boele-Woelki, Frédérique Ferrand, Cristina González Beilfuss, Maarit Jänterä-Jareborg, Nigel Lowe, Dieter Martiny and Velina Todorova (2020)
Journal Article
Hayward, A. (2021). Review of Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de facto Unions, edited by Katharina Boele-Woelki, Frédérique Ferrand, Cristina González Beilfuss, Maarit Jänterä-Jareborg, Nigel Lowe, Dieter Martiny and Velina Todorova. International Journal of Law, Policy and the Family, 35(1), Article ebaa014. https://doi.org/10.1093/lawfam/ebaa014

Board Gender Diversity in Mexico: An Analysis and Proposal for Reform (2020)
Journal Article
Riley, C., & Ruelas, P. (2020). Board Gender Diversity in Mexico: An Analysis and Proposal for Reform. Journal of international and comparative law (Hong Kong), 7(1), 155-182

The lack of gender diversity on companies’ boards has become a matter of global concern in recent years. In many countries, this concern has been matched by robust action to increase the number of women directors. Other countries, however, have fared... Read More about Board Gender Diversity in Mexico: An Analysis and Proposal for Reform.

Syria & Locating Tyranny, Hegemony and Anarchy in Contemporary International Law (2020)
Journal Article
O'Donoghue, A. (2020). Syria & Locating Tyranny, Hegemony and Anarchy in Contemporary International Law. Jus Cogens, 2(1), 29-55. https://doi.org/10.1007/s42439-020-00015-0

Substantive renderings of tyranny, hegemony or anarchy as governance forms within international law seldom appear. When invoked, tyranny and anarchy are presented as exceptional while hegemony, in accounts often borrowed from international relations... Read More about Syria & Locating Tyranny, Hegemony and Anarchy in Contemporary International Law.

The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language (2020)
Journal Article
Baker, A. (2021). The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language. Industrial Law Journal, 50(2), 226-263. https://doi.org/10.1093/indlaw/dwaa006

The ‘range of reasonable responses’ (RORR) test for assessing the fairness of a dismissal under section 98(4) ERA 1996 started life as a mistake and never recovered. Where the statute tells judges a dismissal is unfair if an employer acted ‘unreasona... Read More about The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language.

A Constitutional Right to Property? (2020)
Book Chapter
Allen, T. (2020). A Constitutional Right to Property?. In M. Elliot, & K. Hughes (Eds.), Common Law Constitutional Rights. Hart Publishing

Relationships with Status: Civil Partnership in an Era of Same-Sex Marriage (2020)
Book Chapter
Hayward, A. (2020). Relationships with Status: Civil Partnership in an Era of Same-Sex Marriage. In F. Hamilton, & G. Noto La Diega (Eds.), Same-Sex Relationships, Law and Social Change (189-208). Routledge. https://doi.org/10.4324/9780429021589

Civil partnerships were introduced in 2005 as an equality measure at a time when opening up marriage to same-sex couples was viewed as politically controversial. Following the later introduction of same-sex marriage in 2014 and the retention of civil... Read More about Relationships with Status: Civil Partnership in an Era of Same-Sex Marriage.

The Political Legitimacy of Company Law and Regulation (2020)
Journal Article
Attenborough, D. (2020). The Political Legitimacy of Company Law and Regulation. Northern Ireland Legal Quarterly, 71(1), 384-405

Two interrelated objectives are pursued in this article: the first concerns the relationship and interaction between the UK’s company law and market-based regulation; the second explores the legitimacy of marketbased regulation in light of its potent... Read More about The Political Legitimacy of Company Law and Regulation.

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?.

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 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?.