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Recent (2013–14) and Forthcoming Other Forms of Output

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2014

J J W Herring and Janet Bettel, '"With this diode, I thee wed”: Marrying robots and what this tells us about 21st century marriage' (2014) Family Law Week [...]

This article considers whether you can marry a robot.


P Eleftheriadis, ''High Speed Constitutional Reconstruction'' (2014) Solicitors Journal   [Case Note] [...]

The HS2 ruling will restart debates about the fundamental principles of public law. The hierarchy between deeper constitutional principles and ordinary laws is now part of the constitution.


N. W. Barber, 'After the Vote: If Scotland Votes Yes' (2014) United Kingdom Constitutional Law Blog

N. W. Barber, 'After the Vote: Regulating Future Independence Referendums ' (2014) United Kingdom Constitutional Law Blog

Alex Leveringhaus and G. Giacca, 'From “Killer Robots” to Military Enhancement: Ethics, law, and design for robotic weapons systems' (2014) Oxford Martin School policy paper

J Pila, 'Isolated human genes: the patent equivalent of a non-copyrightable sound recording' (2014) Law Quarterly Review   [Case Note]

I Loader, 'Police Scandal and Reform?: Can we Break out of More of the Same?' (2014) Left Foot Forward

F Baetens, M Milanovic and A Tzanakopoulos, 'Présentation' (2014) A Pellet, Le droit international entre souveraineté et communauté, Pedone 3 [...]

Abstract: This is a presentation/preface to Alain Pellet's publication of a selection of his most important works.

ISBN: 978-2-233-00711-7

S Douglas-Scott, 'The Application of the EU Charter of Fundamental Rights in the UK, evidence to UK House of Commons European Scrutiny Committee, January 2014' (2014)

D P Nolan, 'The Liability of Public Authorities for Omissions Revisited' (2014) 130 Law Quarterly Review 21   [Case Note]

R George, 'The Veil of Incorporation and Post-Divorce Financial Remedies' (2014) Law Quarterly Review (forthcoming)   [Case Note]

2013

M Paparinskis, 'A Reply to Anthea Roberts and Federico Ortino' (2013) EJIL: Talk!

M Paparinskis, 'A Reply to Sir Frank Berman' (2013) EJIL: Talk!

I Benöhr, 'Alternative Dispute Resolution of Consumers in Financial Services: A Comparative Perspective' (2013) European Policy Analysis, SIEPS

J Rowbottom, 'Animal Defenders International: speech, spending, and a change of direction in Strasbourg' (2013) 5 Journal of Media Law 1   [Case Note]

S Fredman, 'Anti-discrimination laws and work in the developing world: A thematic overview' (Background Paper for the World Development Report 2013 2013) [...]

DOI: http://siteresources.worldbank.org/EXTNWDR2013/Resources/825

This is a background paper for the World Development Report 2013. It aims to provide a literature review of legal and other instruments aimed at addressing labour market discrimination in developing countries,. The analysis takes place in the context of the understanding of jobs as providing the hinge connecting the three identified transformations at the centre of economic development: living standards, productivity gains and social cohesion. As Juan Somavia, ILO Director -General stated in June 2001: „Every day we are reminded that, for everybody, work is a defining feature of human existence. It is the means of sustaining life and of meeting basic needs. But it is also an activity through which individuals affirm their own identity, both to themselves and to those around them. It is crucial to individual choice, to the welfare of families and to the stability of societies.‟ Yet many people are unable to access decent work because of their gender, race, disability, sexual orientation, age or poverty. Disadvantage in the labour market is disproportionately concentrated among women, ethnic minorities, people with disabilities, older or younger people and poor people. The report deals with a brief discussion of de jure equality; anti-discrimination laws; the informal sector; and implementation (including affirmative action) in a range of countries: among low income countries, the briefing note considers Kenya, Bangladesh and Nepal; among lower middle income countries, it examines India, the Philippines and Zambia; and among upper middle income countries, it examines South Africa, Botswana, Brazil, Jamaica and the Czech Republic. The countries were chosen to reflect a spread of different cultural, regional, historical and developmental factors, as well as the availability of literature in English. .


and others, 'Article 18: An Orphaned Right' (All Party Parliamentary Group on International Religious Freedom 2013)

P Eleftheriadis, 'Book Review of Philosophy and Resistance in the Crisis' (2013) Times Hihger Education Supplement   [Review]

N. W. Barber, 'Can Royal Assent Be Refused on the Advice of the Prime Minister?' (2013) United Kingdom Constitutional Law Blog

A Higgins and Adrian Zuckerman, 'Class Actions in England? Efficacy, Autonomy and Proportionality in Collective Redress' (2013) 93/2013 University of Oxford Legal Research Paper Series [...]

This paper examines the background to the UK Government’s plans announced this year to introduce opt out class actions in competition cases, the EU Parliament’s opposition to them on autonomy grounds, and the arguments put forward by corporate lobby groups and the academics funded by them against opt out class actions. The paper argues that far from being a restriction on autonomy, there are strong grounds for requiring mandatory class actions for the determination of common claims and defences. Procedures for determining common issues in the one proceeding are a crucial feature of any effective and proportionate system of collective redress. We sketch some ways of encouraging individual participation in class actions without undermining the benefits of collective action, including more democratic decision making in the management and settlement of class actions. Moreover, private class actions are a necessary complement to action by public regulators, ensuring that the task of securing redress for mass harms is not borne fully by taxpayers, and that victims can still obtain redress where regulation is not available or ineffective.


P Eleftheriadis, 'Democratic Accountability for a Monetary Union' (2013) London: UCL European Institute

A Tzanakopoulos, 'Deutscher Blick auf die UN-Charta' (2013) 61 Vereinte Nationen 234   [Review] [...]

Abstract: Book review of the third edition of B Simma et al (eds) The UN Charter: A Commentary (OUP, Oxford 2012).

Buchbesprechung der 3. Auflage des UN-Charta Kommentars von Simma et al.


ISBN: 0042-384X

J Vidmar, 'EU-UK-Scotland: How Two Referenda Created a Complicated Love Triangle' (2013) EJIL Talk!

A Tzanakopoulos, 'Falling Short: UN Security Council Delisting Procedural Reforms Before European Courts' (Sanctions & Security Research Program 2013) [...]

A Report prepared for the KROC Institute's Sanctions and Security Research Program, assessing reforms to the 1267/1989 sanctions regime of the Security Council against the standards required by European Courts, including the Court of Justice of the European Union and the European Court of Human Rights.


R George, 'Family Finances and the Corporate Veil: Prest v Petrodel' (2013) Family Law 991   [Case Note]

R George, 'Fifty Years in Family Law: Essays for Stephen Cretney, edited by Rebecca Probert and Chris Barton' (2013) Law Quarterly Review 121   [Review]

J Prassl, 'Freedom of Contract as a General Principle of EU Law? Transfers of Undertakings and the Protection of Employer Rights in EU Labour Law (Case C-426/11 Alemo Herron v Parkwood Leisure)' (2013) 42 ILJ 434   [Case Note]

A S Burrows, 'Good Consideration in the Law of Unjust Enrichment' (2013) 129 Law Quarterly Review 328   [Case Note]

Simon Whittaker, 'Good Faith, Implied Terms and Commercial Contracts' (2013) 129 Law Quarterly Review   [Case Note] [...]

This note concerns the decions of the High Court in Yam Seng Ptd. Ltd. v International Trade Corporation [2013] EWHC 111 (QB).


A Tzanakopoulos, 'Greek Court Acquits Immigrants Who Escaped Appalling Detention Conditions' (2013) EJIL: Talk!

L Lazarus, 'How about a British Bill of Rights?' (2013) The Ship 57

A Briggs, 'In for a penny, in for a pound.' (2013) informa / Lloyd's Maritime & Commercial Law Quarterly 26   [Case Note] [...]

Analysis of decision of Supreme Court in Rubin v Eurofinance and New Cap v Grant.


ISBN: 03062945

P S Davies, 'Joint tortfeasance and common design' (2013) 129 LQR   [Case Note] (forthcoming)

A Tzanakopoulos, 'Kadi Showdown: Substantive Review of (UN) Sanctions by the ECJ' (2013) EJIL: Talk! [...]

Comment on the ECJ's decision in Kadi II.


R Bird, 'Legal Information Literacy Standards: an overview of the developments in the US & the UK' , paper presented at Legal Information Literacy [...]

review of developments in the US and the UK in Legal information literacy, the Standards that have been adopted, and the integration of the standards into the first year LRMSP course in Oxford's law degree


E Descheemaeker, 'Legal Rationality as Legal History', paper presented at Conference of the UK Internationale Vereinigung für Rechts- und Sozialphilosophie, Queen Mary, University of London (13 April 2013)

P Bockli and others, 'Making Corporate Governance Codes More Effective: A Response to the European Commission\'s Action Plan of December 2012 ' (2013) [...]

This paper contains the European Company Law Experts' response to one of the main issues raised in the European Commission’s Action Plan of 12 December 2012, namely how to make corporate governance codes more effective. The concept of “codes’ effectiveness” has two meanings: effectiveness of the comply-explain mechanism (disclosure effectiveness) and level of adoption of the codes’ recommendations themselves (substantive effectiveness). The ECLE believes that it is of crucial importance to keep the advantages of regulation by codes while finding adequate improvements of the quality of the reports and the explanations. The relationship between the content of corporate governance codes and disclosure is discussed. A “culture of departure from code recommendations”, if well explained, is needed. The quality of corporate governance reports and the explanations should primarily be improved by incentives, but non-legal and legal sanctions may help. Improvements may also be possible by mobilizing private actors and/or by charging public or private agents and agencies with inspection and monitoring.


Kate Mitchell, Tamas Szigeti and L Lazarus, 'Mass surveillance and civil liberties: A Comparative Study of Laws Governing Mass Surveillance Programs' (2013) [...]

This report explores the existing legal frameworks governing national security programmes of mass surveillance, in light of the recently discovered PRISM and TEMPORA programmes in the United States (US) and United Kingdom. The report was prepared to support the work of Tom Hickman and Ravi Mehta of Blackstone Chambers in August 2013.


D Leczykiewicz, 'Melloni and the future of constitutional conflict in the EU' (2013) UK Constitutional Law Blog, 22 May 2013, reposted on the EUtopia Law Blog, 23 May 2013

J Prassl, 'Montreal Exclusivity vs EU law – Round II: Stott v Thomas Cook ' (2013) UK Supreme Court Blog   [Case Note]

A Briggs, 'One-sided jurisdiction clauses: French folly and Russian menace' (2013) Lloyd's Maritime & Commercial Law Quarterly 137   [Case Note] [...]

Analysis of decisions of French Supreme Court and of Russian Supreme Court on efficacy of one-sided jurisdiction agreements


ISBN: 0306 2943

A J B Sirks, 'R.M. Frakes, Compiling the Collatio Legum Mosaicarum et Romanarum in Late Antiquity, Oxford 2011, ISBN 978–0–19–958940–1 [Oxford studies in Roman society and law 2]' (2013) 81 Tijdschrift voor Rechtsgeschiedenis 284   [Review]

A Higgins and Adrian Zuckerman, 'Re Prudential plc [2013] UKSC 1: The Supreme Court leaves to Parliament the issue of privilege for tax advice by accountants, what Parliament should do is restrict privilege for tax advice given by lawyers. ' (2013) 32 Civil Justice Quarterly 313   [Case Note]

AYK Lee, 'Reflective Equilibrium: The Role of Public Opinion in Normative Theoretical Work' (2013) Criminology at Oxford

J Prassl, 'Reforming Air Passenger Rights in the European Union' (EUtopia Law Blog 2013)

P S Davies, 'Registered charges in the contractual matrix' (2013) 129 LQR 24   [Case Note]

J Prassl, 'Regulating Sub-Contracting Through a Functional Definition of the Employer' (NELP/AFL-CIO 2013)

P S Davies and P Turner, 'Relief against penalties without a breach of contract' (2013) 72 CLJ 20   [Case Note]

R George, 'Relocation Disputes in England and Wales: First Findings from the 2012 Study' (Oxford Legal Research Paper 91/2013 2013)

P Bockli and others, 'Response to the European Commission's Report on the Application of the Takeover Bids Directive ' (2013) [...]

This paper contains the European Company Law Experts' response to the report of the European Commission of 28 June 2012 on the application of the Takeover Bids Directive of 2004 and the reform initiatives announced. For evaluating these initiatives the rationale of the mandatory bid rule is relevant (exit rationale, control premium rationale and undistorted choice rationale). On this basis the paper discusses each of the concerns raised by the European Commission: 1) The concept of "acting in concert": The ECLE are of the opinion that a uniform concept for the Takeover Bids Directive, the Transparency Directive and the Acquisition Directive is not useful because of the different objectives of these Directives. As to the Takeover Directive it should be made clear that joint engagement activities of investors should not trigger a mandatory offer. 2) National derogations to the mandatory offer rule differ widely, but there are different types of derogations that pose different concerns. The ECLE recommend that the Directive should provide for a review process with respect to national derogations. 3) The ECLE believe that there are good reasons to close the loopholes against the “creep in” and the “creep on” acquisitions. 4) As to board neutrality and the break-through rule the ECLE believe that the default rules should be changed. The option rights should be given to the shareholders, not to the member states. The reciprocity rule is flawed. 5) The protection of the rights of employees should be addressed in a wider context and should not be taken up specifically for one type of transaction such as takeover bids.


S Douglas-Scott, 'Review of E. Bates \'The Evolution of the European Convention on Human Rights. From Its Inception to the Creation of a Permanent Court of Human Rights\'' (2013) 50 Common Market Law Review 649   [Review]

E Descheemaeker, 'Review of John Bell and David Ibbetson (eds.), Comparative Studies in the Development of the Law of Torts in Europe' (2013) 112 Revue trimestrielle de droit civil 470   [Review]

WG Ringe, 'Secondary proceedings, forum shopping and the European Insolvency Regulation [Sekundärinsolvenzverfahren nach der Europäischen Insolvenzverordnung (zu BGH, 8.3.2012 – IX ZB 178/11)]' (2013) Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 330   [Case Note] [...]

The German Federal Supreme Court held in a recent decision that secondary proceedings according to Article 3(2) of the European Insolvency Regulation cannot be initiated where the debtor only has assets in a particular country. The requirements for an “establishment” go beyond this and require an economic activity with a “minimum of organisation and certain stability”. This decision stands in conformity with the leading academic comment and other case-law. Nevertheless, the decision is a good opportunity to stress the importance of secondary proceedings and their function to protect local creditors. This is particularly true where the secondary proceedings are initiated (as here) in the context of a cross-border transfer of the “centre of main interests” (COMI) of the debtor. The ongoing review of the European Insolvency Regulation should respond to this problem in one of the regulatory options provided.


J Prassl, 'Shares for Rights? The New Employee Shareholder Status in the United Kingdom' (2013) ELLN Working Paper No. 1

A Tzanakopoulos, 'Sharing Responsibility for UN Targeted Sanctions' (2013) SHARES Blog [...]

This blog entry is based on a talk delivered at the University of Amsterdam in the framework of the SHARES (shared responsibility) project. It discusses how responsibility is shared between the UN and member-States for the adoption and implementation of UN sanctions under Chapter VII of the Charter.


L Green, 'Should Law Improve Morality?' (2013) 73/2013 Oxford Legal Research Paper Series [...]

Legal theorists have long debated whether law should enforce social morality. This paper explores a different problem: should law (try to) improve social morality? I argue that it should. First, against conceptual and empirical doubts, I argue that it is possible for law to improve morality. Second, against certain moral objections, I argue that it is often proper for law to try to improve it. Third, I offer an example: law should try to improve our social morality of sex, by trying to re-shape what we regard as valid consent to sexual activity. Along the way, the ideas of H. L. A. Hart and Patrick Devlin are examined, as are the empirical and policy claims of Paul Robinson and his collaborators. A revised version of the paper is to appear in Criminal Law and Philosophy.


J Prassl, 'Sturgeon revisited - yet again (Case C-11/11 Air France v Folkerts)' (2013) EUtopia Law Blog   [Case Note]

R Burrell, M Handler, E Hudson and K Weatherall, 'Submission in response to Discussion Paper No. 79' (2013) ALRC Inquiry into Copyright and the Digital Economy

G. Giacca, 'Symmetries: International Humanitarian law and International Human Rights Law: Report of the Transatlantic Workshop on International Law and Armed Conflict' (Oxford University in partnership with the ICRC 2013)

E Descheemaeker, 'The Reynolds Privilege: Its Origins and Theoretical Significance', paper presented at Obligations Discussion Group, University of Oxford (23 May 2013)

Stuart Casey-Maslen and G. Giacca, 'The Arms Trade Treaty' (Geneva Academy of International Humanitarian and Human Rights Law, Legal Briefing No. 3. 2013)

E Descheemaeker, 'The Australian Origins of the Reynolds Privilege', paper presented at Conference of the Centre for Media and Communications Law, University of Melbourne (26 February 2013)

N. W. Barber, 'The Constitution of China: A Contextual Analysis' (2013) 129 Law Quarterly Review 132   [Review]

N. W. Barber, 'The Constitutional Inheritance of the Royal Baby: A Speculation' (2013) United Kingdom Constitutional Law Blog

M Paparinskis, 'The International Minimum Standard and Fair and Equitable Treatment' (2013) EJIL: Talk!

L Green, 'The Morality in Law' (2013) 12/2013 Oxford Legal Studies Research Paper [...]

This paper tests the claim, made by H.L.A. Hart, that nothing is a legal system that fails to include certain obligations familiar in morality . This ‘minimum content’ thesis was rejected by Hans Kelsen, among others. Hart’s arguments for the minimum content thesis are unsound; but the thesis is correct and a different defense of it is offered. Two general worries about the thesis are then addressed. Brian Leiter argues that, since law is an artefact, it has no essential properties at all and, a fortiori, no essential content. This is shown to involve several errors. Others argue that Hart’s view about the relation between law and morality is not a theoretical thesis at all: it is the practical thesis that we should try to improve law by improving the concept of law. It is shown that this is not a possible interpretation of any of Hart’s arguments: ‘normative positivism’ has no Hartian foundations.


T Khaitan, 'The Real Price of Parliamentary Obstruction' (2013) 642 Seminar 37

Dyson, 'The Relationship between Contributory Negligence and Mitigation', paper presented at SLS Conference 2013, University of Edinburgh

W E Peel, 'The rule against penalties' (2013) Law Quarterly Review 152   [Case Note] [...]

A note on the decision of the HCA in Andrews v ANZ Banking Group Ltd [2012] HCA 30


ISBN: 0023-933X

S Douglas-Scott, 'Two Visions of Justice in the EU in de Burca Kochenov Williams, Debating Europe’s Justice Deficit: The EU, Swabian Housewives, Rawls, and Ryanair' (2013) EUI Working Papers

S Douglas-Scott, 'Two Visions of Justice in the EU in Debating Europe's Justice Deficit' (2013)

T. Karimova and G. Giacca, 'United Nations Human Rights Mechanisms and the Right to Education in Insecurity and Armed Conflict' ( Doha/Geneva: Education Above All, and Geneva Academy of International Humanitarian and Human Rights Law 2013)

J Prassl, 'Volcanic Ash and "super extraordinary circumstances" (Case C-12/11 McDonagh v Ryanair)' (2013) EUtopia Law Blog   [Case Note]

I Loader, 'Why PCCs must go: A better way to do local policing' (2013) Left Foot Forward

R George, '‘Fifty Years in Family Law: Essays for Stephen Cretney’, edited by Rebecca Probert and Chris Barton' (2013) Law Quarterly Review 121   [Review]

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