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faculty account, ''

S Gardner, '"Bleak House" Latest - Law Lords Dispel Fog? - City of London Building Society v Flegg [1988] AC 54 ' (1988) 51 Modern Law Review 365   [Case Note]

J Freedman, '"GAAR and the Rule of Law: Special edition podcasts, Practical Law Company 6th October 2012. \'' (2012)

R Ekins, S Hinek and J Ip, ''Appeal and Review', Chapter 13 in, Legislation Advisory Committee Guidelines: guidelines on process and content of legislation' (2003) Wellington

D Erdos, ''Postmaterialist' social constituencies and elite triggers : explaining Bill of Rights genesis in Canada (1982) and the United Kingdom (1998)', paper presented at American Political Science Association annual conference

AYK Lee, 'Cosmopolitanism: A Philosophy for Global Ethics by Stan van Hooft; Globalizing Justice: The Ethics of Poverty and Power by Richard W. Miller. ' (2012) 72 Analysis 202   [Review]

E Descheemaeker, 'Solatium', paper presented at Staff Seminar Series, University of Edinburgh (23 September 2011)

E Descheemaeker, 'Solatium in Roman and English Law', paper presented at Iniuria and the Common Law, All Souls College, University of Oxford (9 September 2011)

J Morgan, 'A chance missed to recognise loss-of-a-chance in negligence (Gregg v. Scott)' [2005] LMCLQ 281   [Case Note]

S Fredman, 'A Comparative Study of Anti-Discrimination and Equality Laws of the US, Canada, South Africa and India' (Office for Official Publications of the European Communities 2012) [...]

DOI: 10.2838/82208

The aim of this study is to compare and contrast anti-discrimination and equality laws in the US, Canada, South Africa and India, with a view to inform future development of EU anti-discrimination laws. Comparative law is of great value, particularly in the equality field, where there is increasing cross-pollination across different jurisdictions. At the same time, comparative law carries with it important challenges, as the harmonising project of the EU has itself demonstrated. The four jurisdictions to be examined here share English as a common language as well as, in varying degrees, a common law heritage. However, there are significant differences in historical, socio-economic and political contexts as well as in legal institutions. The challenge is therefore to illuminate universalisableconceptions while at the same time recognising context specificity.


ISBN: ISBN 978-92-79-23769

S Gardner, 'A Confused Wife's Equity - E & R Distributors v Atlas Drywall (1980) 118 DLR (3d) 339' (1982) 2 Oxford Journal of Legal Studies 130   [Case Note]

N. W. Barber, 'A Good Word for the Bill of Rights Commission ' (2011) United Kingdom Constitutional Law Blog

R Ekins, 'A Government for the People: The value of representative democracy' (2009) Guest Paper, October 2009, Maxim Institute

I Loader and R Muir, 'A Manifesto for Progressive Police and Crime Commissioners' (2011) New Statesman ('The Staggers' blog)

A Briggs, 'A Map or a Maze: Jurisdiction and Choice of Law in the Court of Appeal' (2007) IX The Singapore Year Book of International Law 123   [Case Note] [...]

Analysis of decision of Singapore Court of Appeal in Rickshaw Investments Ltd v Nicolai, Baron von Uexkull.


ISBN: 17930448

R Bird, 'A measured approach. Knowledge Management and Return on Investment paper presented at Knowledge Management in Law Firms Symposium, Sydney, 8 Sept, 2003', paper presented at Knowledge Management in Law Firms Symposium, Sydney, 8 Sept, 2003

R G Hood, F Seemungal, D Mendes and J Fagan, 'A Penalty Without Legitimacy: The Mandatory Death Penalty in Trinidad and Tobago' (Oxford: Centre for Criminology 2009)

N. W. Barber, 'A Question of Taste' (2003) 118 Law Quarterly Review 230   [Case Note]

R G Hood and F Seemungal, 'A Rare and Arbitrary Fate. Conviction for Murder, the Mandatory Death Penalty and the Reality of Homicide in Trinidad and Tobago' (Death Penalty Project, Oxford Centre for Criminology 76 2006) [...]

The research on which this report is based was devised and directed by Roger Hood. Fieldwork, the development of a database, and statistical assistance was the responsibility of Florence Seemungal, visiting scholar at the Oxford Centre for Criminology. The report was written Roger Hood.


I Papanicolopulu, 'A Response to Milanovic on Extraterritorial Application of Human Treaties: The Significance of International Law Concepts of Jurisdiction ' (2011) EJIL:Talk!

C Roberts, R Burnett, Kirby and H Hamill, 'A System for Evaluating Probation Practice' (1996) University of Oxford Centre for Criminological Research

J Morgan, 'A victory for "justice" over commercial certainty (The Golden Victory)' (2007) CLJ 263   [Case Note]

S Gardner, 'A Woman's Work... - Lloyds Bank Plc v Rosset [1991] 1 AC 107' (1991) 54 Modern Law Review 126   [Case Note]

J Pila, 'A-One Accessory Imports Pty Ltd v Off Road Imports Pty Ltd, 34 IPR 306 (Federal Court of Australia 1996) ' (1996) 11 EIPR D   [Case Note]

J S Getzler, 'A. Letwin, The Last Political Law Lord: Lord Sumner (1859-1934)' (2009) 125 Law Quarterly Review 702   [Review]

J S Getzler, 'A. Offer, Property and Politics 1870-1914 and J.S. Anderson, Lawyers and the Making of English Land Law' (1993) 109 Law Quarterly Review 684   [Review]

J S Getzler, 'A.J. Oakley, ed., Trends in Contemporary Trust Law' (1997) Restitution Law Review 261   [Review]

J S Getzler, 'A.W.B. Simpson, Leading Cases in the Common Law' (1997) 18 Journal of Legal History 116   [Review]

J Pila, 'Academic Freedom and the Courts' (2010) 126 Law Quarterly Review 347–351   [Case Note]

W E Peel, 'Actual Carriers & The Hague Rules' (2004) 120 The Law Quarterly Review 11   [Case Note] [...]

A casenote on the House of Lords' decision in The Starsin, dealing with the construction of contracts and the scope of the Hague Rules


ISBN: 0023-933X

D J Galligan and D. Bilak, 'Administrative Justice Reform in Bulgaria: Necessity and Opportunity' (Ministry of Justice, Sofia 104 2003)

W E Peel, 'Affirmation by Termination' (2009) 125 Law Quarterly Review 378   [Case Note]

J Freedman, 'Aligning Taxable Profits and Accounting profits: Accounting standards, legislators and judges' (2004) eJournal of Tax Research [...]

2004(1) 71-99


ISBN: 1448-2398

D Akande, Max du Plessis and Charles Jalloh, 'An African Expert Study on the African Union's Concerns About Article 16 of the Rome Statute of the ICC' (2010) Institute for Security Studies [...]

This African expert study on the African Union’s (AU) concerns about article 16 of the Rome Statute of the International Criminal Court (ICC) seeks to articulate a clearer picture of the law and politics of article 16 deferrals within the context of the AU’s repeated calls to the United Nations Security Council (UNSC) to invoke article 16 to suspend the processes initiated by the ICC against President Omar al-Bashir of Sudan. The lack of a formal reply by the UNSC to the AU request has resulted in AU member states deciding to withhold cooperation from the ICC in respect of the arrest and surrender of Bashir. In light of the AU’s continued concerns, questions have arisen about the UNSC’s exercise of the controversial deferral power contained in article 16. This culminated in the AU proposing that article 16 be amended to empower the UN General Assembly to act should the UNSC fail to decide on a deferral request after six months. Although states parties to the Rome Statute have shown little support for the AU’s proposed amendment to article 16, the merits of the AU proposal must be considered. A failure to engage with African government concerns about the deferral provision could further damage the ICC’s credibility in Africa. Constructive suggestions about the ‘article 16 problem’ must be developed in order to contribute towards resolving the negative stance that some African countries have taken towards the ICC. The challenge is to devise both legally sound and politically palatable options. For many Africans, the ICC’s involvement in Sudan has come to reflect the skewed nature of power distribution within the UNSC and global politics. The result is that the uneven political landscape of the post-World War II collective security regime has become a central problem of the ICC. It is also important to pay attention to the AU’s concerns and its request for an article 16 deferral of the Bashir indictment because the matters underlying the tension – how ICC prosecutions may be reconciled with peacemaking initiatives and the role and power of the UNSC in ICC business – are likely to arise in the future with respect to other situations. Solutions must be found to problems that may arise in working out the relationship between the UNSC and the ICC. The study therefore makes practical suggestions about how to resolve the concerns raised within certain African government circles and other developing nations about the relationship between the UNSC and the ICC, and the relationship between the ICC and peacemaking initiatives of governments and regional organisations. The spirit underlying the study is that a strong, independent and successful ICC is ultimately in Africa’s best interest as the continent works to tackle impunity. By the same token, it is equally in the ICC’s long-term interest to show greater sensitivity towards the specific interests and views of African states. It is for this reason that the position paper includes proposals for possible amendment of article 16, despite agreement among the experts of the project’s working group that such an amendment is unlikely considering the amount of support that would be required from states parties to enable the passing of an amendment. . . . The expert study began with the writing of a draft position paper on the article 16 issue. The draft was then circulated to a group of African and international experts from civil society and government, who provided written comments and participated in a two-day meeting in Addis Ababa in June 2010 to discuss the draft paper. The experts participated in their personal capacities and their views do not reflect the views of their organisations. Although the final position paper reflects the outcomes of the inputs and discussions among the expert group members, the contents of this paper must be attributed to the three authors rather than to members of the expert group.


ISBN: 978-1-920422-24-0

C Greenhalgh, M Rogers and C Helmers, 'An analysis of the association between the use of intellectual property by UK SMEs and subsequent performance' (UK Intellectual Property Office 2007)

C Greenhalgh, M Rogers and C Helmers, 'An analysis of the characteristics of small and medium enterprises that use intellectual property' (UK Intellectual Property Office 2007)

A Tzanakopoulos, 'An Effective Remedy for Josef K: Canadian Judge ‘Defies’ Security Council Sanctions through Interpretation' (2009) EJIL: Talk!

A Wilcox, R Young and C Hoyle, 'An Evaluation of the Impact of Restorative Cautioning: Findings from a Reconviction Study, Home Office Research Findings' (Home Office 255 2004)

R Stevens, 'An Opportunity to Reflect' (2005) 121 Law Quarterly Review   [Case Note] [...]

Casenote on Chester v Afshar. I presented this as a paper at a conference at the BIICL.


ISBN: 0023-933X

A Johnston and Hannes Unberath, 'Annotation on Joined Cases C-65/09 & C-87/09, Gebr. Weber GmbH v. Jürgen Wittmer and Ingrid Putz v. Medianess Electronics GmbH (judgment of 16 June 2011)' (2012) 48 Common Market Law Review 793   [Case Note]

J J W Herring, Robert H George and Peter G Harris, 'Ante-nuptial agreements: fairness, equality and presumptions' (2011) 127 Law Quarterly Review 335   [Case Note] [...]

discussion of Radmacher v Granatino


R George, J Herring and P G Harris, 'Ante-Nuptial Agreements: Fairness, Equality, and Presumptions' (2011) 127 Law Quarterly Review 335   [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. .


J Donoghue, 'Anti-Social Behaviour and the Courts in England and Wales: Report of Findings.' (Oxford: University of Oxford. 2011)

J Donoghue, 'Anti-Social Behaviour, Community Engagement and the Judicial Role', paper presented at Invited Paper given at the University of Newcastle, School of Law Seminar Series, 23rd November 2011

J Goudkamp, 'Apparent Bias: Helow v Secretary of State for the Home Department' (2009) 28 Civil Justice Quarterly 183   [Case Note]

J Dill, 'Applying the principle of proportionality in combat operations' (2010) Oxford Institute for Ethics, Law and Armed Conflict - Policy Briefings

S Gardner, 'Appropriation in Theft: the Last Word? - R v Gomez [1993] AC 442' (1993) 109 Law Quarterly Review 194   [Case Note]

J M Finnis, 'Aquinas' Moral, Political and Legal Theory' (2005) Stanford Encyclopedia of Philosophy [...]

17,000-word article on many aspects of Aquinas's moral, political and legal theory.


W E Peel, 'Arbitration & anti-suit injunctions in the European Union' (2009) 125 Law Quarterly Review   [Case Note]

J Rowbottom, 'Article 10 and Election Broadcasts' (2003) 119 Law Quarterly Review 553   [Case Note]

S J Bright, 'Article 8 Again in the House Of Lords: Kay v Lambeth; Leeds CC v Price' (2006) 70 Conveyancer 294   [Case Note]

J Morgan, 'Asbestos and anxiety (Rothwell / Pleural Plaques litigation, CA)' (2006) CLJ 269   [Case Note]

R Bird, 'Asian Legal Research on the Internet', paper presented at International Association of Law Libraries Annual Course, Melbourne, September  16, 1999

D Sarooshi, 'Aspects of the World Trade Organization’s Telecommunications Regime' Technology Disputes International 2

D Sarooshi, 'Aspects of the World Trade Organization’s Telecommunications Regime' (2009) TECHNOLOGY DISPUTES INTERNATIONAL

J M Eekelaar, 'Asset Distribution on Divorce - the Durational Element' (2001) 117 Law Quarterly Review 552   [Case Note] [...]

Discussion of methods of allocating property on divorce


R Stevens and Teun Struycken, 'Assignment and the Rome Convention' (2002) Law Quarterly Review 15   [Case Note] [...]

Casenote on Raffeiesen Zentralbank Osterreich AG v Five Star General Trading LLC


ISBN: 0023-933X

A Tzanakopoulos, 'Attribution of Conduct to International Organizations in Peacekeeping Operations' (2009) EJIL: Talk!

P S Davies, 'Auditors? Liability: no need to detect fraud?' (2009) 68 CLJ 505   [Case Note]

G Loutzenhiser, 'Australia’s Future Tax System: The Prospects After Henry' [2012] British Tax Review 579   [Review]

O Radley-Gardner, 'B. Markesinis, Comparative Law in the Courtroom and the Classroom' (2004) 8(1) Edinburgh Law Review 141   [Review] [...]

Review of the above.


P S Davies, 'Bank Charges and Unfair Terms' (2008) 67 CLJ 466   [Case Note]

P S Davies, 'Bank charges in the Supreme Court' (2010) 69 CLJ 21   [Case Note]

A Higgins, 'BATAS v Laurie: apprehended bias and actual failure of case management ' (2011) Civil Justice Quarterly 246   [Case Note]

J Pila and D Brennan, 'Battle for academic credit separates junior teams from heavyweights' (2002) Sydney Morning Herald

L Green, 'Because Everyone Thinks So: Hume on Authority and Common Opinion' (2010) Oxford Legal Research Paper Series [...]

Many legal and political philosophers think that common attitudes to authority impose powerful constraints on justification. In particular, they often think sceptical theories are objectionably inconsistent with the common view that everyone has a duty to obey the law. The most influential argument of this sort is due to David Hume, and it is his version that is here tested. The paper argues that common opinion lacks is less probative than Hume thinks, and that his related objections to consent theory fail. There is no reason to think our common views of political authority are as Hume, and many others, think there are. There is no reason to exempt widely-held common views about moral matters from scrutiny in light of the genesis of those views. There is reason to think that, in politics as in religion, what Hume called 'superstitions' are quite common.


S Green, 'Benjamin's Sale of Goods' [2007] Journal of Business Law 323   [Review]

V Moreno Lax, 'Beyond SAADI v UK: The “Necessity” Requirement for Administrative Detention of Asylum Seekers in the EU' (2010) FR-31 REFGOV WP Series

V Moreno Lax, 'Book Review: A Hurwitz, The Collective Responsibility of States to Protect Refugees, Oxford: Oxford University Press, 2009, ISBN 978-0-19-927838-1' (2010) 12(1) European Journal of Migration and Law 133-142.   [Review]

P Eleftheriadis, 'Book Review: Governing With Judges by Alec Stone Sweet' (2001) 72 Political Quarterly 402   [Review]

V Moreno Lax, 'Book Review: M Geiger and A Pécoud (eds), The Politics of International Migration Management, Basingstoke: Palgrave MacMillan, 2010, ISBN: 9780230272583' (2012) 25(1) Journal of Refugee Studies 166-167.   [Review]

P Eleftheriadis, 'Book Review: Social Rights Under the Constitution, by C. Fabre' (2001) 72 Political Quarterly 133   [Review]

I Goold, 'Book Review: The Right to Life and Conflicting Interests by E Wicks' (2011) 5 European Human Rights Law Review 629–631   [Review]

R Bird, 'Breadth and Depth of Librarianship - Returning to the Fold', paper presented at Inaugural Law Librarians Symposium, Melbourne, October 4, 1996 [...]

in Australian Law Librarian, December 1996


C Hodges, C Hodges, J Peysner and A Nurse, 'C Hodges, J Peysner and A Nurse, Litigation Funding. Status and Issues (Centre for Socio-Legal Studies, Oxford and Lincoln University, 2012), at ' (2012)

O Radley-Gardner, 'C. Rotherham, Proprietary Remedies in Context' (2004) Zeitschrift fuer Europaeisches Privatrecht 210   [Review] [...]

Review in German of the above book.


D Dwyer, 'Can a Marriage be Delayed in the Public Interest so as to Maintain the Compellability of a Prosecution Witness?: R (on the application of the Crown Prosecution Service) v Registrar General of Births, Deaths and Marriages [2001] EWCA Crim 2834' (2003) 7 International Journal of Evidence and Proof 191   [Case Note]

E J F Simpson, 'Capital Gains Tax' (2008) OUP 99 [...]

Brief legal encyclopedia entry


ISBN: 978-0-19-929054-3

J Armour, 'Capital Maintenance’, in ESRC Centre for Business Research' (2000) Literature Survey on Factual, Empirical and Legal Issues 166

D P Nolan, 'Carriage of Goods by Sea, 2nd edn' (2012) 128 Law Quarterly Review 469   [Review]

faculty account, 'Case citation'

L Ferguson, 'Case Comment: ‘Retroactivity, Social Obligation, and Child Support’' (2006) 43 Alberta Law Review 1049   [Case Note]

WG Ringe, 'Case note on case C-112/05 Commission v Germany (VW law)' (2008) 45 Common Market Law Review 537   [Case Note] [...]

The VW case is the latest in the series of "golden shares" cases. Whilst the previous cases concerned special rights the State was granted, the VW law provided provisions that applied equally to all shareholders. The ECJ was therefore tempted to open the assessment of general rules of company law and their compatibility with the free movement of capital. However, the Court ultimately refrained from delivering a clear statement.


ISBN: 0165-0750

A C L Davies, 'Casual Workers and Continuity of Employment' (2006) 35 Industrial Law Journal 196   [Case Note] [...]

DOI: 10.1093/indlaw/dwl015

Casenote on Cornwall CC v Prater (CA)


ISBN: 0305 9332

J Morgan, 'Causation and the compulsive gambler (Calvert v. William Hill)' (2009) CLJ 268   [Case Note]

S Gardner, 'Causation in Homicide - R v Cheshire [1991] 1 WLR 844' (1992) 108 Law Quarterly Review 24   [Case Note]

S Douglas-Scott, 'Chalmers, Tomkins etc. ‘European Union Law ' (2007) European Public Law   [Review]

D Erdos, 'Charles Parkinson, Bills of Rights and Decolonization:  The Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories (Oxford:  Oxford University Press)' (2008) 8 Oxford University Commonwealth Law Journal 129   [Review]

J Pila, 'Chemical Product Patents and Biogen Insufficiency Before the House of Lords' (2009) 125 Law Quarterly Review 573-578   [Case Note]

R George, 'Child Abuse: Law and Policy Across Boundaries, by Laura Hoyano and Caroline Keenan' (2009) 23 The International Journal of Law, Policy and the Family 230   [Review]

Y-K Chin, 'China?s Communication Policies on Transborder TV Dramas Flows', paper presented at Tamkang University 2002 International Communication Convention, Taipei, Taiwan, ROC

P Nebbia, 'CIF v autorita garante della concorrenza e del mercato' (2004) 41 common market law review 839   [Case Note] [...]

Comment to the ECJ decision on the scope of the State action defence in competition infringements


ISBN: 0165-0750

E Descheemaeker, 'Civiliser la common law. L'exemple de l'enrichissement sans cause [Civilianising the common law: the case of unjust enrichment]', paper presented at L'enseignement et la recherche en droit français au Royaume-Uni et en Irlande [Teaching and Researching French Law in the United Kingdom and Ireland], Maison Française d'Oxford (10 October 2009) [...]

Cette contribution aborde la question de l’enseignement et de la recherche en droit français au Royaume-Uni sous un angle décalé, replaçant le droit français dans le contexte historico-géographique plus large de la tradition romaniste à laquelle il appartient. L’Angleterre montre à cet égard une aptitude à dialoguer avec l’autre tradition juridique européenne qui n’a – on ne peut que le regretter – pas d’équivalent en France. Nous utilisons l’exemple du droit de l’enrichissement sans cause (« law of unjust enrichment » ou « law of restitution ») pour illustrer le caractère profondément créatif de ce dialogue. Avec Peter Birks (1983 : An Introduction to the Law of Restitution ; 2003 : Unjust Enrichment), on voit ainsi apparaître et se développer une discipline nouvelle crée par la surimposition d’une structure romaniste, dérivée de Gaius et Grotius, sur les vieux matériaux tant de la common law au sens strict que de l’equity, qui formaient jusque là une jungle remédielle sans cohérence analytique (actions de quantum meruit ou quantum valebat, quasi-contrats, constructive ou resulting trusts, etc). Le dialogue avec la tradition romaniste moderne y est aussi constant (voir la révolution copernicienne de Birks en 2003, inspirée par Sonja Meier du Max-Planck-Institut et alignant le droit anglais sur le droit allemand).

Par contraste, le droit français de l’enrichissement sans cause apparaît coupé de ces courants doctrinaux paneuropéens que l’on peut comparer à un nouveau ius commune. L’une des raisons principales en est certainement l’ignorance du droit romain qui, joint à un droit comparé qui ne dépasse que rarement le stade décoratif, coupe la doctrine française à la fois de ses racines et de ses voisins. La cohérence du droit national en est affectée (exemple de la condition d’appauvrissement du demandeur en sus de l’enrichissement du défendeur, qui est considérée comme une évidence alors qu’elle n’est exigée ni en droit allemand ni en droit anglais). A l’inverse, les bons juristes britanniques ont en général à la fois une connaissance substantielle du droit romain (obligatoire à Oxford et Cambridge ; Birks était professeur de droit romain avant d’être un common-law lawyer) et aussi une conscience aiguë de la dimension historique de leur droit. L’exemple de l’enseignement et de la recherche anglaise en droit de l’enrichissement sans cause nous donne ainsi des indications précieuses sur la manière d’orienter notre enseignement et notre recherche en France.


L Lazarus, 'Civilizing Security by I Loader and N Walker' (2008) Public Law Winter   [Review]

A Ezrachi, 'Clearstream' (2010) Journal of European Competition Law and Practice   [Case Note]

D P Nolan, 'Clerk and Lindsell on Torts (18th edn) ' (2001) 6 Construction and Engineering Law 48   [Review]

D Dwyer, 'Closed Evidence, Reasonable Suspicion and Torture: A and Others v Secretary of State for the Home Dept [2004] EWCA Civ 1123' (2005) 9 International Journal of Evidence and Proof 126   [Case Note]

A Briggs, 'Co-ownership and an equitable non sequitur' (2012) 128 Sweet & Maxwell, Law Quarterly Review 183   [Case Note] [...]

Comment on one, but important, aspect of the judgments in Jones v Kernott, pointing out the flaw in the application of the maxim that equity follows the law in the law of co-ownership of land.


ISBN: 0023 933X

R George, 'Cohabitants' Property Rights: When Is Fair Fair?' (2012) Cambridge Law Journal 31   [Case Note]

A J B Sirks, 'Collective liability in fiscal matters in Late Antiquity?', paper presented at Editrice Scientifiche, Napoli 587

Simon Whittaker, 'Comments on ‘Abuse of Law’ in European Private Law' (2011)

J M Finnis, 'Common Law Constraints: Whose Common Good Counts?' (2008) Oxford Legal Studies Research Paper 10/2008 [...]

Examines the history and meaning of the Colonial Laws Validity Act 1865 as it bears on the issues in Bancoult (No.2); critiques the constitutional theory deployed in Quark Fishing.


J Cartwright, 'Common Mistake in Common Law and in Equity' (2002) 118 Law Quarterly Review 196   [Case Note] [...]

Case note on Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Toulson J).


ISBN: 0023-933X

J Donoghue, 'Community Engagement and the Courts' (2011) Magistrate Magazine (forthcoming)

J Payne, 'Company Contracts and Director's Authority' [2010] Lloyd's Maritime and Commercial Law Quarterly 187   [Case Note]

Sandra Fredman, L Lazarus and Chris McConnachie, 'Comparative Hate Speech Law: Oxford Pro Bono Publico Memorandum for the Legal Resources Centre (South Africa)' (2011) [...]

This memorandum was prepared for the Legal Resources Centre, South Africa to assist in the preparation of submissions in two hate speech cases to be heard by the Supreme Court of Appeal: Herselman v Geleba and Afriforum v Malema


C Greenhalgh and M Rogers, 'Competition, Innovation and IP' (UK Intellectual Property Office 2011) [...]

as Supporting Paper H to the Hargreaves Review of IP and Growth


P Eleftheriadis, 'Constitution or Treaty?' (2004) The Federal Trust Online Paper 12/04 1 [...]

A discussion of the Draft EU Constitution


TAO Endicott, 'Constitutional Logic' (2003) 53 University of Toronto Law Journal 201   [Review] [...]

Review article on Mark Elliott, The Constitutional Foundations of Judicial Review (Hart 2001).

(pre-publication version)


ISBN: 0042-0220

A Briggs, 'Construction of an arbitration agreement: deconstruction of an arbitration clause' [2008] Lloyd's Maritime and Commercial Law Quarterly 1   [Case Note] [...]

Analysis of decision in and consequences of Fiona Trust & Holding Corp v Privalov


ISBN: 0306 2945

Christopher Hodges, I Benöhr and Naomi Creutzfeldt-Banda, 'Consumer-to-Business ADR Structures:' (2012) The Foundation for Law, Justice and Society

P S Davies, 'Contract and unjust enrichment: a blurry divide' (2010) 126 LQR 175   [Case Note]

A J B Sirks, 'Contractus e contrahere', paper presented at Atti del Convegno internazionale di diritto romano 2010 Copanello (forthcoming) [...]

What was the original meaning of contractus? it is argued, on basis of linguistic and philosophical arguments, that it designated originally a unilateral subjective legal act, which during the second century was reinterpreted, by way of the conventio-concept, as a bilateral legal act.


S Green, 'Contributing to the Risk of Confusion? Causation in the Court of Appeal' (2009) 125 Law Quarterly Review 44   [Case Note]

J Goudkamp, 'Contributory Negligence and Trespass to the Person' (2011) 27 Law Quarterly Review 518   [Case Note]

S J Douglas, 'Converting Contractual Rights: OBG v Allan' [2008] [2008] LMCLQ 322   [Case Note]

J Pila, 'Copyright and Internet Browsing' (2012) 128 Law Quarterly Review 204–208   [Case Note]

J Armour, J. Bates, S. Deakin and M. Whincop, 'Corporate Governance via the Listing Rules' (UK Listing Authority 2003)

J Cartwright, 'Cour de Cass, 26.11.2003 - 'Perte de Chance': English case note' (2005) 13 European Review of Private Law 455   [Case Note] [...]

Comparative case note on a decision of the Cour de cassation


ISBN: 0928-9801

J Cartwright, 'Cour de Cass, Ass Plén, 6 décembre 2004: English case note' (2006) 14 European Review of Private Law 789   [Case Note] [...]

Comparative (English/French law)case note on recent leading decision in French law on the transfer of the benefit of a rent guarantee.


ISBN: 0928-9801

A L Young, 'Courts and Political Institutions: a Comparative View' [2004] Public Law 463   [Review]

J Donoghue, 'Courts, Communities and the Big Society' (2011) Available on Crime Talk at: http://www.crimetalk.org.uk/archive/section-list/38-frontpage-articles/438-courts-communities-and-the-big-society.html [...]

Anti-social behaviour is a serious and pernicious social problem in a significant number of areas and communities across Britain; its effects must not be understated or minimised. Consequently, efforts to enhance levels of engagement between affected communities and the courts should be welcomed. However, strategies to improve liaison between the judiciary and communities are certainly not unproblematic for a variety of reasons which I will discuss below. Drawing upon my own recent research (Donoghue 2010; also 2008 and 2007), I will identify the challenges and opportunities ahead for improved engagement between magistrates’ courts and our communities.


S Gardner, 'Criminal Defences by Judicial Discretion - R v Kingston [1995] 2 AC 355' (1995) 111 Law Quarterly Review 177   [Case Note]

R Ekins and W Brookbanks, 'Criminal Injustice and the Proposed "Three Strikes" Law' (2010) Guest Paper, April 2010, Maxim Institute

D Dwyer, 'Criminal Procedure (Insanity) Act 1964: compatibility with Article 6 of the European Convention on Human Rights.: R v H [2003] UKHL 1' (2003) 67 Journal of Criminal Law 307   [Case Note]

I Loader, 'Criminology in a hot climate' (2010) Public Lecture, British Library

F McNeill, R Burnett and T McCulloch, 'Culture, Change and Community Justice' (2010) The Scottish Centre for Crime and Justice Research

L Zedner, 'Dangers of Dystopias in Penal Theory - Extended review of David Garland, The Culture of Control: Crime and Social Order in Contemporary Society (Oxford: Oxford University Press, 2001).' (2002) 22 Oxford Journal of Legal Studies 341   [Review] [...]

Extended review of David Garland The Culture of Control: Crime and Social Order in Contemporary Society (Oxford: Oxford University Press, 2001).


ISBN: 0143-6503

E Descheemaeker, 'Defamation and Truth: Two Models of Defamation', paper presented at SLS Conference, Southampton (13 September 2010)

J Goudkamp, 'Delay in Commencing Proceedings within the Limitation Period in Australia' (2007) 26 Civil Justice Quarterly 185   [Case Note]

L Lazarus, 'Delivering Rights: How the Human Rights Act is Working by J Jowell and J Cooper' (2004) Public Law Winter   [Review]

A L Young, 'Democracy through law' [2006] Public Law 873   [Review] [...]

Book review of Johan Steyn, Democracy through Law.


ISBN: 0033-3565

J Dickson, 'Descriptive Legal Theory' (2006) IVR Encyclopaedia of Jurisprudence, Legal Theory and Philosophy of Law [...]

This article was commissioned by the then editor of the IVR Encyclopaedia of legal philosophy. The article surveys and critically evaluates "descriptive" approaches to legal theory in light of recent challenges to the possibility and usefulness of this approach to jurisprudence


M. Hough, J Roberts, J. Jacobson, N. Steele, and N. Moon, 'Determining Crime Seriousness and the Custody Threshold: An Analysis of the Public’s View' (London: Sentencing Advisory Panel 2009)

P Nebbia, 'DGFT v First National Bank' (2003) 40 common market law review 983   [Case Note] [...]

Comment to the House of Lord decision that unltimately examines the role of the european court of justice and of preliminary rulings in law harmonization


ISBN: 0165-0750

R G Hood and M Feilzer, 'Differences or discrimination? Minority ethnic young people in the youth justice system' ( 248 2004) [...]

This book reports an empirical study which was directed by Roger Hood with the fieldwork and statistical analysis being carried out by Martina Feilzer, then a research officer at the Oxford Centre for Criminology. The book was jointly written by Martina Feilzer and Roger Hood.


N Lacey, 'Differentiating among Penal States' (2010) 61 British Journal of Sociology 778   [Review]

J Payne and Prof D Prentice, 'Director's Fiduciary Duties' (2006) 122 LQR 558   [Case Note]

D J Galligan and Z. H. Zafirov, 'Discretionary Powers in Macedonia' (OSCE (Organizatioin for Security and Cooperation in Europe) 1 2011)

V Moreno Lax, 'Dismantling the Dublin System: M.S.S. v Belgium and Greece' (2011) SSRN Working Paper Series

M Kurkchiyan, 'Disputes and their Resolution in Russia and China' (2009) Foundation for Law Justice and Society

E Descheemaeker, 'Dividing Wrongs: The Civilian Experience', paper presented at 100th SLS Conference, Keele (7 September 2009) [...]

Contrary to English law which (despite procedural divisions) has only ever had one class of civil wrongs, the civilian tradition, starting with Gaius, has typically split its law of wrongs into two, one group being called “delicts” and the other “quasi-delicts”. Yet this division remains mysterious: it is clear neither where the line was drawn nor why a separation was made along this line. This paper provides the sketch of an answer to both questions, looking at Roman law and its principal heir French law. It also attempts to examines what the common lawyer might learn of relevance to his own tradition from an observation of the civilian experience of dividing wrongs.


E Descheemaeker, 'Dividing Wrongs: The Civilian Experience', paper presented at Civil Law Centre, University of Aberdeen (1 February 2010)

E Descheemaeker, 'Dividing Wrongs: The Civilian Experience', paper presented at Edinburgh Roman Law Group, University of Edinburgh (29 January 2010)

E Descheemaeker, 'Dividing Wrongs: The Civilian Experience', paper presented at Comparative Law Discussion Group, Institute of European and Comparative Law, University of Oxford (7 May 2009)

N. W. Barber, 'Does China Enjoy Greater Legitimacy Than Any Western State?' (2012) United Kingdom Constitutional Law Group

J Vidmar, 'Does General Assembly Resolution 67/19 Have Any Implications for the Legal Status of Palestine?' (2012) EJIL Talk!

E J F Simpson, 'DPP v Jones gains ground' (2004) 38018 Rights of Way Law Review 55   [Case Note] [...]

A note on the treatment of DPP v Jones in Westminster City Council v Haw.


ISBN: 0961-5741

S Gardner, 'Duress in Attempted Murder - R v Gotts [1001] 1 QB 660' (1991) 107 Law Quarterly Review 389   [Case Note]

S Gardner, 'Duress in the House of Lords - R v Gotts [1992] 2 AC 412' (1992) 108 Law Quarterly Review 349   [Case Note]

A Higgins, 'ECJ confirms no privilege for in-house counsel: Azko Nobel v European Commission' ' (2011) Civil Justice Quarterly 113   [Case Note]

D P Nolan, 'Economic Duress and the Availability of a Reasonable Alternative' (2000) Restitution Law Review 105   [Case Note]

J S Getzler, 'Economics of Hate Speech, review of R.A. Posner, Frontiers of Legal Theory' (2002) Times Higher Education Supplement 28   [Review]

N Ghanea, 'Educational Reform in Iran: Human Rights Perspectives' , paper presented at

R Burnett, 'Effective practice in approved premises: a literature review. Home Office Research Study' (2004) Home Office

J Donoghue, 'Eighteenth and Nineteenth Century Britain: The Original Yob Culture?', paper presented at Public Lecture, The British Museum, London. 18 May 2008

D Erdos, 'Elizabeth Wicks, The Evolution of a Constitution:  Eight key moments in British Constitutional History (Oxford:  Hart Publishing)' (2007) 17 Law & Politics Book Review 48   [Review]

S Green, 'Emerging Issues in Tort Law' (2008) 67 Cambridge Law Journal 429   [Review]

S J Bright, 'Ending Tenancies by Notice to Quit: the human rights challenge' (2004) 120 LQR 398   [Case Note] [...]

Case note


ISBN: 0023-933x

I Papanicolopulu, 'Enforcement Action in Contested Waters: The Legal Regime' , paper presented at 6th IHO-IAG ABLOS Conference: Contentious Issues in UNCLOS - Surely Not? [...]

Law enforcement is undoubtedly expression of the sovereignty of the State within its territory and of its sovereign rights and jurisdiction within its contiguous zone, exclusive economic zone and continental shelf. In the case of undelimited maritime boundaries, however, there could be two states claiming exclusive powers of enforcement. How is this situation to be dealt with? The presentation proposes to provide a set of criteria, drawn from the applicable rules of international law, primarily the 1982 United Nations Convention on the Law of the Sea, and from relevant decisions of international judges (ICJ, ITLOS, ECHR, Arbitral Tribunals) for assessing when a State may exercise enforcement action and determining how this action has to be conducted. The presentation will also provide indications as to the consequences of action not conforming to these rules, both at the level of State responsibility and of the admissibility of claims before international tribunals.


A Briggs, 'Enforcing and reinforcing an English judgment' [2008] Lloyd's Maritime and Commercial Law Quarterly 421   [Case Note] [...]

Analysis of the post-judgment orders made in the Masri litigation, and their contribution to the enforceability of an English commercial judgment.


ISBN: 03062945

P P Craig and others, 'England and Wales' (2010) 338

R G Hood, 'Enhancing EU Action Against the Death Penalty in Asia' (European Parliament, Directorate General for External Policies EXPO/B/DROI/2011/22 2012)

D P Nolan, 'Enterprise Liability and the Common Law' (2012) 41 Industrial Law Journal 370   [Review]

M R Macnair, 'Equity and Conscience' (2007) Oxford Journal of Legal Studies

N Ghanea, 'Ethnic and Religious Groups in the Islamic Republic of Iran' ( 28 2003)

R G Hood, Stephen Shute and Florence Seemungal, 'Ethnic Minorities in the Criminal Courts: Perceptions of Fairness and Equality of Treatment' (2003) Research series No. 2/03 Lord Chancellors Office, London 137 plus aendix: total 149 [...]

A large scale study, based on extensive interviews and observations, of the extent to which ethnic minority and white defendants and witnesses perceived their treatment to have been fair and free of ethnic bias.


ISBN: 1 84099 0481

J C McCrudden, Sandra Fredman and Mark Freedland, 'EU Charter of Fundamental Rights' (Minutes of Evidence, EU Charter of Fundamental Rights, Select Committee on the European Union, House of Lords, Session 1999-2000, 8th Report, HL Paper 67. 2000)

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

N. W. Barber, 'European Constitutionalism Beyond the State' [2004] Public Law 195   [Review]

C Hoyle, E Cape, R Morgan and A Sanders, 'Evaluation of the 'One Stop Shop' and Victim Statement Pilot Projects' (1998) Home Office RDSD

S J Bright, 'Eviction for Anti-social Behaviour' (2006) 70 Conveyancer 85   [Case Note]

J Goudkamp, 'Ex Turpi Causa and Immoral Behaviour in Tort Law' (2011) 27 Law Quarterly Review 354   [Case Note]

J S Getzler, 'Excluding fiduciary duties: the problem of investment banks' (2008) 124 Law Quarterly Review 15   [Case Note] [...]

Integrated investment banks trading in securities markets can end up acting against the interests of clients they advise in mergers and other deals. Typically the bank's retainer excludes fiduciary duties so as to allow the bank activities which otherwise would constitute conflicts of interest. In ASIC v Citigroup the Federal Court of Australia held that formal consent to such exclusions of duty sufficed, and that fully informed consent was not requisite. The problem of pervasive conflicts of interest in financial markets was identified, but the judge held that only a legislative solution would be legitimate.


ISBN: 0023-933X

Dr Emily Henderson, Professor Fred Seymour and Laura Hoyano, 'Expert Witnesses under Adversarial Examination in the Criminal and Family Courts' (2013) (forthcoming) [...]

This is an empirical research project funded by the New Zealand law foundation, examining how child protection experts experience the adversarial criminal trial system as compared with the more inquisitorial family court system,and the factors which inhibit them from choosing to become involved in expert testimony work. The Nuffield Foundation has invited the researchers to resubmit a funding proposal for a companion study of UK experts, which we will probably do following the conclusion of the New Zealand study, which should result in at least one Journal article.


N Ghanea, 'Expert workshops on the prohibition of incitement to national, racial or religious hatred (February 2011, Vienna) ' , paper presented at United Nations [...]

The Office of the High Commissioner for Human Rights (OHCHR) has organised, in 2011, a series of expert workshops on the prohibition of incitement to national, racial or religious hatred, as reflected in international human rights law. The objectives of the expert workshops are: •To gain a better understanding of legislative patterns, judicial practices and different types of policies, in countries of the various regions of the world, with regard to prohibiting incitement to national, racial, or religious hatred, while ensuring full respect for freedom of expression as outlined in articles 19 and 20 of the International Covenant on Civil and Political Rights; •to arrive at a comprehensive assessment of the state of implementation of this prohibition of incitement in conformity with international human rights law and; •to identify possible actions at all levels.


D Erdos, 'Explaining rights review outcomes : the case of the New Zealand Bill of Rights (1990)', paper presented at Socio-Legal Studies Association annual conference

J Goudkamp, 'Facing up to Actual Bias' (2008) 27 Civil Justice Quarterly 32   [Case Note]

R Burnett and G. Eaton, 'Factors Associated with Effective Practice in Approved Premises' (Home Office Online Report 33 2004)

R George, 'Fair Outcomes as Common Intentions: The Debate in Kernott v Jones' (2011) Family Law Week

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.


A Briggs, 'Fear and Loathing in Syracuse and Luxembourg' (2009) Lloyd's Maritime & Commercial Law Quarterly 161   [Case Note] [...]

Analysis of decision of European Court in C-185/07 Allianz SpA v West Tankers Inc.


ISBN: 03062945

S Gardner, 'Fiduciary Powers in Toytown - Mettoy Pension Trustees Ltd v Evans [1990] 1 WLR 1587' (1991) 107 Law Quarterly Review 214   [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]

R Williams and R Shiers, 'FII GLO (Chancery) and F J Chalke; tax and restitution developing hand-in-hand' [2009] British Tax Review 365   [Case Note] [...]

The authors examine the recent domestic decisions in the FII Group Litigation Order and F J Chalke, and demonstrate the significance of these taxation cases for the future development of the law of unjust enrichment. They consider in particular the impact of European case law in this area.


S Gardner, 'Fin de Siècle chez Gissing v. Gissing - Midland Bank Plc v Cooke [1995] 4 All ER 562' (1996) 112 Law Quarterly Review 378   [Case Note]

P S Davies, 'Finding the Limits of Contractual Interpretation' [2009] LMCLQ 420   [Case Note]

R Burnett, 'Fitting Supervision to Offenders: Assessment and Allocation in the Probation Service, Home Office Research Study' (1996) 153 Home Office

A C L Davies, 'Fixed-Term Employment in the European Schools: Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families' (2012) 2 European Labour Law Journal 182   [Case Note]

J S Getzler, 'Forfeiture for Breach of a Time Condition' (2004) 120 Law Quarterly Review 203   [Case Note] [...]

Recent High Court, Privy Council and House of Lords authorites investigate when equitable doctrine will allow relief against confiscation of an estate contract where a purchaser exceeds a time condition. In Tanwar v Cauchi the High Court resolves a confused set of authorities and tilts towards strict enforcement of duties.


ISBN: 0023-933X

N. W. Barber, 'Forms of Public Participation in the United Kingdom's Legislative Processes' (Chinese Academy of The Social Sciences 2009)

W E Peel, 'Forum Non Conveniens Revisited' (2001) 117 Law Quarterly Review 187   [Case Note] [...]

A casenote on the House of Lords' decision in Lubbe v Cape plc


ISBN: 0-421-755-407

A Briggs, 'Forum non satis: Spiliada and an inconvenient truth' (2011) Lloyd's Maritime & Commercial Law Quarterly 329   [Case Note] [...]

Note of the decision in AK Investment v Kyrgyz Mobil Tel


ISBN: 03062943

N Ghanea, 'FREEDOM OF EXPRESSION AND ADVOCACY OF RELIGIOUS HATRED THAT CONSTITUTES INCITEMENT TO DISCRIMINATION, HOSTILITY OR VIOLENCE: Articles 19 and 20 of the ICCPR' , paper presented at United Nations 47

J Rowbottom, 'Freedom of Speech in Election Broadcasts' (2002) 152 New Law Journal 679   [Case Note]

A Johnston, 'Freezing Terrorist Assets Again: Walking a Tightrope over Thin Ice?' (2008) Cambridge Law Journal 31   [Case Note]

Y-K Chin, 'From the local to the global: local discourse and TV policies in China', paper presented at 2006 Internationalising Media Studies: imperative and impediments Conference, University of Westminster, London

A Johnston, 'Frozen in Time? The ECJ Finally Rules on the Kadi Appeal' (2010) Cambridge Law Journal 1   [Case Note]

K Baker, S Jones, C Roberts and S Merrington, 'Further Development of Asset' (London: Youth Justice Board 2005)

J S Getzler, 'G. Moffat and others, Trusts Law: Text and Materials (3rd edition)' (2000) 14 Trust Law International 183   [Review]

J S Getzler, 'G. Morgan and P. Rushton, Rogues, Thieves and the Rule of Law' (2003) 21 Law and History Review 223   [Review]

J S Getzler, 'G.R. Rubin, Private Property, Government Requisition and the Constitution 1914-1927' (1995) 20 Social History Society Bulletin 68   [Review]

J Freedman, 'GAAR and the taxing of democracy: Special edition podcasts, Practical Law Company 6th October 2012. ' (2012)

I Bacik, C Costello and E Drew, 'Gender InJustice: Towards the Feminisation of the Legal Professions?' (Law School, TCD, Dublin 431 2003)

L Gullifer and Professor Sir Roy Goode, 'Goode on Legal Problems of Credit and Security (4th ed. edited by Louise Gullifer)' (2008) Sweet & Maxwell [...]

4th edition of this well-known key text by Sir Roy Goode


M R Freedland, 'Government by Contract Re-examined-- Some Functional Issues', paper presented at Oxford University Press 123 [...]

A chapter on the law and practice of government contracting in 'Law and Administration in Europe - Essays in Honour of Carol Harlow, edited by P Craig and R Rawlings.


ISBN: 0-19-926537-2

F Varese, 'Great Mobility' (2004) Times Literary Supplement '6   [Review]

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

J M Eekelaar, 'Helen Reece, Divorcing Responsibly' (2004) 31 Journal of Law and Society 272   [Review] [...]

Review of Helen Reece, Divorcing Responsibly


R Bird, 'History of the Bodleian Law Library' , paper presented at [...]

Presentation at BIALL Conference, together with James Heller, Professor and Director, Law Library, William and Mary , entitled From Oxford to Williamsburg: the evolution of legal education and law libraries across the pond.


J Freedman and others, 'HMRC’S Management of the UK Tax System: the Boundaries of Legitimate Discretion' (2010) Oxford University Centre for Business Taxation

J J W Herring, 'Home made apple pie and allowing children to die' (2010) 1 Durham Law Journal [...]

An article discussing the use of s. 5 Domestic Violence Crime and victims Act.


J Rowbottom, 'Homes for Votes, Bias and Political Purposes' (2002) 118 Law Quarterly Review 364   [Case Note]

N. W. Barber, 'House of Lords Reform: A Look in the Long Grass.' (2012) United Kingdom Constitutional Law Blog

J J W Herring, 'How to survive Christmas Rows' (2010)

I Loader, 'How, and why, to stop banking on prisons (2009 Perrie Lecture)' (2009) Prison Service Journal

P Eleftheriadis, 'Human Rights for Liberals' (2010) 3 Global Justice: Theory, Practice, Rhetoric 42 [...]

James Griffin’s rich and elegant study, On Human Rights (Oxford, 2008), is a superbly accomplished book. Its range is impressive. It offers a discussion of the general status of values, a general theory of rights, concrete accounts of the right to welfare, the right to privacy, the right to life, the link with democracy and the idea of group rights, among other things. At every stage we are treated to a clear, rigorous and elegant discussion full of broad learning and penetrating judgment, which readers of Griffin’s earlier books have perhaps learned to expect. Yet, the view of human rights that Griffin defends is strangely narrow and unfamiliar in that it is not connected to any political or legal framework.


ISBN: ISSN: 1835-6842

D Sarooshi, 'Humanitarian Intervention and Humanitarian Assistance: Law and Practice' (Wilton Park Papers (HMSO) 86 1 1994)

D Erdos, 'Ian Greene, The Courts (Vancouver, BC:  UBC Press)' (2006) 16 Law & Politics Book Review   [Review]

CJ Tams and A Tzanakopoulos, 'IGH: Gutachten zur Unabhängigkeit Kosovos' (2011) 59 Vereinte Nationen 80   [Case Note] [...]

Abstract: Short comment on the ICJ's Kosovo Advisory Opinion in German.

ISBN: 0042-384X

M Bosworth, 'Immigration Detention' (2008) 71 Criminal Justice Matters 24

M Bosworth, 'Immigration Detention and Foreign Nationals in Prison' (2008) 180 Prison Service Journal 18

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

E Descheemaeker, 'In Memoriam: Peter Brian Herrenden Birks' (2004) 56 Revue internationale de droit comparé 961

R Ekins and C Huang, 'In Search of Better Lawmaking: Why the Regulatory Responsibility Bill won't deliver what it promises' (2011) Guest Paper, February 2011, Maxim Institute

D Kimel, 'Inadvertent Recklessness in Criminal Law' (2004) 120 Law Quarterly Review 548   [Case Note]

J S Getzler, 'Inconsistent Fiduciary Duties and Implied Consent' (2006) 122 Law Quarterly Review 1   [Case Note] [...]

Describes the tightening of the application of the loyalty rules for fiduciaries such as solicitors, so as to prevent them serving two clients with inconsistent interests. Attempts to find an implied consent to limitation of the demanding sole interest duty of loyalty in the Court of Appeal are rejected in the House of Lords decision in Hilton v Barker Booth & Eastwood [2005] UKHL 8; [2005] 1 W.L.R.567.


ISBN: 0023-933X

G Loutzenhiser and Stuart Adam, 'Integrating Income Tax and National Insurance: An Interim Report' (2007) Institute for Fiscal Studies Working Paper [...]

The report considers the merits of integrating income tax and national insurance contributions.


Y-K Chin, 'Integration into Global Capitalism or Modernisation with Chinese Characteristics?: The shifting patterns of China?s television sector and ideological debates amid the WTO entry', paper presented at Transnational Media Corporations and National Media Systems: China after entry into the World Trade Organisation Conference, The Bellagio Study and Conference Centre, Rockefeller Foundation, Italy

C Greenhalgh and others, 'Intellectual Property Enforcement in Smaller UK Firms' (UK Intellectual Property Office 2010) [...]

a report for the Strategic Advisory Board for Intellectual Property Policy (SABIP), UK Intellectual Property Office October 2010 http://www.ipo.gov.uk/ipresearch-ipenforcement-201010.pdf


C Greenhalgh and P Hayward, 'Intellectual Property Research: a review of the economic and socio-legal literature. ' (ESRC 1994) [...]

Report commissioned by C. Caswill, Research Director of the Economic and Social Research Council.


C Greenhalgh and M Longland, 'Intellectual Property Scoreboards for the UK in 2000' (UK Patent Office 2003)

G Loutzenhiser, 'International Commercial Tax' [2011] British Tax Review 229   [Review]

J Dickson, 'Interpretation and Coherence in Legal Reasoning' (2001) (Fall 2001 Edition, revised June 2005 and September 2009) The Stanford Encyclopedia of Philosophy (ed. - E. Zalta) [...]

Fully peer reviewed encyclopaedia article discussing the nature of legal reasoning and, in particular, the role of interpretation and coherence in legal reasoning. The Stanford Encyclopaedia of Philosophy is an important reference resource for legal philosophers. 10000 words approx.


ISBN: 1095-5054

P S Davies, 'Interpreting commercial contracts: a case of ambiguity?' [2012] LMCLQ 26   [Case Note]

P S Davies, 'Interpreting Commercial Contracts: Back to the Top' (2011) 127 LQR 185   [Case Note]

N E Stavropoulos, 'Interpretivist Theories of Law' (2003) Stanford Encyclopedia of Philosophy

Laura Hoyano, Caroline Keenan, Gwynn Davis and Lee Maitland, 'Interviewing Allegedly Abused Children with a View to a Criminal Prosecution', paper presented at Criminal Law Review 863

S R Weatherill, 'Is constitutional finality feasible or desirable? On the cases for European constitutionalism and a European Constitution' (2002) Constitutionalism Web-Papers (ConWEB), University of Manchester, Paper No 7/2002

S Gardner, 'Is Theft a Rip-Off? - Dobson v General Accident Fire and Life Assurance Plc [1990] QB 274' (1990) 10 Oxford Journal of Legal Studies 441   [Case Note]

Jackson, 'Isaacs and Vernon, Accountability for Collective Wrongdoing' (2011) 5 European Human Rights Law Review 626   [Review]

S Gardner, 'Joint Enterprise - R v Powell; R v English [1991] 1 AC 1' (1998) 114 Law Quarterly Review 202   [Case Note]

G Loutzenhiser, 'Jones v Garnett: Court of Appeal puts HMRC on ice' [2006] British Tax Review 140   [Case Note] [...]

Case note on Jones v Garnett Court of Appeal


G Loutzenhiser, 'Jones v Garnett: High Court gives taxpayer the cold shoulder' [2005] British Tax Review 401   [Case Note] [...]

Extensive case note on Jones v Garnett with considerable policy discussion.


L Green, 'Jurisprudence for Foxes' (2012) Oxford Legal Studies Research Paper [...]

This paper contests Brian Simpson's claim that HLA Hart's book, The Concept of Law, is that of a 'hedgehog,' that is, a monistic thinker. It is not. Hart's work is pluralist both in its explanatory concepts and in its evaluative background. Some conjectures are offered as to why Simpson so misunderstood Hart, and as to why analytic legal philosophy is misunderstood, or distrusted, more generally.


J Morgan, 'Jus suum cuique (Vellino v. Chief Constable of Manchester)' (2002) 118 LQR 527   [Case Note]

A L Young, 'K Ewing, "Bonfire of the Liberties": Book Review' (2010) 6 European Human Rights Law Review 659   [Review]

J S Getzler, 'K.M. Teeven, Promises on Prior Obligations at Common Law' (2001) 5 Edinburgh Law Review 108   [Review]

A Tzanakopoulos, 'Kadi II: The 1267 Sanctions Regime (Back) Before the General Court of the EU' (2010) EJIL: Talk!

WG Ringe, 'Keine Beschränkungen des Wegzugs von Gesellschaften innerhalb der EU (\"Cartesio\")' (2008) 29 Zeitschrift für Wirtschaftsrecht (ZIP) 1072   [Case Note] [...]

Comment on Advocate General Maduro's opinion in case C-210/06 (Cartesio) on the possibility to transfer a company's head office across the border.


ISBN: 0723-9416

J Pila and J MacPhail, 'Kettle Chip Co Pty Ltd v Apand Pty Ltd, 46 FCR 152 (Federal Court of Australia 1993)' (1994) 3 EIPR D   [Case Note]

R Bird, 'Knowledge management in theory and practice', paper presented at Australian Legal Aid Managers Annual Conference, Melbourne June 2003

A L Young, 'Koopmans: Courts and Political Institutions: A Comparative View' [2003] Public Law 434   [Review] [...]

Book review.


ISBN: 0033 3565

A J B Sirks, 'L. Atzeri, Gesta senatus Romani de Theodosiano publicando. Il Codice Teodosiano e la sua diffusione ufficiale in Occidente, Berlin 2008' (2008) 76 Tijdschrift voor Rechtsgeschiedenis 251   [Review]

A Tzanakopoulos, 'La Grèce devant la Cour européenne des droits de l’homme' (2004) 57 Revue hellénique de droit international 554   [Review]

Simon Whittaker, 'La protection du consommateur contre les clauses abusives en Grande Bretagne' (2009) Commission des clauses abusives, France

R Williams, 'Lady & Kid and others v Skatteministeriet and Ministre du Budget, des Comptes publics et de la Fonction publique v Accor SA: Unjust Enrichment and the European Court of Justice, a loss of national competence and principle?' [2011] British Tax Review   [Case Note] (forthcoming) [...]

Casenote arguing that in two recent decisions, Lady & Kid and Accor, the ECJ has extended its involvement in national causes of action in unjust enrichment still further. But by denying all defences to such claims other than a very literal version of the passing on defence, without hearing proper principled argument on the range of defences which might be available, the ECJ has replaced a loss of competence at national level but not the corresponding loss of principled reasoning. The casenote argues that these decisions thus provide further evidence of the problematic nature of the ECJ's so-called 'remedies jurisprudence'.


S J Bright, 'Landowners Responsibility in Nuisance for Anti-social behaviour' (2003) 67 Conveyancer 171   [Case Note] [...]

Casenote on Winch v Mid-Beds


TAO Endicott, 'Law and Language' (2008) Stanford Encyclopedia of Philosophy [...]

A survey of relations between philosophy of law and philosophy of language. A historical note is followed by two sections explaining (1) how an understanding of the use of language in law is important to legal philosophy, and (2) some important ways in which legal philosophers (including Bentham, Hart, and Dworkin) have attempted to use philosophy of language to solve problems in philosophy of law.


ISBN: 1-58113-513-0

L Green, 'Law and the Causes of Judicial Decisions' (2009) 14/2009 Oxford Legal Research Paper Series 1 [...]

This paper tests Brian Leiter's claim that the American legal realists were proto-naturalists in legal philosophy and were thus immune to objections based on claims that they offered defective analyses of legal concepts. It disputes Leiter's account of the core claim of realist thought, and reaffirms the view that some of them were indeed engaged in, or presupposed, conceptual work of a kind familiar to analytic jurisprudence. It explains how those who did not intend to offer conceptual analyses nonetheless made conceptual errors. It offers a fresh account of the basis of the realists scepticism, here deploying the idea of 'permissive sources' of law. The paper concludes with reflections on the preconditions and prospects for 'naturalizing' jurisprudence, suggesting that Hans Kelsen was correct to think that such efforts will either fail, or will simply change the subject.


R George, 'Lawrence v Gallaher: Playing a Straight Bat in Civil Partnership Appeals?' (2012) Journal of Social Welfare and Family Law 357   [Case Note]

A Tzanakopoulos, 'Le pouvoir normatif du Conseil de sécurité' (2005) 58 Revue hellénique de droit international 655   [Review]

R George, 'Leading Cases in the Law of Tort, edited by Charles Mitchell and Paul Mitchell' (2010) Lloyd’s Maritime and Commercial Law Quarterly 520   [Review]

L Green, 'Legal Obligation and Authority' (2003) Stanford Encyclopedia of Philosophy [...]

Whatever else they do, all legal systems recognize, create, vary and enforce obligations. This is no accident: obligations are central to the social role of law and explaining them is necessary to an understanding of law's authority and, therefore, its nature. Not only are there obligations in the law, there are also obligations to the law. Historically, most philosophers agreed that these include a moral obligation to obey, or what is usually called “political obligation.” Voluntarists maintained that this requires something like a voluntary subjection to law's rule, for example, through consent. Non-voluntarists denied this, insisting that the value of a just and effective legal system is itself sufficient to validate law's claims. Both lines of argument have recently come under intense scrutiny, and some philosophers now deny that law is entitled to all the authority it claims for itself, even when the legal system is legitimate and reasonably just. On this view there are legal obligations that some of law's subjects have no moral obligation to perform.


L Green, 'Legal Positivism' (2003) Stanford Encyclopedia of Philosophy [...]

Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. The English jurist John Austin (1790-1859) formulated it thus: “The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry.” (1832, p. 157) The positivist thesis does not say that law's merits are unintelligible, unimportant, or peripheral to the philosophy of law. It says that they do not determine whether laws or legal systems exist. Whether a society has a legal system depends on the presence of certain structures of governance, not on the extent to which it satisfies ideals of justice, democracy, or the rule of law. What laws are in force in that system depends on what social standards its officials recognize as authoritative; for example, legislative enactments, judicial decisions, or social customs. The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it. According to positivism, law is a matter of what has been posited (ordered, decided, practiced, tolerated, etc.); as we might say in a more modern idiom, positivism is the view that law is a social construction. Austin thought the thesis “simple and glaring.” While it is probably the dominant view among analytically inclined philosophers of law, it is also the subject of competing interpretations together with persistent criticisms and misunderstandings.


J Dickson, 'Legal Positivism and Moral Scepticism: An Unholy Alliance?' (1999) 28 Anglo-American Law Review 243   [Review]

N. W. Barber, 'Legal Realism, Pluralism, and their Challengers' (2012) 76/2012 Oxford Legal Studies Research Paper

Veronika Fikfak and L Lazarus, 'Legal Research to assist with the drafting of Amendments to the Law on Criminal Procedure of Bosnia-Herzegovina - Report by Oxford Pro Bono Publico for Judge Malik Hadziomeragic, Supreme Court of the Federation of Bosnia and Herzegovina' (2005) [...]

This legal research was provided to Judge Malik Hadziomeragic, Judge of the Supreme Court of the Federation of Bosnia and Herzegovina, and member of Work Group for making a Draft on Amendments to the Law on Criminal Procedure of the Federation of Bosnia and Herzegovina. Judge Hadziomeragic asked for assistance with several specific research questions about English criminal procedure, as the Work Group is trying to incorporate as much as possible elements of English criminal procedure into its Draft on Amendments.


A Tzanakopoulos, 'Legality of Veto to NATO Accession: Comment on the ICJ’s Decision in the Dispute between fYR Macedonia and Greece' (2011) EJIL: Talk!

M Karavias and A Tzanakopoulos, 'Legality of Veto to NATO Accession: fYR Macedonia Sues Greece before the ICJ' (2008) 12 ASIL Insights

J Morgan, 'Liability for lost future business in contract (Jackson v. Royal Bank of Scotland)' (2005) CLJ 285   [Case Note]

J Rowbottom, 'Libel and the Public Interest' (2007) 66 Cambridge Law Journal 8   [Case Note]

J Goudkamp, 'Litigation Privilege: Timeless or Transient? Blank v Canada (Minister of Justice) ' (2007) 11 International Journal of Evidence and Proof 322   [Case Note]

W E Peel, 'Loss of a chance in medical negligence' (2005) 121 Sweet & Maxwell Ltd/Law Quarterly Review 364   [Case Note] [...]

A note of the House of Lords' decision in Gregg v Scott


ISBN: 0023-933X

J Morgan, 'Lost causes in the House of Lords (Fairchild v. Glenhaven Funeral Services)' (2003) 66 MLR 277   [Case Note]

W E Peel, 'Lost Chances and Proportionate Recovery' (2006) [2006] LMCLQ 289 289   [Case Note] [...]

a casenote on the HL decision in Barker v Corus


ISBN: 0306 2945

S J Bright and others, 'Low Cost Home Ownership: legal issues of the shared ownership lease' (2009) 73 Conveyancer 337   [Case Note]

J S Getzler, 'M. Grossberg and C. Tomlins, eds, The Cambridge History Of Law In America Vol iii: The Twentieth Century And After (1920-)' (2010) 14 Edinburgh Law Review 513   [Review]

J S Getzler, 'M. Taggart, Private Property and Abuse of Rights in Victorian England: The Story of Edward Pickles and the Bradford Water Supply' (2002) 66 Modern Law Review 819   [Review]

S Fredman, 'Making Equality Effective: The Role of Proactive Measures ' (2009)

A L Young, 'Making Rights Real: the Human Rights Act in its First Decade (Leigh and Masterman)' 68 Cambridge Law Journal 473   [Review]

S J Bright, 'Managing or Leasing?' (2005) Conveyancer 352   [Case Note]

C E Parau, 'Managing Sustainable Development by Michael Carley and Ian Christie (2000)' (2001) 6 Local Environment   [Review]

J Morgan, 'Manslaughter as a vicissitude of life (Gray v Thames Trains)' (2009) CLJ 503   [Case Note]

S Gardner, 'Manslaughter by Gross Negligence - R v Adomako [1995] 1 AC 171' (1995) 111 Law Quarterly Review 22   [Case Note]

J M Finnis, 'Marriage: A Basic and Exigent Good' (2009) Notre Dame Legal Studies Paper No 09-13 [...]

Same as Monist article of same title


A J B Sirks, 'Martin Avenarius, Der pseudo-ulpianische liber singularis regularum. Entstehung, Eigenart und Überlieferung einer hochklassischen Juristenschrift. Analyse, Neuedition und deutsche Übersetzung, Göttingen 2005' Gnomon 325   [Review]

I Papanicolopulu, 'Mauritius v. United Kingdom: Submission of the dispute on the Marine Protected Area around the Chagos Archipelago to arbitration ' (2011) Ejil:Talk!

I Papanicolopulu, 'Mediterranean Sea' (2010)

C Hoyle, Roderick Hill, Karen Cooper and Richard Young, 'Meeting Expectations: The Application of Restorative Justice to the Police Complaints Process' (Occasional Paper No. 21, Centre for Criminological Research 83 2003) [...]

Abstract: This report presents the findings of a two-year study examining the use of restorative justice within the police complaints system.

ISBN: 0 947811 20 6

A Bogg, 'Memorandum on Flexicurity and Working Time' (2007) House of Lords European Union Committee, Modernising European Union labour law: has the UK anything to gain? 22nd Report of 2006-07 115

S Douglas-Scott, 'Memorandum on the impact of the EU draft Constitution on the UK' (House of Lords Select Committee on the Constitution 2003)

F Varese, 'Messages from the Mafia' (2005) London Review of Books 31   [Review]

J Goudkamp, 'Michael Kirby: Paradoxes & Principles' (2012) University of Western Australia Law Review   [Review]

S Gardner, 'Moment of Truth for Knowing Receipt? - Charter Plc v City Index Ltd [2008] Ch 313' (2009) 125 Law Quarterly Review 20   [Case Note]

V Moreno Lax, 'Must EU Borders Have Doors for Refugees? ' (2008) CRIDHO Working Paper 2008/03

O Radley-Gardner, 'N. Hopkins, Informal Acquisition of Rights in Land' (2001) 117 Law Quarterly Review 501   [Review] [...]

Details as above


ISBN: 421755407

J M Finnis, 'Natural Law Theories' (2007) Stanford Encyclopedia of Philosophy

S Gardner, 'Necessity's Newest Inventions - R v Conway [1989] QB 290; R v Martin [1989] 1 All ER 652; Re F (Mental Patient: Sterilization) [1990] 2 AC 1' (1991) 11 Oxford Journal of Legal Studies 125   [Case Note] [...]

Cited in Re A (Children) (Conjoined Twins: Medical Treatment) (No 1) [2001] Fam 147, 230 (Lord Justice Brooke)


J Goudkamp, 'Negligence and Defendants with Special Skills' (2010) Cambridge Law Journal 8   [Case Note]

D P Nolan, 'Negligence Liability for Suicides in Custody' (2000) 8 Tort Law Review 91   [Case Note]

P S Davies, 'Negotiating the boundaries of admissibility' (2011) 70 CLJ 24   [Case Note]

P S Davies, 'No leapfrogging of contract in unjust enrichment' (2012) 71 CLJ 37   [Case Note]

W E Peel, 'No liability for service of an invalid notice of 'Event of Default'' (2006) 122 Thomson Sweet & Maxwell/Law Quarterly Review 179   [Case Note] [...]

a casenote on the HL decision in Concord Trust v Law Debenture Trust Corp


ISBN: 0023-933X

P Eleftheriadis, 'Not Quite Lawless' (2006) 77 Political Quarterly 294   [Review]

J Morgan, 'Nuisance, property and human rights (Marcic v. Thames Water Utilities, QBD)' (2002) 118 LQR 27   [Case Note]

J M Finnis, 'Observations for the Austral Conference to mark the 25th anniverary of Natural Law & Natural Rights' 13 , paper presented at Cuardernos de Extension Juridica, Facultad de Derecho de la Universidad de los Andes 27 [...]

Reflections on the genesis and deficiencies of Natural Law and Natural Rights* (1980)


ISBN: 9789567160464

Jennifer Robinson and L Lazarus, 'Obstacles for Victims of Corporate Human Rights Violations - Oxford Pro Bono Report for the UN Special Rapporteur on Business and Human Rights - Prof John Ruggie' (2008) [...]

OPBP prepared this submission to inform the mandate of Professor John Ruggie, the Special Representative of the United Nations' Secretary-General on business and human rights. It explores the obstacles victims of corporate human rights abuse face in accessing justice and obtaining remediation through domestic legal systems either in their own countries where the business operations and human rights abuse takes place or in the countries in which the alleged offending transnational corporation is registered or incorporated. It considers these obstacles in relation to 13 specific jurisdictions: Australia, Canada, the Democratic Republic of Congo, the European Union, France, Germany, India, Malaysia, the People's Republic of China, Russia, South Africa, the United Kingdom and the United States.


Oxford Pro Bono Publico and others, 'Obstacles to Justice and Redress for Victims of Corporate Human Rights Abuse' (2008) [...]

A comparative submission by Oxford Pro Bono Publico to the Special Representative of the UN Secretary-General on Business and Human Rights.


J Raz, 'On The Guise of the Good' (2008) Oxford Legal Research Paper Series 43/2008

L Gullifer, 'One Cause After Another' (2001) 117 Law Quarterly Review 403   [Case Note] [...]

Case note on causation in tort


ISBN: 0023-933X

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

R Bird, 'Open Access to Legal Information' , paper presented at [...]

An overview of free sources of online information in law, for Open Access week, 2011


M J Spence and Thomas Adam, 'Opposition in the EPO: An Underestimated Weapon?' (Olswang/OIPRC Study 2002) [...]

This is a Study analysing previously unpublished data about the process of opposing patents in the European Patent Office.


D P Nolan and S Meredith (eds), 'OSCOLA: The Oxford University Standard for Citation of Legal Authorities' (2012) 4th edn Hart Publishing

Miles Jackson, Patricia Jimenez Kwast and L Lazarus, 'Oxford Pro Bono Publico Memorandum for Reprieve UK and Clive Stafford Smith on Kiyemba v Obama ' (2009) [...]

This research concerned the content of the writ of habeus corpus as it existed in the UK in 1789


J S Getzler, 'P. Cane and M. Tushnet, Oxford Handbook to Legal Studies' (2005) 121 Law Quarterly Review 513   [Review]

J S Getzler, 'P. Goodrich, Oedipus Lex: Psychoanalysis, History, Law' (2000) 21 Journal of Legal History 141   [Review]

J S Getzler, 'P. Lahav, Judgment in Jerusalem: Chief Justice Simon Agranat and the Zionist Century' (2000) 63 Modern Law Review 788   [Review]

P Eleftheriadis, 'Paradoxes of EU Citizenship' (2012) 156 Solicitors Journal   [Case Note]

R George, 'Parenting After Partnering: Containing Conflict After Separation, edited by Mavis Maclean' (2009) 21 Child and Family Law Quarterly 122   [Review]

N. W. Barber, 'Parliamentary Immunity and Human Rights' (2003) 119 Law Quarterly Review 557   [Case Note]

Murray Hunt, Hayley Hooper and P Yowell, 'Parliaments and Human Rights: Redressing the Democratic Deficit' (AHRC Public Policy Series No.5 2012)

J Pila, 'Patentable Subject Matter' (Oxford Legal Research Paper Series 37/2008 2008)

J Pila, 'Patents for Genes and Methods of Analysis and Comparison' (2010) 126 Law Quarterly Review 534–538   [Case Note]

E J F Simpson, 'Paterson v Secretary of State for the Environment, Food and Rural Affairs [2010] EWHC 394 (Admin) ' (2010) RWLR   [Case Note]

I Loader, 'Penal Policy Takes a Regressive Turn' (2011) New Statesman ('The Staggers' blog)

J M Eekelaar and Mavis Maclean, 'Personal Relationships, Marriage and Morals' (Department of Social Policy and Social Work, University of Oxford 2004) [...]

Full account of rsearch project into perception of personal obligations by married and unmarried people


ISBN: 0-9541 703-5-0

M Ashdown, 'Pitt v Holt: What Next for the Rule in Re Hastings-Bass?' (2011) 1 Elder Law Journal   [Case Note] [...]

The Court of Appeal's decision in Pitt v Holt has largely brought the 'rule in Re Hastings-Bass' into line with orthodox trust law principle. This note considers the consequences of this re-evaluation for understanding of the detail of the rule's operation.


ISBN: 20449593

D Leczykiewicz, 'Pleural plaques, the concept of damage and liability for psychiatric injury' (2008) 124 Law Quarterly Review 548   [Case Note]

I Loader and L Zedner, 'Police Beyond Law? (Review Essay)' (2007) 10 New Criminal Law Review 142   [Review]

I Loader, 'Police commissioners will make the men in uniform more responsive to the public they serve ' (2012)

J Donoghue, 'Policy & Practice: Variation in the Use of Antisocial Behaviour Orders (ASBOs) in Scotland', paper presented at The Criminal Justice Social Network Development Centre, Perth. 21 November 2006

Y-K Chin, 'Policy Process, Policy Learning, and the Role of Provincial Media in China', paper presented at 2009 Society of Legal Scholar Centenary Conference, Keele University, UK

Y-K Chin, 'Policy Process, Policy Learning, and the Role of Provincial Media in China', paper presented at ECREA 2nd European Communication Conference, Barcelona, Spain

J Donoghue, 'Policy, Practice & Potential Pitfalls: Antisocial Behaviour Orders (ASBOs) & The Court System', paper presented at The Social Research Association, Edinburgh. 25 January 2007

D Leczykiewicz, 'Polish Constitutional Tribunal, Judgment of 27 April 2005, No. P 1/05, on the constitutionality of the European Arrest Warrant national implementation' (2006) 43 Common Market Law Review 1181   [Case Note]

J Rowbottom, 'Political advertising and the broadcast media' (2008) 67 Cambridge Law Journal 450   [Case Note]

A L Young and others, 'Political Libel in New Zealand' (2001) 117 Law Quarterly Review 175   [Case Note] [...]

Case report on Lange v New Zealand Television Corporation, contrasting New Zealand and English approach to political libels.


ISBN: 0023-933X

N. W. Barber and Alison Young, 'Political Libels in New Zealand' (2001) 117 Law Quarterly Review 175   [Case Note]

N Ghanea, 'Preaching and Practising: Freedom of Religion or Belief in the Commonwealth' (Report Commissioned by the Commonwealth Advisory Bureau, which in turn was commissioned and funded by the Canadian High Commission, London 2012) [...]

An examination of freedom of religion or belief as upheld in the constitutions of Commonwealth Member States and why the Commonwealth should hitherto acknowledge freedom of religion or belief more fully as part of the spectrum of Commonwealth concerns.


G Lamond, 'Precedent and Analogy in Legal Reasoning' (2006) Stanford Encyclopedia of Philosophy [...]

Arguments from precedent and analogy are two central forms of reasoning found in many legal systems, especially Common Law systems. Precedent involves an earlier decision being followed in a later case because both cases are the same. Analogy involves an earlier decision being followed in a later case because the later case is similar to the earlier one. The main philosophical problems raised by precedent and analogy are these: (1) when are two cases the ‘same’ for the purposes of precedent? (2) when are two cases ‘similar’ for the purposes of analogy? and (3) in both situations, why should the decision in the earlier case affect the decision in the later case?


ISBN: 1095-5054

A Tzanakopoulos, 'Principles on the Engagement of Domestic Courts with International Law: Preliminary Report of the ILA Study Group' (Report of the Seventy-Fifth Conference of the International Law Association 2012) [...]

This is the Preliminary Report of the Study Group on Principles on Engagement of Domestic Courts with International Law. It sets out the Study Group's underlying considerations and seeks to distill a set of principles which guide domestic court engagement with international law. It will be used by the Study Group as guidance for the completion of a number of national and thematic studies, which will then feed into the Study Group's final report.


R Burnett and S Maruna, 'Prisoners as Citizens' Advisers: the OxCAB-Springhill Partnership and its wider implications' (2004) Esmee Fairbairn Foundation 86

M Bosworth, 'Prisons' (2008) Oxford University Press

J Morgan, 'Privacy and breach of confidence (Douglas v. Hello!, CA)' (2005) CLJ 549   [Case Note]

J Morgan, 'Privacy in the House of Lords, again (Campbell v. MGN)' (2004) 120 LQR 563   [Case Note]

J Morgan, 'Privacy torts: out with the old, out with the new (Wainwright v. Home Office)' (2004) 120 LQR 393   [Case Note]

G Dinwoodie, 'Private International Aspects of the Protection of Trademarks (WIPO Doc. No. WIPO/PIL/01/4)' (2001)

R M Bagshaw, 'Private Nuisance and Defence of the Realm' (2004) 120 Law Quarterly Review 37   [Case Note] [...]

Casenote


ISBN: 0023933X

C Hoyle, R Young and R Hill, 'Proceed with Caution: An Evaluation of the Thames Valley Police Initiative in Restorative Cautioning' (Joseph Rowntree Foundation 85 2002) [...]

Abstract: This report on the findings of a three-year study conducted in the Thames Valley provides unique insight into the development and achievements of the first large-scale restorative justice programme in the UK.

ISBN: 1-84263-071-7

I Loader and R Muir, 'Progressive Police and Crime Commissioners: An Opportunity for the Centre Left' (London: Institute for Public Policy Research ('IPPR Original') 2011)

Simon Whittaker and John Carwright, 'Proposals for Reform of the Law of Obligations and the Law of Prescription; English translation of Avant-projet de réforme du droit des obligations et de la prescription (2005)' (2007) [...]

This translation (running to c. 100,000 words covers the proposed changes to the French Civil Code's law of contract, civil liability, unjustified enrichment and prescription, together with the introductory preambles and notes. At present it is published on the French Ministry of Justice Website (we were invited by the organiser of the project to make the translation for this purpose), but we shall republish it with notes etc and essays from 16 or so French and other colleagues later this year.


J Cartwright and S Whittaker, 'Proposals for Reform of the Law of Obligations and the Law of Prescription; English translation of Avant-projet de réforme du droit des obligations et de la prescription (2005)' (2007) [...]

Official translation into English of the Avant-projet de réforme du droit des obligations et de la prescription. Revised translation (2008) is published in J. Cartwright, S. Vogenauer and S. Whittaker: Reforming the French Law of Obligations (Hart Publishing, 2009)


D Akande, 'Prosecuting Aggression: The Consent Problem and the Role of the Security Council' (2010) [...]

This paper focuses on the conditions which ought to exist before the International Criminal Court can exercise jurisdiction over the crime of aggression. In particular, it addresses (i) whether the Court should be competent to exercise jurisdiction where the alleged aggressor State has either not accepted the amendment on aggression, or is not a party to the ICC Statute and (ii) whether ICC jurisdiction on aggression should be made dependent on the prior approval of the United Nations Security Council. The first issue is referred to here as the “consent problem” and the second the “Security Council problem/issue”. This paper argues that the consent problem raises a fundamental question of deeper significance than the textual or perhaps technical issues concerning the way in which the amendment concerning aggression might come into force under Article 121 of the Statute. The consent problem raises fundamental issues about the nature of the ICC as an international tribunal and about the principles governing the competence of international tribunals under international law. In particular, the consent issue raises important questions about the jurisdiction of international tribunals over non-consenting States and whether the ICC is to be regarded as bound by rules of international law that would ordinarily bind other international tribunals. This paper, outlines and explains the principle of consent as applied to the competence of international tribunals. There is a detailed discussion, in Section 2, of the application of the principle to cases before international tribunals where the tribunal is called upon to determine the rights and obligations of States not before the tribunal. In particular, this section discusses the Monetary Gold principle enunciated by the International Court of Justice. According to that principle, the Court will not adjudicate on a case where the Court would be required, as a necessary prerequisite, to adjudicate on the rights or responsibilities of a non-consenting and absent third State. It is argued that this principle is simply an application of the more general principle of consent and that the principle is derived from the more fundamental principle of the independence of States, i.e. the idea that States are not subject to external authority of other States or institutions created by other States. The paper argues, in Section 3, that because a determination that an individual has committed the crime of aggression requires a prior determination that a State has committed an act of aggression and a breach of the UN Charter, the ICC would act in violation of the consent principle in cases contemplated by the aggression amendment. The paper then turns, in Section 4, to an examination of whether the consent principle and the Monetary Gold principle (which is an application of that more general principle) are applicable to international criminal tribunals in general and to the ICC in particular. Referring to the case law of other tribunals, it is argued that these principles apply to all international tribunals and that the form in which the proceedings involving adjudication of the responsibilities of other States takes place is irrelevant to their application. Section 5 examines which States are to be regarded as non-consenting States for the purpose of the application of the consent principle. I then turn to the Nuremberg and Tokyo precedents in Section 6. I argue that the establishment and operation of these tribunals would not support the view that a rule has developed permitting departure from the consent principle in international criminal tribunals. I argue that neither tribunal was truly international and that in any event, in both cases, there was the consent of the relevant sovereign authority. The paper considers, in Section 7, whether the jurisdiction of the ICC over aggression can be justified on the basis of a transfer of authority from the State that is the alleged victim of aggression. It is argued that though victim States can prosecute for aggression and though transferred jurisdiction is an appropriate justification for the jurisdiction of the ICC in general, the principles and precedents which support transfers of jurisdiction to international tribunal do not apply to aggression. Section 8 returns to the Security Council issue and considers whether prior determination by the Council (or by the General Assembly or ICJ) would fall within an exception to the Monetary Gold principle. It is argued that the best way to expand the jurisdiction of the Court to non-consenting States while respecting the principle of consent is by referral of situations to the Court by the Council. When the consent problem is taken into account, the role of the Security Council in making referrals to the ICC with regard to aggression is not a limit on the competence of the Court. Rather the Security Council comes to the aid of the Court and expands its jurisdiction to situations where the ICC would otherwise be legally incompetent to act. On this view, giving the Security Council almost exclusive competence with regard to aggression cases is not to be regarded as a problem to be overcome, but rather as a means of overcoming an existing problem. The final section is the main theoretical contribution of the piece, considering whether the deviation from the consent principle contemplated with regard to the ICC’s jurisdiction over aggression is to be regarded as an evolution of the law or instead a violation.


D Akande, 'Prosecuting Heads of States: The Implications of the Milosevic and Pinochet Cases\",' (1999) 5 Strategic Comments (International Institute for Strategic Studies)

E Descheemaeker, 'Protecting Reputation: Defamation and Negligence', paper presented at 100th SLS Conference, Keele (10 September 2009) [...]

The present paper concerns itself with the relationship between defamation and negligence in the protection of the interest in reputation. The bijection between defamation and reputation is typically thought of as perfect: defamation only protects reputation, while reputation is only protected by defamation. This paper shows, however, that neither limb of the proposition is true; furthermore, there is no principled ground why they should be. In particular, there is no reason why the tort of negligence could not prima facie extend the scope of its protection to reputation. It might seem that the fact that negligence, as a tort, requires by construction culpa, whereas defamation appears to rely on either more or less than that as a standard of liability, would prove an insuperable stumbling-block in the way of this suggestion. The hurdle, however, is not nearly as formidable as it might appear at first, because, as this paper documents, negligence has for more than a century been acting as a magnet on the law of defamation, surreptitiously bringing its standard of liability increasingly close to negligence-culpa.


A L Young, 'Protecting Rights without a Bill of Rights: Institutional Performance and Reform in Australia' [2007] Public Law 846   [Review] [...]

Book Review


ISBN: 0033-3565

J Roberts and M. Hough, 'Public Opinion and the Jury: A Review of International Findings. ' (London: Ministry of Justice 2009)

B. Mitchell and J Roberts, 'Public Opinion and the Law of Murder' (London: Nuffield Foundation 2010)

R G Hood and F Seemungal, 'Public Opinion on the Mandatory Death Penalty in Trinidad' (Death Penalty Project, Oxford Centre for Criminology 2011)

L Lazarus, BJ Goold and G Swiney, 'Public Protection, Proportionality and the Search for Balance' (Ministry of Justice Research Series 10/07 2007)

M Ashdown, 'Publication Review: The Law of Unincorporated Associations' (2012) 128 LQR 616   [Review]

A Johnston, 'Putting the Cart Before the Horse? Privacy and the Wainwrights' (2004) Cambridge Law Journal 15   [Case Note]

M Bosworth and B Kellezi, 'Quality of Life in Detention: Results from the MQLD Questionnaire Data Collected in IRC Yarl’s Wood, IRC Tinsley House and IRC Brook House, August 2010 – June 2011.' (Centre for Criminology 2012)

S Gardner, 'Quantum in Gissing v. Gissing constructive trusts - Oxley v Hiscock [2005] Fam 211' (2004) 120 Law Quarterly Review 541   [Case Note] [...]

Casenote on CA decision in Oxley v Hiscock, which opens a new chapter in the law on 'family home' constructive trusts (and also says something about proprietary estoppel).


ISBN: 0023-933X

J S Getzler, 'Quantum Meruit, Estoppel, and the Primacy of Contract' (2009) 125 Law Quarterly Review 196   [Case Note] [...]

The House of Lords and the High Court of Australia in separate decisions made within weeks of each other grappled with the correct use of equitable and restitutionary doctrines augmenting the operation of contract law in commercial relationships. The Lords sharply narrowed the doctrine of estoppel where a contract failed to materialize after heavy reliance by a putative joint venturer; but were permissive in allowing a limited quantum meruit remedy based on unjust enrichment. The High Court rejected any possibility of a leapfrogging claim to allow recovery of enrichment by a subcontractor, and the plurality in obiter comments threw doubt on the existence of an autonomous unjust enrichment principle in Australian law.


ISBN: 0023-933X

E Descheemaeker, 'Quasi-contracts and Unjustified Enrichment in French Law: Some Comparative Remarks', paper presented at SLS Conference, Cambridge (7 September 2011)

J S Getzler, 'R.W. Kostal, Law and English Railway Capitalism 1825-1875' (1995) 111 Law Quarterly Review 696   [Review]

R George, 'Re F (Children) (Internal Relocation) [2010] EWCA Civ 1428' (2011) 33 Journal of Social Welfare and Family Law 169   [Case Note]

R George, 'Re L (Internal Relocation: Shared Residence Order) [2009] EWCA Civ 20, [2009] 1 FLR 1157' (2010) 32 Journal of Social Welfare and Family Law 71   [Case Note]

I Loader, 'Re-Balancing the Criminal Justice System?: A Response to Tony Blair' (2006)

W E Peel, 'Reasonable exemption clauses' (2001) 117 Law Quarterly Review 545   [Case Note] [...]

A casenote on the Court of Appeal's decision in Watford Electronics Ltdv Sanderson CFL Ltd


ISBN: 0-421-755-407

S Gardner, 'Recklessness Refined - R v Reid [1992] 1 WLR 793' (1993) 109 Law Quarterly Review 21   [Case Note]

J Pila, 'Recognition
of
distinction – a
clash
of
institutional
and
scholarly values?' (2009) Oxford Magazine

A Briggs, 'Recogntion: foreign judgments or insolvency proceedings ?' (2010) Lloyd's Maritime & Commercial Law Quarterly 523   [Case Note] [...]

Consideration of the decision in and implications of Rubin v Eurofinance SA


ISBN: 03062943

Laura Hilly, Lawrence Hill-Cawthorne and L Lazarus, 'Reconciling domestic superior courts with the ECHR and the ECtHR: A Comparative Perspective - Oxford Pro Bono Publico Report submitted to the British Bill of Rights Commission' (2011)

N. W. Barber, 'Recrafting the Rule of Law' (2000) 116 Law Quarterly Review 332   [Review] [...]

Please note that this was not included in the last RAE


ISBN: 0023-933X

I Loader, T Lanning and R Muir, 'Redesigning Justice: Reducing Crime Through Justice Reinvestment' (London: Institute for Public Policy Research 2011)

I Loader, 'Redrawing the blue line' (2010) The Guardian

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

S Gardner, 'Reiterating the Criminal Code - Reviewing Law Commission Consultation Paper No 122, Legislating the Criminal Code - Offences Against the Person and General Principles (1992)' (1992) 55 Modern Law Review 839   [Review]

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

W E Peel, 'Remoteness revisited' (2009) Law Quarterly Review 6   [Case Note] [...]

A comment on the decision of the House of Lords in The Achilleas


ISBN: 0023-933X

G Dinwoodie, 'Report of the United States, in Adjuncts and Alternatives to Copyright (General Report to ALAI Congress 2001)' (2001)

C Costello, 'Report on Improving the Quality and Consistency of Asylum Decisions in the Council of Europe member states for the Council of Europe Parliamentary Assembly' (2009)

L Lazarus, C Costello, K Ziegler and N Ghanea, 'Report on the evolution of Fundamental Rights Charters and Caselaw: A comparison of the EU, Council of Europe and UN Systems ' (2011)

R Burnett and G Farrell, 'Reported and Unreported Racial Incidents in Prisons, Occasional Paper, No. 14' (1994) University of Oxford Centre for Criminological Research

R George, 'Researching Relocation Disputes in First Instance Courts' (2012) Family Law Week

P Davies and others, 'Response to the European Commission’s Green Paper: The EU Corporate Governance Framework' (2011)

R George, 'Responsibility, Law and the Family, edited by Jo Bridgeman, Heather Keating and Craig Lind' (2009) 72 Modern Law Review 147   [Review]

R George, 'Responsible Parents and Parental Responsibility, edited by Rebecca Probert, Stephen Gilmore and Jonathan Herring' (2010) 24 The International Journal of Law, Policy and the Family 118   [Review]

A Briggs and J J Edelman, 'Restitution and not-so-local authority swaps' (2010) 126 Law Quarterly Review 500   [Case Note] [...]

Analysis of Depfa Bank v Haugesund Kommune


ISBN: 0023933X

A S Burrows, 'Restitution in Respect of Mistakenly Paid Tax' (2005) 121 LQR 540   [Case Note]

C Hoyle, 'Restorative Justice and other New Penal Patterns, Conference Rapporteur's Report to the Ditchley Foundation' (Ditchley Conference Document D00/07 2000)

I Loader, 'Restraining Order' (2008) Progress

E Descheemaeker, 'Rethinking Emotional Wellbeing in the Law of Wrongs', paper presented at SLS Conference, Cambridge (6 September 2011)

J Vella and J Freedman, 'Revenue Guidance: The Limits of Discretion and Legitimate Expectations' (2012) 128 Law Quarterly Review 192   [Case Note]

J Morgan, 'Review of "A History of Water Rights at Common Law" by Joshua Getzler' (2005) 26 Journal of Legal History 216   [Review]

J Morgan, 'Review of "Emerging Issues in Tort Law", edited by Jason Neyers et al' (2009) 125 LQR 181   [Review]

J Morgan, 'Review of "Networks as Connected Contracts" by Gunther Teubner (translated by Michelle Everson), edited with an introduction by Hugh Collins' (2012) 128 LQR 472   [Review]

J Morgan, 'Review of "Private Property and Abuse of Rights in Victorian England" by Michael Taggart' (2003) 119 LQR 531   [Review]

J Morgan, 'Review of "Public Law in a Multi-Layered Constitution" edited by Nicholas Bamforth and Peter Leyland' (2004) CLJ 244   [Review]

J Morgan, 'Review of "The Making of the Modern Law of Defamation" by Paul Mitchell' (2006) 122 LQR 691   [Review]

S Douglas-Scott, 'Review of 'Legal Issues of European Integration'' (1992) Journal of Common Market Studies   [Review]

S Douglas-Scott, 'Review of Alter: The European Courts Political power' (2011) Edinburgh Law Review   [Review]

S J Douglas, 'Review of Beever, Rediscovering the Law of Negligence and Stevens, Torts and Rights' (2008) LQR 715   [Review]

J Morgan, 'Review of Bonfire of the Liberties: New Labour, Human Rights, and the Rule of Law by Prof Keith Ewing' (2011) 127 LQR 316   [Review]

J Rowbottom, 'Review of Building the UK's New Supreme Court ' (2005) 64 Cambridge Law Journal 253   [Review]

T Krebs, 'Review of Busch, D (ed.) The Unauthorised Agent: Perspectives from European and Comparative Law' (2011) Lloyds Maritime and Commercial Law Quarterly 152   [Review]

E Descheemaeker, 'Review of David Ibbetson, A Historical Introduction to the Law of Obligations' (2004) 56 Revue internationale de droit comparé 1005   [Review]

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]

R Ekins, 'Review of E. W. Thomas, "The Judicial Process: Realism, Pragmatism, Practical Reasoning and Principles", (Cambridge: CUP, 2005)' [2006] Public Law 870   [Review]

E Descheemaeker, 'Review of Eltjo Schrage (ed.), Negligence. The Comparative Legal History of the Law of Torts' (2004) 56 Revue internationale de droit comparé 261   [Review]

E Descheemaeker, 'Review of Ernest Metzger (ed.), David Daube: A Centenary Celebration' (2011) 89 Revue historique de droit français et étranger 127   [Review]

S J Douglas, 'Review of Green & Randall, The Tort of Conversion' (2011) 127 LQR 631   [Review]

E Descheemaeker, 'Review of Ingeborg Schwenzer and Günter Hager (eds.), Festschrift für Peter Schlechtriem zum 70. Geburtstag' (2003) 55 Revue internationale de droit comparé 1016   [Review]

S Douglas-Scott, 'Review of J Wakefield, 'Judicial Protection through the use of Article 288(2)'' (2003) European Law Review   [Review]

E Descheemaeker, 'Review of J. Cartwright, S. Vogenauer and S. Whittaker (eds.), Reforming the French Law of Obligations. Comparative Reflections on the Avant-projet de réforme du droit des obligations et de la prescription (the ‘Avant-projet Catala’)' (2010) 73 Modern Law Review 1086   [Review]

P Yowell, 'Review of Jeffrey Goldsworthy (ed) Interpreting Constitutions: A Comparative Study (OUP 2006)' [2007] Public Law 396   [Review]

S Douglas-Scott, 'Review of Julie Inness, 'Privacy, Intimacy and Isolation'' (1993) Mind   [Review]

J Rowbottom, 'Review of K. Ewing, The Cost of Democracy' [2008] Public Law 617   [Review]

E Descheemaeker, 'Review of Lawrence McNamara, Reputation and Defamation' (2010) Law Quarterly Review 642   [Review]

R Ekins, 'Review of M. Loughlin, "The Idea of Public Law", (Oxford: OUP, 2003)' [2005] Public Law 636   [Review]

N Palmer, 'Review of Mark Freeman, Truth Commissions and Procedural Fairness' (2008) 6 International Commentary on Evidence   [Review]

P S Davies, 'Review of Michael Furmston and GJ Tolhurst, "Contract Formation: Law and Practice" (OUP 2010)' (2011) 70 CLJ 470   [Review]

R Ekins, 'Review of N. Barber, "The Constitutional State", (Oxford: OUP, 2010)' (2012) 128 The Law Quarterly Review 308   [Review]

E Descheemaeker, 'Review of N. Whitty and R. Zimmermann (eds.), Rights of Personality in Scots Law: A Comparative Perspective ' (2010) 73 Modern Law Review 898   [Review]

D Akande, 'Review of National Treaty Law and Practice: France, Germany, India, Switzerland, Thailand and the United Kingdom, Monroe Leigh and Merritt R. Blakeslee (eds.), (ASIL, 1995)' (1995) 7 African Journal of International and Comparative Law 215   [Review]

J Rowbottom, 'Review of Parker, Scott, Lacey and Braithewaite, Regulating Law' [2005] Public Law   [Review]

E Descheemaeker, 'Review of Patrick Glenn, On Common Laws' (2007) 7 OUCLJ 125   [Review]

M R Macnair, 'Review of Paul D Halliday, Habeas Corpus: From England to Empire' (2011) 29 Law & History Review 629   [Review]

E Descheemaeker, 'Review of Peter Birks (ed.), English Private Law' (2002) 54 Revue internationale de droit comparé 869   [Review]

E Descheemaeker, 'Review of Peter Birks, Unjust Enrichment' (2004) 56 Revue internationale de droit comparé 715   [Review]

P S Davies, 'Review of Qiao Liu, "Anticipatory Breach" (Hart, 2011)' [2011] LMCLQ 496   [Review]

S Douglas-Scott, 'Review of R Dworkin, 'Life's Dominion'' (1994) Medical Law Review 254   [Review]

P S Davies, 'Review of Rebecca Williams, "Unjust enrichment and public law" (Hart, 2010)' (2011) 127 LQR 483   [Review]

E Descheemaeker, 'Review of Reinhard Zimmermann, Roman Law, Contemporary Law, European Law. The Civilian Tradition Today' (2003) 55 Revue internationale de droit comparé 1025   [Review]

E Descheemaeker, 'Review of Sarah Worthington, Equity' (2006) 58 Revue internationale de droit comparé 1025   [Review]

E Descheemaeker, 'Review of Sir Guenter Treitel, Some Landmarks of Twentieth Century Contract Law' (2003) 55 Revue internationale de droit comparé 492   [Review]

D Akande, 'Review of The International Court of Justice: Its Future Role After Fifty Years, Muller, Raic and Thuránszky (eds.), (Martinus Nijhoff, 1997).' (1998) 69 British Yearbook of International Law 524   [Review]

N. W. Barber, 'Review of The New Separation of Powers' [2011] Public Law 428   [Review]

S Douglas-Scott, 'Review of Waluchow, 'Inclusive Legal Positivism'' (1996) 105 Mind   [Review]

T Krebs, 'Review of Watts, P, Bowstead & Reynolds on Agency (19th ed.) and Munday, RJC, Agency: Law and Principles' (2011) Restitution Law Review 272   [Review]

A Johnston, 'Review of: Barry Barton et al, (eds.), Energy Security: Managing Risk in a Dynamic Legal and Regulatory Environment' (2007) Cambridge Law Journal 240   [Review]

A Johnston, 'Review of: Christopher W. Jones (ed.), EU Competition Law and Energy Markets (EU Energy Law, Vol. II) (2005)' (2006) European Law Review 926   [Review]

A Johnston, 'Review of: Danny Nicol, EC Membership and the Judicialization of British Politics' (2003) 40 Common Market Law Review 525   [Review]

A Johnston, 'Review of: Diana Woodhouse, The Office of the Lord Chancellor' (2002) Cambridge Law Journal 715   [Review]

A Johnston, 'Review of: Donald. L. Zillman, Catherine Redgwell, Yinka O. Omorogbe and Lila K. Barrera-Hernández, Beyond the Carbon Economy: Energy Law in Transition' (2010) Web Journal of Current Legal Issues   [Review]

A Johnston, 'Review of: Elizabeth O’Neill and Emma Sanders (with Margaret Bloom and Anneli Howard), UK Competition Procedure: The Modernised Regime' (2008) Cambridge Law Journal 434   [Review]

A Johnston, 'Review of: Hans-W. Micklitz, Norbert Reich and Peter Rott, Understanding EU Consumer Law' (2010) 47 Common Market Law Review 956   [Review]

A Johnston, 'Review of: Kelyn Bacon, EC Law of State Aid (Oxford: OUP, 2009) and Martin Heidenhain, European State Aid Law (Munich: C.H. Beck, 2010)' (2011) 127 Law Quarterly Review 151   [Review]

A Johnston, 'Review of: Paul Craig, EU Administrative Law' (2007) Cambridge Law Journal 715   [Review]

A Johnston, 'Review of: Peter Cameron, Competition in Energy Markets – Law and Regulation in the European Union (2005)' (2006) 31 European Law Review 136   [Review]

A Johnston, 'Review of: Rex Zedalis, International Energy Law, and Martha Roggenkamp et al, Energy Law in Europe' (2003) 3 Yearbook of European Environmental Law 803   [Review]

D Dwyer, 'Rights Brought Home: A and Others v Secretary of State for the Home Dept [2004] UKHL 56' (2005) 121 Law Quarterly Review 359   [Case Note]

S Green, 'Risk Exposure and Negligence' (2006) 122 Law Quarterly Review 386   [Case Note]

D P Nolan, 'Risks and Wrongs: Remoteness of Damage in the House of Lords' (2001) 9 Tort Law Review 101   [Case Note]

A J B Sirks, 'Roman Law as Emancipatory and Social Instrument in the 19th Century', paper presented at Thinking about Law. Essays for Tony Honoré 7 [...]

During the preparations for the German Civil Code, the Women's Association petitioned in 1876 for the insertion of the Roman dotal system. The paper analysed the reasons for it and sets out, that this system indeed provided women the best security of their properties in case of marriage, divorce and insolvency.


TAO Endicott, 'Rules and Reasoning: Essays in Honour of Fred Schauer, Ed. Linda Meyer, (Oxford: Hart Publishing, 1999)' (2002) 43 Philosophical Books 71   [Review] [...]

DOI: 10.1111/1468-0149.00252

Book review


ISBN: 0031-8051

R M Bagshaw, 'Rylands Confined' (2004) 120 Law Quarterly Review 388   [Case Note] [...]

Casenote on Transco v Stockport MBC


ISBN: 0023-933X

M Paparinskis, 'Sapphire Arbitration' (2010) Max Planck Encyclopaedia of Public International Law

N. W. Barber, 'Scottish Independence and the Role of the United Kingdom ' (2012) United Kingdom Constitutional Law Blog

V Moreno Lax, 'Searching Responsibilities and Rescuing Rights: Frontex, the Draft Guidelines for Joint Maritime Operations and Asylum Seeking in the Mediterranean' (2009) FR-28 REFGOV WP Series

O Radley-Gardner, 'Section 15 of TLATA, or, The Importance of Being Earners' (2003) [2003] 5 Web Journal of Current Legal Issues   [Case Note] [...]

Updates "Chargees and Family Property" and considers F.N.B. v Achampong in relation to ss. 14 and 15 of TLATA


N Ghanea and B Hass, 'Seeking justice and an end to neglect: Iran\'s minorities today' (Minority Rights Group International 2011) [...]

DOI: www.minorityrights.org/download.php?id=939

Violations of minority rights in Iran take place within a wider, well-documented context of human rights violations, and intolerance of dissent and difference. Against this background, this briefing reflects on the historical and current situation of Iran’s ethnic, religious and linguistic minority groups, which are typified in Iran by their lack of political power and influence. It also considers the new popular and political consciousness that is emerging in Iran in regard to human rights in general, and minority rights in particular, following the political debates leading up to the disputed 2009 elections, and the popular protests that came afterwards. This shift may represent an opportunity for members of minority groups in Iran at long last to enjoy equal citizenship rights, educational and economic opportunities, and the right to maintain their cultural identity.


N. W. Barber, 'Self-Defence for Institutions ' (2012) Oxford Legal Studies Research paper

D Leonardi, 'Self-regulation and the broadcast media: availability of mechanisms for self-regulation in the broadcasting sector in countries of the EU' (2004) [...]

Reports prepared for the IAPCODE project.


D Leonardi, 'Self-regulation and the print media: codes and analysis of codes in use by press councils in countries of the EU'

V Moreno Lax and (as part of) the Odysseus Academic Network, 'Setting Up a Common European Asylum System' (Brussels: European Parliament 2010)

D Akande, 'Several short pieces, notes and comments on EJIL:Talk!' (2012) Blog of the European Journal of International Law

J J W Herring, 'Sex and mental disorder' (2010) 126 Law Quarterly Review 36   [Case Note] [...]

A discussion of R v C.


A Bogg, 'Sham self-employment in the Court of Appeal' (2010) 126 Law Quarterly Review 166   [Case Note] [...]

Analyses recent Court of Appeal developments on the concept of sham terms in personal employment contracts


J M Eekelaar, 'Shared Income after Divorce: A Step too Far' (2005) 121 Sweet & Maxwell/Law Quarterly Review '1   [Case Note] [...]

Discussion of Court of Appeal Decisions in Macfarlane v M. and Parlour v P.


ISBN: 0023-933X

M Paparinskis, 'Shared Responsibility in the International Court of Justice' (2012) SHARES Research Paper 15

J Payne, 'Shareholders' Remedies Reassessed' (2004) 67 Modern Law Review 500   [Case Note]

A V Lowe and others, 'Shareholders' Rights to Control and Manage: From Barcelona Traction to ELSI' (2002) Brill Academic 2002

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.


M Paparinskis, 'Singapore Oil Stocks Case' (2010) Max Planck Encyclopaedia of Public International Law

I Loader, 'Sir Ian Blair: The Burkean Top Cop' (2010) 81 Political Quarterly 459   [Review]

N Ghanea, 'Sisters in Islam' (ESRC research paper RES-155-25-0042 on South-North non-governmental networks, policy processes and policy outcomes, NGPA Paper Series by the ESRC 47 pages 2009)

J Morgan, 'Slowing the expansion of public authorities' liability (Gorringe v. Calderdale MBC)' (2005) 121 LQR 43   [Case Note]

J Hackney, 'Snell's Equity' (2001) 117 Law Quarterly Review   [Review] [...]

A contribution to the debate about the future of Equity hung on the back of a review of a book review. Much reviled in Australia


ISBN: 0023-933X

E Descheemaeker, 'Some Historical and Comparative Remarks on the Roman Classification of Obligations from Wrongs', paper presented at Ex contractu, ex delicto. Conference on the History of the Law of Obligations, Jagiellonian University, Cracow (12 March 2010)

R George, 'Stack v Dowden: Do As We Say, Not As We Do?' (2008) 30 Journal of Social Welfare and Family Law 49   [Case Note]

S Gardner, 'Stalking - R v Ireland; R v Burstow [1998] AC 147' (1998) 114 Law Quarterly Review 33   [Case Note]

N. W. Barber and Helen Scott, 'State Liability Under Francovich for Decisions of National Courts' (2004) 121 Law Quarterly Review 403   [Case Note]

I Loader and N Walker, 'State of Denial?: Rethinking the Governance of Security' (2004) 6 Punishment and Society 221   [Review]

Y-K Chin, 'State, Television and Media Globalisation', paper presented at London Doctoral Student Symposium, London, UK

A Tzanakopoulos, 'Stepping Up the (Dualist?) Resistance: The English High Court Quashes Domestic Measures Implementing UN Sanctions' (2009) EJIL: Talk!

I Loader, 'Straw's embrace of penal excess ignores public will' (2008) The Guardian

L Lazarus, A Tomkins and H Fenwick, 'Submission in response to HM Treasury: Public Consultation: Draft Terrorist Asset-Freezing Bill (Cm 7852)' (2010)

J Hackney, 'Submission on Draft Consultation on Public Benefit. Charity Commission' (2007) Law Commission papers [...]

A fundamental challenge to the Charity Commission's assumption that the Charities Act 2006 has allowed it to ignore the pre-existing law on public benefit.


D Akande and others, 'Submission to the Iraq Inquiry on the UK's Legal Justification for the Iraq War and Lord Goldsmith's Legal Advice' (2010) Submission to the Chilcott Inquiry on Iraq

L Lazarus and others, 'Submission to United Kingdom Joint Parliamentary Committeee of Human Rights on The Case for a Human Rights Commission (HL Paper 160, HC 1142)' (2001)

J Donoghue, 'Summary Findings from an ESRC funded Study of Anti-Social Behaviour and the Courts in England & Wales', paper presented at Launch of Project Findings held at New College, University of Oxford. 22 March 2011.

Alecia Johns, Hayley Hooper and L Lazarus, 'Supplementary Comparative Research on the use of Secret Evidence in the United States - Oxford Pro Bono Publico Report for the UK Parliamentary Joint Committee on Human Rights' (2011) [...]

This was a follow-up to the 2011 comparative report on secret evidence, requested by the JCHR. It focused on the operation of security-cleared counsel in US habeas corpus proceedings as well as the US doctrine of State secrets privilege in order to help the JCHR whether those aspects of US practice should be adopted in the UK.


P S Davies and P Rogerson, 'Swaps in another dimension' [2010] LMCLQ 529   [Case Note]

V Moreno Lax, 'T Gammeltoft-Hansen, Access to Asylum, Cambridge: Cambridge University Press, 2010, ISBN: 9781107003477' (2012) 25(3) Journal of Refugee Studies (forthcoming).   [Review]

J S Getzler, 'T. Blackshield and others, The Oxford Companion to the High Court of Australia' (2003) 120 Law Quarterly Review 526   [Review]

J S Getzler, 'T. Frankel, Trust and Honesty: America's Business Culture at a Crossroad' (2007) 70 Modern Law Review 701   [Review]

R Bird, 'Targeting the Promotional Strategy', paper presented at 6th Asian Pacific Specials and Law Librarians Conference

G Loutzenhiser, 'Tax arbitrage: the trawling of the international tax system' [2011] British Tax Review 358   [Review]

G Loutzenhiser, 'Tax Implications of Hiring and Firing Employees', paper presented at Ontario Bar Association, Continuing Legal Education Conference, 2003

G Loutzenhiser and others, 'Tax Policy and Global Warming', paper presented at (with David Duff) Fourth Global Environmental Tax Conference, Sydney, Australia, 2003

G Loutzenhiser, 'Taxation of Intellectual Property' [2011] British Tax Review 357   [Review]

E J F Simpson, 'Taxation of Trusts' (2008) 1156 [...]

Brief legal encyclopedia entry


ISBN: 978-0-19-929054-3

I Papanicolopulu and E. Milano, 'Territorial Disputes and State Responsibility on Land and at Sea' , paper presented at The State of Sovereignty [...]

According to well-established rules of international law, a State exercises sovereignty on its land territory and its territorial sea and sovereign rights and jurisdiction in other relevant maritime zones. Territorial sovereignty involves the possibility to act on a territory and to exclude other States from acting on it. Sovereign rights at sea entail exclusiveness as to the exploration and exploitation of resources, thereby excluding all other States from such activities (though not from the maritime space where such activities take place). Consequently, whenever a State acts on the territory or in the maritime zones of another State without the latter’s permission, it commits a breach of the relevant rules, entailing its international responsibility. Yet this scheme may be put in doubt in the case of territorial disputes, both on land and at sea. A territorial dispute on land usually arises from wrongful occupation, but it may also be due to the absence of a demarcated boundary. In the first case, there will usually be one State having a “legally stronger” claim on the contested territory, even though both States may be acting in good faith. The situation is different at sea, where disputes usually arise out of the need to delimit previously undelimited sea areas. Till their delimitation, disputed sea areas may be considered as belonging to either of the parties to the dispute, without there being one with a stronger claim. The paper proposes to examine cases of land and sea territorial disputes, in order to establish the rights that may be exercised, pending the solution of the dispute, by the States claiming sovereignty or jurisdiction and limitations thereof. In the light of these findings, a conclusion as to the responsibility (and the eventual reparation due) of such States for acts committed in contested land or sea areas will be drawn.


A Johnston, 'Thawing Out? The European Courts and the Freezing of Terrorist Assets' (2007) Cambridge Law Journal 273   [Case Note]

J Freedman, 'The ICAEW Tax Faculty Hardman Memorial Lecture Small Business Taxation - the Indefinable in Pursuit of the Unachievable? ' (2007)

D Dwyer, 'The Admissibility of a Confession against a Co–defendant: R v Hayter [2005] UKHL 6' (2005) 68 Modern Law Review 839   [Case Note]

I Loader, 'The Anti-Politics of Crime (Review Essay)' (2008) 12 Theoretical Criminology 399   [Review]

N. W. Barber, 'The Argument from Counter-Example' (2012) Oxford Legal Studies Research Paper

J Rowbottom, 'The Ban on Political Advertising and Article 10' (2007) 18 Entertainment Law Review 91   [Case Note]

D Akande, 'The Bashir Indictment: Are Serving Heads of State Immune from ICC Prosecution?' (2008) Debating International Justice in Africa: Oxford Transitional Justice Research Essays, 2008-2010 87

D Sarooshi, 'The Blaskic Case' (2002) 122 The International Law Reports 1   [Case Note]

A L Young and others, 'The British Constitution in the Twentieth Century' (2005) 121 Sweet and Maxwell/Law Quarterly Review 168   [Review] [...]

Book review of Constitutional Law in the 20th Century by V Bogdanor (ed)


ISBN: 0023933X

A V Lowe and J.R. Crawford, 'The British Year Book of International Law' (2001) LXXII Oxford University Press vii and 755 [...]

Annual review of public international law


ISBN: 0 19 925401 X

A V Lowe and J. R. Crawford, 'The British Year Book of International Law' (2005) LXXV Oxford University Press vii and 990

A V Lowe and J.R.Crawford, 'The British Year Book of International Law' (2002) LXIII Oxford University Press viii and 1062 [...]

Annual Review of public international law


ISBN: 0 19 926324-8

A V Lowe and J.R. Crawford, 'The British Year Book of International Law' (2000) LXXI Oxford University Press x and 690 [...]

Annual review of public international law


ISBN: 0 19 924692-0

A V Lowe and J.R. Crawford, 'The British Year Book of International Law' (2003) LXXIV Oxford University Press xiii and 1000 [...]

Annual Review of public international law


ISBN: 0 19 926785-5

A V Lowe and J R Crawford, 'The British Year Book of International Law, Oxford University Press' (2006) LXXVI

A Briggs, 'The Brussels I bis Regulation appears on the horizon' (2011) Lloyd's Maritime & Commercial Law Quarterly 157 [...]

Analysis of principal proposals for amendment to Brussels I Reguation


ISBN: 0306-2945

A Tzanakopoulos, 'The Cambridge Companion to International Law' (2011) 82 British Year Book of International Law 510   [Review]

Y-K Chin, 'The Challenging Potential of Local Media: Lessons from China', paper presented at 2008 International Communication Association Conference, Montreal, Canada

A V Lowe, 'The Chatham House Principles of International Law on the Use of Force in Self-Defence' 55 , paper presented at ICLQ 963

Derek O’Brien and Wheatle, 'The Commonwealth Caribbean and the Uses and Abuses of Comparative Constitutional Law' (2011) UK Constitutional Law Blog

L Lazarus, 'The Composition of the UK Bill of Rights Commission' (2011) UK Constitutional Law Group Blog

N Ghanea, 'The concept of racist hate speech and its evolution over time, contribution to UN CERD session' , paper presented at

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

A Tzanakopoulos, 'The Constitutionalization of International Law' (2011) 15 Edinburgh Law Review 339   [Review]

J Payne and Prof D Prentice, 'The Corporate Opportunity Doctrine' (2004) 120 LQR 198   [Case Note]

S Talmon, 'The Cyprus Question Before the European Court of Justice', paper presented at Gazimagusa: Eastern Mediterranean University Printinghouse 205

E Descheemaeker, 'The Dangers of Mixing It Up. Some Remarks on Defamation and Truth in Civilian, Common-law and Mixed Jurisdictions', paper presented at Conference of the Irish Society of Comparative Law, University College Dublin (29 April 2011)

N. W. Barber, 'The Decline of Mercy ' (2011) United Kingdom Constitutional Law Blog

J Goudkamp, 'The Defence of Illegality in Tort Law: Wither the Rule in Pitts v Hunt?' (2012) Cambridge Law Journal   [Case Note]

J Goudkamp, 'The Defence of Illegality: Gray v Thames Trains Ltd' (2009) 17 Torts Law Journal 205   [Case Note]

A Tzanakopoulos, 'The Distomo Case: Greece to Intervene in the Sovereign Immunity Dispute between Germany and Italy before the ICJ' (2011) EJIL: Talk!

N. W. Barber, 'The Doctrine of State Necessity and Revolutionary Legality in Fiji' (2001) 117 Law Quarterly Review 370   [Case Note]

N. W. Barber, 'The Doctrine of State Necessity in Pakistan' (2000) 116 Law Quarterly Review 332   [Case Note] [...]

Please note that this was not included in the last RAE


ISBN: 0023-933X

S Vogenauer, 'The Drafting of the Common European Sales Law: an Assessment and Suggestions for Improvement' (Briefing Note for the European Parliament Committee on Legal Affairs, DG Internal Policies - Policy Department C: Citizens' Rights and Constitutional Affairs 2012) [...]

The drafting of the Commission’s current proposal for a CESL is analysed and assessed. Recommendations for improving the drafting are made. The most important recommendation is to allow for sufficient time during the legislative process in order to avoid the technical mistakes that can be found in the proposal in its current form.


A Briggs, 'The Duke of Brunswick and Defamation by Internet' (2003) 119 Law Quarterly Review 210   [Case Note] [...]

Analysis of decision of High Court of Australia in Dow Jones Inc v Gutnick


ISBN: 0023-933X

C Greenhalgh and P Dixon, 'The economics of intellectual property: a review to identify themes for future research, ' (UK Patent Office 2002) [...]

Oxford Intellectual Property Research Centre Working Paper No. 05/02 2002.


D Dwyer, 'The Effect of the Fact/Opinion Distinction on CPR r. 35.2: Kirkman v Euro Exide Corporation [2007] EWCA CIV 66' (2008) 12 International Journal of Evidence and Proof 141   [Case Note]

L Ferguson, 'The End of an Age: Beyond Age Restrictions for Minors' Medical Treatment Decisions' (2004) SSRN [...]

This report was commissioned by the Law Commission of Canada. However, shortly after the report was published on the Law Commission’s website in 2005, the incoming Canadian government abolished the Commission and reports on pending issues were removed from the website. It is now available on the SSRN site.


S Douglas-Scott, 'The EU Strategic Framework and Action Plan on human rights and democracy' (2012) July 2102 LSE EUROPP blog

P Davies, 'The European Private Company (SPE): Uniformity, Flexibility, Competition and the Persistence of National Laws' (2010) ECGI Working Paper 154/2010 [...]

In 2008 the European Commission put forward proposals for a European Private Company (SPE), following up on the adoption of the European Public Company legislation of 2001. Although speedy adoption of the SPE proposals was initially hoped for, subsequent negotiations among the member states have stalled, despite at least two revised drafts of the proposals having been produced by the Presidency of the European Council. This article seeks to identify the challenges posed to the national company laws of the member states by the Commission’s proposals for a ‘simple and flexible’ Community form of incorporation. It seeks to argue that the discussions among the member states have revolved mainly around the question of the appropriate role for mandatory rules in modern company law. Member states have been reluctant to see the SPE freed from mandatory rules to which their national companies are subject, because of the competition to their national laws which the SPE would generate. On the other hand, member states with few mandatory rules in their domestic law have been reluctant to see the SPE burdened with mandatory rules which do not apply to domestic companies, because otherwise their businesses will be deterred from taking up the new European form and obtaining its advantages. The article predicts that, of the possible legislative solutions to this confl ict, referring more of the rules applicable to the SPE to the national law of the state in which the SPE is registered is likely to be the dominant one, even though this will undermine both the uniformity and flexibility goals of the proposed legislation. It also considers how effective the ‘national law’ strategy is likely to be in the light of the Treaty provisions on freedom of establishment


A Johnston, 'The European Union and the Ongoing Search for Terrorists’ Assets: Getting Warmer or Colder?' (2007) Cambridge Law Journal 523   [Case Note]

L Lazarus and others, 'The Evolution of Fundamental Rights Charters and Case Law: A Comparison of the United Nations, Council of Europe and European Union Systems' (European Parliament Directorate General for Internal Policies 2011) [...]

This report examines the human rights protection systems of the United Nations, the Council of Europe and the European Union. It explores the substantive rights, protection mechanisms, modes of engagement within, and the interactions between each system. The report also outlines the protection of minority rights, and the political processes through which human rights and institutions evolve and interact. A series of recommendations are made on how to advance the EU human rights system.


K S Ziegler and others, 'The Evolution of Fundamental Rights Charters and Case Law: A Comparison of the United Nations, Council of Europe and European Union Systems of Human Rights Protection' (European Parliament, Directorate General for Internal Policies 2011)

L Lazarus and others, 'The Evolution of Fundamental Rights Charters and Case Law: A Comparison of the United Nations, Council of Europe and the European Union systems of human rights Protection' (European Parliament 2011) [...]

This report examines the human rights protection systems of the United Nations, the Council of Europe and the European Union. It explores the substantive rights, protection mechanisms, modes of engagement within, and the interactions between each system. The report also outlines the protection of minority rights, and the political processes through which human rights and institutions evolve and interact. A series of recommendations are made on how to advance the EU human rights system.


V Moreno Lax, 'The External Dimension of the Common European Asylum System after Stockholm' (2010) FR-30 REFGOV WP Series

A Tzanakopoulos, 'The First Orders by the Special Tribunal for Lebanon' (2009) 13 ASIL Insights

S Gardner and Katharine Davidson, 'The Future of Stack v Dowden - Jones v Kernott [2010] 3 All ER 423' (2011) 127 Law Quarterly Review 13   [Case Note] [...]

Cited in Jones v Kernott [2011] 3 WLR 1121, [16], [21], [24] (Lord Walker of Gestingthorpe and Baroness Hale of Richmond)


S Fredman, 'The Future of Equality in Great Britain' (2002) No. 5 Equal Opportunities Commission Working Paper Series 1 [...]

This paper was commissioned by the Equal Opportunities Commission as an independent contribution to the debate around the single equality body. Its focus is on the vision and objectives such a body might pursue, and in particular, on the principles of equality informing policy decisions.


ISBN: 1 84206 038 4

Peter Boeckli and others, 'The Future of European Company Law' (2012) ECLE

D Akande, 'The Genocide Convention and the Obligation of Cooperation with the International Criminal Court' (2011) UCLA Human Rights and International Criminal Law Online Forum (2011) [...]

The International Court of Justice (ICJ) has held that Article VI of the Genocide Convention imposes an implicit obligation on Contracting Parties to cooperate with an “international penal tribunal” that has jurisdiction over persons charged with genocide. Although it was envisaged in the drafting of the Convention that acceptance of such jurisdiction would occur by treaty, the ICC is to be regarded as a competent international penal tribunal under the Genocide Convention even in cases where the ICC exercises jurisdiction on the basis of a Security Council referral. This creates an obligation on parties to cooperate with the ICC where an accused person is charged with genocide. However, under the jurisprudence of the ICJ this obligation of cooperation only arises where the contracting party in question has not only accepted the jurisdiction of the tribunal but also has a pre-existing obligation to cooperate. Applying this precedent would mean that in the Bashir case, only those States that are parties to the ICC Statute have an obligation of cooperation under the Genocide Convention. However, a teleological interpretation of the Convention would permit use of the Genocide Convention as a basis for creating an obligation of cooperation for non-parties since they must be deemed to have accepted the jurisdiction of the ICC over the case by virtue of a binding Security Council resolution conferring such jurisdiction. Relying on the Genocide Convention as a basis for a cooperation would open up alternative arguments allowing ICC parties (and non-parties if the teleological interpretation were adopted) to bypass immunities otherwise provided for in international law.


L Green, 'The Germ of Justice' (2010) Oxford Legal Research Papers [...]

This paper addresses the perennial question of the relationship between law and justice. HLA Hart argued that ‘we have, in the bare notion of applying a general rule of law, the germ, at least, of justice.’ If true, this establishes a necessary connection between law and morality. That is no objection, for the so-called ‘separability thesis’ is anyway false. But the ‘germ-of-justice’ thesis is also false. Justice is a matter of the correct allocation of benefits and burdens among people. Contrary to what Hart and others think, there is not necessarily any injustice in failing to apply a valid legal rule, not even an ‘administrative’ injustice. It is readily conceded that ‘formal justice’ is not enough in law, that we also need ‘substantive justice’. This too is a mistake. Formal justice is not insufficient; it is incoherent--all justice is substantive. Might constant rule-application do justice by promoting impartiality? Not necessarily. It depends on the content of the rules and on the nature of the of the adjudicator’s prejudices. There is nonetheless a weak connection between law and justice. Every legal system has courts whose job it is to aim at justice: they must decide not only whether plaintiff deserves a remedy, or whether the prosecution is entitled to a conviction, but also whether these should be ordered in the face of a claim to the contrary. Courts have an allocative job to do. This does not show that they must achieve justice, or even a minimum of justice. Nor does it show that justice is the first virtue of legal institutions. The connection between law and justice is real, but modest. Justice is a necessary aim of a necessary legal institution.


and C Hodges, 'The Globalisation of Class Actions ' (2009) 66 Annals of the American Academy of Political and Social Science

E J F Simpson, 'The Golden Metwand and the Crooked Cord: Essays on Public Law in Honour of Sir William Wade QC' (1999) Law Quarterly Review 160   [Review] [...]

Review of festschrift for Sir William Wade QC, considering in particular the significance of 'constitutional fundamentals' as features of the constitution resistant to legislative encroachment.


ISBN: 0023-933X

I Loader, 'The Great Victim of this Get-tough Hyperactivity is Labour' (2008) The Guardian

Chris Hodges, Naomi Creutzfeldt-Banda and I Benöhr, 'The Hidden World of Consumer ADR: Redress and Behaviour' (The Foundation for Law, Justice and Society 2011)

L Lazarus, 'The Human Rights Framework Relating to the Handling, Investigation and Prosecution of Rape Complaints, Annex A to the Stern Report on The Handling of Rape Complaints' (2010)

P S Davies, 'The Illegality Defence and Public Policy' (2009) 125 LQR 556   [Case Note]

J Goudkamp, 'The Illegality Defence in the Law of Negligence after Miller v Miller' (2011) 7 Australian Civil Liability 130   [Case Note]

R Young and C Hoyle, 'The Implementation and Effectiveness of the Initiative in Restorative Cautioning by Thames Valley Police, Research Findings' (Joseph Rowntree Foundation 2002)

N Palmer and P Clark, 'The International Community Fails Rwanda Again' (2009) Oxford Transitional Justice Research Working Papers Series, General Debates

J Vidmar, 'The Kosovo Opinion and General International Law: How Far-Reaching and Controversial is the ICJ\'s Reasoning' (2010) Hague Justice Portal

D P Nolan, 'The Law of Electronic Commerce' [2011] [2010] Lloyd's Maritime and Commercial Law Quarterly 677   [Review]

I Goold, 'The Legal Status of Human Tissue in the 21st Century: Could a Property Approach be the Answer?', paper presented at Australian Institute of Health, Law and Ethics conference proceedings

J M Finnis, 'The Lords’ Eerie Swansong: A Note on R (Purdy) v Director of Public Prosecutions' (2009) Oxford Legal Studies Research Paper 31/2009

R George and C Roberts, 'The Media and the Family Courts – Key Information and Questions About the Children, Schools and Families Bill' (University of Oxford / Nuffield Foundation 2009)

D P Nolan, 'The Modern Law of Estoppel ' (2001) 15 Trust Law International 59   [Review]

Y-K Chin, 'The Nation-state in A Globalizing Media Environment: China?s regulatory policies on transborder TV drama flow', paper presented at MeCCSA (Media, Communications & Cultural Studies Association) 5th Annual Conference, Sussex, UK

Y-K Chin, 'The Nation-state in A Globalizing Media Environment: the implication of China?s broadcasting policy on transborder TV drama', paper presented at 2004 International Communication Association Conference, New Orleans, USA

N E Stavropoulos, 'The Nature of Law: Interpretivist Theories' (2003) Stanford University

L Green, 'The Nature of Limited Government' (2012) Oxford Legal Studies Research Paper [...]

This paper explores moral limits on state action: their sources, character, and stringency. It explains what is special about the liberal tradition: there must be a protected sphere of action, and governments must respect legality. It argues, against Patrick Devlin, that the possible absence of absolute moral reasons against intrusion in a sphere is consistent with justified absolute positive limits on government intrusion. It argues, against John Finnis, that the fact that some associations (e.g. churches or marriages or universities) have intrinsically valuable ‘common goods’ does not entitle them to immunity from government regulation. It concludes by suggesting why certain ‘natural law’ moralities have been considered unreasonably intrusive, for they neglect the significance of moral fallibility for limited government.


A Johnston and E. Nanopoulos, 'The New UK Supreme Court, the Separation of Powers and Anti-Terrorism Measures' (2010) Cambridge Law Journal 218   [Case Note]

J Pila, 'The Oxford Learning Institute: A Case of (Constructive) Alignment? (editorial)' Oxford Magazine

A Tzanakopoulos, 'The Practice of the United Nations in Combating Terrorism from 1946 to 2008' (2011) 11 Human Rights Law Review 803   [Review]

L Lazarus, 'The President, The Prosecutor, and the Secular Priest: corruption, politics and the courts - Jacob Zuma v National Director of Public Prosecution' (2008) Oxford Legal Studies Research Paper No. 46/2008

A Briggs, 'The Principle of Comity in Private International Law' (2012) 354 Receuil des Cours: Collected Courses of the Hague Academy of International Law 65 [...]

Text of a course on the nature and role of comity in private inernational law derived from lectures given at the Hague Academy in June 2011


ISBN: 9789004227286

R Burnett, 'The Probation Service: Responding to Change. Proceedings of the Probation Studies Unit First Colloquium' (1997) University of Oxford Centre for Criminological Research

R Stevens, 'The Proper Scope of Knowing Receipt' [2005] Lloyd's Maritime and Commercial Law Quarterly '1   [Case Note] [...]

Casenote on Criterion Properties v.Stratford UK Properties LLC


ISBN: 0306-2945

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

L Lazarus, Benjamin Goold, Rajendra Desai and Qudsi Rasheed, 'The Relationship Between Rights and Responsibilities' (Ministry of Justice Research Series 18/09 2009)

Wheatle, 'The Residual Powers of the Court' (2012) UK Constitutional Law Blog

M R Freedland and PL Davies, 'The role of EU employment law and policy in the de-marginalisation of part-time work', paper presented at Cambridge University Press 63 [...]

An overview chapter in a volume of which the author is one of the editors, being a Comparative Analysis of Employment Policy and the Regulation of Part-time Work in the European Union.


ISBN: 0-521-84002-3

W E Peel, 'The Scope of Double Actionability and Public Policy' (2003) 119 Law Quarterly Review '1   [Case Note] [...]

A casenote on the House of Lords' decision in Kuwait Airways Corp v Iraqi Airways Co


ISBN: 0023-933X

N. W. Barber, 'The Separation of Powers and the British Constitution' (2012) Oxford Legal Studies Research Paper

D Akande, 'The Settlement of International Disputes: Institutions and Procedures, Collier and Lowe (OUP, 1999).' (2001) 64 Modern Law Review 140   [Review]

N. W. Barber, 'The Sophick Constitution ' (2012) United Kingdom Constitutional Law Blog

N. W. Barber, 'The Special Advisor Who Wasn't' (2011) United Kingdom Constitutional Law Blog

J Pila, 'The Star Wars Copyright Claim: An Ambivalent View of the Empire' (2012) 128 Law Quarterly Review 15-19   [Case Note]

S Gardner and K Davidson, 'The Supreme Court on Family Homes - Jones v Kernott' (2012) 128 Law Quarterly Review 178   [Case Note]

A Tzanakopoulos, 'The UK Supreme Court Quashes Domestic Measures Implementing UN Sanctions' (2010) EJIL: Talk!

A Tzanakopoulos, 'The UN/French Use of Force in Abidjan: Uncertainties Regarding the Scope of UN Authorizations' (2011) EJIL: Talk!

S J Bright, 'The Uncertainty of Certainty in Leases' (2012) 128 LQR 336   [Case Note] [...]

This note explains the significance of the Supreme Court decision in Mexcfield v Berrisford


Anne Carter, Nabiya Syed, Ryan Goss and L Lazarus, 'The Use of Secret Evidence in Judicial Proceedings: A Comparative Survey - Report for the UK Parliamentary Joint Committee on Human Rights' (2011) [...]

On 19 October 2011 the Government published a Green Paper on Justice and Security that proposes reforms to the use of secret evidence. This research paper by Oxford Pro Bono Publico (OPBP) is intended to assist the Joint Committee of Human Rights (JCHR) in its scrutiny of the Government's proposals in the Green Paper.


C Hoyle, R Morgan and A Sanders, 'The Victim's Charter - An Evaluation of Pilot Projects' (1999) 107 Home Office Research Findings

N. W. Barber, 'The Virtues of Advisory Referendums' (2012) United Kingdom Constitutional Law Group Blog

Simon Whittaker, 'The \'Draft Common Frame of Reference\': An Assessment' (Ministry of Justice of the United Kingdom 168 pages 2009)

F Varese, 'There is no place like Home. How the mafia finds it difficult to expand from its geographical base' (2001) Times Literary Supplement '3   [Review]

I Loader, 'This Internment Lobby Risks Harming not Just Liberty, But Security Itself' (2007) The Guardian

A Briggs, 'Timeo Danaos on the Rock of Gibraltar' (2010) 126 Law Quarterly Review 20   [Case Note] [...]

Analysis of decision of Privy Council in Calyon v Michaelides


ISBN: 0023933X

S J Bright, 'Tolerated Trespass or A New Tenancy?' (2006) 122 Law Quarterly Review 48   [Case Note]

S Green, 'Torts and Rights' (2008) 67 Cambridge Law Journal 428   [Review]

M J Spence and Paul A. David, 'Towards Institutional Infrastructures for e-Science: the Scope of the Challenge' (Research Report No. 2 of the Oxford Internet Institute 98 2003) [...]

This is a more easily accesible version of the JISC Report


M J Spence and Professor Paul David, 'Towards Institutional Infrastructures for E-Science: The Scope of the Challenge' (Report for the Joint Information Systems Council 2003)

C Greenhalgh, M Rogers, P Schautschick and V Sena, 'Trade Mark Cluttering: a Report for the UK Intellectual Property Office' (UK Intellectual Property Office 2011)

C Greenhalgh, M Rogers, P Schautschick and V Sena, 'Trade Mark Incentives' (UK Intellectual Property Office 2011)

M Chen-Wishart, 'Transparency and Fairness in Bank Charges' (2010) 126 Law Quarterly Review 157   [Case Note]

G Loutzenhiser and others, 'Transparency in reporting financial data by multinational corporations' (Oxford University Centre for Business Taxation 2011)

A Tzanakopoulos, 'Treaty Interpretation and On the Interpretation of Treaties' (2009) 53 German Yearbook of International Law 721   [Review]

C Greenhalgh, M Longland and D Bosworth, 'Trends and Distribution of Intellectual Property: UK and European patents and UK trade and service marks 1986-2000’' (UK Intellectual Property Office 2003)

F Pirie, 'Tribe and state in Eastern Tibet: feuding, mediation and the negotiation of authority among the Amdo nomads' (2005) Working paper no. 72 Halle: Max Planck Institute for Social Anthropology.

J Pila, 'Trumpet Software Pty Ltd v Ozemail Pty Ltd, 34 IPR 481 (Federal Court of Australia 1996)' (1996) 10 EIPR D   [Case Note]

S Gardner, 'Trusts for Sale: The Age of Consent? - Reviewing Law Commission Working Paper No 106, Trusts of Land: Overreaching (1988)' (1988) 104 Law Quarterly Review 367   [Review]

E Descheemaeker, 'Truth, Defamation and Verbal Injuries: South African Law at the Crossroads?', paper presented at Third International Congress of the World Society of Mixed Jurisdiction Jurists, Hebrew University of Jerusalem

K Moller, 'Two Conceptions of Positive Liberty: Towards an Autonomy-Based Theory of Constitutional Rights' (2008) Oxford Legal Studies Research Paper Series

C Hoyle, A Wilcox and R Young, 'Two-year Resanctioning Study: A Comparison of Restorative and Traditional Cautions' (Home Office 57 1 2004) [...]

Abstract: This study reports the results of a 24 month resanctioning study of traditional and restorative cautions. It compared the resanctioning rates of over 29,000 offenders in the 3 police forces (2 using restorative cautions and 2 using the traditional process). No evidence was found to suggest that restorative cautioning resulted in a statistically significantly reduction in the resanctioning rate or the frequency or seriousness of offending.

ISBN: 1 84473 479X

C Costello, 'UK Migration Policy and EU Law' (2011) The Migration Observatory at the University of Oxford, Policy Primer Series

R M Bagshaw, 'Unauthorized Wedding Photographs' (2005) 121 Law Quarterly Review 550   [Case Note] [...]

Casenote discussing Douglas v Hello! (no 3)


ISBN: 0023-933X

J S Getzler, 'Unclean Hands and the Doctrine of Jus Tertii' (2001) 117 Law Quarterly Review 565   [Case Note] [...]

The nature of titles to personal property as ranked rights to possession is analysed in relation to a case where the legal basis for police confiscation ended, so leaving a presumed thief with a superior title. The illegality or viciousness of the earlier possession was not a bar to title.


ISBN: 0023-933X

S Gardner, 'Uncontrollable Intention in Criminal Law - R v Kingston [1994] QB 81' (1994) 110 Law Quarterly Review 8   [Case Note]

A Ezrachi, 'Under (and Over) Prescribing of Behavioural Remedies' (2005) The University of Oxford Centre for Competition Law and Policy

N C Bamforth, 'Understanding the Impact and Status of the Human Rights Act 1998 within English Law' (2005) New York University School of Law Global Law Working Paper series 60 [...]

Analysis of constituitonal status and impact of the HRA 1998.


ISBN: 1553-1724

Simon Whittaker, 'Unfair Contract Terms, Unfair Prices and Bank Charges' (2011) 74 Modern Law Review 106   [Case Note] [...]

This note assesses the decision of the UK Supreme Court in the 'Bank Charges' case in the light of the decision of the case-law of the ECJ


S J Bright, 'Unfair Terms and Unfair Allocations' (2004) Journal of Housing Law 40   [Case Note] [...]

Note on Court of Appeal decision in Khatun v Newham LBC


ISBN: 13686542

J Cartwright, 'Unilateral Mistake in the English Courts: Reasserting the Traditional Approach' (2009) Singapore Journal of Legal Studies 226   [Case Note] [...]

Case note on Statoil ASA v Louis Dreyfus Energy Services LP


Sarah McCosker, Ben Saul, Deborah Sandler and L Lazarus, 'US v AL QOSI Privileged Memo by Oxford Public Interest Lawyers (OXPIL) for Clive Stafford Smith ' (2004) [...]

This report included specific research questions set to OXPIL by Clive Stafford Smith regarding the charges against Mr. Al Qosi in the Guantanamo Bay military tribunal.


K Baker, S Jones, C Roberts and S Merrington, 'Validity and Reliability of Asset' (London: Youth Justice Board 2003)

J Roberts and M. Manikis, 'Victim Personal Statements at Sentencing: A Review of the Empirical Research. ' (London: Office of the Commissioner for Victims and Witnesses of England and Wales 2011)

S Wallerstein, 'War Aggression and Self-Defence by Y. Dinstein - Book Review' (2012) European human Rights Law Review   [Review]

I Loader, 'We Lock People up with No Thought and to Little Effect' (2007) The Guardian

D Akande, 'What Exactly Was Agreed in Kampala on the Crime of Aggression?' (2010) 2 Equality of Arms Review 23

L Green, 'What is Freedom For?' (2012) Oxford Legal Studies Research Paper [...]

Two conceptions of the value of political freedom are popular. According to one, freedom serves autonomy, creating one’s own path through life. According to the other, freedom serves authenticity, keeping faith with an identity one did not choose. This paper bridges the gap between these views in several ways. It shows that autonomy embraces some of the unchosen aspects of life that authenticity stresses, and that authenticity is consistent with scope for choice within an unchosen identity. It is also shows that both views share a stake in a neglected value, self-knowledge. Partisans of authenticity cannot keep faith with their identity if they do not know what it truly is. Partisans of autonomy cannot choose a path in life without knowing what the options are for them, and these options can be affected instrumentally and constitutively by their identity, which they therefore have a stake in knowing. Of course, there can be more than one sound argument in favor of freedom. But contrary to what many suppose, autonomy and authenticity are complementary, not competing, in making that case. The differences between them are matters of nuance and degree.


S Douglas-Scott, 'What is to be done about the European Constitution?' (2005) British Institute of International and Comparative Law annual conference papers 2005

D J McBarnet, 'When compliance is not the solution but the problem: from changes in law to changes in attitude' (2001) 18 CTSI Research School of Social Sciences Australian National University working paper series 1 [...]

Analysis of 'compliance strategy' as used by enforcement agencies, typology of forms of compliance, the issues that arise when compliance is not 'committed' or 'capitulative' but 'creative'. The need to focus on changing not just law but attitudes to law.


ISBN: 0 642 76817 X 1444

A Briggs, 'When in Rome, choose as the Romans choose' (2009) 125 Law Quarterly Review 191   [Case Note] [...]

Analysis of the significance of the Rome I and Rome II Regulations for English private international law


ISBN: 0023-933X

J Goudkamp, 'When is a Risk of Injury Foreseeable' (2008) 124 Law Quarterly Review 37   [Case Note]

I Loader, 'Where is Policing Studies? (Review Essay)' (2011) 51 British Journal of Criminology 449   [Review]

D Erdos, 'Where next for the Human Rights Act (1998)?: the past, present and future of Britain's Bill of Rights debate', paper presented at Political Science Association (UK)

S Wallerstein, 'Who Can Apply to Add Sites Situated in Disputed Territory to the World Heritage List?' (2012) Ejil: Talk!

J J W Herring, 'Who decides on human rights?' (2009) 125 Law Quarterly Review 1   [Case Note] [...]

A discussion of Re P [2008] UKHL 38.


I Loader, 'Why communty engagement matters?' (2012) Opening Address to Police Foundation Annual Conference

J Pila and D Brennan, 'Why patents for genes aren't patently obvious (editorial)' (2001) The Age (Melbourne)

I Loader, 'Why penal reform should be a Conservative issue' (2009) Conservative Home

N E Stavropoulos, 'Why Principles?' (2007) SSRN - Oxford Legal Studies Research Paper No.28/2007

S Green, 'Winner Takes All' (2004) 120 Law Quarterly Review 566   [Case Note]

S Gardner, 'Wives? Guarantees of their Husbands? Debts - Garcia v National Australia Bank Ltd (1998) 72 ALJR 1243' (1999) 115 Law Quarterly Review 1   [Case Note]

J Rowbottom, 'Written evidence on media ownership (House of Lords Communications Committee, Jun 2008), The ownership of the news, HL Paper 122–I' (2008)

J Rowbottom, 'Written evidence on the funding of political parties to the Committee on Standards in Public Life' (2010)

J Rowbottom, 'Written evidence on the funding of political parties\" (House of Commons Constitutional Affairs Committee, Party Funding, Aug 2006) HC 163-II, Ev.69-73.' (2006)

O Radley-Gardner, 'Wrongful Birth Revisited' (2002) 118 Law Quarterly Review 11   [Case Note] [...]

Casenote on Greenfield v Irwin, a case on wrongful birth.


ISBN: 421755407

N Gur, 'Wrongful Life Claims and the Congenital Disabilities Act: Searching for Coherence' [...]

A paper examining problems in the relation between the common law approach to ‘wrongful life' claims and the statutory provision in Section 1A of the Congenital Disabilities Act 1976.


E Descheemaeker, '‘Veritas non est defamatio’? Truth as a Defence in the Law of Defamation', paper presented at Research Seminar Series, University of Bristol (14 October 2009)

A Braun, '‘An Italian Perspective’ ' (2011) Edinburgh Law Review 475

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