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Recent (2015) and Forthcoming Other Forms of Output

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C Costello, ''European Justice for Migrants and Refugees' ' (2015) VerfBlog

C Costello and Mariagiulia Giuffre, ''Tragedy' and responsibility in the Mediterranean' (2015) Open Democracy

J Goudkamp, 'A Revolution in Duty of Care?' (2015) 131 Law Quarterly Review 519   [Case Note]

Janda, K. B and others, 'A WICKED approach to retail sector energy management' 1 , paper presented at ECEEE Summer Study, 1-6 June 2015 (Presqu'île de Giens, France). Vol. 1 - Foundations of Future Energy Policy, European Council for an Energy-Efficient Economy: Stockholm, Sweden. 185 [...]

The UK retail sector is vital to the economy, diverse, and facing a number of challenges. Retailers range from multinational corporations to small independent stores, selling everything from antiques to frozen yoghurt. Stakeholders include landlords, tenants, and owner-occupiers. Across the sector, energy costs and requirements for understanding, displaying, and reporting energy use are increasing. Meanwhile organisations face competing pressures to “go local”, support staff development, and keep prices down. Because of this diversity, retail energy management creates a “wicked” problem, where solutions to challenges are contentious and multi-faceted. The Working with Infrastructure Creation of Knowledge and Energy strategy Development (WICKED) project provides energy solutions for different retail market segments. Through cooperative research, WICKED investigates clusters of technical, legal, and organisational challenges faced by retail groups, including those with smart meters and energy managers (the “data rich”) and those without (the “data poor”). In partnership with energy suppliers, retailers, landlords, SMEs, and Oxford University, WICKED develops actionable energy and business insights by combining (1) top-down big data analytics, (2) middle-out organisational research, and (3) new bottom-up data. Building on this interdisciplinary evidence base, WICKED co-designs market-ready energy strategies to fit the retail sector’s diverse needs. The project uses a segmented socio-technical model to explore challenges faced by six different types of stakeholders in the retail market: data rich and data poor owner-occupiers, landlords, and tenants. This paper presents data from three different organizations: a European electronics retailer; a multi-national full-service department store; and a budget shopping centre with 91 units. These cases show that one size does not fit all: the data rich and poor will need different energy management solutions. Smart meters will not solve everything: further analysis is necessary to turn numbers into knowledge. Changes to legal infrastructure (e.g., leases) will be needed to assist tenants and landlords in sharing data to enable both groups to monitor, measure, and report energy use. Additionally, how organisational cultures frame employee duties, behaviours, and expectations requires further investigation.

P S Davies, 'Accessory Liability in Tort' (2015) LQR   [Case Note] (forthcoming)

J Goudkamp, 'Apportionment of Damages for Contributory Negligence: Appellate Review, Relative Blameworthiness and Causal Potency' (2015) 19 Edinburgh Law Review 367   [Case Note]

L Ferguson, 'Case Comment on S v S [2014] EWHC 7 (Fam): 'Arbitral Awards: A Magnetic Factor of Determinative Importance, Yet Not To Be Rubber-Stamped'' (2015) 35 Journal of Social Welfare and Family Law 99   [Case Note]

A Higgins, 'Civil justice in a shrinking state ' (2015) 34 Civil Justice Quarterly 221

N B Cohen and others, 'Commentary on the Hague Principles on Choice of Law in International Commercial Contracts' (2015)

A Dickinson and G Saumier, 'Commentary on the Hague Principles on Choice of Law in International Commercial Contracts, Art 11 (Overriding mandatory rules an public policy)' (2015)

S Dimelow and others, 'Common Sense or Confusion? The Human Rights Act and the Conservative Party ' (Constitution Society 2015)

T Khaitan and F Ahmed, 'Constitutional Avoidance in Social Rights Adjudication' (2015) Oxford Journal of Legal Studies   [Review] (forthcoming) [...]

In Judging Social Rights, Jeff King makes a powerful case for a limited, incrementalist, judicial approach to social rights adjudication. We argue that while King’s prescriptions are justified, he is too cautious about the applicability of his incrementalist prescriptions to legal systems that suffer systemic administrative inefficiencies. Using the Indian experience as a case study, we show that such caution is misplaced, and that at least one of King’s incrementalist strategies, constitutional avoidance, has particular salience for such jurisdictions.

N. W. Barber, 'Constitutionalism: Negative and Positive ' (2015) Oxford Legal Studies Research paper

W E Peel, 'Desideratum or principle: the compensatory principle revisited' (2015) 131 Law Quarterly Review 29   [Case Note] [...]

A note of the decision of Teare J. in The Glory Wealth on the extent to which the courts, when assessing damages for breach of contract, may take into account post-termination evidence that the claimant would not have been able to perform his future obligations.

J Prassl, 'European Employment Law at the Crossroads' (2015) British Academy Blog

P S Davies, 'Gain-based remedies for dishonest assistance' (2015) 131 LQR 173   [Case Note]

S Fredman and B. Goldblatt, 'Gender Equality and Human Rights: Background Paper for UN Women's Progress of the World's Women Report (2015)' (2015) 4 UN Women Discussion Paper Series 1 [...]

Prepared as a background paper to UN Women's Flagship Report, Progress of the World's Women (2015), this paper examines the elaboration of the right to equality by the various actors within the treaty system who are tasked with elaborating on the meaning of human rights in international law. This paper evaluates these elaborations against a conception of equality that is substantive. The achievement of substantive equality is understood here as having four dimensions: redressing disadvantage; countering stigma, prejudice, humiliation and violence; transforming social and institutional structures; and facilitating political participation and social inclusion. The paper shows that, although not articulated in this way, these dimensions are clearly visible in the application by the various interpretive bodies of the principles of equality to the enjoyment of treaty rights. At the same time, it shows that there are important ways in which these bodies could go further, both in articulating the goals of substantive equality and in applying them when assessing compliance by States with international obligations of equality.

ISBN: 978-1-63214- 024-1

C Hodges and C Decker, 'Government-sponsored voluntary regulation' (2015) [...]

Research report being published by the British Retail Consortium, forthcoming.

Mimi Zou and J Goudkamp, 'Hounga v Allen' (2015) 29 Journal of Immigration, Asylum and Nationality Law 56   [Case Note]

N. W. Barber, 'Institutional Cures for Cognitive Ailments ' (2015) The New Rambler

T Khaitan, 'Koushal v Naz: Judges Vote to Recriminalise Homosexuality' (2015) 78 Modern Law Review 672   [Case Note] [...]

In Koushal v Naz the Indian Supreme Court overturned a High Court judgment which had declared unconstitutional section 377 of the Indian Penal Code criminalising 'carnal intercourse against the order of nature‘. In doing so, it has rebranded gay and transgendered Indians as criminals. This case note explores some of the structural problems that led to this judgment. The first problem is the transformation of the Indian Supreme Court into a populist, quasi-legislative, institution that sees itself as a tool of governance. This has put significant pressure on its counter-majoritarian role. The second relates to the sheer size of the Court's docket (given its wide jurisdiction and lax standing rules), coupled with the Indian legal academy's inability and unwillingness to continuously demand judicial fidelity to the law. These factors have led to the normalisation of unreasoned or poorly-reasoned judgments and a breakdown of stare decisis.

S Steel, 'On when Fairchild applies' (2015) 131 LQR 363   [Case Note]

A Dickinson, 'Once Bitten - Mutual Distrust in European Private International Law (The Alexandros T)' (2015) 131 Law Quarterly Review 186   [Case Note]

S Douglas-Scott, 'Opinion 2/13 and the elephant in the room: a reply to Daniel Halberstam' (2015) Verfassungsblog

J Armour and D Awrey, 'Prioritizing the Implementation of International Financial Regulation ' (Commonwealth Secretariat Economic Papers 95 2015) [...]

The global financial crisis of 2007–08 triggered a plethora of regulatory reforms under the auspices of international bodies such as the G20 and Financial Stability Board. Yet the implementation of these reforms remains a task for individual countries. This paper presents a risk-based framework for implementing international financial regulation within national economies, in particular in small states. It shows how these countries can navigate the standard setting processes used by the relevant international bodies. It includes case studies to illustrate how the framework can be integrated with standard setting processes to improve outcomes for small states.

ISBN: 9781849291408

L Ferguson and N Webber, 'School Exclusion and the Law: A Literature Review and Scoping Survey of Practice ' (University of Oxford 2015)

D Akande, 'Several short pieces, notes and comments on EJIL:Talk!' (2015) Blog of the European Journal of International Law

J J W Herring, 'Social inequality and the law' (2015)

Stremlau, N., I Gagliardone and Fantini, E, 'Somalia Calls. Radio Stations, Mobile Phones, and the Construction of Authority in the Somali Media' (2015) (forthcoming)

A Ezrachi, 'Sponge' (2015) [...]

A look at the international competition law landscape reveals consensus as to the main goals of competition law. Indeed, core economic reasoning and market analysis serve as the backbone to competition analysis and support assimilation of thought and policy worldwide. Orbiting that core, one may identify a wider, heterogeneous, range of policies advanced by competition regimes. These policies are sometimes viewed as external to the pure competition analysis and, as such, may be regarded as illegitimate. Overall, the ‘in’ and ‘out’ methodology presupposes the presence of a legal and analytical structure which defines competition law and to which jurisdictions are expected to align. This paper explores that proposition. It considers the inherent properties of the law and questions the presence of a clear dividing line between competition law and external considerations. It argues that the law, by its nature, provides for an absorbent and flexible platform which soaks up national values and interests. Accordingly, the inherent scope and nature of modern competition laws are not necessarily as consistent and objective as one might like them to be.

Z Vermeer and others, 'Submission to the Political and Constitutional Reform Committee of the House of Commons for its Consultation on ‘A New Magna Carta?’' (2015)

K Laird, 'Sunil Bharti Mittal v Central Bureau of Investigation ' (2015) Lloyd's Law Reports: Financial Crime 189   [Case Note]

N. W. Barber, 'The Constitutional Regulation of Scottish Secession' (2015) Oxford Legal Studies Research paper

J Goudkamp and Mimi Zou, 'The Defence of Illegality in Tort: Beyond Judicial Redemption?' (2015) 74 Cambridge Law Journal 13   [Case Note]

J Prassl, 'The Employment Impact of Private Equity Investors: A Return of the Barbarians?' (2015) 44 ILJ 150   [Review]

Kathryn B. Janda and others, 'The evolution of greener leasing practices in Australia and England' , paper presented at RICS COBRA AUBEA 2015 [...]

Improving the environmental performance of the built environment is a ‘super wicked’ problem, lacking a simplistic or straightforward response. This is particularly challenging where space is rented, in part because the relationships between the various owners, users and managers of the space is regulated – at least in a formal sense - through the lease. Traditional leases largely ignore environmental considerations and present barriers to making energy efficient upgrades. Leasing practices are evolving to become greener. Evidence from a Sydney Better Buildings Partnership (BBP) study, Australian leasing experts, a UK commercial lease study and a case-study of a major UK retailer, Marks & Spencer (M&S), suggests an increasing, trend towards green leases in most of these markets and opportunities for improving environmental performance through green leasing. Further research is needed in both countries to understand the impact that greener leasing has on environmental performance of buildings.

L Green, 'The Forces of Law: Duty, Coercion and Power' (2015) Oxford Legal Studies Research Paper [...]

This paper addresses the question of the relationship between law and coercive force. It defends, against Frederick Schauer’s claims in his book, The Force of Law, the following propositions: (a) the force of law consists in three things, not one: the imposition of duties, the use of coercion, and the exercise of social power. These are different and distinct. (b) Even if coercion is not part of the concept of law, coercion is connected to law in a variety of ways. These are amply recognized in contemporary jurisprudence. (c) We cannot determine how important coercion is to the efficacy of law until we know what counts as coercive force. This question is not a matter for empirical generalization or bare stipulation. It requires an explanation of the concept of coercion.

J Prassl, 'The Lisbon Treaty and Social Europe, edited by Niklas Bruun, Klaus Lörcher and Isabelle Schömann. (Oxford: Hart Publishing, 2012)' (2015) 52 CMLRev 310   [Review]

S Douglas-Scott and Dr Eve Hepburn, 'The permanence issue: symbolism or power' (2015) Written Evidence to the Scottish Parliament on the Scotland clauses

P Eleftheriadis, 'The Problem with Greece (and with Europe)' (2015) Political Quarterly   [Review]

P Eleftheriadis, 'The Unfair Eurozone' (2015)

A Adams, M Freedland and J Prassl, 'The \"Zero-Hours Contract\": Regulating Casual Work, or Legitimating Precarity?' (2015) Oxford Legal Studies Research Paper 00/2015 | ELLN Research Paper 05/2015 [...]

Zero-Hours Contracts have become one of the most high-profile employment law issues of recent years. In this article, we analyse the legal and empirical evidence of work under Zero-Hours arrangements and suggest that whilst a legal engagement with Zero-Hours Contracts as an unresolved labour market problem is long overdue, the current discourse surrounding these work arrangements is fundamentally flawed: there is no such thing as the Zero-Hours Contract as a singular category; the label serves as no more than a convenient shorthand for masking the explosive growth of precarious work for a highly fragmented workforce. Ongoing attempts at regulating Zero-Hours Contracts thus constitute a significant shift towards the normalisation of all but the most extreme forms of abusive employment arrangements, leaving a rapidly increasing number of workers without recourse to employment protective norms. In concluding, we indicate ways towards a more coherent approach to the de-normalisation and progressive regulation of this large and growing set of casual work arrangements. Also published as ELLN Research Paper 05/2015 at (ISSN 2197-1102)

ISBN: ISSN 2197-1102

I Gagliardone, 'UNESCO Internet Study: Hate Speech Online' (2015) (forthcoming)

K Laird, 'United States v Sidorenko' (2015) Lloyd's Law Reports: Financial Crime 552   [Case Note]

S Douglas-Scott, 'Would the United Kingdom survive an exit from the EU?' (2015)

L Ferguson, 'Wyatt v Vince: the reality of individualised justice – financial orders, forensic delay, and access to justice' (2015) 27 Child and Family Law Quarterly 195   [Case Note] [...]

In Wyatt v Vince, the Supreme Court was called upon to consider the correct interpretation of rule 4.4 of the Family Procedure Rules 2010, which governs the court’s power to strike out a statement of case. The Court of Appeal’s 2013 decision, from which the wife appealed, was the first reported decision on the interpretation of rule 4.4. This case commentary examines the Supreme Court’s unanimous judgment in detail. Whilst the judicial interpretation of rule 4.4 resolves the matter before the court, Lord Wilson’s judgment contains critical analysis of the nature of ‘needs’ and ‘contributions’ within the Matrimonial Causes Act 1973, section 25 exercise, both independently and as they relate to delay. The court responds to the ‘forensic delay’ on the facts by narrowing its construction of ‘needs’ to those generated by the relationship and treating delay as a countervailing consideration to weigh against ‘contributions’. The former reasoning raises the possibility of a more coherent, interpersonal theoretical basis for financial provision upon relationship breakdown more generally. The latter arguably constructs delay as a substantive consideration, which strengthens the social obligation basis for financial provision.

J Prassl and M Freedland, 'Zero-Hours Contracts: Zero Problem, or Zero Choice?' (2015) OxHRH

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