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All Outputs (48)

Civic Conscience, Selective Conscientious Objection and Lack of Choice (2017)
Journal Article
Nehushtan, Y. (2017). Civic Conscience, Selective Conscientious Objection and Lack of Choice. Ratio Juris, 433-450. https://doi.org/10.1111/raju.12184

Most democratic states tolerate, to various extents, conscientious objection. The same states tend not to tolerate acts of civil disobedience and what they perceive as selective conscientious objection. In this paper it is claimed that the dichotomy... Read More about Civic Conscience, Selective Conscientious Objection and Lack of Choice.

C-621/15 - W And Others v Sanofi Pasteur: An Example of Judicial Distortion and Indifference to Science (2017)
Journal Article
(2017). C-621/15 - W And Others v Sanofi Pasteur: An Example of Judicial Distortion and Indifference to Science. Medical Law Review, 134-145. https://doi.org/10.1093/medlaw/fwx049

This case commentary examines the CJEU’s recent decision in C-621/15 W and Others v Sanofi Pasteur MSD SNC [2017] ECR I. This commentary critically examines the decision through the lens of the cultural conflict between law and science. We argue that... Read More about C-621/15 - W And Others v Sanofi Pasteur: An Example of Judicial Distortion and Indifference to Science.

An Examined Life: Research into University Legal Education in the United Kingdom and the Journal of Law and Society (2017)
Journal Article
(2017). An Examined Life: Research into University Legal Education in the United Kingdom and the Journal of Law and Society. Journal of Law and Society, S129-S143. https://doi.org/10.1111/jols.12053

For academics the nature of their work means that the Socratic demand to live an examined life has a particular force. In this article we look at the extent to which those working in university law schools in England and Wales have lived up to this s... Read More about An Examined Life: Research into University Legal Education in the United Kingdom and the Journal of Law and Society.

The Ethicality of the Demand for (Trans)Parency in Sexual Relations (2017)
Journal Article
(2017). The Ethicality of the Demand for (Trans)Parency in Sexual Relations. Australian Feminist Law Journal, https://doi.org/10.1080/13200968.2017.1376366

This article considers what we owe to each other by way of information disclosure prior to sexual intimacy. It does so in one specific context, namely sexual relations between cisgender and transgender people. In recent years, the UK has witnessed a... Read More about The Ethicality of the Demand for (Trans)Parency in Sexual Relations.

The Ethicality of the Demand for (Trans)Parency in Sexual Relations (2017)
Journal Article
Sharpe, A. (in press). The Ethicality of the Demand for (Trans)Parency in Sexual Relations. Australian Feminist Law Journal, 43(2), 161-183. https://doi.org/10.1080/13200968.2017.1376366

This article considers what we owe to each other by way of information disclosure prior to sexual intimacy. It does so in one specific context, namely sexual relations between cisgender and transgender people. In recent years, the UK has witnessed a... Read More about The Ethicality of the Demand for (Trans)Parency in Sexual Relations.

The crown prosecution guidelines and grossly offensive comments: an analysis (2017)
Journal Article
Higson-Bliss. (2017). The crown prosecution guidelines and grossly offensive comments: an analysis. Journal of Media Law, 173 - 188. https://doi.org/10.1080/17577632.2017.1369574

This article will critically evaluate the Crown Prosecution Service guidelines concerning grossly offensive comments made via social media. Abusive comments conducted online have recently dominated newspaper headlines. The Crown Prosecution Service h... Read More about The crown prosecution guidelines and grossly offensive comments: an analysis.

Older Lesbians, Gay Men and the ‘Right to Die’ debate - ‘I always keep a lethal dose of something, because I don’t want to become an elderly isolated person.' (2017)
Journal Article
(2017). Older Lesbians, Gay Men and the ‘Right to Die’ debate - ‘I always keep a lethal dose of something, because I don’t want to become an elderly isolated person.'. Social and Legal Studies, 606-628. https://doi.org/10.1177/0964663917693916

This article considers the ‘right to die’ debate from the perspectives of older lesbians and gay men, drawing upon data gathered for a PhD in law. My argument is that older lesbians and gay men are multiply disadvantaged (a) by an increased risk of f... Read More about Older Lesbians, Gay Men and the ‘Right to Die’ debate - ‘I always keep a lethal dose of something, because I don’t want to become an elderly isolated person.'.

'Queering Judgement: the case of gender identity fraud' (2017)
Journal Article
(2017). 'Queering Judgement: the case of gender identity fraud'. Journal of Criminal Law, 417-435. https://doi.org/10.1177/0022018317728828

This article is a response to a series of recent successful sexual offence prosecutions brought against transgender and other gender non-conforming people for gender identity fraud, and specifically to Leveson LJ’s judgment in the Court of Appeal dec... Read More about 'Queering Judgement: the case of gender identity fraud'.

Queering Judgment: The Case of Gender Identity Fraud (2017)
Journal Article
(2017). Queering Judgment: The Case of Gender Identity Fraud. Journal of Criminal Law, 417-435. https://doi.org/10.1177/0022018317728828

This article is a response to a series of recent successful sexual offence prosecutions brought against transgender and other gender non-conforming people for gender identity fraud, and specifically to Leveson LJ’s judgment in the Court of Appeal dec... Read More about Queering Judgment: The Case of Gender Identity Fraud.

A/Effective Adjudications: Queer Refugees and the Law (2017)
Journal Article
(2017). A/Effective Adjudications: Queer Refugees and the Law. Journal of Intercultural Studies, 453 - 468. https://doi.org/10.1080/07256868.2017.1341394

Who is the ‘queer refugee’? How do we manage their feelings, emotions and experiences when assessing or supporting their claims for asylum? In contemporary refugee decision-making and litigation, numerous challenges arise when discerning what constit... Read More about A/Effective Adjudications: Queer Refugees and the Law.

Section 61 of the Trustee Act 1925: A Judicious Breach of Trust? (2017)
Journal Article
Haley, M. (2017). Section 61 of the Trustee Act 1925: A Judicious Breach of Trust?. Cambridge Law Journal, 76(3), 537-565. https://doi.org/10.1017/S0008197317000629

This article is concerned with s. 61 of the Trustee Act 1925. It will analyse the origins, design and modern day operation of the jurisdiction to relieve a trustee from personal liability following a breach of trust. It will revisit the threshold con... Read More about Section 61 of the Trustee Act 1925: A Judicious Breach of Trust?.

Exploring the potential duty of care in clinical genomics under UK law. (2017)
Journal Article
Fay. (2017). Exploring the potential duty of care in clinical genomics under UK law. Medical Law International, 158 - 182. https://doi.org/10.1177/0968533217721966

Genome-wide sequencing technologies are beginning to be used in projects that have both clinical diagnostic and research components. The clinical application of this technology, which generates a huge amount of information of varying diagnostic certa... Read More about Exploring the potential duty of care in clinical genomics under UK law..

'Scary Monsters: The Hopeful Undecidability of David Bowie (1947-2016)' (2017)
Journal Article
(2017). 'Scary Monsters: The Hopeful Undecidability of David Bowie (1947-2016)'. Law and Humanities, 228-244. https://doi.org/10.1080/17521483.2017.1344478

This article considers, and renders more accessible, the figure of the Monster. It will first provide a theoretical framework for understanding this historical legal category and contemporary social theory template for the outsider. In doing so, it w... Read More about 'Scary Monsters: The Hopeful Undecidability of David Bowie (1947-2016)'.

Redefining Contractual Capacity?: The UN Convention on the Rights of Persons with Disabilities and the Incapacity Defence in English Contract Law (2017)
Journal Article
(2017). Redefining Contractual Capacity?: The UN Convention on the Rights of Persons with Disabilities and the Incapacity Defence in English Contract Law. Legal Studies, 493-519. https://doi.org/10.1111/lest.12166

How can the incapacity defence in contract law coexist with the concept of universal legal capacity advanced by the UN Convention on the Rights of Persons with Disabilities (CRPD)? In the absence of clear guidance from the CRPD on the link between le... Read More about Redefining Contractual Capacity?: The UN Convention on the Rights of Persons with Disabilities and the Incapacity Defence in English Contract Law.

Lawyers’ question repetition and children’s responses in Scottish criminal courts (2017)
Journal Article
Andrews, S. J., & Lamb, M. E. (2017). Lawyers’ question repetition and children’s responses in Scottish criminal courts. Journal of Interpersonal Violence, 36(1-2), 276-296. https://doi.org/10.1177/0886260517725739

This study examined the effects of repeated questions (n = 7,968) on fifty-six 5- to 17-year-olds’ testimony in child sexual abuse cases in Scottish criminal courts. We examined transcripts of direct- and cross-examinations, categorizing how lawyers... Read More about Lawyers’ question repetition and children’s responses in Scottish criminal courts.

The Pandemic Influenza Preparedness Framework: a viable procurement option for developing states? (2017)
Journal Article
(2017). The Pandemic Influenza Preparedness Framework: a viable procurement option for developing states?. Medical Law International, 227-248. https://doi.org/10.1177/0968533217723683

In this article, I argue that the Pandemic Influenza Preparedness (PIP) Framework is unlikely to have a significant impact on procurement of pandemic influenza vaccines by developing states during the next pandemic. I argue this on the basis that the... Read More about The Pandemic Influenza Preparedness Framework: a viable procurement option for developing states?.