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Religion in the Workplace: Eweida and Others v United Kingdom 工作场所的宗教:威达等人诉英国
Wiley-Blackwell: Modern Law Review Pub Date : 2014-03-01 DOI: 10.1111/1468-2230.12066
R. Mccrea
{"title":"Religion in the Workplace: Eweida and Others v United Kingdom","authors":"R. Mccrea","doi":"10.1111/1468-2230.12066","DOIUrl":"https://doi.org/10.1111/1468-2230.12066","url":null,"abstract":"The European Court of Human Rights judgment in Eweida and Others v United Kingdom dealt with the increasingly controversial questions of religious symbols at work and the clash between free conscience and anti‐discrimination norms. In a change of approach, it held that the right to resign could no longer be seen as adequate protection for religious freedom and that workplace norms that restrict religious liberty must satisfy a proportionality test. However, it accorded a wide margin of appreciation to States in reconciling freedom of conscience and freedom from discrimination, ruling that the importance of non‐discrimination could justify a failure to exempt a religious individual from complying with a policy forbidding discrimination on grounds of sexual orientation.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134344146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 13
The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment: Conundrum Resolved? 普通法雇佣合同的选择性终止论与自动终止论:难题解决了吗?
Wiley-Blackwell: Modern Law Review Pub Date : 2013-11-01 DOI: 10.1111/1468-2230.12049
D. Cabrelli, Rebecca L. Zahn
{"title":"The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment: Conundrum Resolved?","authors":"D. Cabrelli, Rebecca L. Zahn","doi":"10.1111/1468-2230.12049","DOIUrl":"https://doi.org/10.1111/1468-2230.12049","url":null,"abstract":"If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the elective theory) or whether the former's breach operates to bring the contract of employment to an end (the automatic theory). The recent decision of the Supreme Court in Societe Generale (London Branch) v Geys has finally resolved this question. By a majority, the Supreme Court held that the elective theory also applies in the context of a wrongful repudiation of the employment contract by express dismissal or resignation. This note examines the significance of Geys in the context of the common law of the contract of employment and evaluates whether a number of related issues surrounding the breach and termination of the employment contract have been resolved.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125116094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Sex and Capacity: The Management of Monsters? 性与能力:怪物的管理?
Wiley-Blackwell: Modern Law Review Pub Date : 2013-11-01 DOI: 10.1111/1468-2230.12045
R. Sandland
{"title":"Sex and Capacity: The Management of Monsters?","authors":"R. Sandland","doi":"10.1111/1468-2230.12045","DOIUrl":"https://doi.org/10.1111/1468-2230.12045","url":null,"abstract":"The first consideration by a civil court of the test of capacity to engage in sexual relations – X City Council v MB, NB and MAB – is as recent as 2005. This article places this and subsequent cases in the historical context of the way in which the law has constructed the sexuality of persons with intellectual impairment. The article argues that, beginning with a series of rape cases in the mid to late nineteenth century, which recognised the concept of consent given through the expression of animal instincts, the law has accepted and deployed a model of intellectual impairment which understands expressions of sexuality in terms of an increasingly unstable opposition between vulnerability and danger, understood as the presence or absence of instinct, and as indicating an underlying ‘monstrosity’. The article argues that the historical continuity apparent in the modern case law is unfortunate and should be rectified.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129414029","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 6
The Mandatory Bid Rule: Efficient, after All? 强制投标规则:效率到底如何?
Wiley-Blackwell: Modern Law Review Pub Date : 2013-05-01 DOI: 10.1111/1468-2230.12023
Edmund-Philipp Schuster
{"title":"The Mandatory Bid Rule: Efficient, after All?","authors":"Edmund-Philipp Schuster","doi":"10.1111/1468-2230.12023","DOIUrl":"https://doi.org/10.1111/1468-2230.12023","url":null,"abstract":"The mandatory bid rule has its origins in the UK and now applies throughout the EU and in many other jurisdictions. Under a mandatory bid, an acquirer of a controlling stake in a listed company has to offer to the remaining shareholders a buy-out of their minority stakes at a price equal to the consideration received by the incumbent controller. While the rule warrants that no value-destroying control transfers take place, it is often criticised for preventing value-increasing transactions. This paper challenges some of the claims made by critics of mandatory bids. Highlighting the effects of synergy gains in private sale-of-control transactions, it is shown that mandatory bids prevent inefficient control transfers, where minority shareholder protection rules provide inadequate protection. Furthermore, mandatory bids help facilitate transfers to the most efficient bidders in multi-bidder settings. The mandatory bid is justifiable, on economic grounds, in wider circumstances than is commonly assumed by law and economics scholars.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126028370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 13
Rape, Defendant Anonymity and Evidence‐Based Policy Making 强奸，被告匿名和基于证据的政策制定
Wiley-Blackwell: Modern Law Review Pub Date : 2013-01-01 DOI: 10.1111/1468-2230.12004
P. Rumney, R. Fenton
{"title":"Rape, Defendant Anonymity and Evidence‐Based Policy Making","authors":"P. Rumney, R. Fenton","doi":"10.1111/1468-2230.12004","DOIUrl":"https://doi.org/10.1111/1468-2230.12004","url":null,"abstract":"In 2010, the Coalition government announced in its Programme for Government, that: 'We will extend anonymity in rape cases to defendants.' The question of anonymity for defendants accused of rape and other sexual offences, has been repeatedly raised in parliamentary debates over several decades, and has also received frequent attention in newspapers and, to a lesser extent, in academic and professional literature. The debate includes an array of factual claims and arguments that rest on weak empirical foundations. In November 2010, the Ministry of Justice published a report entitled: Providing Anonymity to those Accused of Rape: An Assessment of Evidence, which was intended to provide an evaluation of evidence that would inform the debate over defendant anonymity. This article critically examines this report and its discussion of key issues such as false rape allegations, and considers whether its conclusions can be relied upon by policy makers. Language: en","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133381530","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law 《联合国残疾人权利公约》和《精神卫生法》
Wiley-Blackwell: Modern Law Review Pub Date : 2012-09-01 DOI: 10.1111/J.1468-2230.2012.00923.X
P. Bartlett
{"title":"The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law","authors":"P. Bartlett","doi":"10.1111/J.1468-2230.2012.00923.X","DOIUrl":"https://doi.org/10.1111/J.1468-2230.2012.00923.X","url":null,"abstract":"The United Nations Convention on the Rights of Persons with Disabilities (CRPD) took effect in 2008. This paper discusses a number of flashpoints where the CRPD will require real and significant reconsideration of English mental health and mental capacity law. The CRPD introduces a new paradigm into international disability law, relying on the social model of disability. While that is no doubt a good thing, there is as yet no clear sense as to how that is to be implemented. After providing an introduction to the Convention, the paper considers four specific areas: mental capacity law (focussing on the provisions of the Mental Capacity Act 2005), psychiatric treatment without consent, civil detention of people with mental disabilities, and mental disability in the criminal system (fitness to plead, insanity and diminished responsibility).","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125864129","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 117
The Proposed ‘Common European Sales Law’: Legal Framework and the Agreement of the Parties 拟议的“欧洲共同销售法”:法律框架和各方协议
Wiley-Blackwell: Modern Law Review Pub Date : 2012-07-01 DOI: 10.1111/J.1468-2230.2012.00915.X
S. Whittaker
{"title":"The Proposed ‘Common European Sales Law’: Legal Framework and the Agreement of the Parties","authors":"S. Whittaker","doi":"10.1111/J.1468-2230.2012.00915.X","DOIUrl":"https://doi.org/10.1111/J.1468-2230.2012.00915.X","url":null,"abstract":"The European Commission's Proposal for a Regulation on a Common European Sales Law (‘CESL’) seeks to create a European scheme of contract law available for parties to choose to govern cross‐border contracts for the sale of goods, supply of ‘digital content,’ and for the supply of related services. This article explains the background to the Proposal, sketches out the purposes and scope of the CESL, and considers and criticises its legal framework (and in particular its relationship with private international law) and the key requirement of the parties’ agreement. In the author's view, the CESL scheme remains an unconvincing basis for the achievement of its economic purposes and, as regards consumer contracts, puts too much reliance on the agreement of the consumer as a justification for the loss of their existing protection under EU private international law rules.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121423979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 13
Lord Mustill and the Courts of Tennis – Dallah V Pakistan in England, France and Utopia 穆斯提尔勋爵和网球场-达拉vs巴基斯坦在英国，法国和乌托邦
Wiley-Blackwell: Modern Law Review Pub Date : 2012-07-01 DOI: 10.1111/j.1468-2230.2012.00918.x
Jan Kleinheisterkamp
{"title":"Lord Mustill and the Courts of Tennis – Dallah V Pakistan in England, France and Utopia","authors":"Jan Kleinheisterkamp","doi":"10.1111/j.1468-2230.2012.00918.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2012.00918.x","url":null,"abstract":"This note analyses the reasoning of the English and French courts in Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan, in which an arbitral tribunal had accepted jurisdiction over the Government of Pakistan on the basis of an arbitration agreement concluded by a trust that was created, controlled, and then extinguished by the Government. It highlights the English courts' clarifications on the degree to which arbitral awards should benefit from the presumption of validity at the stage of enforcement and discusses how the cultural background of the English and French judges - and of the arbitrators - drove them to come to contradictory results. Moreover, it argues that both judges and arbitrators, owing to the way the parties framed their arguments, probably missed the proper solution of the case.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114368632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
Al Rawi, Tariq, and the Future of Closed Material Procedures and Special Advocates Al Rawi, Tariq，以及封闭材料程序和特别倡导者的未来
Wiley-Blackwell: Modern Law Review Pub Date : 2012-07-01 DOI: 10.1111/j.1468-2230.2012.00916.x
J. Ip
{"title":"Al Rawi, Tariq, and the Future of Closed Material Procedures and Special Advocates","authors":"J. Ip","doi":"10.1111/j.1468-2230.2012.00916.x","DOIUrl":"https://doi.org/10.1111/j.1468-2230.2012.00916.x","url":null,"abstract":"This note considers the impact of the Supreme Court's decisions in Al Rawi v The Security Service and Home Office v Tariq on the use of closed material procedures and special advocates. The government's subsequent Justice and Security Green Paper is also discussed.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134265197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Arresting Developments? Restricting the Enforcement of the UK's Universal Jurisdiction Provisions 逮捕的发展?限制英国普遍管辖权条款的执行
Wiley-Blackwell: Modern Law Review Pub Date : 2012-05-01 DOI: 10.1111/J.1468-2230.2012.00905.X
Sarah Williams
{"title":"Arresting Developments? Restricting the Enforcement of the UK's Universal Jurisdiction Provisions","authors":"Sarah Williams","doi":"10.1111/J.1468-2230.2012.00905.X","DOIUrl":"https://doi.org/10.1111/J.1468-2230.2012.00905.X","url":null,"abstract":"Recently introduced legislative amendments limit the issue of arrest warrants on the application of a private prosecutor where jurisdiction is based on universal jurisdiction. The amendments addressed a ‘loophole’ in English law whereby a private prosecutor could seek and be granted an arrest warrant, generally in respect of an individual on a short term visit to the UK, even though the consent of the Attorney General would be required for the prosecution to continue. This article argues that these amendments addressed legitimate evidentiary and diplomatic relations concerns, are consistent with the UK's international obligations, and are in line with the UK's policy on the exercise of universal jurisdiction and with international trends. However, given the limited category of persons who were subject to such arrest warrants under the previous law and the practice of the UK concerning special missions, the amendments may be of limited practical significance.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126664222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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