Liverpool Law Review最新文献_第2页

Retained EU Law and Implications for Pregnant Workers: A Therapeutic Jurisprudence Perspective 保留的欧盟法律及其对怀孕女工的影响：治疗法理学视角

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Liverpool Law Review Pub Date : 2023-12-08 DOI: 10.1007/s10991-023-09354-6

Anna Kawalek, Mercedes Rosello

{"title":"Retained EU Law and Implications for Pregnant Workers: A Therapeutic Jurisprudence Perspective","authors":"Anna Kawalek, Mercedes Rosello","doi":"10.1007/s10991-023-09354-6","DOIUrl":"https://doi.org/10.1007/s10991-023-09354-6","url":null,"abstract":"Using the lenses and language of therapeutic jurisprudence, this paper will argue that the rights of pregnant workers are vulnerable in a post-Brexit climate. Whilst the sunset clause from the Retained EU Law Bill, which would have caused all retained EU law to automatically expire at the end of 2023 unless expressly stated otherwise by Ministers, was lifted, the original drafts of the Bill made clear the government’s lack of respect for and interest in protecting workers’ rights (amongst others). Furthermore, despite the abandonment of the sunset, the now legislated Retained EU Law (Revocation and Reform) Act 2023, aiming to deal with all laws that were once of European origin, still gives Ministers wide powers with limited input from Parliament to change EU derived legislation and replace with UK provision. Using an example from employment law, specifically, pregnant workers, this paper will show that the Act is a therapeutic jurisprudence unfriendly bottle as it has the potential to violate positive physical, social, and psychological outcomes. Recognising that these laws are currently vulnerable, we urge the government to keep intact (and potentially enhance) the laws protecting pregnant workers.","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":"148 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138560315","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}

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Enacting a Law on Sexual Assault Using Deceptive Means in India 印度颁布关于使用欺骗手段实施性侵犯的法律

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Liverpool Law Review Pub Date : 2023-12-07 DOI: 10.1007/s10991-023-09357-3

Nikunj Kulshreshtha

引用次数: 0

Antitrust Concerns in the Age of Data-Driven Economies: The Need to Revive the ‘Essential Facilities Doctrine’ 数据驱动经济时代的反垄断问题:重振“基本设施原则”的必要性

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Liverpool Law Review Pub Date : 2023-11-21 DOI: 10.1007/s10991-023-09353-7

Garima Gupta

{"title":"Antitrust Concerns in the Age of Data-Driven Economies: The Need to Revive the ‘Essential Facilities Doctrine’","authors":"Garima Gupta","doi":"10.1007/s10991-023-09353-7","DOIUrl":"https://doi.org/10.1007/s10991-023-09353-7","url":null,"abstract":"The advent of digital economy, more particularly platform markets has increased the role of ‘data’ massively. Data is the central fuel around which business strategies are made coupled with associated algorithms to increase the conversion rates. It is true that since today’s markets are data-driven in nature, dominant undertakings having access to data may end up prohibiting competitors to scale up their networks by exhibiting some explicit or implicit exclusionary conduct against them. Moreover, platform economies exhibit certain distinct characteristics such as network effects, feedback loops, economies of scope and scale and switching costs which in reality end up facilitating ostracization of small or new players. Various antitrust cases against big tech giants such as Google, Microsoft etc. in the recent past have brought forth the reality of such exclusionary conduct. Considering the fact that data is not only needed but is essential for today’s digital businesses, the question arises if sharing of data with market players in certain situations must be ensured. From the lens of antitrust, the central issue is whether data should be considered as an ‘essential facility’ and under what circumstances. Essential facilities doctrine is inspired by the firms’ duty to share which initially was applicable for infrastructural facilities such as phone lines and bridges, but considering that firms may refuse to share data impeding innovation in today’s era, the author argues that the said doctrine, with some qualifications, must be revisited to grant open access to data.","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":"BME-33 6","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138525141","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

The “Legality” of Necessity in the State of Exception 例外状态下必要性的“合法性”

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Liverpool Law Review Pub Date : 2023-11-15 DOI: 10.1007/s10991-023-09355-5

Alexander Carl Dinopoulos

{"title":"The “Legality” of Necessity in the State of Exception","authors":"Alexander Carl Dinopoulos","doi":"10.1007/s10991-023-09355-5","DOIUrl":"https://doi.org/10.1007/s10991-023-09355-5","url":null,"abstract":"In response to extreme conditions, government endowed with extraordinary powers in the form of a state of exception, released from the norms of a rule of law legal order, has been accepted as a modern political institution with an essential role in safeguarding democracy. It is only then, that a democratic government may achieve effective measures necessary to best address the extremities unfolding. The lack of public law theory legitimizing such an institution, alongside the heavy reliance on the medieval principle necessitas legem non habet as the institution’s theoretic premise, prompt contemporary theorist Giorgio Agamben to question the role of the state of exception within modern democracy. This paper will first present how Agamben grounds the state of exception to the concept of necessity, tracing the theory of necessity to its apparent European origin, in the writings of Gratian and Thomas Aquinas. Then, this paper will focus on divergent interpretations of necessity drawn from the halls of the Swiss Federal Palace, whilst discussing the fate of recent state of exceptions. These divergent interpretations of necessity, namely by Ernest Paul Graber and Robert Grimm, both historic members of the Swiss Federal Assembly, indicate how necessity may be interpreted in different ways. Finally, this paper will question the extent to which this parallel relationship, between the state of exception and the concept of necessity, may undermine a democratic rule of law legal order.","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":"13 5","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138525159","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

Human Rights in Sports Arbitration: What Should the Court of Arbitration for Sport do for Protecting Human Rights in Sports? 体育仲裁中的人权:国际体育仲裁法庭应如何保护体育人权?

Liverpool Law Review Pub Date : 2023-10-21 DOI: 10.1007/s10991-023-09352-8

Tsubasa Shinohara

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引用次数: 0

The Rationing of Essential Resources in Times of Crisis: Logan’s Run and the ‘Science-fictional’ Right to Life Under Article 2 of the ECHR 危机时期基本资源的配给:《欧洲人权公约》第2条下洛根的逃跑和“科幻”生命权

Liverpool Law Review Pub Date : 2023-09-28 DOI: 10.1007/s10991-023-09348-4

Alice Diver, Rossella Pulvirenti, Leigh Roberts

{"title":"The Rationing of Essential Resources in Times of Crisis: Logan’s Run and the ‘Science-fictional’ Right to Life Under Article 2 of the ECHR","authors":"Alice Diver, Rossella Pulvirenti, Leigh Roberts","doi":"10.1007/s10991-023-09348-4","DOIUrl":"https://doi.org/10.1007/s10991-023-09348-4","url":null,"abstract":"Abstract We argue that the right to life—for example under Article 2 of the European Convention—has become an increasingly fragile thing, prone to sharp rationing by domestic law and policy makers, almost to the extent seen in certain works of dystopian science fiction. The near-future novel ‘Logan’s Run ’ (1967) depicts a brutally austere regime, that is ‘justified’ in law on the basis that finite, scarcening resources must somehow be preserved, to enable survival. Over—population means that human rights are now fictive however—there are neither family life rights nor privacy rights, and human dignity is in short supply. An all-powerful AI ‘being’ governs via algorithms to ration and curtail lifespans, so that no one is allowed to be older than 21. This rule is enforced via ‘voluntary’ submission to euthanasia, and the intervention of a murderous militia for those who do not comply. As ever, patriotic behaviour is key. Arguably, not dissimilar crisis thinking was seen during the pandemic, with various resources diverted or triaged towards the worthiest citizens—those with the best chances of survival—through the use of such things as ‘frailty algorithms.’ Recent UK case law is then analysed to gauge the extent to which dystopian reasoning might be encroaching upon the effectiveness of human rights protections, post-pandemic.","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135386827","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}

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“The Law is a Terrifying Thing”: Anti-semitic Misuse of the Law in Arnold Wesker’s Shylock “法律是可怕的东西”:阿诺德·威斯克《夏洛克》中反犹主义对法律的滥用

Liverpool Law Review Pub Date : 2023-09-28 DOI: 10.1007/s10991-023-09347-5

Kevin De Ornellas

引用次数: 0

Equity, Imagination and Contested Narratives 公平、想象和争议叙事

Liverpool Law Review Pub Date : 2023-09-23 DOI: 10.1007/s10991-023-09349-3

Adam Kirk-Smith

{"title":"Equity, Imagination and Contested Narratives","authors":"Adam Kirk-Smith","doi":"10.1007/s10991-023-09349-3","DOIUrl":"https://doi.org/10.1007/s10991-023-09349-3","url":null,"abstract":"Abstract Justice and the idea of the moral good pervade legal philosophy and underlie much of legal practice in different contexts. They are particularly resonant in the law of equity and the remedies it makes available. This article uses equity and conceptions of justice explores the role of narratives, fairness and values through the lens of the constructive trust, science fiction, temporality, the counterfactual imagination and creativity. This special edition’s theme of intersectionalities within law is a central analytical thread. Power dynamics and the place of equity in social dialogues around justice and fairness are set alongside socioeconomic vulnerability and othering in understanding how the law succeeds and fails in managing emerging inequalities. A lack of autonomy and voicelessness is often revealed through constrained access to law and legal services, as well as a more vulnerable relationship with time. Engaging the constructive trust provides interesting opportunities to examine the role of the trust within law, and through that explore wider discussions about the nature of legal systems and the remedies they may give rise to. Science fiction has always provided opportunities to create counterfactual worlds and engage hypothetical questions, many of which might illuminate contemporary debates or resonate forward to emerging concerns. Imagination is a central tenet of these worlds, as well as, increasingly, within law when faced with emerging technologies and the issues they present. The article concludes with an acknowledgement that such narratives and opportunities to question social norms can be a valuable tool in grounding societal change.","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135959834","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}

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Jaakko Husa, Interdisciplinary Comparative Law. Rubbing Shoulders with the Neighbours or Standing Alone in a Crowd Cheltenham, UK & Northampton, MA: Edward Elgar, 2022, 256 pp, Hardback, ISBN: 9781802209778 Jaakko Husa，跨学科比较法。与邻居擦肩或独自站在人群中，英国切尔滕纳姆北安普顿，马萨诸塞州:爱德华埃尔加，2022年，256页，精装本，ISBN: 9781802209778

Liverpool Law Review Pub Date : 2023-09-20 DOI: 10.1007/s10991-023-09350-w

Matteo Nicolini

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To Me My X-Men: An Analysis of the European Union’s Engagement with International Intellectual Property Law Through the Prism of a Trade Agreement with the Mutant Nation of Krakoa 给我我的x战警:从与变种人克拉科亚国的贸易协定的角度分析欧盟与国际知识产权法的关系

Liverpool Law Review Pub Date : 2023-09-19 DOI: 10.1007/s10991-023-09345-7

Liam Sunner

{"title":"To Me My X-Men: An Analysis of the European Union’s Engagement with International Intellectual Property Law Through the Prism of a Trade Agreement with the Mutant Nation of Krakoa","authors":"Liam Sunner","doi":"10.1007/s10991-023-09345-7","DOIUrl":"https://doi.org/10.1007/s10991-023-09345-7","url":null,"abstract":"Abstract The purpose of this Article is to examine the European Union’s external relations with the hypothetical mutant nation of Krakoa through the perspective of intellectual property and human rights filtered through a trade agreement between the parties. In doing so, the potential trade agreement with Krakoa allows for the critical reflection of the scope and application of international intellectual property protection, enforcement, and development but also allows for challenges to this existing standard that are not possible elsewhere due to broader economic and political reasons. It discusses the progressive inclusion of TRIPS-Plus provisions in EU international agreements and how this sets the stage for this trade agreement. This paper identifies the extent to which the EU is seeking higher levels of intellectual property protection in the global sphere and discusses to what extent the use of TRIPS-Plus provisions has clashed with the objective of the promotion and protection of human rights in the EU external action. In essence, what can be learned from a trade agreement between the EU and Krakoa, and how this can be applied to future negotiations of the EU and its trading partners at the international level.","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135060696","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