Legal Studies最新文献

Conspiracy! Or, when bad things happen to good litigants in person 阴谋！或者，当好的诉讼当事人遭遇不幸时

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-09-02 DOI: 10.1017/lst.2024.18

Kate Leader

引用次数: 0

European human rights law and the legality of sex offence prosecutions based on deception as to gender history 欧洲人权法与基于性别史欺骗的性犯罪起诉的合法性

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-08-15 DOI: 10.1017/lst.2024.17

Alex Sharpe

{"title":"European human rights law and the legality of sex offence prosecutions based on deception as to gender history","authors":"Alex Sharpe","doi":"10.1017/lst.2024.17","DOIUrl":"https://doi.org/10.1017/lst.2024.17","url":null,"abstract":"This paper considers the legality of the UK practice of prosecuting trans people for sexual offences on the basis of deception as to gender history, a practice unknown in other member states. It argues that such prosecutions may constitute an unjustified violation of Article 8 of the European Convention on Human Rights. Moreover, it argues that where criminal prosecution falls within the scope of Article 8 but is viewed as objectively justified under Article 8(2), it may constitute a violation of Article 14. The paper will proceed as follows. Part 2 will provide some background context regarding prosecution of trans people for deception as to gender history in the UK. Part 3 will set out the current law pertaining to sexual fraud in England and Wales. Part 4 will present two arguments as to why prosecutions based on current English law, or Crown Prosecution Service interpretations of it, may violate Article 8: (1) a right to respect for privacy is undermined by lack of legal certainty regarding the threshold of criminal liability; and (2) deception as to gender history ought not to be considered a material deception serving to vitiate consent as a matter of law. Part 5 will consider the issue of potential discrimination under Article 14.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"6 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142221039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Imprisonment for breach of injunctions: what is happening in the civil courts? 违反禁令的监禁：民事法庭正在发生什么？

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-07-01 DOI: 10.1017/lst.2024.14

Caroline Hunter, Rona Epstein, Jed Meers

引用次数: 0

Deportation and human rights: the right to respect for private life in MK (Albania) v Minister for Justice and Equality 驱逐与人权：MK（阿尔巴尼亚）诉司法与平等部长案中尊重私人生活的权利

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-07-01 DOI: 10.1017/lst.2024.15

Clíodhna Murphy

引用次数: 0

Medical negligence and disclosure of alternative treatments 医疗过失和披露替代疗法

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-07-01 DOI: 10.1017/lst.2024.16

Ming Ren Tan

引用次数: 0

Time for Parliament to act? The PACCAR decision of the UK Supreme Court: R (on the application of PACCAR Inc and Others) (Appellants) v Competition Appeal Tribunal and Others (Respondents) [2023] UKSC 28 议会该采取行动了吗？英国最高法院对 PACCAR 案的裁决：R (on the application of PACCAR Inc and Others) (Appellants) v Competition Appeal Tribunal and Others (Respondents) [2023] UKSC 28

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-05-06 DOI: 10.1017/lst.2024.11

Sebastian Peyer

{"title":"Time for Parliament to act? The PACCAR decision of the UK Supreme Court: R (on the application of PACCAR Inc and Others) (Appellants) v Competition Appeal Tribunal and Others (Respondents) [2023] UKSC 28","authors":"Sebastian Peyer","doi":"10.1017/lst.2024.11","DOIUrl":"https://doi.org/10.1017/lst.2024.11","url":null,"abstract":"Litigation funding has become an essential ingredient in collective actions for breaches of competition law brought in the Competition Appeal Tribunal (CAT). In the recent PACCAR proceedings, the Supreme Court was asked to rule on the nature and enforceability of litigation funding agreements (LFAs) between third-party litigation funders and group representatives where the success fee is determined as a percentage of the damages award.1 The Court held with a 4:1 majority (Lady Rose dissenting)2 that the LFAs in question are damages-based fee agreements (DBAs) and, as such, unenforceable. This judgment has wide-ranging consequences, as the CAT is unlikely to allow collective actions to proceed if the funding agreements cannot be relied on. The decision has caused uncertainty and upheaval in the funding market as a considerable number of funding agreements in collective proceedings contain DBAs. It also triggered legal challenges in collective proceedings where funders are seeking to amend the funding agreements to deal with the Supreme Court ruling.3 The fall-out from the decision suggests that funding rules for collective actions may need more legislative attention – litigation funding was given some thought during the drafting of the opt-out action regime, but the legal framework for litigation funding remains fragmented and open to interpretation.4","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"10 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140883974","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Data, disclosure and duties: balancing privacy and safeguarding in the context of UK university student sexual misconduct complaints 数据、披露与责任：在英国大学学生性行为不端投诉中平衡隐私与保护之间的关系

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-05-03 DOI: 10.1017/lst.2024.9

Sharon Cowan, Vanessa E Munro, Anna Bull, Clarissa J DiSantis, Kelly Prince

{"title":"Data, disclosure and duties: balancing privacy and safeguarding in the context of UK university student sexual misconduct complaints","authors":"Sharon Cowan, Vanessa E Munro, Anna Bull, Clarissa J DiSantis, Kelly Prince","doi":"10.1017/lst.2024.9","DOIUrl":"https://doi.org/10.1017/lst.2024.9","url":null,"abstract":"The past decade has seen a marked shift in the regulatory landscape of UK higher education. Institutions are increasingly assuming responsibility for preventing campus sexual misconduct, and are responding to its occurrence through – amongst other things – codes of (mis)conduct, consent and/or active bystander training, and improved safety and security measures. They are also required to support victim-survivors in continuing with their education, and to implement fair and robust procedures through which complaints of sexual misconduct are investigated, with sanctions available that respond proportionately to the seriousness of the behaviour and its harms. This paper examines the challenges and prospects for the success of university disciplinary processes for sexual misconduct. It focuses in particular on how to balance the potentially conflicting rights to privacy held by reporting and responding parties within proceedings, while respecting parties’ rights to equality of access to education, protection from degrading treatment, due process, and the interests of the wider campus community. More specifically, we explore three key moments where private data is engaged: (1) in the fact and details of the complaint itself; (2) in information about the parties or circumstances of the complaint that arise during the process of an investigation and/or resultant university disciplinary process; and (3) in the retention and disclosure (to reporting parties or the university community) of information regarding the outcomes of, and sanctions applied as part of, a disciplinary process. We consider whether current data protection processes – and their interpretation – are compatible with trauma-informed practice and a wider commitment to safety, equality and dignity, and reflect on the ramifications for all parties where that balance between rights or interests is not struck.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"24 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-05-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140829262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

When is an administrator an ‘officer’ of the company? 什么情况下管理人是公司的 "官员"？

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-04-19 DOI: 10.1017/lst.2024.8

John M Wood

引用次数: 0

The Extrajudicial Voice 法外之声

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-04-03 DOI: 10.1017/lst.2024.2

Conall Mallory, Hélène Tyrrell

引用次数: 0

Law and scale: lessons from Northern Ireland and Brexit 法律与规模：北爱尔兰和英国脱欧的经验教训

IF 0.7 4区社会学

Legal Studies Pub Date : 2024-04-01 DOI: 10.1017/lst.2024.3

Sylvia de Mars, Aoife O'Donoghue

{"title":"Law and scale: lessons from Northern Ireland and Brexit","authors":"Sylvia de Mars, Aoife O'Donoghue","doi":"10.1017/lst.2024.3","DOIUrl":"https://doi.org/10.1017/lst.2024.3","url":null,"abstract":"All aspects of law possess scaler elements, but critiques from the ‘politics of scale’, a concept well established in political geography, remain rare in legal analysis. Brexit, especially as regards Northern Ireland, provides a key opportunity to consider scaler analysis both in a descriptive and theoretical sense. Scale deepens our understanding of how law co-constitutes multiple scales but also highlights where a flat understanding of law tied to vertical jurisdictional frames foils attempts to garner a full understanding of its operation. Northern Ireland, a legal and political space that from one perspective lends itself to an apparently clear-cut vertical description of legal scales, actually presents a rich space where networked, rhetorical and nodular scales and structures continuously (re)contest scaled solutions. The Brexit outcome of what used to be known as the Protocol on Ireland/Northern Ireland and is now known as the Windsor Framework – and specifically how the Framework is intended to operate in practice – provides an opportunity to not only understand Northern Ireland within a scale and law frame, but also to highlight the shortcomings of law's traditional scaler approach and what lessons may be learned when analysing or engaging with the intersection of law and politics in similar future situations.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"29 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140561805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0