Legal Studies最新文献_第5页

LST volume 43 issue 2 Cover and Front matter 《地球科学》第43卷第2期封面和封面

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-06-01 DOI: 10.1017/lst.2023.22

引用次数: 0

The UK Pay Transparency Regulations: apparent transparency without accountability? 英国薪酬透明度条例:表面透明却没有问责制?

4区社会学

Legal Studies Pub Date : 2023-05-26 DOI: 10.1017/lst.2023.12

Sara Benedi Lahuerta, Peter Rejchrt, Alex Patrick

{"title":"The UK Pay Transparency Regulations: <i>apparent</i> transparency without accountability?","authors":"Sara Benedi Lahuerta, Peter Rejchrt, Alex Patrick","doi":"10.1017/lst.2023.12","DOIUrl":"https://doi.org/10.1017/lst.2023.12","url":null,"abstract":"Abstract The UK enacted its first legal measure to address gender pay inequity, the Equal Pay Act 1970, more than 50 years ago. Yet, in 2021, the gender pay gap (GPG) still stood at 15.4%. Departing from the remedial and individual approach that characterises equal pay legislation, the 2017 Gender Pay Gap Information Regulations (the Regulations) require private and voluntary sector organisations with 250+ employees to annually publish pay data broken down by gender. The long-term aspiration of the Regulations is to contribute to closing the GPG within a generation. It is also hoped that they will encourage the public disclosure of pay data and changes in workplace policies to reduce organisational GPGs (immediate aims) and improve employers’ accountability (underlying aim). This paper considers whether the Regulations have what it takes to meet those immediate and underlying aims. Our assessment framework is built on the premise that for public disclosure to be useful and for employers to tackle the causes of the GPG, the information reported must be of sufficient quality, meaningful and relevant. The paper draws on both doctrinal analysis and empirical data reported by FTSE 100 Index companies to assess the Regulations and determine whether they hold the potential to meet those aims.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136041114","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

Non-Competition Interests in EU Antitrust Law: An Empirical Study of Article 101 TFEU by Or Brook. Cambridge: Cambridge University Press, 2022, 548 pp (£120 hardback) ISBN: 978-1-108-83760-6 欧盟反垄断法中的非竞争利益:Or Brook对第101条TFEU的实证研究。剑桥:剑桥大学出版社，2022,548页(120英镑精装本)ISBN: 978-1-108-83760-6

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-05-12 DOI: 10.1017/lst.2023.16

Emanuela Lecchi

{"title":"Non-Competition Interests in EU Antitrust Law: An Empirical Study of Article 101 TFEU by Or Brook. Cambridge: Cambridge University Press, 2022, 548 pp (£120 hardback) ISBN: 978-1-108-83760-6","authors":"Emanuela Lecchi","doi":"10.1017/lst.2023.16","DOIUrl":"https://doi.org/10.1017/lst.2023.16","url":null,"abstract":"Every so often, a book can jolt us out of the way in which we have been used to thinking about our own discipline. As Or Brook herself recognises, an ‘impressive array of legal scholarship’ has debated the objectives of EU competition policy, the impact of the so-called ‘more economic approach’, and the role of sustainability and other non-market related factors, in the application of competition law generally and Article 101 TFEU specifically. However, starting from a relatively narrow (if ambitious) set of research questions, Brook prompts the reader to consider the very essence of administrative action. Especially after Regulation 1/2003 (the Modernisation Regulation), and the adoption of the so-called ‘more economic approach’ to competition law enforcement, competition enforcers have opted for administrative discretion (to set their priorities, or to open and close cases) over the transparent enforcement of the rules. This has serious consequences for predictability and legal certainty. As the title makes clear, the focus of the investigation is Article 101 TFEU (specifically Article 101 (1) and Article 101(3)). Chapter 1 sets the scene, laying out the research questions, the methodology and the definitions used. The research questions aim to assess the evolution of ‘the rationale, method and limits for balancing competition and non-competition interests in the enforcement of Article 101 TFEU’. Brook takes a narrow approach to the term ‘competition interests’, defined as the ‘core value protected by Article 101 TFEU, namely the promotion of competition process and structure’. This definition is in line with previous academic works, as well as the European Commission (the","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"562 - 566"},"PeriodicalIF":0.7,"publicationDate":"2023-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44677279","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

Missing in action? Mortgage enforcement under section 126 of the Consumer Credit Act 1974 在行动中失踪?1974年《消费者信贷法》第126条规定的抵押执行

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-05-11 DOI: 10.1017/lst.2023.14

Lisa Whitehouse, Cecily Crampin

引用次数: 0

Extra-territoriality and the UK Insolvency Act 1986 域外管辖权与1986年英国破产法

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-05-08 DOI: 10.1017/lst.2023.15

G. McCormack

{"title":"Extra-territoriality and the UK Insolvency Act 1986","authors":"G. McCormack","doi":"10.1017/lst.2023.15","DOIUrl":"https://doi.org/10.1017/lst.2023.15","url":null,"abstract":"\u0000 This paper considers whether UK corporate insolvency law and the UK Insolvency Act 1986 have extra-territorial effect post-Brexit, and whether – and to what extent – it is for the courts or the legislature to extend any extra-territorial effect. It does not deal with ‘inward recognition’, ie the recognition of foreign judgments and orders in the UK.\u0000 Brexit has left something of a vacuum and provisions which might otherwise have applied extra-territorially, at least within the EU, may now have been deprived completely of extra-territorial effect. But all is not lost and Brexit here presents opportunities. There is room for clarifying that particular provisions which might otherwise have discriminated between EU application and application vis-à-vis the rest of the world can now be given a uniform global interpretation. Courts should, however, proceed incrementally in extending the extra-territorial scope of UK corporate insolvency law.\u0000 A bolder reform would be to enact legislation that specifies the exact extent to which the UK Insolvency Act applies extra-territorially. Legislation obviously depends on parliamentary time and requires detailed drafting but also provides the opportunity for the UK to showcase that it remains at the forefront of international insolvency developments.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46456493","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

The prohibition of forced or compulsory labour and conditional welfare under the United Kingdom's Universal Credit Scheme 根据联合王国的普遍信贷计划，禁止强迫或强制劳动和有条件福利

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-04-27 DOI: 10.1017/lst.2023.11

A. Almutawa, Bashayer Almajed

引用次数: 0

Policing, citizenship and the civil courts: how increased settlement of civil claims has impacted police accountability 治安、公民身份和民事法庭:民事索赔和解的增加如何影响警察问责制

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-04-20 DOI: 10.1017/lst.2022.55

Clare Torrible

{"title":"Policing, citizenship and the civil courts: how increased settlement of civil claims has impacted police accountability","authors":"Clare Torrible","doi":"10.1017/lst.2022.55","DOIUrl":"https://doi.org/10.1017/lst.2022.55","url":null,"abstract":"\u0000 It is recognised that civil litigation has a place within the police accountability infrastructure. However, the role of actions against the police for wrongful arrest, false imprisonment, assault, and malicious prosecution (hereafter police actions) is underexplored. Taking citizenship as its analytical frame, this paper probes the relationship between police actions and the police complaints and discipline system over the last 60 years. Its primary focus is the Court of Appeal decision Thompson v Commissioner of Police of the Metropolis, Hsu v Same [1998] QB 498 (Thompson). Here the potential for police actions to expose questionable police responses to officer misconduct, and failings in external oversight mechanisms, came into conflict with the drive towards proportionate civil justice. In prioritising the latter, Thompson increased police autonomy over settlement of police actions, thereby deprioritising the role of the courts in demarcating the limits of state interference with citizens’ rights. It is not suggested that Thompson should be overruled. Instead, it is contended that recognising the impact of the decision on subsequent reforms to police accountability processes and contemporary conceptions of the police-citizen relationship is crucial to understanding the roots of current disquiet concerning police accountability (and therefore to the development of meaningful reforms).","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47324415","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

Disputing death: brain death in the courts 争议死亡：法庭上的脑死亡

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-04-20 DOI: 10.1017/lst.2022.45

M. Donnelly, B. Lyons

引用次数: 1

Incapacitous patients, assisted reproductive technology, and the importance of informed consent 无行为能力的病人，辅助生殖技术，以及知情同意的重要性

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-04-20 DOI: 10.1017/lst.2023.10

Lisa Cherkassky

{"title":"Incapacitous patients, assisted reproductive technology, and the importance of informed consent","authors":"Lisa Cherkassky","doi":"10.1017/lst.2023.10","DOIUrl":"https://doi.org/10.1017/lst.2023.10","url":null,"abstract":"\u0000 The principle of self-determination has gained significant judicial support over the last three decades, and the choice to procreate using assisted reproductive technology is a clear example of our right to choose a treatment that enhances our personal lives. The Human Fertilisation and Embryology Act 1990 (as amended in 2008) stipulates that each party must give written, informed consent to ensure that our reproductive materials are used within strict parameters. However, the growing number of posthumous conception cases in several jurisdictions has raised concerns, particularly in situations where gametes are extracted from incapacitous patients without their consent, leading to posthumous parenthood. The landmark case of Y v A Healthcare NHS Trust [2018] EWCOP 18 caused significant concern when it authorised the retrieval, storage and use of sperm from a suspected brain stem dead man for procreative purposes under the Mental Capacity Act 2005. It has never been known to be in the ‘best interests’ of a patient who lacks capacity to procreate in English law, and the consequences of this decision could be highly significant, raising questions about the exploitation of incapacitous patients and the misuse of genetic material. The decision has since been confirmed as the correct approach by the Court of Protection in Re X (Catastrophic Injury: Collection and Storage of Sperm) [2022] EWCOP 48, and a public consultation has now been opened by the Human Fertilisation and Embryology Authority. This paper examines the rigorous consent regime of the 1990 Act and the ethical complexities of retrieving gametes from incapacitous patients for procreative purposes. It will be determined that the 1990 Act's preference for a rigorous consent regime for public policy reasons is appropriate, and any alternative forms of consent could open a slippery slope to the unethical use of vulnerable individuals for their reproductive materials.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47473146","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

Where the wild things are: the challenges and opportunities of the unregulated legal services landscape in family law 野生动物在哪里：家庭法中不受监管的法律服务格局的挑战和机遇

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-03-29 DOI: 10.1017/lst.2023.9

Leanne Smith, E. Hitchings

{"title":"Where the wild things are: the challenges and opportunities of the unregulated legal services landscape in family law","authors":"Leanne Smith, E. Hitchings","doi":"10.1017/lst.2023.9","DOIUrl":"https://doi.org/10.1017/lst.2023.9","url":null,"abstract":"\u0000 This paper connects two trends in contemporary legal scholarship that do not often intersect, namely commentary on the increasingly diverse nature of family law advice and support services, and calls for a refresh of the regulatory environment in which legal services in general are provided. Focusing on the law and landscape in England and Wales, we argue that regulatory challenges are particularly acute in the field of family law, where the range and reach of services provided by non-lawyers is extraordinary. We illustrate how particular aspects of debates over regulating and diversifying legal services apply to the family law context, noting that such concerns as there are have not always been well targeted. Finally, we identify a sub-set of innovative ‘extra-legal’ services that set private family law even further apart from other sub-fields of law when it comes to regulatory and professional challenge. These services clearly sit inside the landscape of family dispute resolution but equally clearly fall outside the boundaries of what is usually considered ‘legal’. This, we suggest, highlights the need for a concerted effort to define the contours of family law and family legal services so that a holistic approach might be taken to understanding and managing the standards and effectiveness of different service and support types.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48322305","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