Legal Studies最新文献_第7页

Abandoning individual enforcement? Interrogating the enforcement of age discrimination law 放弃个人执法?质疑年龄歧视法的执行

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-02-15 DOI: 10.1017/lst.2023.8

A. Blackham

{"title":"Abandoning individual enforcement? Interrogating the enforcement of age discrimination law","authors":"A. Blackham","doi":"10.1017/lst.2023.8","DOIUrl":"https://doi.org/10.1017/lst.2023.8","url":null,"abstract":"Abstract Discrimination law primarily relies on individual enforcement for addressing discrimination at work; yet those who are most impacted by discrimination are likely the least able to enforce their rights. The question then becomes: what role should individual enforcement play in discrimination law? Can we effectively abandon individual enforcement as part of the legislative model? Drawing on a mixed method, multi-year comparative study of the enforcement of age discrimination law in the UK, Australia and Sweden, this paper considers the gaps, limits and risks of the individual enforcement model in discrimination law. Integrating doctrinal analysis; statistical analysis of claims and cases, and data from the EU and OECD; qualitative expert interviews; and a survey of legal practitioners, this paper argues that while individual enforcement is inherently limited as a tool for achieving systemic change, it must remain part of any legislative model. Reflecting on the experience in Sweden, where individual enforcement of discrimination law is significantly curtailed, the paper posits that individual rights and individual enforcement remain important complements to other regulatory tools, particularly in jurisdictions with strong enduring age norms. Abandoning or severely restricting individual enforcement is unlikely to support either the macro or micro effectiveness of age discrimination law.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"3 - 28"},"PeriodicalIF":0.7,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41988299","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

Planning, discretion and the legacy of onshore wind 规划、谨慎和陆上风电的遗产

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-02-02 DOI: 10.1017/lst.2022.50

C. Mackie

{"title":"Planning, discretion and the legacy of onshore wind","authors":"C. Mackie","doi":"10.1017/lst.2022.50","DOIUrl":"https://doi.org/10.1017/lst.2022.50","url":null,"abstract":"Abstract This paper evaluates the wide discretion afforded to planning decision-makers in England. It does so in respect of a key but often overlooked question in the transition to renewables: whether developers/owners of onshore wind projects should be required to provide a ‘bond’ to ensure decommissioning and site restoration (DSR) occurs. Bonds are financial instruments that evidence ability to fund DSR. They help avoid legacy issues (eg project abandonment) but carry a long-term cost burden for developers/owners. A study of 275 projects elicits three issues. First, a lack of government guidance on bonding, vague ‘threshold’ terms in law and policy and failure of planning decision-makers to consider how others had decided the question result in a lack of markers to inform discretion, with bonds being rare (present in only 15.6% of projects) and their stringency inconsistent. Secondly, this lack of markers legitimises risky, cost-saving practices prohibited in offshore wind, where government guidance informs bonding decisions. Thirdly, reasons for decisions are weak or absent, inhibiting achievement of the justifications for their provision in an administrative context (eg disciplining decision-making). Whilst discretion enhanced capacity to generate electricity from wind through enabling a reduction of market entry costs, assisting movement towards renewable energy targets, it resulted in abandonment risk being ignored. This mirrors strategies adopted elsewhere in England's energy sector, such as coal and oil and gas, where a ‘light touch’ approach to bonding has, traditionally, been deployed to avoid hindering project development.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"499 - 522"},"PeriodicalIF":0.7,"publicationDate":"2023-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46061416","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 nature of property in cryptoassets 加密资产的财产性质

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-01-18 DOI: 10.1017/lst.2022.53

Timothy C. Y. Chan

引用次数: 2

Bridging the accountability gap of artificial intelligence – what can be learned from Roman law? 弥合人工智能的责任差距——可以从罗马法律中学到什么？

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-01-18 DOI: 10.1017/lst.2022.51

K. Heine, A. Quintavalla

引用次数: 0

Between nation and empire: how the state matters in global health 国家与帝国之间：国家在全球健康中的重要性

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-01-10 DOI: 10.1017/lst.2022.48

J. Harrington

{"title":"Between nation and empire: how the state matters in global health","authors":"J. Harrington","doi":"10.1017/lst.2022.48","DOIUrl":"https://doi.org/10.1017/lst.2022.48","url":null,"abstract":"Abstract The role of the state has been underplayed in scholarship on global health. Taking a historical view, this paper argues that state institutions, practices and ideologies have in fact been crucial to the realisation of contemporary global health governance and to its predecessor regimes. Drawing on state theory, work on governmentality, and Third World approaches to international law, it traces the origins of the ‘health state’ in late colonial developmentalism, which held out the prospect of conditional independence for the subjects of European empires. Progress in health was also a key goal for nationalist governments in the Global South, one which they sought to realise autonomously as part of a New International Economic Order. The defeat of that challenge to the dominance of the Global North in the 1980s led to the rise of ‘global governance’ in health. Far from rendering the state redundant, the latter was realised through the co-option and disciplining of institutions at national level. To that extent, the current order has an unmistakably imperial character, one which undercuts its declared cosmopolitan aspirations, as evidenced in the approach to vaccine distribution and travel bans during the Covid-19 pandemic.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"461 - 479"},"PeriodicalIF":0.7,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43537207","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

Professional identity, legitimacy and managerialism at the Crown Prosecution Service 皇家检察署的职业身份、合法性和管理主义

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-01-10 DOI: 10.1017/lst.2022.47

Laurène Soubise

引用次数: 0

Making Commercial Law Through Practice 1830–1970 by Ross Cranston. Cambridge: Cambridge University Press, 2021, 483pp (£85 hardback) ISBN: 978-1-107-19889-0 罗斯·克兰斯顿的《通过实践制定商法1830-1970》。剑桥:剑桥大学出版社，2021,483页(85英镑精装本)ISBN: 978-1-107-19889-0

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-01-10 DOI: 10.1017/lst.2022.46

Catharine MacMillan

引用次数: 0

Fixing the misalignment of the concession of corporate legal personality 修正公司法人资格特许的错位

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-01-10 DOI: 10.1017/lst.2022.44

Jonathan Hardman

{"title":"Fixing the misalignment of the concession of corporate legal personality","authors":"Jonathan Hardman","doi":"10.1017/lst.2022.44","DOIUrl":"https://doi.org/10.1017/lst.2022.44","url":null,"abstract":"Abstract The nature of separate legal personality is a perennial debate in corporate law. This paper uses insights from a previous iteration of the debate to argue that separate legal personality is best seen as a two-step process: it is a concession from the state to something real. That real thing is the economic concept of the firm, which has been recently debated within institutional economics. Viewing separate legal personality as a two-step process lets us explore whether the concession of separate legal personality is operating as it should. Law imposes no prerequisite requirement that a firm exists before establishing a company, nor limits firms to only one company. Law thus facilitates misalignments between the firm and the company. Such misalignments will only occur if two constituencies within the company structure – the ultimate shareholders and directors – consider it in their interests to create such misalignment. As a result, these misalignments harm third parties by allowing risk to be exported to them through opportunistic misalignment. This paper then explores the methods of misalignment and reviews current legal tools which are available to be deployed to re-align the company to the firm, and argues that they should be deployed.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"443 - 460"},"PeriodicalIF":0.7,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42176099","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

Pharmaceutical patent law and policy in Africa: a survey of selected SADC member states 非洲药品专利法和政策：对选定的南共体成员国的调查

IF 0.7 4区社会学

Legal Studies Pub Date : 2023-01-09 DOI: 10.1017/lst.2022.43

B. Mercurio, T. A. Adekola, C. Tsega

{"title":"Pharmaceutical patent law and policy in Africa: a survey of selected SADC member states","authors":"B. Mercurio, T. A. Adekola, C. Tsega","doi":"10.1017/lst.2022.43","DOIUrl":"https://doi.org/10.1017/lst.2022.43","url":null,"abstract":"Abstract The paper surveys the intellectual property (IP) laws of seven Southern African Development Community countries to better understand the nature, scope, and depth of their patent laws with particular focus on their utilisation of TRIPS flexibilities to facilitate pharmaceutical access. The selected countries – Botswana, Malawi, Namibia, South Africa, Tanzania, Zambia, and Zimbabwe – represent a mix of both major and modest economies. While the current literature contains widespread assertions on the impact and effect of TRIPS on access to medicines in these countries and less-developed countries in general, this paper finds that the countries lack explicit and workable provisions implementing key TRIPS flexibilities. Hence, available TRIPS flexibilities have not been well utilised and it is often the complicated and unworkable domestic framework – rather than TRIPS – which becomes the stumbling block to pharmaceutical access. Another major finding is that patents may not be a major impediment in the region given that few patents and even fewer pharmaceutical patents are filed. The paper argues that since the surveyed countries are mainly net IP importers with similar developmental contexts and aspirations, the best approach would be to fully take advantage of existing flexibilities and more aggressively leverage policy space to engender access to cheaper medicines.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"43 1","pages":"331 - 350"},"PeriodicalIF":0.7,"publicationDate":"2023-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47799321","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

Embedding alternative dispute resolution in the civil justice system: a taxonomy for ADR referrals and a digital pathway to increase the uptake of ADR 在民事司法系统中嵌入替代性纠纷解决:ADR转介的分类和增加ADR采用的数字途径

IF 0.7 4区社会学

Legal Studies Pub Date : 2022-12-15 DOI: 10.1017/lst.2022.42

Pablo Cortés

引用次数: 2