Modern Law Review最新文献

{"title":"The Second‐class Citizen in Legal Theory","authors":"Jack Samuel","doi":"10.1111/1468-2230.12839","DOIUrl":"https://doi.org/10.1111/1468-2230.12839","url":null,"abstract":"The Modern Law ReviewEarly View REVIEW ARTICLE The Second-class Citizen in Legal Theory Jack Samuel, Jack Samuel orcid.org/0000-0003-0639-0778 NYU School of Law. The author would like to thank Colin Bradley, David Dyzenhaus, Eleanor Gordon-Smith, Aaron Jaslove, Felipe Jiménez, Mattias Kumm, and two anonymous reviewers for this journal for helpful discussions and feedback.Search for more papers by this author Jack Samuel, Jack Samuel orcid.org/0000-0003-0639-0778 NYU School of Law. The author would like to thank Colin Bradley, David Dyzenhaus, Eleanor Gordon-Smith, Aaron Jaslove, Felipe Jiménez, Mattias Kumm, and two anonymous reviewers for this journal for helpful discussions and feedback.Search for more papers by this author First published: 27 September 2023 https://doi.org/10.1111/1468-2230.12839 Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onEmailFacebookTwitterLinkedInRedditWechat Early ViewOnline Version of Record before inclusion in an issue RelatedInformation","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135580764","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}

{"title":"The Evolution of Birth Registration in England and Wales and its Place in Contemporary Law and Society","authors":"Liam Davis","doi":"10.1111/1468-2230.12836","DOIUrl":"https://doi.org/10.1111/1468-2230.12836","url":null,"abstract":"Birth registration, especially the birth certificate, is consistently framed as something which has always operated to document a person's parents and their (biogenetic) ‘origins’. This framing has become more prominent in recent years with the rise in (often queer) families challenging how law should register their families, often being unsuccessful. Analysing the history of birth registration, though, suggests this framing of birth registration is inaccurate. It is only in recent years that birth registration has supposedly taken on a new (or additional) policy aim of facilitating parent‐child relationships. This policy also arguably facilitates a particular type of relationship and trans‐parent families are focused upon as an example of where such facilitation does not occur. Through documenting the recent resurgence of interest in birth registration, this article aims to clarify the history and purpose(s) of birth registration showing how many assumptions surrounding the function of birth registration are misguided, and to open up discussion as to what its legal purpose(s) should be.","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135816362","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}

{"title":"Beverley Clough, The Spaces of Mental Capacity Law: Moving Beyond Binaries, Routledge, 2021, hb, 208 pp, £130.00","authors":"Magdalena Furgalska","doi":"10.1111/1468-2230.12838","DOIUrl":"https://doi.org/10.1111/1468-2230.12838","url":null,"abstract":"The Modern Law ReviewEarly View BOOK REVIEW Beverley Clough, The Spaces of Mental Capacity Law: Moving Beyond Binaries, Routledge, 2021, hb, 208 pp, £130.00 Magdalena Furgalska, Corresponding Author Magdalena Furgalska [email protected] York Law School. Correspondence Magdalena Furgalska, York Law School [email protected]Search for more papers by this author Magdalena Furgalska, Corresponding Author Magdalena Furgalska [email protected] York Law School. Correspondence Magdalena Furgalska, York Law School [email protected]Search for more papers by this author First published: 25 September 2023 https://doi.org/10.1111/1468-2230.12838 Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onEmailFacebookTwitterLinkedInRedditWechat Early ViewOnline Version of Record before inclusion in an issue RelatedInformation","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135816831","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}

{"title":"Rafael N.Fasel and Sean C.Butler, Animal Rights Law, Oxford: Hart Publishing, 2023, 240 pp, pb £24.99","authors":"Katy Sowery","doi":"10.1111/1468-2230.12840","DOIUrl":"https://doi.org/10.1111/1468-2230.12840","url":null,"abstract":"The Modern Law ReviewEarly View BOOK REVIEW Rafael N. Fasel and Sean C. Butler, Animal Rights Law, Oxford: Hart Publishing, 2023, 240 pp, pb £24.99 Katy Sowery, Corresponding Author Katy Sowery [email protected] University of Liverpool Law School. Correspondence Katy Sowery, University of Liverpool Law School. Email: [email protected]Search for more papers by this author Katy Sowery, Corresponding Author Katy Sowery [email protected] University of Liverpool Law School. Correspondence Katy Sowery, University of Liverpool Law School. Email: [email protected]Search for more papers by this author First published: 25 September 2023 https://doi.org/10.1111/1468-2230.12840 Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onEmailFacebookTwitterLinkedInRedditWechat Early ViewOnline Version of Record before inclusion in an issue RelatedInformation","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135816060","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}

{"title":"[Prevalence, age and gender features of chronic kidney disease in patients with diabetes mellitus].","authors":"I T Murkamilov, K A Aitbaev, V V Fomin","doi":"10.26442/00403660.2023.06.202242","DOIUrl":"10.26442/00403660.2023.06.202242","url":null,"abstract":"<p><strong>Aim: </strong>To study the prevalence, age and gender characteristics of chronic kidney disease (CKD) in patients with diabetes mellitus (DM).</p><p><strong>Materials and methods: </strong>In a case-control study, clinical and laboratory data were analyzed in 683 patients with DM (4.6% of patients with type 1 DM and 95.4% with type 2 DM) and kidney damage. The indicators of anthropometry, hemodynamics and biochemistry were studied. The glomerular filtration rate (GFR) was calculated using the CKD-EPI formula.</p><p><strong>Results: </strong>The proportion of middle-aged and elderly patients with CKD was the most numerous, amounting to 39 and 38%, respectively. At the same time, anemia was more common in young people, and hypercholesterolemia (35.0%), proteinuria (47.5%) and signs of renal failure (45.0%) - in middle-aged patients with CKD. 47.0% study participants had C1 and C2 categories of changes in renal function. Mean levels of systolic blood pressure (BP), the prevalence of proteinuria were statistically significantly higher in women. When evaluating the correlations, we found statistically significant relationships between the calculated GFR and the level of body mass index, systolic BP, venous blood glucose and Hb in the subgroup of men. Among females, a significant relationship between the calculated GFR value was revealed with indicators of systolic and diastolic BP, venous blood glucose and Hb concentration.</p><p><strong>Conclusion: </strong>Our data indicate the existence of differences in the prevalence of CKD and associated risk factors for the progression of renal failure, depending on gender differences and living conditions of patients. In urban residents, CKD was most often associated with arterial hypertension and renal failure, while overweight, obesity, and proteinuria were significantly more common in rural areas. The incidence of proteinuria and mean levels of systolic BP were significantly higher in females. Further study of the issue under discussion seems promising from the standpoint of a personalized approach and the search for a new preventive strategy to combat both end-stage renal failure and its complications.</p>","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":"68 1","pages":"481-486"},"PeriodicalIF":0.3,"publicationDate":"2023-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85455332","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}

{"title":"RobertStevens, The Laws of Restitution, Oxford: Oxford University Press, 2023, 496pp, hb £90.00","authors":"Sagi Peari","doi":"10.1111/1468-2230.12822","DOIUrl":"https://doi.org/10.1111/1468-2230.12822","url":null,"abstract":"The Modern Law ReviewVolume 86, Issue 5 p. 1302-1306 REVIEWS Robert Stevens, The Laws of Restitution, Oxford: Oxford University Press, 2023, 496pp, hb £90.00 Sagi Peari, Corresponding Author Sagi Peari [email protected] University of Western Australia Law School. email: [email protected]Search for more papers by this author Sagi Peari, Corresponding Author Sagi Peari [email protected] University of Western Australia Law School. email: [email protected]Search for more papers by this author First published: 07 June 2023 https://doi.org/10.1111/1468-2230.12822 Section editor: Vanessa Munro [email protected] Read the full textAboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onEmailFacebookTwitterLinkedInRedditWechat Volume86, Issue5September 2023Pages 1302-1306 RelatedInformation","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135449586","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}

{"title":"The Human Fertilisation and Embryology Act 1990 and Non‐Traditional Families","authors":"Kirsty Horsey, Emily Jackson","doi":"10.1111/1468-2230.12818","DOIUrl":"https://doi.org/10.1111/1468-2230.12818","url":null,"abstract":"There is now a broad consensus that reform of the Human Fertilisation and Embryology Act 1990, as amended, has become necessary. Our focus in this legislation article is not on whether the Act needs to be reformed, but on the narrower question of whether the regulation of fertility treatment in the UK does enough to protect the interests of non‐traditional families. The 2008 reforms to the original 1990 Act took some important steps towards inclusivity, for example by deleting the requirement that clinics consider the child's ‘need for a father’ before providing treatment, and enabling two women to be a child's legal parents from birth. Our contention here is that any new legislation should go further in order to recognise and accommodate diverse family forms.","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135692593","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}

{"title":"The Beneficiary's Ownership Rights in the Trust Res in a Liberal Property Regime","authors":"Hanoch Dagan, Irit Samet","doi":"10.1111/1468-2230.12788","DOIUrl":"https://doi.org/10.1111/1468-2230.12788","url":null,"abstract":"This article argues that a liberal theory of property rights can help us resolve a century old debate about a foundational aspect of the trust, namely, the nature of the beneficiary's interest. According to orthodoxy, the beneficiary has a (weak form) of proprietary right to the trust res . But proponents of this view found it hard to defend it from attacks by Maitland and his successors who argue that central aspects of the beneficiary's right imply that the beneficiary's rights should be classified as a personal right against the trustee. The reason for their failure, we argue, is the misguided picture of property rights, as essentially the right to exclude, which they share with proponents of the obligation theory. Liberal property theory, by contrast, gives pride of place to divided ownership, of the kind exemplified by the trust, and accounts for all aspects of the beneficiary's right.","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135201069","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}

{"title":"The UK GDPR, the Immigration Exception and Brexit: Interrogating <i>Open Rights Group</i> v <i>Secretary of State for the Home Department</i> and its Aftermath","authors":"David Erdos","doi":"10.1111/1468-2230.12784","DOIUrl":"https://doi.org/10.1111/1468-2230.12784","url":null,"abstract":"This note explores the holding, context and aftermath of the judgments which declared the so‐called ʻimmigration exceptionʼ set out in the UK Data Protection Act 2018 incompatible with, and assumed it subject to, the (UK) General Data Protection Regulation (GDPR) restrictions clause (article 23). The subsequent limitation of this exemption's use to the government is impactful in itself. However, this case has much wider significance. Firstly, the finding that the restrictions clause mandates granular specificity places in jeopardy many exemptions not only in the UK but also in EU States. Secondly, the assumption that this article was engaged is questionable since, as reworded post‐Brexit, it is restricted to limitations laid down in delegated legislation. Nevertheless, this rewording depended on powers limited to addressing post‐Brexit technical ʻdeficienciesʼ and so is ultra vires . The Court of Appeal should have addressed this in order to vindicate the rule of law and separation of powers.","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135996017","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}

{"title":"The EU-UK Trade and Cooperation Agreement – Exceptional Circumstances or a new Paradigm for EU External Relations?","authors":"C. Eckes, Päivi Leino-Sandberg","doi":"10.1111/1468-2230.12698","DOIUrl":"https://doi.org/10.1111/1468-2230.12698","url":null,"abstract":"In the final days of 2020,the European Union and the United Kingdom concluded a Trade and Cooperation Agreement (TCA) covering a broad range of policy areas, including cooperation of law enforcement authorities and social security systems. The EU-UK TCA is unique as concerns the circumstances of its negotiation and adoption, as well as its substance. However, contrary to the argument of the EU institutions,the agreement will have broad implications for the understanding of the EU’s external competence and Member States’ ability to act in areas that are national competence and rely on national budgets. We are critical of the legitimacy of the TCA’s conclusion process, consider that the lack of a deep constitutional analysis of the consequences of EU-only conclusion of the TCA, and of the TCA itself, are problematic, and believe that the choices made are likely to create difficulties for the implementation and enforcement of the agreement.","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":" ","pages":""},"PeriodicalIF":0.9,"publicationDate":"2021-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49099941","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}