{"title":"New developments in the law of sexual harassment.","authors":"Sam Middlemiss","doi":"10.5539/jms.v9n2p62","DOIUrl":"https://doi.org/10.5539/jms.v9n2p62","url":null,"abstract":"This article reviews recent developments relating to sexual harassment, including research studies by YouGov, BBC Radio 5 Live and the Equality and Human Rights Commission. The author notes the definition of \"sexual harassment\" under the Equality Act 2010 s.26., also an increase in reports of sexual harassment within the legal profession and the guidance published by the Solicitors Regulation Authority for individuals making allegations of harassment and the Law Society of Scotland on bullying and harassment.","PeriodicalId":83152,"journal":{"name":"The Juridical review","volume":"37 1","pages":"62"},"PeriodicalIF":0.0,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80836660","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}
{"title":"Interpretation of Contracts, Objectivity and the Elision of Consent Reached Through Concession and Compromise","authors":"D. Cabrelli","doi":"10.2139/SSRN.1556335","DOIUrl":"https://doi.org/10.2139/SSRN.1556335","url":null,"abstract":"To what extent do ‘consent’ and ‘intention’ continue to have a role to play in the process of construing the terms of contracts? Is the adoption of an increasingly objective approach towards the interpretative process consistent with an assertion that it can be equiparated to the marginalisation of the role of consent? If the dynamics of concession and compromise in commercial negotiations are facets of party consent, in what way may (if at all) the prevalence of the commercially sensible construction function to elide consensus? These are some of the questions which the paper attempts to address.","PeriodicalId":83152,"journal":{"name":"The Juridical review","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2010-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88776038","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}
{"title":"Donation in Scots Law","authors":"H. MacQueen, Martin Hogg","doi":"10.2139/SSRN.1471376","DOIUrl":"https://doi.org/10.2139/SSRN.1471376","url":null,"abstract":"This paper is a Scots law contribution to a collection of essays on the laws of donation in the European jurisdictions, with comparative introduction and conclusions. The research has underpinned the work on donation carried out in the Study Group for a European Civil Code and its Principles of European Law series, and also published in the final edition of the Draft Common Frame of Reference. The paper's original contribution is an analysis of the relationship in Scots law between the contract of donation and the gratuitous unilateral promise, which is binding if certain conditions are met. The paper notes that, possibly reflecting the influence of English law, donation is today seen as primarily about transfers of property; but that otherwise much of the law continues to reflect its Civilian origins.","PeriodicalId":83152,"journal":{"name":"The Juridical review","volume":"72 1","pages":"1-24"},"PeriodicalIF":0.0,"publicationDate":"2009-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89465261","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}
{"title":"Human genetic databases and liberty.","authors":"Ragnar Adalsteinsson","doi":"","DOIUrl":"","url":null,"abstract":"<p><p>This paper examines an act of the Icelandic Parliament on health-sector databases. Both the legislation itself and the manner in which it was presented by the Government to the Parliament and the general public raise various questions about democratic parliamentary procedures, community consultation, autonomy, privacy, professional confidence, control of health data in hospitals and business relationships between medical doctors and biotechnology corporations. A major question to be asked is: In whose interest is it that such sensitive data are handed over to for-profit corporations? Furthermore, is it within the authority of the legislature to authorize politically appointed boards of health institutes to transfer such data without the direct informed consent of the patient and without the relevant physicians' having a say? Does experience teach us to entrust private companies with sensitive personal data? Should the Government be involved in the research policy-making of the biotechnology companies that have been given access to the genetic data of a population, or should the profit motive be the sole deciding influence? That is, should the interest of the shareholders of the companies prevail over the interest of underprivileged groups who are most in need of new methods or medicine to alleviate their situation due to incurable diseases? Or is the invisible hand of the market the only competent decision-maker? Finally, will the proliferation of databases containing sensitive personal data, such as human genetic data, limit our personal liberty?</p>","PeriodicalId":83152,"journal":{"name":"The Juridical review","volume":"2004 1","pages":"65-74"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26073046","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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