Common law world review最新文献_第7页

Object and intention under Article 101 TFEU: Lessons from Australia, New Zealand and analytical jurisprudence TFEU第101条下的目的和意图：澳大利亚、新西兰和分析法学的经验教训

Common law world review Pub Date : 2019-09-01 DOI: 10.1177/1473779519862801

K. Kwok

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引用次数: 12

Editorial 社论

Common law world review Pub Date : 2019-09-01 DOI: 10.1177/1473779519871178

引用次数: 0

The First Amendment to the United States Constitution and the implied freedom of political communication in the Australian Constitution 美国宪法第一修正案和澳大利亚宪法中隐含的政治交流自由

Common law world review Pub Date : 2019-08-12 DOI: 10.1177/1473779519863070

A. Gray

引用次数: 0

Justice and discretion in the law of unjust enrichment 不当得利法中的公正与自由裁量权

Common law world review Pub Date : 2019-07-17 DOI: 10.1177/1473779519859359

Steve Hedley

引用次数: 3

Book review: Vicarious Liability: Critique and Reform (Hart Studies in Private Law) 书评:《替代责任:批判与改革》(哈特私法研究)

Common law world review Pub Date : 2019-04-04 DOI: 10.1177/1473779519840601

P. Giliker

{"title":"Book review: Vicarious Liability: Critique and Reform (Hart Studies in Private Law)","authors":"P. Giliker","doi":"10.1177/1473779519840601","DOIUrl":"https://doi.org/10.1177/1473779519840601","url":null,"abstract":"The doctrine of vicarious liability may be found across the common law world, rendering, in its most typical form, an employer strictly liable for the torts of its employees provided they take place in the course of employment. This formula, as is often the case in law, is easier to state than apply. In recent years, common law jurisdictions have come to re-examine this legal framework, leading to significant expansions of liability in jurisdictions such as the United Kingdom and Canada. To a certain extent, such growth has been triggered by claims against institutional defendants arising from revelations of sexual abuse of minors by paedophiles working for these organisations, but it has also been due to changes in working practices and the willingness of the courts to embrace ideas such as loss distribution and enterprise liability. Changes in the law have challenged the assumption that tort law is now dominated by ideas of fault-based liability and of corrective justice, that is, that tort law intervention can only be justified when it seeks to render parties liable for those they wrongfully harm. As Lord Nicholls famously commented in Majrowski v Guy’s and St Thomas’ NHS Trust [2006] UKHL 34, [8]:","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"48 1","pages":"176 - 179"},"PeriodicalIF":0.0,"publicationDate":"2019-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473779519840601","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48895122","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}

引用次数: 0

The practices of modern criminal defence lawyers: Alienation and its implications for access to justice 现代刑事辩护律师的实践：异化及其对诉诸司法的影响

Common law world review Pub Date : 2019-03-01 DOI: 10.1177/1473779519848348

Dan Newman, Lucy Welsh

{"title":"The practices of modern criminal defence lawyers: Alienation and its implications for access to justice","authors":"Dan Newman, Lucy Welsh","doi":"10.1177/1473779519848348","DOIUrl":"https://doi.org/10.1177/1473779519848348","url":null,"abstract":"This article marries two sets of independently gathered empirical data (observation and interviews) to argue that English criminal defence lawyers currently present as alienated workers. We seek to revive and revisit theories of alienation that are grounded in Marxism and use them as a lens through which lawyers’ behaviour can be viewed and understood. Building on a Marxist application of alienation, we offer a refined analysis premised upon a contemporary understanding of how alienation plays out in criminal defence work during the neoliberal era. We highlight that the way lawyers talk about their roles suggests that they have lost a sense of purpose, and feel powerless and undervalued. We argue that those feelings appear to have developed as a result of structural change—most notably funding cuts and demands for efficiency—which seem to be grounded in what can broadly be understood as neoliberal political ideology and austerity measures. We further suggest that such structural change and resultant feelings of alienation have implications for the quality of service that defendants receive.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"48 1","pages":"64 - 89"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473779519848348","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48899443","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}

引用次数: 7

Interpreting retained EU private law post-Brexit: Can commonwealth comparisons help us determine the future relevance of CJEU case law? 解读英国脱欧后保留的欧盟私法:联邦比较能否帮助我们确定欧洲法院判例法的未来相关性?

Common law world review Pub Date : 2019-03-01 DOI: 10.1177/1473779518823689

P. Giliker

{"title":"Interpreting retained EU private law post-Brexit: Can commonwealth comparisons help us determine the future relevance of CJEU case law?","authors":"P. Giliker","doi":"10.1177/1473779518823689","DOIUrl":"https://doi.org/10.1177/1473779518823689","url":null,"abstract":"In June 2016, the United Kingdom voted in a referendum to leave the European Union (EU). The consequences of Brexit are wide-ranging, but, from a legal perspective, it will entail the repeal of the European Communities Act 1972. The UK government does not intend to repeal EU law which is in existence on exit day, but, in terms of the interpretation of retained law, decisions of the Court of Justice of the European Union (CJEU) will no longer be binding after Brexit. Nevertheless, s. 6(2) of the EU (Withdrawal) Act 2018 does allow the UK courts to continue to pay regard to EU law and decisions of the CJEU ‘so far as it is relevant to any matter before the court’. This article will consider the meaning of the phrase ‘may have regard to anything…so far as it is relevant’. In empowering the courts to consider post-Brexit CJEU authority subject to the undefined criterion of relevancy, how is this power likely to be exercised? A comparison will be drawn with the treatment of Privy Council and the UK case law in Commonwealth courts following the abolition of the right of appeal to the Privy Council, with particular reference to the example of Australia. It will be argued that guidance may be obtained from the common law legal family which can help us predict the future relevance and persuasiveness of CJEU case law in the interpretation of retained EU private law.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"48 1","pages":"15 - 38"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473779518823689","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42989935","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}

引用次数: 2

An evaluation of sustainability in large British companies 对英国大公司可持续性的评估

Common law world review Pub Date : 2019-03-01 DOI: 10.1177/1473779519839611

T. Iqbal, A. Keay

{"title":"An evaluation of sustainability in large British companies","authors":"T. Iqbal, A. Keay","doi":"10.1177/1473779519839611","DOIUrl":"https://doi.org/10.1177/1473779519839611","url":null,"abstract":"This article undertakes an assessment of the sustainability efforts of some of the largest companies that are listed on the FTSE 100 (a share index composed of the 100 largest companies that are listed on the London Stock Exchange according to market capitalisation). It provides empirical insights into how large listed British companies are addressing sustainability and their efforts in terms of incorporating sustainability factors into their business operations. The study was based on an extended content analysis of each company’s annual and sustainability reports. Our findings demonstrate that companies are trying to integrate sustainability in their business strategies even though there are variations in their efforts. There are indications that the majority of the companies have been able to embed sustainability in their strategy and operations and are now attempting to establish goals for further improvement. We found strong evidence of willingness to engage with relevant stakeholders to evaluate which sustainability issues are of importance to the particular companies and then to communicate to those relevant stakeholders the measures that have been taken to integrate sustainability in their business strategies. However, our findings also revealed areas where there is a need for further improvement such as compliance with international standards for sustainability reporting and establishment of better frameworks to enhance their sustainability efforts.","PeriodicalId":87174,"journal":{"name":"Common law world review","volume":"48 1","pages":"39 - 63"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/1473779519839611","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47033632","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}

引用次数: 2

Editorial 社论

Common law world review Pub Date : 2019-03-01 DOI: 10.1177/1473779519834515

C. Murphy, Roseanne Russell

引用次数: 0

‘It isn’t “help,” it’s work’: Legal regulation of domestic work in Bangladesh “这不是“帮助”，而是工作”：孟加拉国家政工作的法律监管

Common law world review Pub Date : 2018-11-15 DOI: 10.1177/1473779518811817

M. Rahim, Sk Samidul Islam

引用次数: 0