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All Outputs (224)

The new crimes of bribery in Scotland. (2010)
Journal Article
ARNELL, P. 2010. The new crimes of bribery in Scotland. Scottish law gazette, 78(2), pages 42-45.

Introduction. The Bribery Act 2010, enacted in the wash-up prior to the dissolution of Parliament, will completely change in the Scots law on bribery. As discussed in The Crime of Bribery in Scotland 2009 SLT 1 by present author a number of criticism... Read More about The new crimes of bribery in Scotland..

UK compliance with international law: bribery and corruption. (2010)
Journal Article
ARNELL, P. and QUIROZ-ONATE, D. 2010. UK compliance with international law: bribery and corruption. International journal of liability and scientific enquiry [online], 3(3), pages 183-212. Available from: https://doi.org/10.1504/IJLSE.2010.033355

UK compliance with its international obligations in the area of bribery and corruption is in question. Recent domestic and international developments have brought this issue to the fore. This article addresses UK compliance. In doing so it highlights... Read More about UK compliance with international law: bribery and corruption..

Sexual offences in a Muslim world: a socio-ethical reflection on Zamfara State (Nigeria) v. Bariya I. Mugazu. (2010)
Journal Article
ILESANMI, O.O. 2010. Sexual offences in a Muslim world: a socio-ethical reflection on Zamfara State (Nigeria) v. Bariya I. Mugazu. International journal of human rights [online], 14(2), pages 215-232. Available from: https://doi.org/10.1080/13642980802542704

On Friday morning, 29 January 2001, Bariya Ibrahima Mugazu was given 100 lashes. Zamfara state of Nigeria tried and punished this young woman for having had sex unlawfully in the previous year. Until this case between Zamfara state of Nigeria and unm... Read More about Sexual offences in a Muslim world: a socio-ethical reflection on Zamfara State (Nigeria) v. Bariya I. Mugazu..

Employer liability for death by suicide or stress and overwork in the workplace. (2009)
Journal Article
MIDDLEMISS, S. 2009. Employer liability for death by suicide or stress and overwork in the workplace. Juridical review, 2009(4), pages 245-263.

This article deals with the complex problem of determining the liability of an employer under the law of delict for death by suicide at work (resulting from workplace causes) or death of an employee caused by stress or overwork. It will concentrate o... Read More about Employer liability for death by suicide or stress and overwork in the workplace..

Recent changes in the evidential requirements in indirect sex and race discrimination cases. (2009)
Journal Article
MIDDLEMISS, S. and DOWNIE, M. 2009. Recent changes in the evidential requirements in indirect sex and race discrimination cases. International journal of law and management [online], 51(6), pages 367-373. Available from: https://doi.org/10.1108/17542430911005909

The purpose of this paper is to critically analyse the impact of recent case law on the various evidential requirements in the area of indirect sex and indirect race discrimination in employment. It is intended to distil from the case law a comprehen... Read More about Recent changes in the evidential requirements in indirect sex and race discrimination cases..

Employers' liability for occupational stress and death from overwork in the United States and the United Kingdom. (2009)
Journal Article
KOBAYASHI, T. and MIDDLEMISS, S. 2009. Employers' liability for occupational stress and death from overwork in the United States and the United Kingdom. Common law world review [online], 38(2), page 137-169. Available from: https://doi.org/10.1350/clwr.2009.38.2.0186

The premise of this article is that those persons that excessively overwork can die as a result through stress related illness or suicide. In this article we will undertake a comparative analysis of the legal treatment of stress related illness at wo... Read More about Employers' liability for occupational stress and death from overwork in the United States and the United Kingdom..

The relevance of harm as the criterion for the punishment of impossible attempts. (2009)
Journal Article
CHRISTIE, S.A. 2009. The relevance of harm as the criterion for the punishment of impossible attempts. Journal of criminal law [online], 73(2), pages 153-164. Available from: https://doi.org/10.1350/jcla.2009.73.2.561

There has been much debate about the relevance of punishment in cases of impossible attempts. This article sets out the current position in Anglo-American jurisdictions and considers the rationale behind punishment in hypothetical impossible attempt... Read More about The relevance of harm as the criterion for the punishment of impossible attempts..

Hackers beware: the cautionary story of Gary McKinnon. (2009)
Journal Article
ARNELL, P. and REID, A. 2009. Hackers beware: the cautionary story of Gary McKinnon. Information and communications technology law [online], 18(1), pages 1-12. Available from: https://doi.org/10.1080/13600830902727822

The law of extradition was changed following the 2001 terrorist attacks in the United States. Subsequent practice has seen the range of extraditable offences expand to include acts not traditionally regarded as terrorist crimes. The case of Gary McKi... Read More about Hackers beware: the cautionary story of Gary McKinnon..

Freedom of speech and the limits of UK criminal legislation. (2009)
Journal Article
EZEANI, E.C. 2009. Freedom of speech and the limits of UK criminal legislation. Journal of comparative law (Islamic University in Uganda), 3, pages 135-172.

This article draws attention to the fact that while the application of criminal law may serve to punish racially aggravated offences where they can be proved, such legislation in themselves do little to address the causes or, to limit the occurrence... Read More about Freedom of speech and the limits of UK criminal legislation..

Spuilzie today. (2008)
Journal Article
ANDERSON, C. 2008. Spuilzie today. Scots law times [online], 2008(38), pages 257-260. Available from: http://westlaw.co.uk

Assesses the legal doctrine of spuilzie, focusing on the Outer House ruling in Calor Gas Ltd v Express Fuels (Scotland) Ltd on whether a gas distributor had breached a dealership agreement with a gas supplier in failing to give proper notice when ter... Read More about Spuilzie today..

Human rights abroad. (2007)
Journal Article
ARNELL, P. 2007. Human rights abroad. Nottingham law journal [online], 16(2), pages 1-28. Available from: http://www.ntu.ac.uk/nls/document_uploads/notnghmlj0016.pdf

The human rights obligations imposed by the Human Rights Act 1998 increasingly relate to territory, persons and events outwith the United Kingdom.

The persistence of memory: the Lechouritou case and history before the European Court of Justice. (2007)
Journal Article
LYONS, C. 2007. The persistence of memory: the Lechouritou case and history before the European Court of Justice. European law review [online], 32(4), pages 563-581. Available from: https://uk.westlaw.com/Document/ICEF4F1304B7811DCAAF4FD2EF0A644D4/View/FullText.html

This article comments on the European Court of Justice ruling in Lechouritou v Dimosio tis Omospondiakis Dimokratias tis Germanias (C-292/05) on whether actions for compensation brought against Germany for the massacre by its armed forces of Greek ci... Read More about The persistence of memory: the Lechouritou case and history before the European Court of Justice..

Crimes against the foetus: the rights and wrongs of protecting the unborn. (2006)
Journal Article
CHRISTIE, S. 2006. Crimes against the foetus: the rights and wrongs of protecting the unborn. Medico-legal journal of Ireland [online], 12(2), pages 65-76. Available from: http://www.westlaw.co.uk

The legal position of the foetus raises difficult questions about the status which we accord the developing human being within society. Most conceptions of criminal liability are predicated on the person; usually, there is a victim and an aggressor,... Read More about Crimes against the foetus: the rights and wrongs of protecting the unborn..

The inter-American system of human rights and refugee protection: post 11 September 2001. (2005)
Journal Article
STUART, A. 2005. The inter-American system of human rights and refugee protection: post 11 September 2001. Refugee survey quarterly [online], 24(2), pages 67-82. Available from: https://doi.org/10.1093/rsq/hdi027

The Inter-American Commission on Human Rights (Commission) is right to declare that refugees and asylum seekers are amongst the most vulnerable to human rights violations in the development and execution of counter-terrorist measures. States have not... Read More about The inter-American system of human rights and refugee protection: post 11 September 2001..

The truth and nothing but the truth? The legal liability of employers for employee references. (2004)
Journal Article
MIDDLEMISS, S. 2004. The truth and nothing but the truth? The legal liability of employers for employee references. Industrial law journal [online], 33(1), pages 59-67. Available from: https://doi.org/10.1093/ilj/33.1.59

It is now widely recognised notwithstanding this ‘contemporary reality’ , that where the employer giving the reference fails to provide a fair or accurate reference, through malice, negligence or carelessness, he may face a legal action. This article... Read More about The truth and nothing but the truth? The legal liability of employers for employee references..

Human rights case law of the European Court of Justice, January 2003 to October 2003. (2003)
Journal Article
LYONS, C. 2003. Human rights case law of the European Court of Justice, January 2003 to October 2003. Human rights law review [online], 3(2), pages 323-354. Available from: https://doi.org/10.1093/hrlr/3.2.323

To review the development of fundamental rights in the EU in 2003 is to concentrate on an eye in the middle of a storm. Since December 2002, the EU has experienced its most severe political crisis since its inception, as the issue of support for the... Read More about Human rights case law of the European Court of Justice, January 2003 to October 2003..

Human rights case law of the European Court of Justice, July 2002 to December 2002. (2003)
Journal Article
LYONS, C. 2003. Human rights case law of the European Court of Justice, July 2002 to December 2002. Human rights law review [online], 3(1), pages 157-177. Available from: https://doi.org/10.1093/hrlr/3.1.157

In the period under review, late July to December 2002, there were several cases where important issues of fundamental rights were raised. However, this autumn session of the Court began under the shadow of the "summer storms", in the shape of the Ca... Read More about Human rights case law of the European Court of Justice, July 2002 to December 2002..

Social power and the Hohfeldian jural relation. (2001)
Journal Article
ROSS, H. 2001. Social power and the Hohfeldian jural relation. Nottingham law journal [online], 10, pages 47-63. Available from: http://www.ntu.ac.uk/nls/document_uploads/notnghmlj0010.pdf

Wesley Newcomb Hohfeld is one of the great unsung heroes of twentieth century legal theory. His eponymous "analysis" - an eight-term relational configuration of legal concepts - represents one of the most perceptive and revealing contributions to the... Read More about Social power and the Hohfeldian jural relation..

The case for nationality based jurisdiction. (2001)
Journal Article
ARNELL, P. 2001. The case for nationality based jurisdiction. International and comparative law quarterly [online], 50(4), pages 955-962. Available from: https://doi.org/10.1093/iclq/50.4.955

Various recent developments within and without the United Kingdom have strengthened the arguments in favour of the adoption of general nationality based criminal jurisdiction. These arise from problems in the application of territorial jurisdiction,... Read More about The case for nationality based jurisdiction..