All Outputs (259)

The legal impact on employers where there is a sham element in contracts with their workers. (2012)
Journal Article
MIDDLEMISS, S. 2012. The legal impact on employers where there is a sham element in contracts with their workers. International journal of law and management [online], 54(3), pages 209-221. Available from: https://doi.org/10.1108/17542431211228610

The recent development of legal rules that can invalidate sham clauses or bogus contracts in employment have proven beneficial to workers, in particular those workers that want to be treated as employees. This paper aims to investigate this issue. Th... Read More about The legal impact on employers where there is a sham element in contracts with their workers..

Complementarity or disparity? (2012)
Journal Article
FATUROTI, B. 2012. Complementarity or disparity? the UNICITARAL model law on international commmercial arbitration 1985 and English arbitration act 1996 revisited. University of Ibadan law journal, 12(1).

Interest in the use of arbitration as a mechanism for resolving commercial disputes has grown tremendously in the last two decades. This growth could be credited to the awareness by national governments and international bodies to change the culutre... Read More about Complementarity or disparity?.

Arbitrability in the context of Ghana's new arbitration law. (2012)
Journal Article
MANTE, J. and NDEKUGRI, I. 2012. Arbitrability in the context of Ghana's new arbitration law. International arbitration law review [online], 15(2), pages 31-41. Available from: https://westlaw.co.uk

Examines the approach of Ghana's Alternative Dispute Resolution Act 2010 to the question of arbitrability. Reflects on the concept of arbitrability under international law, the relevant trends emerging from case law, and the approach adopted by the G... Read More about Arbitrability in the context of Ghana's new arbitration law..

Economic and development policy-making in Nigeria. (2012)
Journal Article
EZEANI, E.C. 2012. Economic and development policy-making in Nigeria. Journal of African law [online], 56(1), pages 109-138. Available from: https://doi.org/10.1017/S0021855311000271

The difficulties in effective engagement with the global trade environment, especially given the rules-based system of world trade applicable to member states of the World Trade Organisation, are a constant subject for academic and political discours... Read More about Economic and development policy-making in Nigeria..

Equal pay legislation and its impact on the gender pay gap. (2011)
Journal Article
GOW, L. and MIDDLEMISS, S. 2011. Equal pay legislation and its impact on the gender pay gap. International journal of discrimination and the law [online], 11(4), pages 164-186. Available from: https://doi.org/10.1177/1358229112440442

Equal pay legislation has been in existence for over 40 years in the UK and the legal rules dealing with equal pay have been consolidated and amended recently with the implementation of the Equality Act 2010. However, despite this, problems can still... Read More about Equal pay legislation and its impact on the gender pay gap..

The psychological contract and implied contractual terms: Synchronous or asynchronous models? (2011)
Journal Article
MIDDLEMISS, S. 2011. The psychological contract and implied contractual terms: Synchronous or asynchronous models? International journal of law and management [online], 53(1), pages 32-50. Available from: https://doi.org/10.1108/17542431111111872

Purpose – For longer than most people would think, over 40 years, organisational psychologists have been defining and characterising the employment relationship in terms of the psychological contract. Across the same period, judges have through their... Read More about The psychological contract and implied contractual terms: Synchronous or asynchronous models?.

Employer's vicarious liability: where are we now? (2010)
Journal Article
ARNELL, S. 2010. Employer's vicarious liability: where are we now? Juridical review, 243.

The recent decision of the Inner House of the Court of Session in the case of Wilson v Exel UK Ltd (t/a Exel)1 has given the Scottish courts the opportunity to demonstrate how they are going to treat the approach to the application of vicarious liabi... Read More about Employer's vicarious liability: where are we now?.

Copyright law: architect's right of integrity railroaded? (2010)
Journal Article
LAUTERBACH, T. 2010. Copyright law: architect's right of integrity railroaded? TICCIH bulletin [online], 50(4), page 6-7. Available from: https://ticcih.org/wp-content/uploads/2013/04/1298009728_b50.pdf

The Stuttgart Region Court in Germany, balancing the right of integrity under copyright attributed to the architect of a work of architecture and the right to property held by the owner of the building, recently found against the grandson of Paul Bon... Read More about Copyright law: architect's right of integrity railroaded?.

The governance of oil and gas operations in hostile but attractive regions: West Africa. (2010)
Journal Article
MOLLER, L. 2010. The governance of oil and gas operations in hostile but attractive regions: West Africa. International energy law review, 4, pages 110-122.

West Africa with its well-endowed natural resources remains a highly attractive investment opportunity. That is, to investors who are not deterred by the economical and political challenges of these countries including the responsibilities of governm... Read More about The governance of oil and gas operations in hostile but attractive regions: West Africa..

Freedom of religion and gender equality: inclusive or exclusive? (2010)
Journal Article
STUART, A. 2010. Freedom of religion and gender equality: inclusive or exclusive? Human rights law review [online], 10(3), pages 429-459. Available from: https://doi.org/10.1093/hrlr/ngq014

This article critically analyses European jurisprudence to ascertain the extent to which the right to freedom of religion has been interpreted as a right of religion to internal autonomy. It asserts that women are being denied an effective right to f... Read More about Freedom of religion and gender equality: inclusive or exclusive?.

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..