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EU Employment Law and the European Social Model: The Past, the Present and the Future

Catherine Barnard.

in Current Legal Problems

January 2014; p ublished online August 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 15895 words.

If the critics are right, the European Union’s (EU’s) social model is dead and that is the end of it. Those on the right may well be dancing on its grave; those more sympathetic might mourn...

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Evolutionary Trajectories for Transnational Labour Law: Trade in Goods to Trade in Services?

Tonia Novitz.

in Current Legal Problems

January 2014; p ublished online July 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 14102 words.

The emergence of ‘trade in services’ as opposed to ‘trade in goods’ has the potential to pose challenges for transnational labour laws. In particular, three intertwined narratives have...

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Excusing Information-Provision Crimes in the Bureaucratic State

Jeremy Horder.

in Current Legal Problems

January 2015; p ublished online August 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 13258 words.

A way of conceiving the state in which we live is as the ‘bureaucratic–participatory’ state. The good citizen in this state is the citizen who is honest and truthful, when required to...

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‘Frenzied Law Making’: Overcriminalization by Numbers

James Chalmers.

in Current Legal Problems

January 2014; p ublished online May 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 8458 words.

The New Labour government was accused of frenzied law making, creating a criminal offence for every day spent in office. The current government, responding to these concerns, has introduced...

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Governing ‘As If’: Global Subsidies Regulation and the Benchmark Problem

Andrew Lang.

in Current Legal Problems

January 2014; p ublished online July 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 15278 words.

As a result of the extraordinary work of Foucault, Shapin and Schaffer, Porter, and many others, we are familiar with many of the practices of governance which emerged during the 19th...

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Habeas Corpus, Imperial Rendition, and the Rule of Law

Michael Lobban.

in Current Legal Problems

January 2015; p ublished online July 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 29231 words.

In the decades which followed the publication of AV Dicey’s Law of the Constitution, most English lawyers felt confident that the rights and liberties of Englishmen were protected by a rule...

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‘Heads I Win. Tails you Lose.’ Migration and the Worker Citizen

Bridget Anderson.

in Current Legal Problems

January 2015; p ublished online August 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 7179 words.

This article examines how differences between ‘migrants’ and citizens are forged and sustained in law and social practice with reference to welfare benefits. It explores how citizenship is...

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Immigration Detention: The Grounds Beneath Our Feet

Cathryn Costello.

in Current Legal Problems

January 2015; p ublished online October 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 14707 words.

Detention as part of migration control is sometimes portrayed as a ‘necessary adjunct’ of the state’s power to control immigration. This characterization is a masking device, obscuring the...

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Implied Terms: The Foundation in Good Faith and Fair Dealing

Hugh Collins.

in Current Legal Problems

January 2014; p ublished online May 2014 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 15851 words.

With the aim of clarifying English law of implied terms in contracts and explaining their basis in the idea of good faith in performance, it is argued first that two, but no more, types of...

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Mapping a Developing Governance Space: Managing Drought in the UK

Bettina Lange and Christina Cook.

in Current Legal Problems

January 2015; p ublished online September 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 15690 words.

Climate change is associated with severe weather events also in the UK, such as alternating periods of flooding and drought. This article discusses how this increasingly important...

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