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Minorities and Law: Past and Present

Maleiha Malik.

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. 13262 words.

Recent discussions have presented non-state legal orders of minorities such as Jews and Muslims as a parallel legal system and an ominous threat to liberal political order. I argue that the...

Mistaken Gifts after Pitt v Holt

Birke Häcker.

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. 20062 words.

In Pitt v Holt [2013] UKSC 26, the Supreme Court ruled on the conditions under which a voluntary deed can be set aside for spontaneous mistake. This article explores the ramifications of...

More than Just a Different Face? Judicial Diversity and Decision-making

Rosemary Hunter.

in Current Legal Problems

January 2015; p ublished online April 2015 .

Journal Article. Subjects: Law; Jurisprudence and Philosophy of Law; Law and Society; Politics and Law. 9981 words.

This article addresses a key question in debates around judicial diversity: what evidence is there that a more diverse judiciary will make a difference to substantive decision-making? The...

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Precarious Professionalism: Some Empirical and Behavioural Perspectives on Lawyers

Richard Moorhead.

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. 13861 words.

This article adopts the normative claims of professions and Abbott’s ecological theory of professions to argue that legal professionalism is precarious in four particular ways. Evidence...

Property Outsiders and the Hidden Politics of Doctrinalism

Lorna Fox O’Mahony.

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. 15792 words.

Of all areas of law, it is property, particularly as it relates to housing and home, which affects people most consistently and directly. Yet, while people are intensely interested in...

Rethinking the Approach to Economic Justifications under the EU's Free Movement Rules

Sue Arrowsmith.

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. 26599 words.

The ECJ has frequently stated that it is a general rule that ‘economic’ aims are precluded as justifications for restrictions on free movement. This on its face suggests that free movement...

The Rise of Corporate Governance in the UK: When and Why

Brian R. Cheffins.

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. 16623 words.

While issues that prompt corporate governance responses are endemic to the corporate form, the term ‘corporate governance’ only began to feature with any regularity in discussions of public...

‘We the People’ Outside of the Constitution: The Dialogic Model of Constitutionalism and the System of Checks and Balances

Roberto Gargarella.

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. 19799 words.

All over the world, constitutional theory has been experiencing developments which have been studied under the rubric of dialogic constitutionalism, dialogic justice or dialogic judicial...

Whither the Margin of Appreciation?

Dean Spielmann.

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. 6990 words.

The doctrine of the margin of appreciation may be regarded as being among the most prominent judge-made legal constructs in European human rights jurisprudence. It is an analytical tool...