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  Subjects -> LAW (Total: 1453 journals)
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    - INTERNATIONAL LAW (184 journals)
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    - LAW (869 journals)
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LAW (869 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
(En)clave Comahue. Revista Patagónica de Estudios Sociales     Open Access  
ABA Journal Magazine     Full-text available via subscription   (Followers: 24)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 19)
Acta Universitatis Danubius. Juridica     Open Access   (Followers: 1)
Acta Universitatis Lodziensis : Folia Iuridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 2)
Adelaide Law Review     Full-text available via subscription   (Followers: 23)
Administrative Law Review     Open Access   (Followers: 45)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal on Conflict Resolution     Open Access   (Followers: 22)
Afrilex     Open Access   (Followers: 5)
Ahkam : Jurnal Hukum Islam     Open Access   (Followers: 1)
Ahkam : Jurnal Ilmu Syariah     Open Access  
Air and Space Law     Full-text available via subscription   (Followers: 21)
Akron Law Review     Open Access   (Followers: 5)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
Al Ihkam : Jurnal Hukum & Pranata Sosial     Open Access   (Followers: 1)
Al-Ahkam     Open Access   (Followers: 1)
Al-Istinbath : Jurnal Hukum Islam     Open Access  
Alaska Law Review     Open Access   (Followers: 8)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 15)
Alternative Law Journal     Hybrid Journal   (Followers: 9)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 12)
Amazon's Research and Environmental Law     Open Access   (Followers: 5)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 58)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 19)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 11)
American Journal of Legal History     Full-text available via subscription   (Followers: 10)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 11)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 6)
Amsterdam Law Forum     Open Access   (Followers: 8)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access  
Annales de droit     Open Access  
Annales de la Faculté de Droit d’Istanbul     Open Access  
Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius)     Open Access  
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbeidsrett     Full-text available via subscription  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 4)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 14)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 6)
Arizona State Law Journal     Free   (Followers: 3)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 3)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 3)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 11)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access   (Followers: 1)
ASEAN Journal of Legal Studies     Open Access  
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 7)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 4)
Asian Pacific American Law Journal     Open Access   (Followers: 3)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Atti della Accademia Peloritana dei Pericolanti - Classe di Scienze Giuridiche, Economiche e Politiche     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 9)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 13)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 21)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 15)
Ave Maria Law Review     Free   (Followers: 4)
Badamai Law Journal     Open Access   (Followers: 2)
Baltic Journal of Law & Politics     Open Access   (Followers: 6)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 7)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 28)
Beijing Law Review     Open Access   (Followers: 5)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 14)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Boletín Instituto de Derecho Ambiental y de los Recursos Naturales     Open Access  
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 16)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Bulletin of Yaroslav Mudryi NLU : Series : Philosophy, philosophy of law, political science, sociology     Open Access  
Business and Human Rights Journal     Full-text available via subscription   (Followers: 4)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos de Informação Jurídica     Open Access  
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cahiers Droit, Sciences & Technologies     Open Access  
California Law Review     Open Access   (Followers: 21)
California Western Law Review     Open Access   (Followers: 4)
Cambridge Law Journal     Hybrid Journal   (Followers: 199)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 11)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 20)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 9)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 19)
China-EU Law Journal     Hybrid Journal   (Followers: 5)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 5)
Chinese Law & Government     Full-text available via subscription   (Followers: 9)
Chulalongkorn Law Journal     Open Access  
Cleveland State Law Review     Free   (Followers: 2)
Clínica Jurídica per la Justícia Social : Informes     Open Access  
CMU Journal of Law and Social Sciences     Open Access   (Followers: 1)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 11)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 16)
Columbia Law Review (Sidebar)     Open Access   (Followers: 20)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 41)
Comparative Legal History     Full-text available via subscription   (Followers: 8)
Comparative Legilinguistics     Open Access   (Followers: 1)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 44)
Conflict Trends     Full-text available via subscription   (Followers: 13)
Cornell Law Review     Open Access   (Followers: 12)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 6)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 29)
Danube     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Debater a Europa     Open Access  
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 6)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 5)
DePaul Law Review     Open Access   (Followers: 3)
Derecho Animal. Forum of Animal Law Studies     Open Access   (Followers: 1)
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 3)
Derechos en Acción     Open Access  
Deusto Journal of Human Rights     Open Access  
Dicle Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Dikê : Revista de Investigación en Derecho, Criminología y Consultoría Jurídica     Open Access   (Followers: 1)
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Doxa : Cuadernos de Filosofía del Derecho     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 5)
Duke Forum for Law & Social Change     Open Access   (Followers: 5)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 21)
Duke Law & Technology Review     Open Access   (Followers: 11)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Economics and Law     Open Access   (Followers: 1)
Edinburgh Law Review     Hybrid Journal   (Followers: 19)
Education and the Law     Hybrid Journal   (Followers: 14)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 21)
Energy Law Journal     Full-text available via subscription   (Followers: 5)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 13)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erciyes Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 3)
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 13)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 9)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 11)

        1 2 3 4 5 | Last

Similar Journals
Journal Cover
Current Legal Problems
Number of Followers: 29  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 0070-1998 - ISSN (Online) 2044-8422
Published by Oxford University Press Homepage  [406 journals]
  • Polycentric Competition Law
    • Authors: Lianos I.
      Pages: 161 - 213
      Abstract: AbstractIn a world marked by financial instability, limited growth, rising inequality, deteriorating environment, growing corporate consolidation, and political turmoil, calls are made to shift the dominant competition law paradigm towards new directions. These may bring competition law beyond its usual comfort zone of assessing business, or government, practices from the point of view of their effect on prices, output and, more broadly, on consumer welfare.Competition law is seen as a tool to be used in various circumstances in order to ‘correct’ market as well as non-market (e.g. government) failures, that result from restrictions of competition, to the extent that these affect social welfare. These failures may relate to the protection of personal data and privacy, the protection of the environment, the promotion of social mobility, the harnessing of disruptive innovation, or the mitigation of technology risks. Some go even further and argue that competition law may well be employed in order to preserve a number of other ‘values’ of social justice, thought to be intrinsic in democratic capitalism and the liberal order, and to which competition law should be sensitive.By putting forward the model of ‘polycentric competition law’ and by explaining how this compares with the mainstream ‘monocentric’ vision that has prevailed so far, the study aims to unveil and portray the rites of passage in this transition, and to explore the liminal condition of modern competition law.
      PubDate: Mon, 18 Feb 2019 00:00:00 GMT
      DOI: 10.1093/clp/cuy008
      Issue No: Vol. 71, No. 1 (2019)
       
  • The Rule of—and not by any—Law. On Constitutionalism
    • Authors: Baer S.
      Pages: 335 - 368
      Abstract: To some, the rule of law has been an abstract promise, to others, it is a rather conservative stumbling block, and often, it is a taken for granted ingredient of modern societies, not much cared for, neither looked after. Yet today, ‘law’ is grabbed by people who plan to abuse it, in utter disregard of the justice demands that inform the very idea. In Hungary, Poland and Turkey, the courts have been subject to ‘reform’, streamlining them into servants of the political regime. In Germany, right wing politics present themselves as the ‘true’ defenders of the ‘Rechtsstaat’, yet use it to frame more or less evidently racist attacks on refugees and others sufficiently ‘othered’. Also, neo-fascist spokespeople on US and UK campuses and beyond present themselves as committed to ‘free speech’ and ‘academic freedom’, yet abuse both in attacks on the very foundations of democratic debate as well as education that deserves its name. In light of such developments, there is a need to explain and defend constitutionalism, as the foundation of democratic societies that deserve the name.
      PubDate: Thu, 03 Jan 2019 00:00:00 GMT
      DOI: 10.1093/clp/cuy010
      Issue No: Vol. 71, No. 1 (2019)
       
  • Dedications
    • Authors: Julius A.
      Pages: 1 - 16
      Abstract: AbstractWhat do we study, when we study “Law and the Arts”' Separate out “the arts” into “literature” and “the visual arts.” In the Academy, the relations between law and literature are typically studied thus: (a) the law of literature; (b) literary works that address the law; (c) law as literature. The relations between law and the visual arts figure as a more limited and remote version of this law / literature nexus: (a) art law; (b) art works that address legal themes; (c) law as art. And yet, if we imagine (as we must) law and the arts as distinct systems, correspondences in their content turn out to be apparent only. This article thus questions the received taxonomies, through a close analysis of the two dedications attached by Flaubert to his novel Madame Bovary. The article concludes: “Law and the Arts” as an interdisciplinary undertaking is better understood as a hybrid of two other titles: Law with Arts, Law vs. Arts, that is, Law and Arts United, Law and Arts in Conflict.
      PubDate: Mon, 26 Nov 2018 00:00:00 GMT
      DOI: 10.1093/clp/cuy007
      Issue No: Vol. 71, No. 1 (2018)
       
  • Populism and the UK Constitution
    • Authors: Young A.
      Pages: 17 - 52
      Abstract: AbstractThis article asks whether populism poses a problem for the UK Constitution. It explains how it is easy to be complacent about the extent to which populism may undermine the UK constitution. Populism may merely be a short-term corrective to tensions inherent to liberal democracies. Moreover, the UK’s characterisation as a predominantly political, evolutionary constitution may make it easier for populist movements to correct flaws without populist movements collapsing into authoritarianism. The article argues, however, that this complacency is misplaced. It fails to take account of the threats populism may pose to democracy, particularly through the homogenisation of the will of the people and the undermining of deliberative and participatory democracy through the over-simplification of politics combined with a focus on emotions over rationality in political debate. Rather than being immune to the dangers of populism, the UK constitution may act as a catalyst for populist movements, particularly given the way in which it focuses on pragmatic as opposed to redemptive understandings of democracy and human rights. Moreover, its flexible, uncodified nature may mean that the UK constitution is less able to prevent populist movements becoming authoritarian. Having established these difficulties, it then suggests a series of possible reforms. More fundamentally, it argues that it is time to revisit why we regard parliamentary sovereignty as the key principle of the UK constitution, arguing that we need to see this principle as instrumental to maintaining a balanced constitution, as opposed to upholding the sovereignty of the institution of Parliament.
      PubDate: Mon, 10 Dec 2018 00:00:00 GMT
      DOI: 10.1093/clp/cuy009
      Issue No: Vol. 71, No. 1 (2018)
       
  • Proportionality as Fittingness: The Moral Dimension of Proportionality*
    • Authors: Letsas G.
      Pages: 53 - 86
      Abstract: AbstractOutside law we often judge an action to be wrongful in virtue of being disproportionate. This paper aims to develop a moral account of proportionality as it figures outside law, with a view to shed light on legal doctrines that employ proportionality reasoning. The understanding of proportionality as a balancing act between harms and goods, popular amongst lawyers, lacks a moral dimension capable of justifying why disproportionate action is wrong. The paper defends instead a reason-based approach. It argues that the moral dimension of proportionality lies in the idea of obligations of role: an action is proportionate when it fits the reasons that pertain to the normative role of the acting agent, properly understood. Proportionality as fittingness captures better not only the use of proportionality outside law but also judicial outcomes under proportionality reasoning.
      PubDate: Sat, 22 Dec 2018 00:00:00 GMT
      DOI: 10.1093/clp/cuy011
      Issue No: Vol. 71, No. 1 (2018)
       
  • Towards a New Relationship Between Trade Mark Law and Psychology
    • Authors: Burrell R; Weatherall K.
      Pages: 87 - 118
      Abstract: Trade mark law and cognitive psychology are both concerned with establishing the mental states of consumers: in theory then we might expect these disciplines to have a close relationship, and to be engaged in ongoing dialogue. This is not the case and on further examination, real difficulties emerge, especially arising from trade mark law’s registration system. It is not simple to reconcile the goals, and the philosophical foundations, of these two disciplines. This article makes the argument that insights from psychology can play an important role in trade mark law, but for that to happen, we need to move away from the idea that insights from psychology are only useful to decide particular disputes before the courts. A better approach is to test trade mark law at a higher level of abstraction: to test trade mark law s assumptions about how consumers process information. Starting at this level could inform trade mark law, without disrupting the registration system.
      PubDate: Thu, 27 Sep 2018 00:00:00 GMT
      DOI: 10.1093/clp/cuy001
      Issue No: Vol. 71, No. 1 (2018)
       
  • Making and Shaping the Law of Armed Conflict
    • Authors: Sivakumaran S.
      Pages: 119 - 160
      Abstract: AbstractWho makes international humanitarian law' That is the subject of this article. Is it states and only states' Or are other actors also involved' What is the role of international courts and tribunals' And where does the work of the International Committee of the Red Cross fit' Drawing on ideas of communities of practice and interactional international law, this article argues that it is the community of international humanitarian lawyers that makes international humanitarian law through a process of dialogic interaction. This community includes states, international courts and tribunals, the International Committee of the Red Cross, academics, and others. Through interaction in the selection of issues, during the drafting of outputs, and following the publication of the finished product, the community makes and shapes international humanitarian law. States thus play an important role in law-making, particularly insofar as the conclusion of treaties and the formation of customary international law are concerned. However, states have tended not to react to the interpretation, application and identification of the law by other members of the community of international humanitarian lawyers. This relative silence on the part of states has had a number of consequences. Silence has been taken as acquiescence. The response of other members of the community to the publication of an output has taken on a greater significance. And states have been side-lined. The Article concludes by discussing ways in which states can be more active in the making and shaping of international humanitarian law.
      PubDate: Wed, 12 Sep 2018 00:00:00 GMT
      DOI: 10.1093/clp/cuy004
      Issue No: Vol. 71, No. 1 (2018)
       
  • Aggravated Damages
    • Authors: Tilbury M.
      Pages: 215 - 244
      Abstract: AbstractIn their modern form, aggravated damages burst on the legal scene in 1964. Their nature is contestable. Commentators tend to argue that they compensate for losses associated with the plaintiff’s dignity. This paper argues that this view is both too narrow and too wide: too narrow because aggravated damages have not been limited to losses that can be so described; too wide because the view is based on the assumption that aggravated damages are an independent head of damage. Properly understood, aggravated damages are relevant in the assessment of damages, compensating for recoverable tangible or intangible losses that are incapable of objective monetary assessment and that have been increased by reason of the nature and circumstances of the defendant’s wrong. Their justification is the need to avoid the risk of under-compensation in such cases.
      PubDate: Fri, 14 Sep 2018 00:00:00 GMT
      DOI: 10.1093/clp/cuy003
      Issue No: Vol. 71, No. 1 (2018)
       
  • Humanity in Tort: Does Personality Affect Personal Injury Litigation'
    • Authors: Lewis R.
      Pages: 245 - 278
      Abstract: AbstractThis article examines whether the character of people involved in personal injury claims affects their outcome irrespective of the legal rules. For example, does the personality or background of the litigants or their lawyers influence whether an action succeeds and how much damages are then paid'A rise in the number of claims is noted here as part of a contested ‘compensation culture’ in personal injury. In a demographic analysis, the article identifies typical claimants and the injuries from which they suffer. Claims have been gathered in increasing numbers by law firms in response to market pressures encouraging them to process minor injury cases in bulk. The firms have changed their structure and created ‘settlement mills’ where there may be little scope for individuals to affect the routine processing of small claims. By contrast, in more serious injury cases character and personality are more likely to make a difference. These findings are suggested by the author’s empirical study of the views of lawyers on the operation of the claims system: practitioners who have been interviewed are given voice here.The article challenges traditional perspectives of tort where it is often implicit that claims are resolved only in court on the basis of textbook rules on liability and damages. There has been a failure to take account of other factors which may influence both the settlement of claims and the few cases that go to trial. In this wider context the article forms part of a literature revealing that the operation of the tort system in practice differs markedly from that in theory. It calls into question those philosophies of tort liability which fail to consider how claims are actually determined.
      PubDate: Fri, 21 Sep 2018 00:00:00 GMT
      DOI: 10.1093/clp/cuy002
      Issue No: Vol. 71, No. 1 (2018)
       
  • An Institutional Theory of Corporate Regulation
    • Authors: Chiu I.
      Pages: 279 - 334
      Abstract: AbstractThe regulation of corporate behaviour has persisted in spite of peaks of neo-liberalism in many developed jurisdictions of the world, including the UK. This paradox is described as ‘regulatory capitalism’ by a number of scholars. Of particular note is the proliferation of corporate regulation to govern ‘socially responsible’ behaviour in recent legislative reforms in the EU and UK. In seeking to answer the broader question of whether corporate regulation indeed effectively governs and moderates corporate behaviour, this paper focuses on the nature of corporate regulation. Although different pieces of corporate regulation purport to achieve different objectives and impose different types of obligations, this paper offers an institutional account of corporate regulation, specifically in relation to the UK’s regulatory capitalism, which is in the mould of a liberal market economy. We argue that the nature and effectiveness of corporate regulation crucially depends on the nature of ‘regulatory capitalism’ in the type of economic order under discussion.Regulatory capitalism in the UK is characterised by three key tenets which reflect the spirit of the liberal market economy embraced here. Over time, gaps have been revealed in the achievements of these tenets of regulatory capitalism, particularly in relation to social expectations of the regulation of corporate behaviour. In the aftermath of the global financial crisis 2007-9, we observe increasing legalisation in the EU and UK of CSR issues, framed in ‘new governance’ regulatory techniques. They hold promise for change in corporate conduct through deeper forms of corporate engagement and accountability but they appear at the same time relatively undemanding and susceptible to cosmetic compliance. By discussing key examples in new corporate regulation reforms in the EU and UK, we seek to understand why recent corporate regulation reforms seem to offer mixed and in some cases, relatively limited achievements in governing corporate behaviour. We argue that the institutional account of corporate regulation continues to be able to explain regulatory weaknesses and limited achievements, in spite of the deployment of ‘new governance’ regulatory techniques. This is because ‘new governance’ regulatory techniques are implemented within the ethos of regulatory capitalism which limits their potential to introduce paradigm shifts. However the limitations of these regulatory reforms highlight more sharply the institutional shifts that are needed in order to connect the efficacy of corporate regulation with meeting social expectations.
      PubDate: Thu, 15 Nov 2018 00:00:00 GMT
      DOI: 10.1093/clp/cuy006
      Issue No: Vol. 71, No. 1 (2018)
       
  • Thirty Years of Ultra Vires: Local Authorities, National Courts and the
           Global Derivatives Markets
    • Authors: Braithwaite J.
      Pages: 369 - 402
      Abstract: AbstractBetween 1987 and 1989, Hammersmith and Fulham London Borough Council entered into nearly 600 derivatives transactions. In 1991, the House of Lords held that it lacked the capacity to do so and the contracts were therefore void. Taking this landmark litigation as its starting point, this article seeks to explain the persistence and evolution of the problem of ultra vires, as it has affected local authorities participating in the derivatives markets. Specifically, the article traces how the derivatives markets have transformed beyond recognition in terms of their size, complexity and global reach over the three decades since the Hammersmith litigation, and it explores the resulting changes in the ultra vires disputes which come before the English courts. The article goes on to examine in detail the recent ‘second wave’ of ultra vires decisions, involving public bodies from Norway, Holland and Italy, amongst others. The analysis demonstrates how the global nature of the contemporary financial markets has further complicated the ultra vires problem, generating novel and difficult questions for the English courts. The article concludes that this area of law now contains a significant contradiction, between the English courts’ market-minded approach on the one hand, and the harshness of the traditional doctrine of ultra vires on the other.
      PubDate: Wed, 26 Sep 2018 00:00:00 GMT
      DOI: 10.1093/clp/cuy005
      Issue No: Vol. 71, No. 1 (2018)
       
  • Hate Speech Online: an (Intractable) Contemporary Challenge'
    • Authors: O’Regan C.
      Pages: 403 - 429
      Abstract: AbstractInternet users generate billions of pieces of online content weekly across a number of social media platforms, and that content includes hate speech. How to respond to hate speech online is a question that is troubling democracies all over the world and there is no easy solution in sight. The question of hate speech has long given rise to dispute in international human rights law, a dispute that arises because the protection of freedom of speech on the one hand and the prohibition of hate speech on the other are rooted in different normative principles that need to be accommodated. This enduring dispute makes it particularly difficult to design solutions to the problem of hate speech online. The article describes and assesses the current rules regulating hate speech online in four jurisdictions, the USA, the UK, Europe and Germany and suggests that it is not clear that any of the systems satisfactorily address the issue of hate speech online.
      PubDate: Mon, 24 Dec 2018 00:00:00 GMT
      DOI: 10.1093/clp/cuy012
      Issue No: Vol. 71, No. 1 (2018)
       
 
 
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