Nottingham Law Journal

The Nottingham Law Journal is a general law journal that publishes scholarly legal work across a broad range of subject matter.

Articles from Vol. 22, Annual

Anti-Social Behaviour, Harassment and the Context-Dependent Victim
INTRODUCTION In May 2012 the Coalition government announced replacements for the main legal instruments used to control anti-social behaviour in England and Wales, including the Anti-Social Behaviour Order (ASBO). Introducing the new powers, Home...
Centre for Conflict Rights and Justice: Student Prize
Critically analyse the below proposal: "I think householders acting instinctively and honestly in self-defence are victims not criminals. They should be treated that way. That's why we are going to deal with this issue once and for all. I will shortly...
Corporate Law Theory
The Corporate Objective, by ANDREW KEAY, United Kingdom, Edward Elgar, 2011, x + 346 pp, Hardback, 89.95 [pounds sterling], ISBN 978-1-84844-771-4 AND The Enlightened Shareholder Value Principle and Corporate Governance, by ANDREW KEAY, United...
How Does Public Opinion Influence the Law?
INTRODUCTION In physics, the phenomenon of momentum often occurs after the influence of a force namely pressure. Public opinion most strikingly influences the law in much the same way--through pressure. It exists as a background presence and, because...
How Property Works: The Complex World View
INTRODUCTION 2013 is a good time for UK property lawyers to celebrate the life and work of Elinor Ostrom. During the last decades of her life--she died on 12 June 2012, aged 78--she was responsible for a radical change in the thinking about the...
Key2 Law (Surrey) LLP V De'Antiquis & Another: A Return to Certainty, but at What Cost?
Key2 Law (Surrey) LLP v Gaynor De'Antiquis (Secretary of State for Business, Innovation and Skills intervening) [2011] EWCA Civ 1567 (Lord Justice Rimer, Lord Justice Longmore and Mr Justice Warren) THE FACTS On 21 July 2008, the Claimant...
Neutrality Revised?
INTRODUCTION Rules of armed neutrality have been developed over centuries, and form an important subset of laws of international armed conflict. A legal status of neutrality during war reflects the sovereign right of any state to remain uninvolved....
Reform to the UK Company Registration of Charges Scheme
The Companies Act 2006 (amendment of Part 25) Regulations 2013 (SI 20131600) INTRODUCTION The recent reforms to modernise the corporate security registration system significantly strengthen the law relating to corporate security. Following a...
The Best Interests of the Child in UK Immigration Law
INTRODUCTION On 18 November 2008, nearly two decades after ratification of the United Nations Convention on the Rights of the Child (UNCRC), the United Kingdom withdrew its general reservation on immigration matters. The reservation had permitted...
The EU's New Victims' Rights Directive: Can Minimum Harmonization Work for a Concept like Vulnerability?
INTRODUCTION This is a conceptual piece. It is also, to use the latest pedagogical jargon, a reflective piece. It arose from a project which the author undertook with the National Centre for Cyberstalking Research at the University of Bedfordshire...
The Latest Attempt at Reform of the House of Lords - One Step Forward and Another One Back
INTRODUCTION "When it comes to House of Lords reform during this Parliament, the ship has sailed". (1) Sadiq Khan, Shadow Lord Chancellor and Shadow Secretary of State for Justice, January 2013. In September 2012 the Deputy Prime Minister Nick...
The Life and Work of Elinor Ostrom
It is a shame that the law and economics movement is so strongly associated with one particular type of economics in the legal mind, at least on this side of the Atlantic. The economics is one that combines the hyper-rational economic agent with a...
The Pursuit of "Socially Useful Banking" in Twenty-First Century Britain and Exploring Victorian Interactions between Law, Religion, and Financial Marketplace Values
BACKGROUND AND CONTEXT In this second decade of the twenty-first century, people of Britain have been warned that the "nice decade" is over. (1) It is becoming clear that from the time of considerable consumption which preceded the 2007-8 financial...
Victimized by Regulation: The Victimogenicity of Taxi Drivers
INTRODUCTION The extent to which state regulation of specific professions and trades contributes towards victimization of members of that occupation is a neglected area of research. Taxi driving is a heavily regulated occupation, with taxi drivers...
Victims, Trauma, Testimony
INTRODUCTION The purpose of this paper is to explore the interconnections between the rising policy concern with the victim (of crime) on the one hand and the social recognition of trauma on the other. In so doing the paper will address three interconnected...
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