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. 25, Annual

Disputing the Indisputable
Genocide Denial and Freedom of Expression in the Perincek v Switzerland (Grand Chamber) Judgment of the European Court of Human Rights INTRODUCTION: A JURISPRUDENTIAL LANDMARK? In the long and animated debate about content and limits on the freedom...
Don't Take Away My Break-Away: Balancing Regulatory and Commercial Interests in Sport
INTRODUCTION The ability of sports governing bodies to control their respective sports is one that has come under growing pressure in recent years. As sport has become increasingly globalised and the commercial value of elite sport has swelled exponentially--...
Face Veils and the Law: A Critical Reflection
INTRODUCTION The face veil (or niqab) generates a remarkable amount of media attention. Public debate was re-ignited in the UK in 2010 by France passing legislation to ban the concealment of the face in public places. (1) Although the law is neutrally...
How Many Contracts in an Auction Sale?
INTRODUCTION Making sense of auction sales, in terms of English contract law, is no easy task. Despite the common perception of hammers hitting blocks, signifying the creation of the basic sale contract, (1) a typical auction sale necessarily involves...
Human Rights, Identity and the Legal Regulation of Dress
INTRODUCTION Law, particularly anti-discrimination or equalities and human rights law, is supposed to protect our fundamental freedoms in a liberal democratic system. Such freedoms include rights to religious and other forms of expression protected...
Innocent Dissemination: The Type of Knowledge Concerned
Chau Hoi Shuen, Solina Holly v SEEC Media Group Limited 18 December 2015 (HKCFA) (Ma CJ, Ribeiro, Tang and Fok PJJ and Mapesbury NPJ) INTRODUCTION In an action for defamation, a subordinate publisher with no knowledge of the libel in the...
Killing the Parasite
R v Jogee [2016] UKSC 8; Ruddock v The Queen [2016] UKPC 7 18 February 2016 (Lord Neuberger (President), Lady Hale (Deputy President), Lord Hughes, Lord Toulson, Lord Thomas) INTRODUCTION 2016 has been a good year for the criminal law in the...
No Face Veils in Court
INTRODUCTION In January 2016, Lord Neuberger, President of the Supreme Court indicated his view in the above quote that face veils should not be worn in court if evidence is contested. (3) He had previously said in a speech that it was necessary...
Pledges over Inventory in France
Cour de Cassation Assemblee pleniere Arret No. 627 du 7 Decembre 2015 ECLI:FR:CC ASS: 2015:AP00627 (President: M. Louvel; Avocat General: M. Le Mesle) In December 2015, the French Cour de Cassation (the 'Supreme Court') in plenary session...
R. V. Sussex Justices, Ex Parte McCarthy: Should There Be Cameras in Court?
"NOT ONLY MUST JUSTICE BE DONE; IT MUST ALSO BE SEEN TO BE DONE." R V SUSSEX JUSTICES, EX PARTE MCCARTHY ([1924] 1 KB 256, [1923] ALL ER REP 233) SHOULD THERE BE CAMERAS IN COURT? INTRODUCTION At the London 2012 Olympics, Oscar Pistorius found...
S.A.S. V. France: A Reality Check
INTRODUCTION In the debate on 'burqa bans' in Europe, the Grand Chamber judgment of SAS v France of the European Court of Human Rights has become a central reference point. The judgment, which dates from 1 July 2014, has been the subject of a great...
The Creative Identity and Intellectual Property
INTRODUCTION Society relies on creative people to enrich culture by producing the art, music, literature, and to design and invent new products that enhance our lives. (1) Although the fruit of creative work has a high profile in society, there...
The Legal Prospective Force of Constitutional Courts Decisions: Reflections from the Constitutional Jurisprudence of Kosovo and Beyond
INTRODUCTION Constitutions often state that decisions of constitutional courts are legally binding for everyone. However, a number of questions lurk behind the general proposition of their binding effect, which this paper seeks to examine from a...
The Veiled Lodger - a Reflection on the Status of R. V. D
At the time of writing this article (January 2016) some 28 months have elapsed since His Honour Judge Peter Murphy gave judgment in the case of R v D. (1) His judgment, requiring a female defendant of the Muslim faith to remove her niqaab if she wished...
Why the Veil Should Be Repudiated
In the global village, ideas, practices and policies cannot be kept within borders. In this section, I focus mostly on the UK, though I do refer to other countries and realities. My arguments rest on this premise: all of us in are in it together. We...
Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.