Law
Welcome to the research outputs of the University of Exeter School of Law, part of the College of Social Sciences and International Studies
Recent Submissions
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The elusive notion of good faith in the performance of a contract, why still a bête noire for the civil and the common law?
(Sweet and Maxwell, 2017-08-02)Introduction The enduring paradox and divisiveness of good faith is well known; although a fundamental principle in most European continental systems, in a growing number of common law countries as well as in numerous ... -
Separating Rescission and Restitution
(LexisNexis, 2016)This article argues that rescission of a contract and restitution of what passed under it are best viewed as two distinct operations. Similarly, inability to give counter-restitution, lapse of time, and third party rights, ... -
The MM Case and the Public Interest: How did the Government make its Case?
(Bloomsbury Publishing, 2017)The financial requirements imposed in 2012 on the British sponsors of non-EEA spouses and partners have been amongst the most publicly contested of many contested immigration policies. This is in large part due to their ... -
Invisible injuries: concussive effects and international humanitarian law
(Harvard University, Harvard Law School, 2017)No abstract -
A new foundation: physical Integrity, disabled dance and cultural heritage
(Intellect, 2018-01-01)Introduction Leading dance commentators have argued that ‘disability remains a marginalised and under-theorised area in dance studies’, notwithstanding advances in the growth of mixed ability dance companies, and the ... -
Disability and the Dancing Body: A symposium on ownership, identity and difference in dance
(University of Edinburgh School of Law, 2015-06)Introduction The InVisible Difference Project is a three-year Arts and Humanities Research Council (AHRC) funded project, which examines the intersection between disability, dance and law. It asks questions surrounding ... -
Where copyright ends, trade mark may begin: the EFTA Court allows relay races of intellectual property rights over artworks
(Oxford University Press, 2017)In April 2017, the EFTA Court confirmed that out-of-copyright works can be registered as trade marks without - in principle - being in breach of the public policy or morality exclusions, as long as the sign is neither ... -
Is all fair in war against unhealthy and unsustainable lifestyles? The right to privacy vs. modern technology in consumer contracts
(Springer, 2017)In their quest to curb unhealthy and unsustainable consumer lifestyles, policymakers may be tempted to use modern technology to nudge consumers to conclude only the ‘right’ contracts. However, this would create a tension ... -
You too will be judged: erga omnes effect of registered unfair contract terms in Poland
(C H Beck, 2017-06-14) -
Vulnerability on Trial: Protection of Migrant Children’s Rights in the Jurisprudence of International Human Rights Courts
(Boston University, 2017)Although vulnerability does not have an express legal basis in international human rights law, international human rights courts, and particularly the European Court of Human Rights (ECtHR), have increasingly drawn on this ... -
A state of flux in public benefit across the UK, Ireland and Europe
(Key Haven Publications, 2014-02-10)The term ‘public benefit’ has generated lively parliamentary, legal and journalistic debate in recent years, not least in relation to the tax privileges enjoyed by fee-charging independent schools and the merits or otherwise ... -
Charitable status: not a negligible matter
(Sweet and Maxwell, 2016-04)Examines the Chancery Division judgment in Re Duffy (Deceased) on whether a legacy for the benefit of the residents at a care home, which amounted to 33 persons at the time of the testator's death, qualified as a charitable ... -
The Attorney General and the Charity Commission: one rule without reason?
(Sweet and Maxwell, 2016-07)Calls for the abolition of the requirement that the Charity Commission obtain the consent of the Attorney General before referring a case to the First-tier Tribunal concerning the exercise of any of its functions. Assesses ... -
Poverty: an essential element in charity after all?
(Cambridge University Press (CUP) for University of Cambridge, Faculty of Law, 2011-11-17)In 1951, an argument that schools should be charitable only if they offer free or reduced tuition was dismissed by the court as a “startling proposition”.1 Yet, in 2010, an independent school was assured of its charitable ... -
Independent Schools Council v Charity Commission for England and Wales [2011] UKUT 421 (TCC)
(Wiley for Modern Law Review, 2012-07)This note provides a critical analysis of the Upper Tribunal's decision and questions its proposed application and legal justification. The author suggests that the Upper Tribunal has introduced a third sense of public ... -
International law and the military use of unmanned maritime systems
(Cambridge University Press (CUP) for International Committee of the Red Cross, 2017-07-27)Unmanned maritime systems (UMSs) comprise an important subcategory of unmanned military devices. While much of the normative debate concerning the use of unmanned aerial and land-based devices applies equally to those ... -
Assessing U.S. justifications for using force in response to Syria's chemical attacks: an international law perspective
(University of the Pacific, McGeorge School of Law, and the Institute for National Security and Counterterrorism (INSCT) of the Maxwell School of Citizenship & Public Affairs and College of Law of Syracuse University., 2017-05-17)Michael Schmitt and Christopher Ford unpack the Trump Administration’s legal justifications for the April 2017 United States attack on a Syrian airfield in response to its use of chemical weapons against civilians. Schmitt ... -
Vulnerability on trial: human rights courts approaches to the protection of migrant children’s rights
(2017)Although vulnerability does not have an express legal basis in international human rights law, human rights courts, and particularly the European Court of Human Rights (ECtHR), have increasingly drawn on this concept in ... -
Respect for Sovereignty in Cyberspace
(University of Texas School of Law, 2017) -
Sovereignty in Cyberspace: Lex Lata Vel Non?
(Cambridge University Press (CUP) for American Society of International Law, 2017)Introduction Globalization has not conquered sovereignty. Instead, the notion of sovereignty occupies center stage in discussions concerning the normative architecture of cyberspace. On the diplomatic level, the term is ...