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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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)On 15 December 2016 Chinese forces seized an unmanned underwater vehicle being operated by a U.S. government vessel, the USNS Bowditch, 50 nautical miles from the Philippine coast in the South China Sea. In response, the ... -
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 ... -
Grey Zones in the International Law of Cyberspace
(Yale Law School, 2017-05-08)Introduction In 2015 and 2016, hackers affiliated with the Russian government broke into servers of the U.S. Democratic National Committee (DNC). The subsequent release of documents hurt Democrats in Congressional races, ... -
Peacetime Cyber Responses and Wartime Cyber Operations Under International Law: An Analytical Vade Mecum
(Harvard University, Harvard Law School, 2017)Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations examines the application of extant international law principles and rules to cyber activities occurring during both peacetime and armed conflict. ... -
Peacetime Cyber Responses and Wartime Cyber Operations Under International Law: An Analytical Vade Mecum
(Harvard University, Harvard Law School, 2017)Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations examines the application of extant international law principles and rules to cyber activities occurring during both peacetime and armed conflict. ... -
Towards the International Rule of Law in Cyberspace: Contrasting Chinese and Western Approaches
(Oxford University Press (OUP), 2017)China and Western countries have repeatedly portrayed each other as potential or actual adversaries in cyberspace. Yet, both sides ostensibly subscribe to an international consensus that cyber operations must be subjected ...