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The Civil Code Controversy in Meiji Japan: The Struggle to Modernize the Nation (2024)
Book
Piegzik, M. (2024). The Civil Code Controversy in Meiji Japan: The Struggle to Modernize the Nation. Netherlands: Leiden University Press

The book outlines a dramatic history of the failed liberalization of Japanese private law during the Meiji era. Once Japan overthrew the shogunate and fully opened up to contact with the world, modernization of the backward country and its fragmented... Read More about The Civil Code Controversy in Meiji Japan: The Struggle to Modernize the Nation.

Vulnerability and Private International Law: Mapping a Normative Approach Towards Asymmetrical Substantive Equality (2024)
Book Chapter
Gillies, L. (2024). Vulnerability and Private International Law: Mapping a Normative Approach Towards Asymmetrical Substantive Equality. In J. Borg-Barthet, K. Trimmings, B. Yüksel Ripley, & P. Živkovic (Eds.), From Theory to Practice in Private International Law: Gedächtnisschrift for Professor Jonathan Fitchen. London: Bloomsbury Publishing

The first two decades of this century have already witnessed an increasing range of inequalities between individuals across borders. These inequalities are socio-legal or socio-economic challenges which manifest as vulnerability. Operating at the le... Read More about Vulnerability and Private International Law: Mapping a Normative Approach Towards Asymmetrical Substantive Equality.

Re-evaluating the East-West divide in the European Union (2024)
Journal Article
Volintiru, C., Surubaru, N., Epstein, R. A., & Fagan, A. (2024). Re-evaluating the East-West divide in the European Union. Journal of European Public Policy, 31(3), 782-800. https://doi.org/10.1080/13501763.2024.2313694

This introduction argues that the East-West divide in Europe continues to be politically salient since the fall of the Berlin Wall and two decades since the accession of most East Central European (ECE) countries to the European Union. We re-evaluate... Read More about Re-evaluating the East-West divide in the European Union.

Are Legal Systems Converging or Diverging? Lessons from Contemporary Crises (2024)
Book
Ghio, E., & Perlingeiro, R. (Eds.). (2024). Are Legal Systems Converging or Diverging? Lessons from Contemporary Crises. Cham: Springer. https://doi.org/10.1007/978-3-031-38180-5

This edited volume investigates legal convergence. It takes an international and thematical approach where chapters focus on how selected legal areas in selected jurisdictions have responded to contemporary crises. The volume aims to provide some ins... Read More about Are Legal Systems Converging or Diverging? Lessons from Contemporary Crises.

Terminology (2024)
Book Chapter
Ghio, E. (2024). Terminology. In E. Ghio, & R. Perlingeiro (Eds.), Are Legal Systems Converging or Diverging? Lessons from Contemporary Crises (15-25). Cham: Springer. https://doi.org/10.1007/978-3-031-38180-5_2

This chapter presents the background and framework of the book. It defines key terms, concepts and phenomena relating to the discussions in this volume, such as crisis, globalisation, integration, disintegration, harmonisation, convergence and legal... Read More about Terminology.

Introduction: Convergence and Divergence in Times of Crisis (2024)
Book Chapter
Ghio, E. (2024). Introduction: Convergence and Divergence in Times of Crisis. In E. Ghio, & R. Perlingeiro (Eds.), Are Legal Systems Converging or Diverging? Lessons from Contemporary Crises (1-11). Cham: Springer. https://doi.org/10.1007/978-3-031-38180-5_1

While legal harmonisation/convergence is considered to be one of the most influential theses in the discipline of law, the law of harmonisation is full of paradoxes. On the one hand, legal borrowing is commonplace, leading to a phenomenon of converge... Read More about Introduction: Convergence and Divergence in Times of Crisis.

Harmonisation and European Integration in Times of Crisis (2024)
Book Chapter
Ghio, E. (2024). Harmonisation and European Integration in Times of Crisis. In E. Ghio, & R. Perlingeiro (Eds.), Are Legal Systems Converging or Diverging? Lessons from Contemporary Crises (255-276). Cham: Springer. https://doi.org/10.1007/978-3-031-38180-5_14

Globalisation, generally, and European integration, more specifically, have led to calls for the minimisation of legal diversity which can result in transaction costs and the lack of level-playing field for cross-border actors. One of the prevailing... Read More about Harmonisation and European Integration in Times of Crisis.

Early Marriage: any need for action? (2023)
Journal Article
Clucas, R. (2023). Early Marriage: any need for action?. The Journal of the Law Society of Scotland, 68(11),

Better information is needed on whether marriage of those aged under 18 is a cause of harm, before any moves to ban the practice in Scotland

People with Learning Disability: Scotland and Beyond (2023)
Book Chapter
Stavert, J. (2023). People with Learning Disability: Scotland and Beyond. In B. D. Kelly, & M. Donnelly (Eds.), Routledge Handbook of Mental Health Law (166-178). Routledge. https://doi.org/10.4324/9781003226413

‘Learning disability’ is currently included in the statutory definition of ‘mental disorder’ used by Scottish capacity and mental health legislation, along with mental illness and personality disorder. This raises the general Convention on the Rights... Read More about People with Learning Disability: Scotland and Beyond.

Mental Capacity Regimes Approach to Values and Participation in Proceedings Involving Individuals With Impaired Decision-Making Capacity in Scotland (2023)
Book Chapter
Stavert, J. (2023). Mental Capacity Regimes Approach to Values and Participation in Proceedings Involving Individuals With Impaired Decision-Making Capacity in Scotland. In C. Kong, J. Coggon, P. Cooper, M. Dunn, & A. Ruck Keene (Eds.), Capacity, Participation and Values in Comparative Legal Perspective. Bristol: Bristol University Press

Chapter in 'Capacity, Participation and Values in Comparative Legal Perspective' edited by Camillia Kong, John Coggon, Penny Cooper, Michael Dunn and Alex Ruck Keene

Research Report for COVID-19 Public Inquiry (2022)
Report
McKay, C., McKay, E., Stavert, J., Murray, J., Johnston, L., & Macdonald, A. (2022). Research Report for COVID-19 Public Inquiry. Scottish Covid-19 Inquiry

This report was commissioned by the Scottish Covid-19 Inquiry as introductory scoping research.

Why are directors afraid of help? (2022)
Journal Article
Ghio, E., & Thomson, D. (in press). Why are directors afraid of help?. Chicago-Kent Law Review,

Corporate insolvency laws and procedures have changed significantly over the last decades in the UK, especially since the publication of the Cork Report in 1982. The report noted the limitations of existing procedures towards the rescue of companies... Read More about Why are directors afraid of help?.

Press Release. EU Funded Project "Fostering Queer Feminist Intersectional Resistances against Transnational Anti-Gender Politics (RESIST)" Launches (2022)
Other
Boulila, S., Browne, K., Chauvin, S., Filep, K., Blidon, M., Zarate, M., …Kulpa, R. (2022). Press Release. EU Funded Project "Fostering Queer Feminist Intersectional Resistances against Transnational Anti-Gender Politics (RESIST)" Launches. [Press release]. Dublin

Anti-gender politics pose a grave threat to modern democratic formations because they challenge people's everyday survival, bodily integrity, and self-determination. Anti-gender spans the political spectrum and manifests not only in illiberal and aut... Read More about Press Release. EU Funded Project "Fostering Queer Feminist Intersectional Resistances against Transnational Anti-Gender Politics (RESIST)" Launches.

Worldwide FRAND Licences in Global Patent Litigation (2022)
Journal Article
Torti, V. (2022). Worldwide FRAND Licences in Global Patent Litigation. European Intellectual Property Review, 44(10), 575-585

A new front has recently emerged in SEP global battles, concerning the legitimacy of judicially determining FRAND worldwide royalties despite the absence of consent of all parties involved. The Unwired Planet decision in the UK, as well as other disp... Read More about Worldwide FRAND Licences in Global Patent Litigation.

Scottish Mental Health Law Review: Final Report (2022)
Report
McKay, C., Stavert, J., Scott, J., Martin, K., Rankin, A., & Morgan, G. (2022). Scottish Mental Health Law Review: Final Report. Scottish Government

Report commissioned by Scottish Ministers to review Scottish mental health, capacity and adult protection law, to improve the rights and protections of persons with a mental disorder and remove barriers to those caring for their health and welfare.

Competition Law Damages Actions in Respect of Forex Rate Fixing Cartels: Where the Passing-on Defence Appears to Reach its Limits (2022)
Journal Article
Stirling, G. (2022). Competition Law Damages Actions in Respect of Forex Rate Fixing Cartels: Where the Passing-on Defence Appears to Reach its Limits. Global Competition Litigation Review, 15(3), 97-104

This article discusses the recent decision of the Court of Appeal of England and Wales in Allianz Global Investors GmbH v Barclays Bank Plc. Overturning a decision of the High Court, the Court of Appeal held that losses incurred by investment funds a... Read More about Competition Law Damages Actions in Respect of Forex Rate Fixing Cartels: Where the Passing-on Defence Appears to Reach its Limits.

Anti-Suit Injunctions and Geopolitics in Transnational SEPs Litigation (2022)
Journal Article
Colangelo, G., & Torti, V. (2023). Anti-Suit Injunctions and Geopolitics in Transnational SEPs Litigation. European Journal of Legal Studies, 14(2), 45-84. https://doi.org/10.2924/EJLS.2022.019

Anti-suit injunctions have recently emerged as a phenomenon significantly affecting the dynamics of standard essential patent (SEP) litigation. The role played by these patents in the Internet of Things scenario and the willingness of national courts... Read More about Anti-Suit Injunctions and Geopolitics in Transnational SEPs Litigation.

COVID-19 Related State Aid for the Airline Sector: EU Courts Not Hesitant to Remove the Commission’s Stamp of Approval (2022)
Journal Article
Stirling, G. (2022). COVID-19 Related State Aid for the Airline Sector: EU Courts Not Hesitant to Remove the Commission’s Stamp of Approval. Air and space law, 47(2), 145-166. https://doi.org/10.54648/aila2022010

This article considers the significant amounts of State aid provided to European airlines in relation to the Covid-19 pandemic, three recent challenges in the EU General Court to the Commission’s decision to approve specific State aid measures and th... Read More about COVID-19 Related State Aid for the Airline Sector: EU Courts Not Hesitant to Remove the Commission’s Stamp of Approval.