Skip to main content

Research Repository

Advanced Search

Outputs (195)

Harmonising insolvency law in the EU: New thoughts on old ideas in the wake of the COVID-19 pandemic (2021)
Journal Article
Ghio, E., Boon, G., Ehmke, D., Gant, J., Langkjaer, L., & Vaccari, E. (2021). Harmonising insolvency law in the EU: New thoughts on old ideas in the wake of the COVID-19 pandemic. International Insolvency Review, 30(3), 427-459. https://doi.org/10.1002/iir.1432

While the harmonisation of insolvency law in the European Union (EU) has been a top priority on the European institutions’ agenda in the last decade, it is well known that this endeavour has been slow and has often met resistance from the Member Stat... Read More about Harmonising insolvency law in the EU: New thoughts on old ideas in the wake of the COVID-19 pandemic.

New Challenges For Transnational Civil And Commercial Law In The Wake of the COVID-19 Pandemic: Rethinking the Role of Law and Legal Institutions (2021)
Journal Article
Ghio, E., & Perlingeiro, R. (2021). New Challenges For Transnational Civil And Commercial Law In The Wake of the COVID-19 Pandemic: Rethinking the Role of Law and Legal Institutions. Juris Poiesis, 24(35), 383-385

This issue of the Juris Poesis Journal features extended abstracts of papers which have been presented at the roundtable entitled ‘New Challenges for Transnational Civil and Commercial Law in the Wake of the COVID-19 Pandemic’, hosted by the Law and... Read More about New Challenges For Transnational Civil And Commercial Law In The Wake of the COVID-19 Pandemic: Rethinking the Role of Law and Legal Institutions.

Harmonisation in Times of Crisis (2021)
Presentation / Conference Contribution
Ghio, E. (2021). Harmonisation in Times of Crisis. Juris Poiesis, 24(35), 386-392

Legal Practice in Modern History (2021)
Presentation / Conference Contribution
Dodd, L. (2021, May). Legal Practice in Modern History. Paper presented at Legal History in Modern Practice, Robert Gordon University, Aberdeen

The Romans envisioned history as a moral didactic, the purpose of which was to present stories about deeds accomplished by historical figures and to challenge readers to emulate those deeds, often by contrasting, for rhetorical purposes, the supposed... Read More about Legal Practice in Modern History.

Offering Zero-Rated Content in the Shadow of Net Neutrality (2021)
Journal Article
Colangelo, G., & Torti, V. (2021). Offering Zero-Rated Content in the Shadow of Net Neutrality. Market and Competition Law Review, 5(1), 141-166. https://doi.org/10.34632/mclawreview.2021.10011

In the recent Telenor case, the EU Court of Justice has for the first time interpreted the relationship between net neutrality regulation and zero-rating offers, considering the former incompatible with the offer of packages in which data traffic gen... Read More about Offering Zero-Rated Content in the Shadow of Net Neutrality.

Out of the mouths of babes: listening to children of all ages in family court cases (2021)
Journal Article
Barnes Macfarlane, L. (2021). Out of the mouths of babes: listening to children of all ages in family court cases. The Journal of the Law Society of Scotland,

Critical overview of amendments made by the Children (S) Act 2020 to cases brought under Part 1 of the Children (S) Act 1995 (e.g. contact/residence disputes). These amendments are intended to better align Scottish Law with the contemporary understan... Read More about Out of the mouths of babes: listening to children of all ages in family court cases.

Supported Decision-Making and Paradigm Shifts: Word Play or Real Change? (2021)
Journal Article
Stavert, J. (2021). Supported Decision-Making and Paradigm Shifts: Word Play or Real Change?. Frontiers in Psychiatry, 11, Article 571005. https://doi.org/10.3389/fpsyt.2020.571005

Article 12(3) CRPD requires states parties to provide access by persons with disabilities to the support they may require in exercising their legal capacity. This is to ensure that the rights, will and preferences of persons with disabilities are enj... Read More about Supported Decision-Making and Paradigm Shifts: Word Play or Real Change?.

Transposing the preventive restructuring directive 2019 into French insolvency law: Rethinking the role of the judge and rebalancing creditors' rights (2020)
Journal Article
Ghio, E. (2021). Transposing the preventive restructuring directive 2019 into French insolvency law: Rethinking the role of the judge and rebalancing creditors' rights. International Insolvency Review, 30(1), 54-74. https://doi.org/10.1002/iir.1401

In June 2019, the European Union adopted the Directive on Preventive Restructuring Frameworks. The objective of the Directive is to introduce a level-playing field across all Member States in the area of pre-insolvency restructuring. Member States ha... Read More about Transposing the preventive restructuring directive 2019 into French insolvency law: Rethinking the role of the judge and rebalancing creditors' rights.

Theory and Practice of General Principles of International Legal Cooperation: A Thematical and Comparative Approach (2020)
Book
Perlingeiro, R., & Ghio, E. (Eds.). (2020). Theory and Practice of General Principles of International Legal Cooperation: A Thematical and Comparative Approach. Niterói, RJ: Nupej

This publication features extended abstracts of papers which were presented at the roundtable on International Legal Cooperation at the Law and Society Association conference in Denver, from 28 to 31 May 2020. The roundtable was organized by Professo... Read More about Theory and Practice of General Principles of International Legal Cooperation: A Thematical and Comparative Approach.

Too Much Drama Defining Film in UK Copyright Law (2020)
Journal Article
Sellors, C. P. (2020). Too Much Drama Defining Film in UK Copyright Law. Journal of Media Law, 12(2), Article 6. https://doi.org/10.1080/17577632.2020.1831141

In Norowzian v Arks Ltd. (No.2) the Court of Appeal determined that the Copyright, Designs and Patents Act 1988 protects films as dramatic works. What, conceptually and in practice, this means is not clear. This article examines and compares the hist... Read More about Too Much Drama Defining Film in UK Copyright Law.

Mental health advance statements: crossing the divide from clinical to law enforcement settings (2020)
Journal Article
Stavert, J. (2021). Mental health advance statements: crossing the divide from clinical to law enforcement settings. Journal of Psychiatric and Mental Health Nursing, 28(1), 102-106. https://doi.org/10.1111/jpm.12695

It is clear that police in many jurisdictions are increasingly being called out to situations involving persons with mental distress. In Scotland, for example, notifications of Place of Safety Orders to the Mental Welfare Commission for Scotland incr... Read More about Mental health advance statements: crossing the divide from clinical to law enforcement settings.

"We are 'free range' prison officers", the experiences of Scottish Prison Service (SPS) Throughcare Support Officers (TSOs) working in custody and the community (2020)
Journal Article
Maycock, M., McGuckin, K., & Morrison, K. (2020). "We are 'free range' prison officers", the experiences of Scottish Prison Service (SPS) Throughcare Support Officers (TSOs) working in custody and the community. Probation Journal, 67(4), 358-374. https://doi.org/10.1177/0264550520954898

Between 2015 and 2019, forty-one Throughcare Support Officers (TSOs) supported people serving short sentences leaving custody across eleven Scottish Prison Service (SPS) establishments. The role of prison officers in the provision of throughcare in t... Read More about "We are 'free range' prison officers", the experiences of Scottish Prison Service (SPS) Throughcare Support Officers (TSOs) working in custody and the community.

International Legal Cooperation and the Principle of Harmonisation: Lessons from Cross-Border Insolvency (2020)
Journal Article
Ghio, E. (2020). International Legal Cooperation and the Principle of Harmonisation: Lessons from Cross-Border Insolvency. Juris Poiesis, 23(32), 576-581. https://doi.org/10.5935/2448-0517.20200026

This project assesses how harmonisation can be promoted and achieved in the EU without a completely uniform legal system in place. The project focuses on international legal cooperation as a means to promote harmonisation throughout the EU. It uses t... Read More about International Legal Cooperation and the Principle of Harmonisation: Lessons from Cross-Border Insolvency.

Learning disability, autism and the Criminal Procedure (Scotland) Act (2020)
Journal Article
McKay, C., Connolly, M., Williams, F., Warwick, M., & Macleod, C. (2020). Learning disability, autism and the Criminal Procedure (Scotland) Act. Advances in mental health and intellectual disabilities, 14(5), Article 3. https://doi.org/10.1108/AMHID-09-2019-0028

This paper aims to investigate the use of Part VI of the Criminal Procedure (Scotland) Act 1995 (CPSA) for people with Learning Disability (LD) and/or Autism. This is in the context of a recent review commissioned by the Scottish Government into whet... Read More about Learning disability, autism and the Criminal Procedure (Scotland) Act.

Respecting the autonomy of the living and dying (2020)
Journal Article
Stavert, J. (2020). Respecting the autonomy of the living and dying. Journal of Integrated Care, 28(4), 379-385. https://doi.org/10.1108/JICA-06-2020-0038

Purpose
To inform those who are supporting persons who are dying and are responsible for planning, commissioning or delivering palliative care about the need to support and maximise the decision-making ability and choices of persons with advanced de... Read More about Respecting the autonomy of the living and dying.