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Outputs (195)

Scottish mental health and capacity law: The normal, pandemic and ‘new normal’ (2020)
Journal Article
Stavert, J., & McKay, C. (2020). Scottish mental health and capacity law: The normal, pandemic and ‘new normal’. International Journal of Law and Psychiatry, 71, https://doi.org/10.1016/j.ijlp.2020.101593

A state’s real commitment to its international human rights obligations is never more challenged than when it faces emergency situations. Addressing actual and potential resourcing pressures arising from the COVID-19 pandemic has resulted in, amongst... Read More about Scottish mental health and capacity law: The normal, pandemic and ‘new normal’.

Appropriate adjustments post Brexit: residual jurisdiction and forum non conveniens in UK courts (2020)
Journal Article
Gillies, L. (2020). Appropriate adjustments post Brexit: residual jurisdiction and forum non conveniens in UK courts. Journal of Business Law, 20(3), 161-183

International jurisdiction is fundamental to the effective resolution of cross border disputes. Brexit invites focus on the scope and function of the UK’s future approach to residual jurisdiction. These rules reflect national values whilst managing t... Read More about Appropriate adjustments post Brexit: residual jurisdiction and forum non conveniens in UK courts.

The Paradox Of Scottish Life Imprisonment (2020)
Journal Article
Van Zyl Smit, D., & Morrison, K. (2020). The Paradox Of Scottish Life Imprisonment. European Journal of Crime, Criminal Law and Criminal Justice, 28(1), 76-102. https://doi.org/10.1163/15718174-02801004

More people are serving life sentences in Scotland as a proportion of the national population than in any other country in Europe. Yet Scotland claims to adopt a welfarist rather than a penal approach to criminal justice. This paper uses a wide rang... Read More about The Paradox Of Scottish Life Imprisonment.

Scottish Government Consultation Response: Incorporating the UN Convention on the Rights of the Child into Scots Law (2019)
Other
Barnes Macfarlane, L. (2019). Scottish Government Consultation Response: Incorporating the UN Convention on the Rights of the Child into Scots Law

Response to the Scottish Government Consultation: Incorporating the UN Convention on the Rights of the Child into Scots Law.

Response 308224602 by Dr Lesley-Anne Barnes Macfarlane, Edinburgh Napier University (Child and Family Law and Policy Team)... Read More about Scottish Government Consultation Response: Incorporating the UN Convention on the Rights of the Child into Scots Law.

No Oral Modification Clauses: Solid as a Rock (2019)
Journal Article
Dodd, L. (2019). No Oral Modification Clauses: Solid as a Rock. Juridical Review, 2019(4), 342-349

This is an analysis of the 2018 UK Supreme Court case Rock Advertising Ltd v MWB Business Exchange Centres Ltd, which concerned the legal validity of No Oral Modification clauses.

The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does "Follow-on" (2019)
Journal Article
Stirling, G. (2019). The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does "Follow-on". Global Competition Litigation Review, 12(4), 168-178

This article considers issues around the evidential value of final infringement decisions of national regulators and review courts for the purposes of follow-on damages actions, particularly in the context of Article 9(1) of the EU’s Antitrust Damage... Read More about The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does "Follow-on".

Balancing the rights of parents and children: The Children (Scotland) Bill 2019 (2019)
Report
Barnes Macfarlane, L.-A. (2019). Balancing the rights of parents and children: The Children (Scotland) Bill 2019. https://www.parliament.scot/parliamentarybusiness/CurrentCommittees/112969.aspx: Scottish Parliament Justice Committee

The Scottish Government is in the process of updating the Family Justice system. This includes the legislation regulating how family court law cases (i.e. disputes about children between family members)progress through the courts.

In family law c... Read More about Balancing the rights of parents and children: The Children (Scotland) Bill 2019.

Norme Tecniche, Concorrenza ed Innovazione Finanziaria (2019)
Book Chapter
Torti, V. (2019). Norme Tecniche, Concorrenza ed Innovazione Finanziaria. In G. Finocchiaro, & V. Falce (Eds.), Fintech: Diritti, Concorrenza, Regole. Le Operazioni di Finanziamento Tecnologico (99-116). Bologna: Zanichelli

Twenty Years of the Scottish Parliament in Child and Family Law (2019)
Presentation / Conference Contribution
Barnes Macfarlane, L. (2019, October). Twenty Years of the Scottish Parliament in Child and Family Law. Presented at Twenty Years of the Scottish Parliament in Child and Family Law, Edinburgh

Three funded workshops celebrating the work of the Scottish Parliament in the field of Child and Family Law. I co-organised and co-chaired each of the three day-long workshops.

Dementia in the workplace: are employers supporting employees living with dementia? (2019)
Journal Article
Egdell, V., Cook, M., Stavert, J., Ritchie, L., Tolson, D., & Danson, M. (2021). Dementia in the workplace: are employers supporting employees living with dementia?. Aging & mental health, 25(1), 134-141. https://doi.org/10.1080/13607863.2019.1667299

Objectives
As working lives extend and there is better recognition of early-onset dementias, employers need to consider dementia as a workplace concern. With suitable support, people living with dementia can continue employment – although this is no... Read More about Dementia in the workplace: are employers supporting employees living with dementia?.

The European Union preventive restructuring framework: A hole in one? (2019)
Journal Article
Ehmke, D., Gant, J. L., Boon, G., Langkjaer, L., & Ghio, E. (2019). The European Union preventive restructuring framework: A hole in one?. International Insolvency Review, 28(2), 184-209. https://doi.org/10.1002/iir.1344

While traditionally (Continental) Europe has not been known for being particularly debtor- or restructuring-friendly, important reforms were implemented in recent decades that have fostered restructurings in Europe. In this article, we comparatively... Read More about The European Union preventive restructuring framework: A hole in one?.

Thomas Craig on the origin and development of feudal law (2019)
Journal Article
Dodd, L. (2019). Thomas Craig on the origin and development of feudal law. Legal History Review / Revue d'Histoire du Droit / Tijdschrift voor Rechtsgeschiedenis, 87(1-2), 86-127. https://doi.org/10.1163/15718190-08712P04

When Thomas Craig (c.1538-1608) wrote his great treatise on Scottish feudal practice, the Jus feudale, he devoted a considerable part of the first book to legal origins. This article deals with Craig’s treatment narrative on the origins of feudal law... Read More about Thomas Craig on the origin and development of feudal law.

National Report for France (2019)
Book Chapter
Ghio, E. (2019). National Report for France. In J. Chuah, & E. Vaccari (Eds.), Executory Contracts in Insolvency Law: A Global Guide (226-247). Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781788115520.00018

In France, companies encountering financial difficulties are offered two paths to deal with their distress: liquidation or restructuring. The French insolvency test is a pure cash flow test, i.e., a company is declared insolvent (‘en état de cessatio... Read More about National Report for France.

Mental Health Act review in Scotland: some initial observations (2019)
Report
Stavert, J. (2019). Mental Health Act review in Scotland: some initial observations. Essex Chambers

Provides some initial observations on and recommendations for the scope of the forthcoming review of the Mental Health (Care and Treatment)(Scotland) Act 2003, with particular emphasis on what this will require in ECHR and CRPD terms.

Are mental health tribunals operating in accordance with international human rights standards? A systematic review of the international literature (2019)
Journal Article
Macgregor, A., Brown, M., & Stavert, J. (2019). Are mental health tribunals operating in accordance with international human rights standards? A systematic review of the international literature. Health and Social Care in the Community, 27(4), e494-e513. https://doi.org/10.1111/hsc.12749

Mental health tribunals are responsible for making decisions about compulsory treatment for individuals considered a risk to themselves and others due to mental disorder. They are generally designed to provide safeguards for individuals subject to co... Read More about Are mental health tribunals operating in accordance with international human rights standards? A systematic review of the international literature.

Copyright, Online News Publishing and Aggregators: a Law and Economics Analysis of the EU Reform (2019)
Journal Article
Torti, V. (2019). Copyright, Online News Publishing and Aggregators: a Law and Economics Analysis of the EU Reform. International Journal of Law and Information Technology, 27(1), 75-90. https://doi.org/10.1093/ijlit/eay019

On 12 September 2018, the European Parliament approved the new version of the proposal for a Directive on Copyright in the Digital Single Market elaborated by the European Commission in 2016. In order to address problems in protecting content and imp... Read More about Copyright, Online News Publishing and Aggregators: a Law and Economics Analysis of the EU Reform.

Scottish Government Consultation Response: Review of Part I of the Children (Scotland) Act 1995 and Creation of a Family Justice Modernisation Strategy (2018)
Other
Barnes Macfarlane, L. (2018). Scottish Government Consultation Response: Review of Part I of the Children (Scotland) Act 1995 and Creation of a Family Justice Modernisation Strategy

Response to the Scottish Government Consultation: Review of Part I of the Children (Scotland) Act 1995 and Creation of a Family Justice Modernisation Strategy.

Response 687675062 by Dr Lesley-Anne Barnes Macfarlane, Edinburgh Napier University (Ch... Read More about Scottish Government Consultation Response: Review of Part I of the Children (Scotland) Act 1995 and Creation of a Family Justice Modernisation Strategy.