Skip to main content

Research Repository

Advanced Search

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.

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.

The Problem of the Authority of the International Criminal Court (2018)
Journal Article
Moran, C. F. (2018). The Problem of the Authority of the International Criminal Court. International Criminal Law Review, 18(5), 883-901. https://doi.org/10.1163/15718123-01805001

This research examines the problem of the authority of the International Criminal Court (ICC), focusing on its claim to jurisdiction as its primary exercise of authority. The research questions the basis of the Court's authority, beginning with an an... Read More about The Problem of the Authority of the International Criminal Court.

Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights? (2018)
Journal Article
Macfarlane, L.-A. (2018). Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights?. Juridical Review, 75-97

Article 3 of the United Nations Convention on the Rights of the Child provides that the child’s ‘best interests… shall be a primary consideration’ in all actions concerning the child. The United Nations Committee on the Rights of the Child has indic... Read More about Rethinking Childhood Contributory Negligence: 'Blame', 'Fault' - but what about Children's Rights?.

An Investigation into Service Quality in the Supreme Court Civil Registry in Jamaica (2018)
Thesis
McKoy, G. A. An Investigation into Service Quality in the Supreme Court Civil Registry in Jamaica. (Thesis). Edinburgh Napier University. http://researchrepository.napier.ac.uk/Output/1253090

Notwithstanding the strategic importance of service quality to public sector reforms, the Government of Jamaica has given it no consideration in its justice reform project. Neither had anyone previously applied the service quality methodology to serv... Read More about An Investigation into Service Quality in the Supreme Court Civil Registry in Jamaica.

A perspective on the Rome Statute's defence of duress: The role of imminence (2018)
Journal Article
Moran, C. F. (2018). A perspective on the Rome Statute's defence of duress: The role of imminence. International Criminal Law Review, 18(1), 154-177. https://doi.org/10.1163/15718123-01801001

The concept of duress encapsulated in Article 31(1)(d) of the Rome Statute of the International Criminal Court is a novel inclusion in a statute created to allow prosecution of serious crimes against the person in international criminal law. Despite... Read More about A perspective on the Rome Statute's defence of duress: The role of imminence.

Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development (2018)
Journal Article
Barnes Macfarlane, L.-A. (2018). Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development. Edinburgh Law Review, 22(1), 101-107. https://doi.org/10.3366/elr.2018.0458

"A letter", Nietzsche once wrote, "is an unannounced visit, the postman the agent of rude surprises". Given the extremely personal nature of many family law judgments, it is rare and rather surprising when parties, their children or, indeed, the judi... Read More about Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development.

Mental Health Law in a Global Context (2017)
Book Chapter
Stavert, J. (2017). Mental Health Law in a Global Context. In The Palgrave Handbook of Sociocultural Perspectives on Global Mental Health (329-349). Palgrave Macmillan

No abstract available.

Human rights law. (2017)
Book Chapter
Moran, C. F. (2017). Human rights law. In N. Busby, & R. Zahn (Eds.), Studying EU law during and after Brexit (81-84). Scottish Universities Legal Network on Europe

The European Union’s original focus was on economic integration among the six founding Member States. The task of securing human rights at a supranational level had been entrusted to the Council of Europe, which oversees and operates the European Con... Read More about Human rights law..

Performance bonds under English law: A journey from a strictly ‘narrow’ fraud exception to an overly broad ‘breach of good faith’ exception (2017)
Presentation / Conference Contribution
Chhina, R. K. (2017, August). Performance bonds under English law: A journey from a strictly ‘narrow’ fraud exception to an overly broad ‘breach of good faith’ exception. Paper presented at 4th Annual International Conference on Law and policy

This paper critically examines the approach in English law to the application of the fraud exception to the principle of the autonomy of performance bonds. It establishes that the failure of the English courts to clearly differentiate between commerc... Read More about Performance bonds under English law: A journey from a strictly ‘narrow’ fraud exception to an overly broad ‘breach of good faith’ exception.

Scotland's Mental Health and Capacity Law: A Case for Reform (2017)
Report
Stavert, J., & McKay, C. (2017). Scotland's Mental Health and Capacity Law: A Case for Reform. Edinburgh: Mental Welfare Commission for Scotland

Report of joint Mental Welfare Commission for Scotland and Centre for Mental Health and Capacity Law law reform scoping exercise.