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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?.

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.

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.

Use and Implementation of OCR Chapter 33AA in Section 11 Order Proceedings. (2017)
Report
Whitecross, R., & Lindsay, C. (2017). Use and Implementation of OCR Chapter 33AA in Section 11 Order Proceedings. Edinburgh: Scottish Courts and Tribunal Service

This report presents the findings of a small-scale study designed and undertaken by the researchers between October 2016 and February 2017. The research was commissioned by the Scottish Civil Justice Council. This chapter outlines the background to... Read More about Use and Implementation of OCR Chapter 33AA in Section 11 Order Proceedings..

Article 3 and Adoption in and from India and Nepal (2016)
Book Chapter
Whitecross, R. (2016). Article 3 and Adoption in and from India and Nepal. In E. E. Sutherland, & L.-A. Barnes MacFarlane (Eds.), Implementing Article 3 of the United Nations Convention on the Rights of the Child (213-230). Cambridge University Press

Nepal has experienced an increase in intercountry adoption in recent years. Following the opening up of authorisation to arrange adoptions, the number of child centres offering children for adoption significantly increased after 2000. The emergence i... Read More about Article 3 and Adoption in and from India and Nepal.

Innovation, entrepreneurship: learning lessons in uncertainty. (2016)
Book Chapter
Whitecross, R. (2016). Innovation, entrepreneurship: learning lessons in uncertainty. In Innovations in Learning and Technology

What does it mean to teach innovation and entrepreneurship in professional degrees? The professions such as accountancy and law traditionally provide specialised knowledge and advice. As technology makes the professional’s knowledge more accessible,... Read More about Innovation, entrepreneurship: learning lessons in uncertainty..

Thomas Craig’s Aetiology of Law and Society: Literary Dependence and Independence in theJus Feudale (2016)
Journal Article
Dodd, L. (2016). Thomas Craig’s Aetiology of Law and Society: Literary Dependence and Independence in theJus Feudale. Journal of Legal History, 37(2), 121-179. https://doi.org/10.1080/01440365.2016.1191587

While Craig's relationship to, and emergence from, the French legal humanist tradition has always been widely recognized, this paper constitutes a deeper analysis of the specific threads connecting Craig to the humanist literature of the sixteenth ce... Read More about Thomas Craig’s Aetiology of Law and Society: Literary Dependence and Independence in theJus Feudale.

The exercise of legal capacity, supported decision- making and Scotland’s mental health and incapacity legislation: working with CRPD challenges. (2015)
Journal Article
Stavert, J. (2015). The exercise of legal capacity, supported decision- making and Scotland’s mental health and incapacity legislation: working with CRPD challenges. Laws, 4(2), 296-313. https://doi.org/10.3390/laws4020296

Article 12 of the UN Convention on the Rights of Persons with Disabilities, particularly as interpreted in the Committee on the Rights of Persons with Disabilities General Comment No. 1, presents a significant challenge to all jurisdictions that equa... Read More about The exercise of legal capacity, supported decision- making and Scotland’s mental health and incapacity legislation: working with CRPD challenges..

Dignity in revolution. (2014)
Book Chapter
Moran, C. F. (2014). Dignity in revolution. In J. Carby-Hall (Ed.), Essays on human rights: a celebration of the life of Dr. Janusz Kochanowski. Ius et Lex Foundation

‘Freedom makes a huge requirement of every human being,’ but the central responsibility in international human rights law is placed on the shoulders of the State to guarantee that freedom. Human rights law functions as a critical restraint on the po... Read More about Dignity in revolution..

Emerging voices: the contribution of international criminal tribunals and courts to the development and promotion of international human rights law (2014)
Digital Artefact
Moran, C. F. (2014). Emerging voices: the contribution of international criminal tribunals and courts to the development and promotion of international human rights law. [http://opiniojuris.org/2014/08/04/emerging-voices-contribution-international-criminal-tribunals-courts-development-promotion-international-human-rights-law/]. http://opiniojuris.org/2014/08/04/emerging-voices-contribution-international-criminal-tribunals-courts-development-promotion-international-human-rights-law/

No abstract available.

F v F: MMR vaccine - welfare need or welfare norm? (2014)
Journal Article
Macfarlane, L.-A. B. (2014). F v F: MMR vaccine - welfare need or welfare norm?. Edinburgh Law Review, 18(2), 284-289. https://doi.org/10.3366/elr.2014.0214

Notwithstanding extensive media coverage and commentary, the recent judgment of
the High Court Family Division in F v F1 is not one that tells us very much about
children’s rights or, indeed, their welfare. Instead, the case reveals the complexitie... Read More about F v F: MMR vaccine - welfare need or welfare norm?.