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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.

The Role of Private International Law in the Protection of Vulnerable Parties (2022)
Book Chapter
Gillies, L. (in press). The Role of Private International Law in the Protection of Vulnerable Parties. 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. Oxford: Hart 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 The Role of Private International Law in the Protection of Vulnerable Parties.

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.

The Potential of Friendship: A Case for Social Resilience and New Care Optics (2021)
Journal Article
Kulpa, R., & Ludwin, K. (2021). The Potential of Friendship: A Case for Social Resilience and New Care Optics. interalia: a journal of queer studies, 16, 82-94. https://doi.org/10.51897/interalia/rgrq6813

In this article, we call for greater recognition of friendship as a basic social relation that should play a pivotal role in re-imagining social resilience if it is to be future-proof in the face of social upheaval, such as the current pandemic. Draw... Read More about The Potential of Friendship: A Case for Social Resilience and New Care Optics.

Queer Politics of post-Enlightenment: Beyond the Horizon of the Present (2021)
Journal Article
Kulpa, R. (2021). Queer Politics of post-Enlightenment: Beyond the Horizon of the Present. Hungarian Studies Review, 48(2), 199-208. https://doi.org/10.5325/hungarianstud.48.2.0199

This essay reflects on queer politics in Central and Eastern European (CEE) through the examples of Poland and Hungary using the Derridean concept of “supplement” to expose the inherently unstable and somewhat queer nature of populist nationalisms. I... Read More about Queer Politics of post-Enlightenment: Beyond the Horizon of the Present.

Book Review: 'A History of Scottish Child Protection Law' (2021)
Journal Article
Barnes Macfarlane, L. (2021). Book Review: 'A History of Scottish Child Protection Law'. Juridical Review, 2021(1), 59-61

Review of 'A History of Scottish Child Protection Law', by K McK Norrie (published 23-7-2020).

The Scottish Witch Hunts: the Religious and Legal Contexts (2021)
Presentation / Conference
Dodd, L. (2021, October). The Scottish Witch Hunts: the Religious and Legal Contexts. Paper presented at Witches' Stories: Folk healers and midwives accused and persecuted for helping others (1563-1736), Edinburgh [Online]

An examination of the religious and legal contexts for the witch hunts of 16th and 17th century Scotland.

The Scots Law of Intestacy: Whence? Where? Whither? (2021)
Presentation / Conference
Dodd, L. (2021, September). The Scots Law of Intestacy: Whence? Where? Whither?. Paper presented at Edinburgh Napier Research Seminar Series, Edinburgh

An overview of the origins of current Scots intestacy law, the major problems posed by the current intestacy regime, and proposals for the possible reform.

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.