Tag Archives: research nutshell

Bristol Law Review’s 2017 Edition Published

By Miss Christina Chambers, Law Student (MA, 2017) and Editor-in-Chief of the Bristol Law Review for the 2017 Edition (University of Bristol Law School).

The University of Bristol Law School is proud to announce the publication of this year’s edition of the Bristol Law Review, which is freely accessible at https://bristollawreview.co.uk/print/. The Law School Blog also warmly welcomes its Editor in Chief’s reflections on the importance of this project for our students and as an opportunity to further develop the Law School as a learning community.

It was my great privilege to be the Editor-in-Chief of the Bristol Law Review for the 2017 Edition. The Bristol Law Review represents a platform for exceptional students to showcase their writing and also provides a unique educational experience for its editors. As Dr Eirik Bjorge so rightly pointed out in the preface to this year’s Law Review, “[m]any of today’s law students strive first and foremost to be qualified for ‘jobs in the modern world’, and believe that the study of law in a university should be geared in the first instance towards learning just about enough successfully to answer four prepared questions in an examination.”

At times the pressure to consider a law degree as a means to an end is overwhelming. I am sure that there are a great number of students who would consider the process of spending hours reading, editing and critiquing the work of their peers to be some sort of punishment, but this is to ignore the great benefits that come with such an endeavor. Of course, there is the instant benefit of reading in great detail the best work that has been produced at all levels of study and incorporating the strongest elements of this into your own work. The feedback I received from the editorial board this year following their training session certainly attests to this! However, there is also the long term benefit of truly engaging with law as an academic pursuit, something that I believe is sometimes overlooked in the effort to simply make it through your degree. Continue reading

The dualist system of the English Constitution and the Victorian acquis

By Dr Eirik Bjorge, Senior Lecturer in Public International Law (University of Bristol Law School).*

The Supreme Court in Miller set out the model that ‘the dualist system is a necessary corollary of Parliamentary sovereignty’ (para 57), or in the words of Campbell McLachlan in his admirable Foreign Relations Law, cited by the Supreme Court:

If treaties have no effect within domestic law, Parliament’s legislative supremacy within its own polity is secure. If the executive must always seek the sanction of Parliament in the event that a proposed action on the international plane will require domestic implementation, parliamentary sovereignty is reinforced at the very point at which the legislative power is engaged (para 5.20).

As the Court said, this passage ‘neatly summarises’ the position: but, beyond the neatness of summarization, does it correctly capture the constitutional position? Continue reading

Advising in Austerity

By Prof Morag McDermont, Professor of Socio-Legal Studies, and Mr Ben Crawford, Knowledge Exchange Fellow (University of Bristol Law School).

Research led by Prof Morag McDermont of University of Bristol Law School has explored the ways in which advice organisations such as Citizens Advice (CA) have become key actors in legal arenas, particularly for citizens who face the most disadvantage in upholding their rights. Findings from a four year study in partnership with Strathclyde University, highlight the importance of free-to-access advice in enabling people to tackle problems and engage with the legal and regulatory frameworks that govern their lives.

The advice sector, however, is under threat, as a new book Advising in Austerity: Reflections on challenging times for advice agencies (edited by Samuel Kirwan and published by Policy Press ) demonstrates. The book, co-written by the research team and advisers in the field, highlights both the possibilities and the challenges for an advice sector that largely relies on volunteers to provide a vital interface between citizens and the everyday problems of debt, health, employment and much more.  Despite the skills and enthusiasm of the workforce, many services are caught between rising demand and large-scale funding cuts, as traditional sources of revenue from local authorities and legal aid are dramatically reduced. Across the network, reductions in core funding are forcing agencies to reduce or reconfigure services. In particular, the face-to-face, generalist advice model that provides a holistic assessment of client’s problems is under pressure as services are reduced in favour of telephone or online support.

Continue reading

Roundtable on Comparative Law and Interdisciplinarity: Practical Approaches

By Dr Jule Mulder, Lecturer in Law (University of Bristol Law School).

The University of Bristol Law School hosted a roundtable on Practical Approaches towards Comparative Law and Interdisciplinarity on 8 February 2017. It was organised by Dr Giorgia Guerra (University of Padua, Italy) and Dr Jule Mulder (University of Bristol, UK). The roundtable brought together a number of comparative law researchers and provided a small and informal forum to consider interdisciplinary approaches within the context of European comparative private law and constitutional law. It explored how research on modern technologies, social sciences and arts and humanities can enrich comparative law projects within the context of (European) private and constitutional law. The presentations were chaired by Dr Athanasios Psygkas and Prof Paula Giliker. Continue reading

The Rape Trial and the Limits of Liberal Reform. And Why Legal Scholars need to do Theory Better

By Dr Yvette Russell, Lecturer in Law (University of Bristol Law School).

Orestes Pursued by the Furies (1922-25) by John Singer Sargent

In recently published work I engage in a philosophical and psychoanalytic excavation of legal discourse on (and in) the rape trial.[1]  In this post I briefly summarise my key claims arguing, while I do, that legal scholars must diversify the theoretical tools they draw on in confronting issues of social justice.

Much feminist scholarship on rape asserts that the law has reached a best practice plateau and justice for victims is now being held back primarily by the aberrant ‘attitudes’ of criminal justice actors charged with implementing the law. Those attitudes, it is argued, militate against the best intentions of law makers charged with stemming burgeoning attrition rates. Attrition refers to the phenomena – not anomalous in the criminal justice system, but particularly marked in cases of sex crime – whereby alleged instances of sexual violence drop out of the criminal justice system.  This occurs at multiple points, the most notable of which is the first point where a victim makes the decision to report to police.  Continue reading

Rape Investigations and police accountability: the case of the Black Cab Rapist

By Prof Joanne Conaghan, Professor of Law (University of Bristol Law School).

The case of the Black Cab rapist, John Worboys, may well qualify as one of the most egregious failures of modern policing of our times. Alleged to have assaulted over 100 women using his taxi as a lure and a crime site, Worboys terrorised women in the London Metropolitan area for the best part of a decade before eventually being apprehended and imprisoned in 2009 for 19 separate sexual assaults.  This week the Worboys case is once again in the public eye as a claim by two of his victims, DSD and NBV, that the Metropolitan Police violated their human rights by failing adequately to investigate their claims comes before the Supreme Court.

One has to wonder how such serious criminal activity in a public setting could go unchecked for so long. The simple answer is that the Metropolitan Police failed Worboys’ victims utterly and unequivocally, their investigation marred by multiple systemic and operational failings, as elaborated in painstaking detail by Mr Justice Green in a High Court judgment in 2014.  Continue reading

EU Non-Discrimination Law in the Courts. Approaches to Sex and Sexualities Discrimination in EU Law

By Dr Jule Mulder, Lecturer in Law (University of Bristol Law School).

img_6534In January 2017, my first monograph entitled EU Non-Discrimination Law in the Courts will be published with Hart Publishing/Bloomsbury. The monograph compares the Dutch and German application of EU non-discrimination law focusing on discrimination on grounds of sex and sexual orientation. It includes an analysis of the case law on direct as well as indirect discrimination and covers the cases which are linked to Article 157 TFEU, the Framework and Recast Directives (excluding equal pay for equal value and social security law).

Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to introduce a comprehensive equality framework into their national law to correspond with the European standard.

The book provides a multi-layered culturally informed comparison of juridical approaches to EU (in)direct sex and sexualities discrimination and its implementation and application in Germany and the Netherlands. It examines how and why national courts apply national non-discrimination law with a European origin differently, although the legislation derives from the same set of EU law and the national courts have to respect the interpretive competence of the Court of Justice of the European Union. As such, it provides an in-depth analysis of the national legal and non-legal context which influences and shapes the implementation and application of non-discrimination law and reveals how some of these factors affect the interpretation and application of national non-discrimination law with a European origin. Continue reading

A law and political science analysis of the reform of EU public procurement rules

By Dr Albert Sanchez-Graells, Senior Lecturer in Law (University of Bristol Law School).

olykke-reformationMy most recent edited collection has now been published:
GS Ølykke & A Sanchez-Graells (eds), Reformation or Deformation of the EU Public Procurement Rules (Edward Elgar, 2016). It features contributions from a gender-balanced group of 16 young political science and EU economic law scholars based in 9 different EU/EEA Member States, including a number based at top UK universities. It is the result of a two year research project generously funded by the Copenhagen Business School and the Danish Gangstedfonden.

Using an innovative  interdisciplinary ‘law and political science’ methodology, the book carries out a critical assessment of the reform of the EU public procurement rules in the period 2011-2014. It does this by a detailed assessment of the initial Commission proposal for new rules, the travaux preparatoires behind it, as well as the several inter-institutional negotiation and compromise texts that resulted in the 5th generation of EU public procurement directives in 2014. Continue reading

Researching fee-charging McKenzie Friends in private family law cases

By Dr Emma Hitchings, Senior Lecturer in Law (University of Bristol Law School).

suffolk-county-family-lawyerIn the wake of legal aid cuts, individuals in the midst of a family law dispute who cannot pay for legal representation are faced with a stark choice: settling the dispute outside of court or representing themselves as a litigant in person. However, a new market has emerged to plug this post legal aid funding gap: the fee-charging McKenzie Friend. A non-lawyer assistant who charges a fee for services provided to litigants in person.

Fee-charging McKenzie Friends are a current hot topic in the legal press. Only this week a fee-charging McKenzie Friend was jailed for perverting the course of justice in a private family law case and earlier this year the Judiciary conducted a consultation into the courts’ approach to McKenzie Friends. Continue reading

Maximising the Legitimacy of the EU’s Regulation of Geoengineering Research

By Dr Janine Sargoni, Lecturer in Law (University of Bristol Law School).*

© NASA

© NASA

In what has been described as ‘nature’s own great climate experiment’, the 1992 eruption of Mount Pinatubo in the Philippines provided scientists with data to refine their climate models.   After the eruption, average global temperatures dropped temporarily as particles released into the stratosphere increased the Earth’s albedo.   Solar Radiation Management (SRM) – or ‘reflecting sunlight to cool earth’ – developed notionally thereafter as a means of reducing global average temperatures resulting from increased greenhouse gases.

Pinatubo provided all kinds of data which helped increase the accuracy of climate models eventually predicting with relative certainty the temperature-cooling climatic impacts of SRM, whilst leaving relatively uncertain – or unknown – the extent of environmental impacts, such as those arising from changing patterns of rainfall.  The current limitations of models in telling us about localised environmental uncertainties could be reduced if research into the effects of SRM took place outdoors, or in the field, so to speak.  But that research would actually constitute deployment which itself would generate uncertain environmental effects.   Given these significant constraints it is not possible to establish to what extent SRM technologies are effective or reliable and therefore it is imperative that a legitimate regulatory process is secured in which decisions about its research and deployment can be taken.

This new article* sets out how risky SRM field research might be regulated in the EU in such a way as to maximise legitimacy.  It suggests that under particular conditions the EU could delegate to an independent agency powers to undertake what I call an incorporated risk assessment; an assessment in which science and politics, expertise and lay-knowledges are combined.  Legitimacy would be maximised because the EU’s regulatory framework relating to the risks of SRM field research would be legal and also responsive, flexible, deliberative and inclusive. Continue reading