Tag Archives: research nutshell

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

The EU public procurement remedies directive needs some revision, and the Commission should not shy away from it

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

my-performance-reviewEU public procurement law relies on the specific enforcement mechanisms of the Remedies Directive, which sets out EU requirements of administrative oversight and judicial protection for public contracts. Recent developments in the case law of the CJEU and the substantive reform resulting from the 2014 Public Procurement Package may have created gaps in the Remedies Directive, which led the European Commission to publicly consult on its revision in 2015. One year after, the outcome of the consultation has not been published, but such revision now seems to have been shelved. In a chapter* I am contributing to an edited collection, I take issue with the shelving of the revision process and critically assesses whether the Remedies Directive is still fit for purpose. Continue reading

Brexit and Notions of British Citizenship

By Dr Devyani Prabhat, Lecturer in Law (University of Bristol Law School).

DevIn a recent article, published in the inter-disciplinary journal Law, Culture, and Humanities, I have argued that a surge in number of cases of cancellation of British citizenship indicates a return to a loyalty-protection model of citizenship which was popular earlier during the two World Wars. Here, I will go further, and say that Brexit and the debates of exclusion of EEA nationals from the UK, are also influenced by the very same loyalty-protection view. The loyalty-protection view had become unfashionable in the aftermath of the Second World War but is now back in vogue. Continue reading

Embracing the Uncomfortable Complexity of Police Legitimacy: The Only Way Ahead for Democratic Accountability?

By Ms Clare Torrible, Teaching Associate (University of Bristol Law School).

© Guardian

© Guardian

It can sometimes be easy to lose sight of the wood for the trees. The Policing and Crime Bill suggests a number of changes to the police complaints system and, having received its third reading in Parliament on June 13th looks set to make the statute books in due course.

However, as I have recently argued,* academic debate on police complaints can be conflicted and circular. Further, the reasoning in public debate is peppered with assertions (which seem to be presumed rather than tested) that reforms will deliver improvements in what, to my mind, is a worryingly ill-defined ‘public confidence’.

Policing is a necessarily conflicted social function. So by what measure can we assess the multiple reforms to police complaints and discipline that are about to be ushered in? In a recent article ‘Reconceptualising the Police Complaints Process as a Site of Contested Legitimacy Claims‘ I take a step back from the current academic and public debates and outline a new framework by which the true impact of these reforms might be assessed. Continue reading

For Africa, the International Community is a Myth

By Dr Foluke Ifejola Ipinyomi, Teaching Associate (University of Bristol Law School).

© Ann Moore

© Ann Moore

This post is based on an article* in which I argue that ignoring African particularity reduces the effectiveness of the international community and almost certainly ensures that international law is never obeyed… except in cases of self-interest.

What is the International Community?

At the sight of any potential cross-border malaise – disease, conflict, terrorism – calls are made to the international community to act. Why do the calls to the international community not go through? Is there a faulty connection? Or have we run out of airtime? The answer is quite simple. We are mostly dialling a wrong number. Depending on who is making the call, calls to ‘the international community’ could be obliquely referring to all states, all humanity, the UN, the US and Europe or states with liberal democracies. This identity crisis almost always results in a lot of buck-passing. As the poem goes ‘Everybody thought that Anybody could do it, but Nobody realized that Everybody wouldn’t do it. It ended up that Everybody blamed Somebody when Nobody did what Anybody could have done.’

Continue reading