Modern Law Review

Article	Citations
The Challenges of Implementing Anti‐Money Laundering Regulation: An Empirical Analysis	15
Directly Discriminatory Algorithms	13
The Emperor's New Code? Time to Re‐Evaluate the Nature of Stewardship Engagement Under the UK's Stewardship Code	7
“This case is about you and your future”: Towards Judgments for Children	7
A Case Against Crippling Compensation in International Law of State Responsibility	7
Guilty Plea Decisions: Moving Beyond the Autonomy Myth	6
Cloud Crypto Land	6
‘Too Much, too Indigestible, too Fast’? The Decades of Struggle for Abortion Law Reform in Northern Ireland	6
Contested Subjects of Human Rights: Trans‐ and Gender‐variant Subjects of International Human Rights Law	5
Varieties of Constitutionalism in the European Union	5
The Right to ‘Inclusive’ Education	4
Guilt Beyond Guilt: From Political Theory to Metaphysics with Herbert Morris	4
Sorting Out Mixtures of Property at Common Law	4
Fairness and the Challenge of Making Markets Work Better	4
The EU‐UK Trade and Cooperation Agreement – Exceptional Circumstances or a new Paradigm for EU External Relations?	4
The Politics of Rule of Law Reform: From Delegation to Autonomy	3
Private Law and Housing Justice in Europe	3
The Presumption of Innocence: A Deflationary Account	3
Beyond Doubt: The Case Against ‘Not Proven’	3
Safeguarding Access to Justice in the Age of the Online Court	3
Between Microeconomics and Geopolitics: On the Reasonable Application of Competition Law	3
Confessions in the Criminal Process	3
Commodity or Propriety? Unauthorised Transfer of Intangible Entitlements in the EU Emissions Trading System	3
Will Listing Rule Reform Deliver Strong Public Markets for the UK?	3
False Beliefs and Consent to Sex	3

The Law of Central Bank Reserve Creation	3
Combatting Corruption and Collusion in UK Public Procurement: Proposals for Post‐Brexit Reform	2
Islands and the Ocean: Three Models of the Relationship between EU Market Regulation and National Private Law	2
What Makes an Administrative Decision Unreasonable?	2
Mistakes in Algorithmic Trading of Cryptocurrencies	2
Coercive Human Rights and the Forgotten History of the Council of Europe's Report on Decriminalisation	2
Re‐Evaluating ‘Best Interests’ in the Wake of Raqeeb v Barts NHS Foundation Trust & Anors	2
Punitive Damages and the Place of Punishment in Private Law	2
Fingerprint Comparison and Adversarialism: The Scientific and Historical Evidence	2
British Torture, Then and Now: The Role of the Judges	2
UK Withdrawal from the EU: Supremacy, Indirect Effect and Retained EU Law	2
Consent to Treatment for Transgender Youth: The Next Chapter – Bell & Anor v The Tavistock and Portman NHS Foundation Trust & Ors	2
The Governance of Economic Unionism after the United Kingdom Internal Market Act	2
The CJEU in Commission v Hungary Higher Education Defends Academic Freedom Through WTO Provisions	2
Governing Intersystemic Systemic Risks: Lessons from Covid and Climate Change	2
The Unsuccessful Bid of the British Advocate‐General to Remain on the Bench Despite Brexit	2
Strip‐Searching for Nationality Documents	2
A Struggle for Competence: National Security, Surveillance and the Scope of EU Law at the Court of Justice of European Union	2
Unwanted Distribution of Children's Images and the Right to Development	2
Distinguishing Between Direct and Indirect Discrimination	2
Are Litigants, Trials and Precedents Vanishing After All?	2
The Aarhus Convention 1998 and the Environment Act 2021: Eroding Public Participation	2
A Legal Framework for Using Smart Contracts in Consumer Contracts: Machines as Servants, Not Masters	2
Sevilleja v Marex Financial Ltd: Reflective Loss and the Autonomy of Company Law	1
Why Fair Procedures Always Make a Difference	1
Is the Senior Managers and Certification Regime Changing Banking for Good?	1
(Un)reasonable excuses – On R v Dunleavy, R v Copeland, and Section 58	1
The Electrical Contractors Case: Irish Supreme Court Illuminates Collective Bargaining and Delegated Legislation	1
Cautious scrutiny: The Federal Climate Change Act case in the German Constitutional Court	1
Executive Accountability and National Security	1
Criminal Law at the Limit: Countering False Claims in Elections and Referendums	1
Investors’ Rights in (Crypto) Custodial Holdings: Ruscoe v Cryptopia Ltd (in Liquidation)	1
GabrielleWatson, Respect and Criminal Justice, Oxford: Oxford University Press, 2020, 256 pp, hb, £80.00	1
The Delegation Theory of Judicial Review	1
Automatic Facial Recognition and the Intensification of Police Surveillance	1
Selective Corporate Restructuring Strategy	1
Meghan Campbell, Women, Poverty, Equality: The Role of CEDAW, Oxford, Hart Publishing, 2018, 328pp, eBook £27.00	1
John Kay and Mervyn King, Radical Uncertainty: Decision‐making for an Unknowable Future, London: The Bridge Street Press, 2020, 528 pp, hb, £25. 00	1
Abuse of Rights in English Contract Law: Hidden in Plain Sight?	1
DeFi Common Sense: Crypto‐backed Lending in Janesh s/o Rajkumar v Unknown Person (‘CHEFPIERRE’)	1
Maitland's Challenge for Administrative Legal Theory	1
Parliament, the Pandemic, and Constitutional Principle in the United Kingdom: A Study of the Coronavirus Act 2020	1
A Performative Theory of Judicial Dissent	1
Discrimination in Abortion Law and the Message the Law is Sending: R (Crowter) v Secretary of State for Health and Social Care	1
Making Law Possible	1
The Presumption Against Extraterritoriality, Mutual Legal Assistance, and the Future of Law Enforcement Cross‐Border Evidence Collection	1
e‐Evidence Cooperation in Criminal Matters from an EU Perspective	1
Reconceptualising Homelessness Legislation in England	1
Two Ways of Looking at a Printed Book	1
Legal Protection Against Destitution in the UK: the Case for a Right to a Subsistence Minimum	1

Hauptpersonalrat der Lehrerinnen: Article 88 GDPR and the Interplay between EU and Member State Employee Data Protection Rules	1
Who is steering the jurisprudence of the European Court of Justice? The influence of Member State submissions on copyright law	1
When a ‘Like’ Is Not a ‘Like’: A New Fragmented Approach to Data Controllership	1
Lehtimäki v Cooper: Duty and Jurisdiction in Charity Law	1
The Heathrow Case in the Supreme Court: Climate Change Legislation and Administrative Adjudication	1
Rights, Common Good, and the Separation of Powers	1
Public Nuisance and Climate Change: The Common Law's Solutions to the Plaintiff, Defendant and Causation Problems	1
Failure of Condition or Implied Term?	1
What's Choice Got to Do With It? Addressing the Pitfalls of Using Choice‐Architecture Discourse Within Poverty Law	1
Being Conscious of Unconscionability in Modern Times: Heller v Uber Technologies	1
Animals and Nature as Rights Holders in the European Union	1
RichardSusskind, Online Courts and the Future of Justice, Oxford: Oxford University Press, 2019, 368 pp, hb £18.99.	1
Human Trafficking, SM v Croatia and the Conceptual Evolution of Article 4 ECHR	1
Knowing receipt: continuing trusts and conscionability Byers v Saudi National Bank	1
Simon Deakin and Christopher Markou (eds), Is Law Computable: Critical Perspectives on Law and Artificial Intelligence, Oxford: Hart Publishing, 2020, xxi + 320 pages, hb £72.00	1
Brexit, Covid‐19, and Possible Frameworks for Future UK/EU Financial Governance Cooperation	1
Rights‐Restricting Rhetoric: The Overseas Operations (Service Personnel and Veterans) Act 2021	1
Ordoliberalism: What We Know and What We Think We Know	1
Collective Action in the Digital Reality: the Case of Platform‐Based Workers	1
Brexit, food law and the UK's search for a post‐EU identity	1
Re‐thinking the Mental Capacity Act 2005: Towards the Next Generation of Law	1
Jonathan Herring, Law and the Relational Self, Cambridge: Cambridge University Press, 2020, 197 pp, hb £85.00	0
Regulatory Agencies and the Inclusion Trilemma	0
Historiography and Constitutional Adjudication	0
The Beneficiary's Ownership Rights in the Trust Res in a Liberal Property Regime	0
Debtholder Stewardship	0
LaurensLavrysen and NatasaMavronicola (eds), Coercive Human Rights: Positive Duties to Mobilise the Criminal Law under the ECHR, Oxford, Hart Publishing, 2020, 328 pp, hb, £63.00	0
Shazam v Only Fools and Horses: A Critique of the Classification of Literary or Dramatic Characters as Independent Copyright Works	0
Employment Status and Human Rights: An Emerging Approach	0
The Continuity of a Legal System	0
A Pyrrhic Victory for Unjust Enrichment in Singapore? Esben Finance Ltd v Wong Hou‐Lianq Neil	0
‘Palm Tree Justice’: The Inherent Jurisdiction in Adult Welfare Cases	0
Intellectual Property Absurdism or: How I Learned to Stop Worrying and Love IP	0
Equity before ‘Equity’	0
The Charities Act 2022 and its Dissuasive Effects on Donors	0
Jacqueline Kinghan, Lawyers, Networks and Progressive Social Change: Lawyers Changing Lives, Oxford, Hart Publishing, 2021, 209 pp, (hb), £65.00.	0
‘Lex Cryptographi(c)a,’ ‘Cloud Crypto Land’ or What? – Blockchain Technology on the Legal Hype Cycle	0
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NaomiCreutzfeldt, ChrisGill, MarineCornelis and RachelMcPherson, Access to Justice for Vulnerable and Energy‐Poor Consumers: Just Energy?, Oxford: Hart Publishing, 2021, 336 pp, hb £85.00, pb £42.99	0
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IsabelZuloaga, Reliance in the Breaking‐Off of Contractual Negotiations: Trust and Expectation in a Comparative Perspective, Cambridge, Intersentia, 2019, xxxviii + 254 pp, hb, € 69.	0
Simon Stern, Maksymilian Del Mar and Bernadette Meyler (eds), The Oxford Handbook of Law and Humanities, Oxford, Oxford University Press, 2020, xix + 892 pp, hb £125.00	0
MarySynge, The University‐Charity: Challenging Perceptions in Higher Education, 2023, xix + 504 pp, hb £120.	0
The Possibility of Lawful Act Economic Duress:  Pakistan International Airlines Corp v Times Travel (UK) Ltd	0
Kogan v Martin: A New Framework for Joint Authorship in Copyright Law	0
Proof of Foreign Nationality and Citizenship Deprivation: Pham and Competing Approaches to Proof in the British Courts	0
The New Responsive Constitutionalism	0
FionaMacmillan, Intellectual and Cultural Property: Between Market and Community, Abingdon, Routledge, 2021, 232 pp, hb £120 e‐book £25.89	0
Recognising What is Lost in Reproductive Harms: Whittington Hospital NHS Trust v XX	0
Zalewski and the Future of Irish Public Law	0
Anomalies in Tort Law: A Cause for Concern?	0
Reframing the English Foreign Act of State Doctrine	0
The ‘Market’ in Criminal Law Theory	0
E. Micheler, Company Law: A Real Entity Theory, Oxford, Oxford University Press, 2021, 320 pp, hb, £80.00	0
Reconciling Contract Law's Objective and Subjective Standards	0
Michael Legg and Felicity Bell, Artificial Intelligence and the Legal Profession, Oxford: Hart Publishing, 2020, 408 pp, hb £75.00	0
Cass R. Sunstein and Adrian Vermeule, Law & Leviathan: Redeeming the Administrative State, Cambridge, MA, Harvard University Press, 2020, 208 pp, hb £20.95	0
Protecting National Security by Breaking the Law? Prerogative, Statute and the Powers of MI5	0
Joseph Raz as a Political Philosopher	0
Judging Under Authoritarianism	0
Redefining Compensation under International Law: the Methodology of the International Court of Justice in DRC v Uganda	0
Haley v Haley: Family Law Arbitration and the New Frontier of Private Ordering	0
The International Extension of Denial of Justice	0
CatherineMitchell, Vanishing Contract Law: Common Law in the Age of Contracts, Cambridge, Cambridge University Press, 2022, 259 pp, hb, £85.00	0
Don Herzog, Sovereignty, RIP, New Haven and London: Yale University Press, 2020, 299 pp, hb £30.00	0
U.Belavusau and K.Henrard(eds), EU Anti‐Discrimination Law Beyond Gender, Oxford: Hart, 1st ed, 2018, 392 pp, hb £65.00	0
KaiAmboset al, Core Concepts in Criminal Law and Criminal Justice, Volume 1: Anglo‐German Dialogues, Cambridge: Cambridge University Press, 2020, 504 pp, hb £110	0
Boycott, Resistance and the Law: Cause Lawyering in Conflict and Authoritarianism	0
Nicholas McBride, The Humanity of Private Law Part II: Evaluation, Oxford: Hart Publishing, 2020, 224 pp, hb £70.00	0
The Rights and Wrongs of No‐Platforming	0
Chris Hanretty, A Court of Specialists: Judicial Behavior on the UK Supreme Court, New York: Oxford University Press, 2020, 304 pp, hb £64.00	0
Gray Areas in Tort: Illegality and Authority after Patel v Mirza	0
The Challenge of ‘Factual Hard Cases’ for Guilty Plea Regimes	0
ErnestLim, Sustainability and Corporate Mechanisms in Asia, Cambridge: Cambridge University Press, 2020, xix + 409 pp, hb £95.00	0
Human Trafficking: Iconic Victims, Folk Devils and the Nationality and Borders Act 2022	0
Viktoria H.S.E.Robertson, Competition Law's Innovation Factor, Oxford, Hart Publishing, 2020, 351 pp, pb, £76.50.	0
Douglas Morris, Legal Sabotage: Ernst Fraenkel in Hitler's Germany, Cambridge: Cambridge University Press, xv + 235 pp, hb, £85.00	0
Editorial	0
Contesting Housing Inequality: Housing Rights and Social Movements	0
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THE MODERN LAW REVIEW	0
CristyClarke and JohnPage, The Lawful Forest: A Critical History of Property, Protest and Spatial Justice, Edinburgh: Edinburgh Critical Studies in Law, Literature and the Humanities, 2022, 225 pp, hb	0
Consent in Contracts of Employment	0
Closing the Floodgates on Privacy Class Actions: Lloyd v Google LLC	0
When is an Insured Vehicle an Uninsured Vehicle?	0
Ernest J.Weinrib, Reciprocal Freedom: Private Law and Public Right, Oxford, Oxford University Press, 2022, 240 pp, hb, £90.00	0
JohnMurphy, The Province and Politics of the Economic Torts, Hart Studies in Private Law, Bloomsbury Publishing, 2022, 320 pp, hb £76.50	0
Hidden Delegations: The Assignment of Contractual Rights and Consumer Debt	0
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Police Use of Retrospective Facial Recognition Technology: A Step Change in Surveillance Capability Necessitating an Evolution of the Human Rights Law Framework	0
Mavis Maclean and Bregie Dijksterhuis (eds), Digital Family Justice: From Alternative Dispute Resolution to Online Dispute Resolution?Oxford: Hart, 2019, 244 pp, hb £55.00.	0
Imogen Goold, Jonathan Herring and Cressida Auckland (eds), Parental Rights, Best Interests and Significant Harms – Medical decision‐making on behalf of children post‐Great Ormond Street Hospital v Ga	0
The Sins of the Fathers: Targeted Sanctions against Family Members of Primary Targets	0
Ilanah Fhima and Dev S. Gangjee, The Confusion Test in European Trade Mark Law, Oxford: Oxford University Press, 2019, 278 pp, hb £125.00.	0
MarijaJovanovic, State Responsibility for ‘Modern Slavery’ in Human Rights Law: A Right Not to Be Trafficked, Oxford: Oxford University Press, 2023, 240 pp, hb, £90.00	0
LukeRostill, Possession, Relative Title and Ownership in English Law, Oxford: Oxford University Press, 208 pp, hb £90.00	0
DespoinaMantzari, Courts, Regulators, and the Scrutiny of Economic Evidence, Oxford: Oxford University Press, 272 pp, hb £70.00	0
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C v D: A Missed Opportunity to Clarify the Distinction Between Jurisdiction and Admissibility	0
R. Catterwell, A Unified Approach to Contract Interpretation, Oxford: Hart Publishing, 2020, 320 pp, hb £72.00	0
Squaring the Circle? Regional Airport Expansion, Climate Change and the Planning Regime	0
Liberalism and the Reason of Law	0
‘If I Would Stay Alive, I Would Be Their Voice’: On the Legitimacy of International People's Tribunals	0
A New Definition of ‘Treasure’ under the Treasure Act 1996: Watershed Reform or Missed Opportunity?	0
Skeleton Keys to Hospital Doors: Adolescent Adults who Refuse Life‐Sustaining Medical Treatment	0
Ways of Explaining Law	0
The UK GDPR, the Immigration Exception and Brexit: Interrogating Open Rights Group v Secretary of State for the Home Department and its Aftermath	0
Unreasonably Limiting Recourse to the Courts? R (on the application of Haworth) v HMRC	0
Promises in Equity and at Law: Proprietary Estoppel after Guest v Guest	0
IyiolaSolanke(ed), On Crime, Society, and Responsibility in the work of Nicola Lacey, Oxford: Oxford University Press, 2020, xi+ 268 pp, hb £80.00	0
Medicinal Cannabis Prescribing: A Study of Boundary Work and Medico‐Legal Risk	0
When our Paths Cross Again: The Supreme Court's Management of Related Asylum and Child Abduction Claims in G v G	0
OrBrook, Non‐Competition Interests in EU Antitrust Law: An Empirical Study of Article 101 TFEU, Cambridge, Cambridge University Press, 2022, 400 pp, hb £120.00	0
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Sovereignty and the Persistence of the Aesthetic	0
The Evolution Of Elucidation: The Snowden Cases Before The Investigatory Powers Tribunal	0
JoBraithwaite, The Financial Courts: Adjudicating Disputes in Derivatives Markets, Cambridge: Cambridge University Press, 2020, 400pp, hb £95.00	0
Adam Chilton and Mila Versteeg, How Constitutional Rights Matter, New York: Oxford University Press, 2020, viii + 388, hb £64.00	0
Tracing, Mixing, and Innocent Claimants	0
Amanda Cooke, Pensions and Legal Policy: Lessons on the Shift from Public to Private, Oxford: Hart Publishing, 229 pp, hb £70.00	0
Falling into Line? The Hostile Environment and the Legend of the ‘Judges’ Revolt’	0
What the Fair Minded Observer Really Thinks About Judicial Impartiality	0
Judicial Biography in the National Security Constitution: Lord Diplock and a ‘Rather Silly Little Secret Racket’	0
George Duke and Robert P George (eds), The Cambridge Companion to Natural Law Jurisprudence, Cambridge: Cambridge University Press, 2017, ix + 458 pp, pb £31.99	0
ColinKing and JenniferHendry, Civil Recovery of Criminal Property, Oxford: Oxford University Press, 2023, 240 pp, hb £90.00	0
Plus ça change, plus c'est la même chose: Mackie Motors v RCI and Baird Textiles v Marks and Spencer	0
Examining the Structure of Remedial Law	0
The Law at an Intersection: A Meeting of Attribution, Criminal Law, and the Constructive Trust	0
AmakaVanni, Patent Games in the Global South: Pharmaceutical Patent Law‐Making in Brazil, India and Nigeria, Oxford: Hart Publishing, 2019, 240 pp, £29.69	0
TingXu and Alison Clarke (eds), Legal Strategies for the Development and Protection of Communal Property, Oxford: Oxford University Press, 2018, 256 pp, hb £65.00.	0
Intersex Interventions as Human Rights Violations: The European Court of Human Rights Sets Out Guiding Principles in M v France	0
Expertise, Public Health and the European Convention on Human Rights: Vavřička v Czech Republic	0
The ‘Chimera’ of Parenthood	0
Fiat v Commission: A Misconception at the Heart of the Tax Ruling Cases	0
Chilling and Warming Effects on the Production of Legal Scholarship	0
Jonas‐SébastienBeaudry, The Disabled Contract: Severe Intellectual Disability, Justice and Morality, Cambridge: Cambridge University Press, 2021, xix + 314 pp, hb £85.00	0
Armstead v Royal Sun Alliance Insurance Company Ltd: The Interface between The Winkfield and Conarken	0
Managing Allegations Concerning Black and Asian Police Officers, Cultural Competence and Reflective Practice under the Police (Conduct) Regulations 2020	0
Plainly Wrong	0
Trial by Cognitive Ordeal: Irrational Approaches to the Opinions of Investigators, Trial Integrity and Proof	0
Anxieties about International Law: Law Debenture v Ukraine	0
Proving the Dough: National Crime Agency v Baker & Ors	0
JonathanSumption, Trials of the State: Law and the Decline of Politics, London: Profile Books, 2019, 112 pp, hb £9.99.	0
Modern Slavery and the Commercial Activity Exception to Diplomatic Immunity From Civil Jurisdiction: The UK Supreme Court's Decision in Basfar v Wong	0
KieranMcEvoy, LouiseMallinder and AnnaBryson, Lawyers in Conflict and Transition, Cambridge: Cambridge University Press, 2022, 300 pp, hb, £85.00.	0
Failures for Consideration: Re‐Analysing Jurisdiction in Unjust Enrichment Claims	0
Clarifying the Duties of the UK Judiciary Post‐Brexit: Lipton and Anr v BA City Flyer Ltd	0
Xenophobic Discrimination	0
D.Hallinan, R.Leenes, S.Gutwirth, and P.DeHert(eds), Data Protection and Privacy: Data Protection and Democracy, Oxford: Hart Publishing, 2020, 336pp, hb £45.00	0
The Problem with Provocation in Trespass	0
New Reproductive Technologies and Genetic Relatedness	0
The OMC, Intelligent Accountability and the Monitoring of National Tax Authorities	0
KathrynMcNeilly and BenWarwick (eds), The Times and Temporalities of International Human Rights Law, Oxford: Hart Publishing, 2022, 240 pp, hb, £85.00	0
MarkElliott and KirstyHughes (eds), Common Law and Constitutional Rights, Oxford, Hart Publishing, 2020, xii + 316 + (Index) 21 pp, hb, £75.00.	0
Gendered Capital and Litigants in EU Equality Case‐Law	0
AleydisNissen, European Union, Emerging Global Business and Human Rights, Cambridge, Cambridge University Press, 323 pp, hb £85.00	0
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Consumer Value as the Key to Trade Mark Functionality	0
James Penner, Property Rights: A Re‐Examination, Oxford, Oxford University Press, 2020, 256 pp, £84.00	0
S.Paterson, Corporate Reorganization Law and Forces of Change, Oxford University Press, 2020, 320 pp, hb £80.00	0
Cormac S.Mac Amhlaigh, New Constitutional Horizons: Towards a Pluralist Constitutional Theory, Oxford, Oxford University Press, 2022, xi + 256pp, hb £70.00	0
Discrimination at the Interface: The Equality Act 2010 and Platform Interface Design	0
Cart Challenges, Empirical Methods, and Effectiveness of Judicial Review	0
Efobi v Royal Mail Group: Much Ado About Nothing?	0
RobertStevens, The Laws of Restitution, Oxford: Oxford University Press, 2023, 496pp, hb £90.00	0
MargaretDoyle and NickO'Brien, Reimagining Administrative Justice: Human Rights in Small Places, Cham, Palgrave Pivot, 2020, 163 pp, hb, €53.49	0
EnricoBonadio and Chen WeiZhu (eds), Music Borrowing and Copyright Law: A Genre‐by‐Genre AnalysisOxford: Hart, 2023, 704pp, hb £126.00	0
John Frow, On Interpretive Conflict, Chicago: University of Chicago Press, 2019, 223 pp, pb £19.50.	0
Citizen Led Policing in the Digital Realm: Paedophile Hunters and Article 8 in the case of Sutherland v Her Majesty's Advocate	0
Undue Influence and Will Substitutes: Vitiating Transactions that Blur the Boundaries between Life and Death	0
Attribution: A New Controversy?	0
AV Dicey as Legal Theorist	0
Fat Cats, Production Networks, and the Right to Fair Pay	0
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