Modern Law Review

Papers
(The median citation count of Modern Law Review is 0. The table below lists those papers that are above that threshold based on CrossRef citation counts [max. 250 papers]. The publications cover those that have been published in the past four years, i.e., from 2021-03-01 to 2025-03-01.)
ArticleCitations
Intellectual Property Absurdism or: How I Learned to Stop Worrying and Love IP21
Redefining Compensation under International Law: the Methodology of the International Court of Justice in DRC v Uganda20
MarijaJovanovic, State Responsibility for ‘Modern Slavery’ in Human Rights Law: A Right Not to Be Trafficked, Oxford: Oxford University Press, 2023, 240 pp, hb, £90.009
What the Fair Minded Observer Really Thinks About Judicial Impartiality7
Two Ways of Looking at a Printed Book7
6
Matthew C.Canfield, Translating Food Sovereignty: Cultivating Justice in an Age of Transnational Governance, Stanford University Press, 2022, 280 pp, hb US/CAN $105.00, pb US/CAN $26.005
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 £125.004
Discrimination at the Interface: The Equality Act 2010 and Platform Interface Design4
Plainly Wrong4
Knowing receipt: continuing trusts and conscionability Byers v Saudi National Bank4
The Governance of Economic Unionism after the United Kingdom Internal Market Act4
IyiolaSolanke(ed), On Crime, Society, and Responsibility in the work of Nicola Lacey, Oxford: Oxford University Press, 2020, xi+ 268 pp, hb £80.004
Beyond Doubt: The Case Against ‘Not Proven’4
JohnMurphy, The Province and Politics of the Economic Torts, Hart Studies in Private Law, Bloomsbury Publishing, 2022, 320 pp, hb £76.504
Brexit, Covid‐19, and Possible Frameworks for Future UK/EU Financial Governance Cooperation4
Michael Legg and Felicity Bell, Artificial Intelligence and the Legal Profession, Oxford: Hart Publishing, 2020, 408 pp, hb £75.004
‘Lex Cryptographi(c)a,’ ‘Cloud Crypto Land’ or What? – Blockchain Technology on the Legal Hype Cycle4
e‐Evidence Cooperation in Criminal Matters from an EU Perspective4
Proof of Foreign Nationality and Citizenship Deprivation: Pham and Competing Approaches to Proof in the British Courts3
LukeRostill, Possession, Relative Title and Ownership in English Law, Oxford: Oxford University Press, 208 pp, hb £90.003
R. Catterwell, A Unified Approach to Contract Interpretation, Oxford: Hart Publishing, 2020, 320 pp, hb £72.003
The OMC, Intelligent Accountability and the Monitoring of National Tax Authorities3
Adam Chilton and Mila Versteeg, How Constitutional Rights Matter, New York: Oxford University Press, 2020, viii + 388, hb £64.003
Clarifying the Duties of the UK Judiciary Post‐Brexit: Lipton and Anr v BA City Flyer Ltd3
GabrielleWatson, Respect and Criminal Justice, Oxford: Oxford University Press, 2020, 256 pp, hb, £80.003
Undue Influence and Will Substitutes: Vitiating Transactions that Blur the Boundaries between Life and Death3
Cormac S.Mac Amhlaigh, New Constitutional Horizons: Towards a Pluralist Constitutional Theory, Oxford, Oxford University Press, 2022, xi + 256pp, hb £70.002
Intersex Interventions as Human Rights Violations: The European Court of Human Rights Sets Out Guiding Principles in M v France2
New Reproductive Technologies and Genetic Relatedness2
AleydisNissen, European Union, Emerging Global Business and Human Rights, Cambridge, Cambridge University Press, 323 pp, hb £85.002
Skeleton Keys to Hospital Doors: Adolescent Adults who Refuse Life‐Sustaining Medical Treatment2
Reconciling Contract Law's Objective and Subjective Standards2
2
Employment Status and Human Rights: An Emerging Approach2
Promises in Equity and at Law: Proprietary Estoppel after Guest v Guest2
The Beneficiary's Ownership Rights in the Trust Res in a Liberal Property Regime2
Consent in Contracts of Employment2
Examining the Structure of Remedial Law2
Economic Imaginaries and Environmental Regulation2
Chilling and Warming Effects on the Production of Legal Scholarship2
Anomalies in Tort Law: A Cause for Concern?2
A New Definition of ‘Treasure’ under the Treasure Act 1996: Watershed Reform or Missed Opportunity?2
Douglas Morris, Legal Sabotage: Ernst Fraenkel in Hitler's Germany, Cambridge: Cambridge University Press, xv + 235 pp, hb, £85.001
SuzanneLenonandDanielMonk(eds), Inheritance Matters: Kinship, Property, Law, Oxford: Hart Publishing, 2023, 326 pp, hb, £90.001
Judging Under Authoritarianism1
Thirty Years of Legal Research: An Empirical Analysis of Outputs Submitted to RAE and REF (1990‐2021)1
Can GPS Monitoring Be Viewed as a Bodyguard, Rather than a Prison Guard?: The Use of Electronic Monitoring to Reduce the Risk of Cross‐Border Parental Child Abduction1
THE MODERN LAW REVIEW1
The International Extension of Denial of Justice1
AV Dicey as Legal Theorist1
KaiAmboset al, Core Concepts in Criminal Law and Criminal Justice, Volume 1: Anglo‐German Dialogues, Cambridge: Cambridge University Press, 2020, 504 pp, hb £1101
Regulatory Agencies and the Inclusion Trilemma1
Consent to Treatment for Transgender Youth: The Next Chapter – Bell & Anor v The Tavistock and Portman NHS Foundation Trust & Ors1
Managing Allegations Concerning Black and Asian Police Officers, Cultural Competence and Reflective Practice under the Police (Conduct) Regulations 20201
AmakaVanni, Patent Games in the Global South: Pharmaceutical Patent Law‐Making in Brazil, India and Nigeria, Oxford: Hart Publishing, 2019, 240 pp, £29.691
Performative Environmental Law1
Does Digital Status Unlawfully Penalise EU Citizens Accessing the UK's Private Rented Sector?1
Zalewski and the Future of Irish Public Law1
‘Palm Tree Justice’: The Inherent Jurisdiction in Adult Welfare Cases1
Fiat v Commission: A Misconception at the Heart of the Tax Ruling Cases1
The Evolution Of Elucidation: The Snowden Cases Before The Investigatory Powers Tribunal1
Gray Areas in Tort: Illegality and Authority after Patel v Mirza1
A Performative Theory of Judicial Dissent1
Shazam v Only Fools and Horses: A Critique of the Classification of Literary or Dramatic Characters as Independent Copyright Works1
Ernest J.Weinrib, Reciprocal Freedom: Private Law and Public Right, Oxford, Oxford University Press, 2022, 240 pp, hb, £90.001
UK Withdrawal from the EU: Supremacy, Indirect Effect and Retained EU Law1
Jacqueline Kinghan, Lawyers, Networks and Progressive Social Change: Lawyers Changing Lives, Oxford, Hart Publishing, 2021, 209 pp, (hb), £65.00.1
LaurensLavrysen and NatasaMavronicola (eds), Coercive Human Rights: Positive Duties to Mobilise the Criminal Law under the ECHR, Oxford, Hart Publishing, 2020, 328 pp, hb, £63.001
Distinguishing Between Direct and Indirect Discrimination1
‘AI is not an Inventor’: Thaler v Comptroller of Patents, Designs and Trademarks and the Patentability of AI Inventions1
Making Law Possible1
Police Use of Retrospective Facial Recognition Technology: A Step Change in Surveillance Capability Necessitating an Evolution of the Human Rights Law Framework1
Efobi v Royal Mail Group: Much Ado About Nothing?1
Amanda Cooke, Pensions and Legal Policy: Lessons on the Shift from Public to Private, Oxford: Hart Publishing, 229 pp, hb £70.001
The Sins of the Fathers: Targeted Sanctions against Family Members of Primary Targets1
The Electrical Contractors Case: Irish Supreme Court Illuminates Collective Bargaining and Delegated Legislation1
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, hb1
Contesting Housing Inequality: Housing Rights and Social Movements1
Punitive Damages and the Place of Punishment in Private Law0
Increasing the Powers of the Secretary of State for the Home Department to Strip Individuals of their British Citizenship: R (on the application of Begum) v SSHD0
Discrimination in Abortion Law and the Message the Law is Sending: R (Crowter) v Secretary of State for Health and Social Care0
When our Paths Cross Again: The Supreme Court's Management of Related Asylum and Child Abduction Claims in G v G0
Parliament, the Pandemic, and Constitutional Principle in the United Kingdom: A Study of the Coronavirus Act 20200
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Animals and Nature as Rights Holders in the European Union0
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Cass R. Sunstein and Adrian Vermeule, Law & Leviathan: Redeeming the Administrative State, Cambridge, MA, Harvard University Press, 2020, 208 pp, hb £20.950
The Aims and Functions of Criminal Law0
Coercive Human Rights and the Forgotten History of the Council of Europe's Report on Decriminalisation0
Luke DimitriosSpieker, EU Values before the Court of Justice: Foundations, Potential, Risks, Oxford, Oxford University Press, 2023, 356 pp, hb £110.000
Governing Intersystemic Systemic Risks: Lessons from Covid and Climate Change0
Necessity, Non‐Violent Direct Activism, and the Stansted 15: Reasserting ‘Hoffmann's Bargain’0
0
Are Litigants, Trials and Precedents Vanishing After All?0
Prisoner Voting in the United Kingdom: An Empirical Study of a Contested Prisoner Right0
THE MODERN LAW REVIEW0
X‐GmbH v Finanzamt Stuttgart – Körperschaften: Abuse of Tax Law and Exchange of Tax Information in EU law0
‘If I Would Stay Alive, I Would Be Their Voice’: On the Legitimacy of International People's Tribunals0
Ordoliberalism: What We Know and What We Think We Know0
JessieBlackbourn, FionadeLondras and LydiaMorgan, Accountability and Review in the Counter‐Terrorist State, Bristol: Bristol University Press, 2020, 192 pp, pb £27.990
Accidents, Crises, and Events in the Supreme Court: Paul v Royal Wolverhampton NHS Trust0
The Unfree Commons: Freedom of Marine Scientific Research and the Status of Genetic Resources Beyond National Jurisdiction0
Unreasonably Limiting Recourse to the Courts? R (on the application of Haworth) v HMRC0
Niamh Moloney, The Age of ESMA – Governing EU Financial Markets, Oxford: Hart Publishing, 2018, 392 pp, hb £81.000
0
StinePiilgaardPorner Nielsen and OleHammerslev (eds), Transformations of European Welfare States and Social Rights: Regulation, Professionals, and Citizens, Cham: Palgrave Macmillan, 2024, x + 226, pb0
OrBrook, Non‐Competition Interests in EU Antitrust Law: An Empirical Study of Article 101 TFEU, Cambridge, Cambridge University Press, 2022, 400 pp, hb £120.000
John Adenitire, A General Right to Conscientious Exemption: Beyond Religious Privilege, Cambridge: Cambridge University Press, 2020, 244 pp, hb, £85.000
Reasonableness in Capacity Law0
The Scope of the Medical Exception in Criminal Law0
Sovereignty and the Persistence of the Aesthetic0
0
Undermining loyalty to legality? An empirical analysis of perceptions of ‘lockdown’ law and guidance during COVID‐190
Administrative Law as a Source of Rights0
A Tale of Too Many Doctrines: Supervening Impossibility and the Sale of Goods0
Authorising Crime: The Covert Human Intelligence Sources (Criminal Conduct) Act 20210
Constitutive Powers of Executive Bodies: a Functional Analysis of the Single Resolution Board0
Phil Glover, Protecting National Security: A history of British Communications Investigation Regulation, Abingdon, Routledge, 2021, 318 pages, hb £120.000
The Presumption Against Extraterritoriality, Mutual Legal Assistance, and the Future of Law Enforcement Cross‐Border Evidence Collection0
Issue Information0
Same‐Sex Unions in Hong Kong and the Misuse of Comparative Law: Sham Tsz Kit v Secretary for Justice0
Smith v Fonterra and the Climatisation of Tort Law0
Shireen Morris, A First Nations Voice in the Australian Constitution, Oxford: Hart Publishing, 2020, 344 pp, hb $108.00 (AUD)0
Beverley Clough, The Spaces of Mental Capacity Law: Moving Beyond Binaries, Routledge, 2021, hb, 208 pp, £130.000
KathrynMcNeilly and BenWarwick (eds), The Times and Temporalities of International Human Rights Law, Oxford: Hart Publishing, 2022, 240 pp, hb, £85.000
E Christodoulidis, The Redress of Law: Globalisation, Constitutionalism and Market Capture, Cambridge: Cambridge University Press, 2021, 350 pp, pb £34.990
Ideological Constitutionalism0
CarstenStahn, A Critical Introduction to International Criminal Law, Cambridge: Cambridge University Press, 2019, xviii + 448 pp, pb £24.990
Public Functions of Political Parties in the United Kingdom0
Sevilleja v Marex Financial Ltd: Reflective Loss and the Autonomy of Company Law0
0
The Costs of Contractual Certainty: RTI v MUR Shipping0
The Aarhus Convention 1998 and the Environment Act 2021: Eroding Public Participation0
The Human Fertilisation and Embryology Act 1990 and Non‐Traditional Families0
VirginiaMantouvalou, Structural Injustice and Workers' Rights, Oxford, OUP, 2023, 208pp, hb £90.000
James Penner, Property Rights: A Re‐Examination, Oxford, Oxford University Press, 2020, 256 pp, £84.000
Falling into Line? The Hostile Environment and the Legend of the ‘Judges’ Revolt’0
The Travels of Treason0
Zainab BatulNaqvi, Polygamy, Policy and Postcolonialism in English Marriage Law; A Critical Feminist Analysis, Bristol: Bristol University Press, 2023, 239 pp, hb £85.000
S.Fredman, Comparative Human Rights Law, Oxford: Oxford University Press, 2018, 512 pp, pb £47.490
Safeguarding Access to Justice in the Age of the Online Court0
Cautious scrutiny: The Federal Climate Change Act case in the German Constitutional Court0
Combatting Corruption and Collusion in UK Public Procurement: Proposals for Post‐Brexit Reform0
Hauptpersonalrat der Lehrerinnen: Article 88 GDPR and the Interplay between EU and Member State Employee Data Protection Rules0
Authenticity and Identity in Adolescent Decision‐Making0
0
Historiography and Constitutional Adjudication0
Equity before ‘Equity’0
0
KeithEwing, Joan Mahoney and Andrew Moretta, MI5, the Cold War and the Rule of Law, Oxford, OUP, 2021, 511pp, hb £84.000
D. Brakman Reiser and S.A. Dean, Social Enterprise Law: Trust, Public Benefit, and Capital Markets, Oxford: Oxford University Press, 2017, 202 pp, hb £42.490
False Beliefs and Consent to Sex0
0
Back to School: Matthew Kramer's Freedom of Expression as Self‐Restraint0
Virginia Torrie, Reinventing Bankruptcy Law: A History of the Companies’ Creditors Arrangement Act, Toronto: University of Toronto Press, 2020, 245 pp, hb, £56.990
William Rodolph Cornish (1937‐2022)0
Gendered Capital and Litigants in EU Equality Case‐Law0
Making Constitutionalism Progressive Again: A Primer on City Constitutionalism and State (Re)Formation in a New Constitutional Geography0
The Future of Employment: Purposive Interpretation and the Role of Contract after Uber0
A Bird's‐Eye View of Animals in the Law0
S.Paterson, Corporate Reorganization Law and Forces of Change, Oxford University Press, 2020, 320 pp, hb £80.000
The CJEU in Commission v Hungary Higher Education Defends Academic Freedom Through WTO Provisions0
Contested Subjects of Human Rights: Trans‐ and Gender‐variant Subjects of International Human Rights Law0
HeatherDouglas, KateFitz‐Gibbon, LeighGoodmark and SandraWalklate (eds), The Criminalization of Violence Against Women: Comparative Perspectives, Oxford: OUP, 2023, 344 pp, hb £59.000
RobertStevens, The Laws of Restitution, Oxford: Oxford University Press, 2023, 496pp, hb £90.000
Has the UK Supreme Court Become More Restrained in Public Law Cases?0
Thinking Legally about Remedy in Judicial Review: R (on the application of Imam) v London Borough of Croydon0
Imprisoned at Work: The Impact of Employee Monitoring on Physical Privacy and Individual Liberty0
Consumer Value as the Key to Trade Mark Functionality0
Countering Terrorism in the Family Courts: A Dangerous Development0
The Independence of Justice in the Cauldron of International Relations0
The Change in Judicial Practice in Cases Concerning Civil Disobedience Protests and its Constitutional Significance0
The EU‐UK Trade and Cooperation Agreement – Exceptional Circumstances or a new Paradigm for EU External Relations?0
FedericoPicinali, Justice In‐Between: A Study of Intermediate Criminal Verdicts, Oxford, Oxford University Press, 2022, 278 pp, hb £80.000
Folúkẹ́Adébísí, Decolonisation and Legal Knowledge: Reflections on Power and Possibility, Bristol: Bristol University Press, 2023, 204 pp, hb £85.99, pb £26.990
VeraPavlou, Migrant Domestic Workers in Europe: Law and the Construction of Vulnerability, Oxford, Hart Publishing, 2021, 166pp, hb £76.500
Using AI to Mitigate the Employee Misclassification Problem0
A Privileged and Conventional Relationship: Legal Professional Privilege and the Law Officers’ Convention0
0
SamiaBano (ed), The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain, London and New York, Routledge, 2023, 142 pp, hb, £45.990
Institutionalising Interpersonal Ideas in Law0
0
Machine Learning and the Re‐Enchantment of the Administrative State0
Reframing the English Foreign Act of State Doctrine0
Prioritising Proof over Speculation: Resolving the Prospective Inability Problem in Contract Damages0
0
S.Degeling, M.Crawford and N.Tiverios(eds), Justifying Private Rights, Oxford: Hart Publishing, 2020, vii + 283pp, hb £80.000
The Evolution of Birth Registration in England and Wales and its Place in Contemporary Law and Society0
JoBraithwaite, The Financial Courts: Adjudicating Disputes in Derivatives Markets, Cambridge: Cambridge University Press, 2020, 400pp, hb £95.000
Will the New UK Subsidy Control Regime Help ‘Level Up’ the Economy?0
Corrigendum to ‘Constitutional Directives: Morally‐Committed Political Constitutionalism’0
The Second‐class Citizen in Legal Theory0
Natural Rights, Constituent Power, and the Stain of Constitutionalism0
Protecting National Security by Breaking the Law? Prerogative, Statute and the Powers of MI50
Fat Cats, Production Networks, and the Right to Fair Pay0
The Citizen as Other: The Case from Within for Cosmopolitan State Duties and Freedom to Migrate0
The View from the Top: Visual Intrusion as Nuisance in Fearn v Tate Gallery0
The Right to ‘Inclusive’ Education0
Squaring the Circle? Regional Airport Expansion, Climate Change and the Planning Regime0
THE MODERN LAW REVIEW0
Rafael N.Fasel and Sean C.Butler, Animal Rights Law, Oxford: Hart Publishing, 2023, 240 pp, pb £24.990
Priority Setting as the Blind Spot of Administrative Law Enforcement: A Theoretical, Conceptual, and Empirical Study of Competition Authorities in Europe0
Mobilising the Market: An Empirical Analysis of Crowdfunding for Judicial Review Litigation0
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Anxieties about International Law: Law Debenture v Ukraine0
Debtholder Stewardship0
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Characterising and Changing Charitable Purposes: Theories of Organisational Purpose0
Vicarious Liability and Conferred Authority: Trustees of the Barry Congregation of Jehovah's Witnesses v BXB0
Recognising What is Lost in Reproductive Harms: Whittington Hospital NHS Trust v XX0
BeckyBatagol, KateSeear, HeliAskola and JamieWalvisch (eds), The Feminist Legislation Project: Rewriting Laws for Gender‐Based Justice, London, Routledge, 2024, 392 pp, hb, £145.000
Selective Corporate Restructuring Strategy0
Deceptive Sex: Rethinking Consent from the Gender Margins0
Rights, Common Good, and the Separation of Powers0
E. Micheler, Company Law: A Real Entity Theory, Oxford, Oxford University Press, 2021, 320 pp, hb, £80.000
Adieu to Attribution0
Institutional Choice in the Internal Market0
MatthewFlindersandChrisMonaghan(eds), Questions of Accountability: Prerogatives, Power and Politics, Oxford: Hart Publishing, 2023, 344 pp, hb, £81.000
Joseph Raz as a Political Philosopher0
RobertSpano, IuliaMotoc, BrankoLubarda, Paulo PintodeAlbuquerque, MarialenaTsirli(eds), assisted byAikateriniLazana, Fair Trial: Regional and International Perspectives/Procès équitable: perspe0
Re‐thinking the Mental Capacity Act 2005: Towards the Next Generation of Law0
LionelSmith, The Law of Loyalty, Oxford: OUP, 2023, 496 pp, hb £97.000
CatherineMitchell, Vanishing Contract Law: Common Law in the Age of Contracts, Cambridge, Cambridge University Press, 2022, 259 pp, hb, £85.000
Rationalising Mid‐Century Choice of Law: Legal Technique and its Limits in the ‘Dark Science’ of Conflicts0
Varying Contracts – Consideration, Form and Reality0
Human Trafficking: Iconic Victims, Folk Devils and the Nationality and Borders Act 20220
Melvin A.Eisenberg, Legal Reasoning, Cambridge, Cambridge University Press, 2022, 117 pp, pb, £22.990
Abuse of Rights in English Contract Law: Hidden in Plain Sight?0
Issue Information0
The Emperor's New Code? Time to Re‐Evaluate the Nature of Stewardship Engagement Under the UK's Stewardship Code0
Universal Jurisdiction: Law out of Context0
D Kahneman, O Sibony and CR Sunstein, Noise: A Flaw in Human Judgment, London: William Collins, 2021, 470 pp, hb £25.00.0
The Authority of Constituent Power0
Presumptions of Legislative Intent in R (Coughlan) v Minister for the Cabinet Office0
Reconsidering Sentencing Principles in Cases of Civil Disobedience: Cuadrilla Bowland Ltd and Others v Persons Unknown and Others0
Is Interference with a Corpse for Procreative Purposes a Criminal Offence?0
Criteria of Validity0
LeahTrueblood, Referendums as Representative Democracy, London, Bloomsbury Publishing, 2024, 168 pp, hb £76.500
THE MODERN LAW REVIEW0
Human Trafficking, SM v Croatia and the Conceptual Evolution of Article 4 ECHR0
Ways of Explaining Law0
AlysiaBlackham, Reforming Age Discrimination Law: Beyond Individual Enforcement, Oxford: Oxford University Press, 2022, hb, 400 pp (also available as e‐book), £80.000
Directly Discriminatory Algorithms0
Marie Tidball, Disabling Criminal Justice: The Governance of Autistic Adult Defendants in the English Criminal Justice System, Oxford, Hart Publishing, 2024, 296 pp, hb, £85.000
The Challenges of Implementing Anti‐Money Laundering Regulation: An Empirical Analysis0
R (on the application of W80) v Director General of the Independent Office of Police Conduct: Landmark Ruling or Business as Usual?0
The UK GDPR, the Immigration Exception and Brexit: Interrogating Open Rights Group v Secretary of State for the Home Department and its Aftermath0
Citizen Led Policing in the Digital Realm: Paedophile Hunters and Article 8 in the case of Sutherland v Her Majesty's Advocate0
A New Self‐Defence Framework for Domestic Abuse Survivors Who Use Violent Resistance in Response0
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