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 2021-05-01 to 2025-05-01.)
ArticleCitations
Adam Chilton and Mila Versteeg, How Constitutional Rights Matter, New York: Oxford University Press, 2020, viii + 388, hb £64.0031
The Beneficiary's Ownership Rights in the Trust Res in a Liberal Property Regime9
e‐Evidence Cooperation in Criminal Matters from an EU Perspective9
The OMC, Intelligent Accountability and the Monitoring of National Tax Authorities6
Clarifying the Duties of the UK Judiciary Post‐Brexit: Lipton and Anr v BA City Flyer Ltd6
The Governance of Economic Unionism after the United Kingdom Internal Market Act6
‘AI is not an Inventor’: Thaler v Comptroller of Patents, Designs and Trademarks and the Patentability of AI Inventions5
‘Lex Cryptographi(c)a,’ ‘Cloud Crypto Land’ or What? – Blockchain Technology on the Legal Hype Cycle5
UK Withdrawal from the EU: Supremacy, Indirect Effect and Retained EU Law5
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 £42.995
Amanda Cooke, Pensions and Legal Policy: Lessons on the Shift from Public to Private, Oxford: Hart Publishing, 229 pp, hb £70.005
AleydisNissen, European Union, Emerging Global Business and Human Rights, Cambridge, Cambridge University Press, 323 pp, hb £85.005
Ernest J.Weinrib, Reciprocal Freedom: Private Law and Public Right, Oxford, Oxford University Press, 2022, 240 pp, hb, £90.005
Islands and the Ocean: Three Models of the Relationship between EU Market Regulation and National Private Law5
D.Hallinan, R.Leenes, S.Gutwirth, and P.DeHert(eds), Data Protection and Privacy: Data Protection and Democracy, Oxford: Hart Publishing, 2020, 336pp, hb £45.004
EnricoBonadio and Chen WeiZhu (eds), Music Borrowing and Copyright Law: A Genre‐by‐Genre AnalysisOxford: Hart, 2023, 704pp, hb £126.004
When is an Insured Vehicle an Uninsured Vehicle?4
The ‘Market’ in Criminal Law Theory4
Cass R. Sunstein and Adrian Vermeule, Law & Leviathan: Redeeming the Administrative State, Cambridge, MA, Harvard University Press, 2020, 208 pp, hb £20.954
MarySynge, The University‐Charity: Challenging Perceptions in Higher Education, 2023, xix + 504 pp, hb £120.4
Consent to Treatment for Transgender Youth: The Next Chapter – Bell & Anor v The Tavistock and Portman NHS Foundation Trust & Ors4
The Charities Act 2022 and its Dissuasive Effects on Donors4
ElizabethWicks, Suicide and the Law, Oxford, Hart Publishing, 2023, 221 pp, hb £85.003
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E. Micheler, Company Law: A Real Entity Theory, Oxford, Oxford University Press, 2021, 320 pp, hb, £80.003
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Trial by Cognitive Ordeal: Irrational Approaches to the Opinions of Investigators, Trial Integrity and Proof3
Public Nuisance and Climate Change: The Common Law's Solutions to the Plaintiff, Defendant and Causation Problems3
The Scope of the Medical Exception in Criminal Law3
The Unsuccessful Bid of the British Advocate‐General to Remain on the Bench Despite Brexit3
The Aarhus Convention 1998 and the Environment Act 2021: Eroding Public Participation2
Phil Glover, Protecting National Security: A history of British Communications Investigation Regulation, Abingdon, Routledge, 2021, 318 pages, hb £120.002
Beverley Clough, The Spaces of Mental Capacity Law: Moving Beyond Binaries, Routledge, 2021, hb, 208 pp, £130.002
Authenticity and Identity in Adolescent Decision‐Making2
The Presumption Against Extraterritoriality, Mutual Legal Assistance, and the Future of Law Enforcement Cross‐Border Evidence Collection2
CarstenStahn, A Critical Introduction to International Criminal Law, Cambridge: Cambridge University Press, 2019, xviii + 448 pp, pb £24.992
The Unfree Commons: Freedom of Marine Scientific Research and the Status of Genetic Resources Beyond National Jurisdiction2
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Natural Rights, Constituent Power, and the Stain of Constitutionalism2
Judicial Biography in the National Security Constitution: Lord Diplock and a ‘Rather Silly Little Secret Racket’2
The Emperor's New Code? Time to Re‐Evaluate the Nature of Stewardship Engagement Under the UK's Stewardship Code2
Characterising and Changing Charitable Purposes: Theories of Organisational Purpose2
Issue Information2
The CJEU in Commission v Hungary Higher Education Defends Academic Freedom Through WTO Provisions2
Vicarious Liability and Conferred Authority: Trustees of the Barry Congregation of Jehovah's Witnesses v BXB2
Communicating Censure: The Relevance of Conditions of Imprisonment at Sentencing and During the Administration of the Sentence2
Prioritising Proof over Speculation: Resolving the Prospective Inability Problem in Contract Damages2
Haley v Haley: Family Law Arbitration and the New Frontier of Private Ordering1
Gambling Control in a Cost‐of‐Living Crisis: An Analysis of the White Paper High Stakes: Gambling Reform for the Digital Age (2023)1
MatthewFlindersandChrisMonaghan(eds), Questions of Accountability: Prerogatives, Power and Politics, Oxford: Hart Publishing, 2023, 344 pp, hb, £81.001
Does Digital Status Unlawfully Penalise EU Citizens Accessing the UK's Private Rented Sector?1
Criteria of Validity1
Conceptualising Corruption and the Rule of Law1
The Sins of the Fathers: Targeted Sanctions against Family Members of Primary Targets1
Gendered Capital and Litigants in EU Equality Case‐Law1
James Penner, Property Rights: A Re‐Examination, Oxford, Oxford University Press, 2020, 256 pp, £84.001
OrBrook, Non‐Competition Interests in EU Antitrust Law: An Empirical Study of Article 101 TFEU, Cambridge, Cambridge University Press, 2022, 400 pp, hb £120.001
Distinguishing Between Direct and Indirect Discrimination1
Modern Slavery and the Commercial Activity Exception to Diplomatic Immunity From Civil Jurisdiction: The UK Supreme Court's Decision in Basfar v Wong1
Zalewski and the Future of Irish Public Law1
The Change in Judicial Practice in Cases Concerning Civil Disobedience Protests and its Constitutional Significance1
GabrielleWatson, Respect and Criminal Justice, Oxford: Oxford University Press, 2020, 256 pp, hb, £80.001
Xenophobic Discrimination1
StinePiilgaardPorner Nielsen and OleHammerslev (eds), Transformations of European Welfare States and Social Rights: Regulation, Professionals, and Citizens, Cham: Palgrave Macmillan, 2024, x + 226, pb1
The EU‐UK Trade and Cooperation Agreement – Exceptional Circumstances or a new Paradigm for EU External Relations?1
FionaMacmillan, Intellectual and Cultural Property: Between Market and Community, Abingdon, Routledge, 2021, 232 pp, hb £120 e‐book £25.891
A Tale of Two Cases and a Story Yet Untold: Access to Justice and Legal Advice under the Civil Limb of Article 6 ECHR1
CatherineMitchell, Vanishing Contract Law: Common Law in the Age of Contracts, Cambridge, Cambridge University Press, 2022, 259 pp, hb, £85.001
Constitutive Powers of Executive Bodies: a Functional Analysis of the Single Resolution Board1
Performative Environmental Law1
ElizabethAgnew, Cyberbullying and Sexting: Regulatory Challenges in the Digital Age, Oxford: Hart Publishing, 2023, 197 pp, hb £59.501
Cormac S.Mac Amhlaigh, New Constitutional Horizons: Towards a Pluralist Constitutional Theory, Oxford, Oxford University Press, 2022, xi + 256pp, hb £70.001
A Pyrrhic Victory for Unjust Enrichment in Singapore? Esben Finance Ltd v Wong Hou‐Lianq Neil1
Knowing receipt: continuing trusts and conscionability Byers v Saudi National Bank1
Directly Discriminatory Algorithms1
Coercive Human Rights and the Forgotten History of the Council of Europe's Report on Decriminalisation1
Non‐Traditional Families and the Tenacity of Motherhood: Re C (Surrogacy: Consent) and Re Z (Surrogacy: Step‐Parent Adoption)1
The Law of Central Bank Reserve Creation1
Rights‐Restricting Rhetoric: The Overseas Operations (Service Personnel and Veterans) Act 20211
A New Definition of ‘Treasure’ under the Treasure Act 1996: Watershed Reform or Missed Opportunity?1
Octavio L.M. Ferraz, Health as a Human Right: The Politics and Judicialisation of Health in Brazil, Cambridge: Cambridge University Press, 2021, xxii + 340 pp, hb £85.00.1
Jacqueline Kinghan, Lawyers, Networks and Progressive Social Change: Lawyers Changing Lives, Oxford, Hart Publishing, 2021, 209 pp, (hb), £65.00.1
Issue Information1
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
Zedra Fiduciary Services (UK) Ltd v Attorney General: the Contemporary Scope of the Statutory Cy‐près Doctrine1
Regulatory Agencies and the Inclusion Trilemma1
Falling into Line? The Hostile Environment and the Legend of the ‘Judges’ Revolt’1
Employment Status and Human Rights: An Emerging Approach1
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Proof of Foreign Nationality and Citizenship Deprivation: Pham and Competing Approaches to Proof in the British Courts1
BeckyBatagol, KateSeear, HeliAskola and JamieWalvisch (eds), The Feminist Legislation Project: Rewriting Laws for Gender‐Based Justice, London, Routledge, 2024, 392 pp, hb, £145.001
Issue Information1
Expertise, Public Health and the European Convention on Human Rights: Vavřička v Czech Republic0
Hauptpersonalrat der Lehrerinnen: Article 88 GDPR and the Interplay between EU and Member State Employee Data Protection Rules0
Adieu to Attribution0
A Legal Framework for Using Smart Contracts in Consumer Contracts: Machines as Servants, Not Masters0
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Universal Jurisdiction: Law out of Context0
(Un)reasonable excuses – On R v Dunleavy, R v Copeland, and Section 580
Will the New UK Subsidy Control Regime Help ‘Level Up’ the Economy?0
The Heathrow Case in the Supreme Court: Climate Change Legislation and Administrative Adjudication0
Why Offences Specific to Prostitution are Unjustified0
Varying Contracts – Consideration, Form and Reality0
Squaring the Circle? Regional Airport Expansion, Climate Change and the Planning Regime0
Melvin A.Eisenberg, Legal Reasoning, Cambridge, Cambridge University Press, 2022, 117 pp, pb, £22.990
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THE MODERN LAW REVIEW0
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The Evolution of Birth Registration in England and Wales and its Place in Contemporary Law and Society0
William Rodolph Cornish (1937‐2022)0
‘If I Would Stay Alive, I Would Be Their Voice’: On the Legitimacy of International People's Tribunals0
Efobi v Royal Mail Group: Much Ado About Nothing?0
Re‐thinking the Mental Capacity Act 2005: Towards the Next Generation of Law0
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The Rights and Wrongs of No‐Platforming0
The Electrical Contractors Case: Irish Supreme Court Illuminates Collective Bargaining and Delegated Legislation0
MihneaTănăsescu, Understanding the Rights of Nature: A Critical Introduction, Bielefeld: transcript Verlag, 2022, 165 pp, pb, €40.00.0
Niamh Moloney, The Age of ESMA – Governing EU Financial Markets, Oxford: Hart Publishing, 2018, 392 pp, hb £81.000
Hidden Delegations: The Assignment of Contractual Rights and Consumer Debt0
Between Microeconomics and Geopolitics: On the Reasonable Application of Competition Law0
KaiAmboset al, Core Concepts in Criminal Law and Criminal Justice, Volume 1: Anglo‐German Dialogues, Cambridge: Cambridge University Press, 2020, 504 pp, hb £1100
ImmiTallgren(ed), Portraits of Women in International Law: New Names and Forgotten Faces?Oxford: Oxford University Press, 2023, 560pp, hb £140.000
Law School 2061Ψ0
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
Joseph Raz as a Political Philosopher0
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 $26.000
Meghan Campbell, Women, Poverty, Equality: The Role of CEDAW, Oxford, Hart Publishing, 2018, 328pp, eBook £27.000
Jonas‐SébastienBeaudry, The Disabled Contract: Severe Intellectual Disability, Justice and Morality, Cambridge: Cambridge University Press, 2021, xix + 314 pp, hb £85.000
The Human Fertilisation and Embryology Act 1990 and Non‐Traditional Families0
Undue Influence and Will Substitutes: Vitiating Transactions that Blur the Boundaries between Life and Death0
Reconciling Contract Law's Objective and Subjective Standards0
S. Cowan, C. Kennedy and V. Munro (eds), Scottish Feminist Judgments: (Re)Creating Law from the Outside In, Oxford: Hart Publishing, 2020, 472pp, hb £95.000
Reframing the English Foreign Act of State Doctrine0
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
Examining the Structure of Remedial Law0
IyiolaSolanke(ed), On Crime, Society, and Responsibility in the work of Nicola Lacey, Oxford: Oxford University Press, 2020, xi+ 268 pp, hb £80.000
Rights, Common Good, and the Separation of Powers0
Machine Learning and the Re‐Enchantment of the Administrative State0
Chilling and Warming Effects on the Production of Legal Scholarship0
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Boycott, Resistance and the Law: Cause Lawyering in Conflict and Authoritarianism0
Recognising What is Lost in Reproductive Harms: Whittington Hospital NHS Trust v XX0
Imprisoned at Work: The Impact of Employee Monitoring on Physical Privacy and Individual Liberty0
Ordoliberalism: What We Know and What We Think We Know0
Smith v Fonterra and the Climatisation of Tort Law0
S.Paterson, Corporate Reorganization Law and Forces of Change, Oxford University Press, 2020, 320 pp, hb £80.000
Unreasonably Limiting Recourse to the Courts? R (on the application of Haworth) v HMRC0
Simon Deakin and Christopher Markou (eds), Is Law Computable: Critical Perspectives on Law and Artificial Intelligence, Oxford: Hart Publishing, 2020, xxi + 320 pages, hb £72.000
KieranMcEvoy, LouiseMallinder and AnnaBryson, Lawyers in Conflict and Transition, Cambridge: Cambridge University Press, 2022, 300 pp, hb, £85.00.0
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Human Trafficking, SM v Croatia and the Conceptual Evolution of Article 4 ECHR0
Medicinal Cannabis Prescribing: A Study of Boundary Work and Medico‐Legal Risk0
The Costs of Contractual Certainty: RTI v MUR Shipping0
The View from the Top: Visual Intrusion as Nuisance in Fearn v Tate Gallery0
Citizen Led Policing in the Digital Realm: Paedophile Hunters and Article 8 in the case of Sutherland v Her Majesty's Advocate0
The Challenge of ‘Factual Hard Cases’ for Guilty Plea Regimes0
Sovereignty and the Persistence of the Aesthetic0
Police Use of Retrospective Facial Recognition Technology: A Step Change in Surveillance Capability Necessitating an Evolution of the Human Rights Law Framework0
Mobilising the Market: An Empirical Analysis of Crowdfunding for Judicial Review Litigation0
Historiography and Constitutional Adjudication0
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KeithEwing, Joan Mahoney and Andrew Moretta, MI5, the Cold War and the Rule of Law, Oxford, OUP, 2021, 511pp, hb £84.000
Issue Information0
Is Interference with a Corpse for Procreative Purposes a Criminal Offence?0
The Rule of Law and Full‐Bodied Promulgation0
Douglas Morris, Legal Sabotage: Ernst Fraenkel in Hitler's Germany, Cambridge: Cambridge University Press, xv + 235 pp, hb, £85.000
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Cart Challenges, Empirical Methods, and Effectiveness of Judicial Review0
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Making Law Possible0
JamesThornton, Criminal Justice in Austerity: Legal Aid, Prosecution and the Future of Criminal Legal Practice, London: Bloomsbury Publishing, 2023, 192 pp, hb £85.000
The Connection‐Friction Axis in Devolved Health Policy and Law‐Making in the UK: A Case Study of Organ Donation0
What Makes Property Liberal?0
ColinKing and JenniferHendry, Civil Recovery of Criminal Property, Oxford: Oxford University Press, 2023, 240 pp, hb £90.000
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, hb0
The Aims and Functions of Criminal Law0
LeahTrueblood, Referendums as Representative Democracy, London, Bloomsbury Publishing, 2024, 168 pp, hb £76.500
The International Extension of Denial of Justice0
Redefining Compensation under International Law: the Methodology of the International Court of Justice in DRC v Uganda0
Citizenship Stripping, Fair Procedures, and the Separation of Powers: A Critical Comment on Damache v Minister for Justice0
THE MODERN LAW REVIEW0
Legal Parenthood, Novel Reproductive Practices, and the Disruption of Reproductive Biosex0
Skeleton Keys to Hospital Doors: Adolescent Adults who Refuse Life‐Sustaining Medical Treatment0
‘Palm Tree Justice’: The Inherent Jurisdiction in Adult Welfare Cases0
HeatherDouglas, KateFitz‐Gibbon, LeighGoodmark and SandraWalklate (eds), The Criminalization of Violence Against Women: Comparative Perspectives, Oxford: OUP, 2023, 344 pp, hb £59.000
S.Fredman, Comparative Human Rights Law, Oxford: Oxford University Press, 2018, 512 pp, pb £47.490
LukeRostill, Possession, Relative Title and Ownership in English Law, Oxford: Oxford University Press, 208 pp, hb £90.000
Plainly Wrong0
Sevilleja v Marex Financial Ltd: Reflective Loss and the Autonomy of Company Law0
KathrynMcNeilly and BenWarwick (eds), The Times and Temporalities of International Human Rights Law, Oxford: Hart Publishing, 2022, 240 pp, hb, £85.000
Deceptive Sex: Rethinking Consent from the Gender Margins0
Back to School: Matthew Kramer's Freedom of Expression as Self‐Restraint0
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False Beliefs and Consent to Sex0
Fat Cats, Production Networks, and the Right to Fair Pay0
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Making Constitutionalism Progressive Again: A Primer on City Constitutionalism and State (Re)Formation in a New Constitutional Geography0
JessieBlackbourn, FionadeLondras and LydiaMorgan, Accountability and Review in the Counter‐Terrorist State, Bristol: Bristol University Press, 2020, 192 pp, pb £27.990
Anxieties about International Law: Law Debenture v Ukraine0
C v D: A Missed Opportunity to Clarify the Distinction Between Jurisdiction and Admissibility0
Issue Information0
Are Litigants, Trials and Precedents Vanishing After All?0
The Independence of Justice in the Cauldron of International Relations0
RobertStevens, The Laws of Restitution, Oxford: Oxford University Press, 2023, 496pp, hb £90.000
Intellectual Property Absurdism or: How I Learned to Stop Worrying and Love IP0
Prisoner Voting in the United Kingdom: An Empirical Study of a Contested Prisoner Right0
Michael Legg and Felicity Bell, Artificial Intelligence and the Legal Profession, Oxford: Hart Publishing, 2020, 408 pp, hb £75.000
Countering Terrorism in the Family Courts: A Dangerous Development0
Children, Families and Social Security: Eleanor Rathbone's Welfare Legacy0
E Christodoulidis, The Redress of Law: Globalisation, Constitutionalism and Market Capture, Cambridge: Cambridge University Press, 2021, 350 pp, pb £34.990
JoBraithwaite, The Financial Courts: Adjudicating Disputes in Derivatives Markets, Cambridge: Cambridge University Press, 2020, 400pp, hb £95.000
The Second‐class Citizen in Legal Theory0
DeFi Common Sense: Crypto‐backed Lending in Janesh s/o Rajkumar v Unknown Person (‘CHEFPIERRE’)0
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CORRIGENDUM0
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S.Degeling, M.Crawford and N.Tiverios(eds), Justifying Private Rights, Oxford: Hart Publishing, 2020, vii + 283pp, hb £80.000
The UK GDPR, the Immigration Exception and Brexit: Interrogating Open Rights Group v Secretary of State for the Home Department and its Aftermath0
Managing Allegations Concerning Black and Asian Police Officers, Cultural Competence and Reflective Practice under the Police (Conduct) Regulations 20200
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Human Trafficking: Iconic Victims, Folk Devils and the Nationality and Borders Act 20220
Legal Protection Against Destitution in the UK: the Case for a Right to a Subsistence Minimum0
The Possibility of Lawful Act Economic Duress:  Pakistan International Airlines Corp v Times Travel (UK) Ltd0
Unpicking Torts: Elements, Conditions of Actionability and Standing Rules0
Consumer Value as the Key to Trade Mark Functionality0
RobertSpano, IuliaMotoc, BrankoLubarda, Paulo PintodeAlbuquerque, MarialenaTsirli(eds), assisted byAikateriniLazana, Fair Trial: Regional and International Perspectives/Procès équitable: perspe0
When our Paths Cross Again: The Supreme Court's Management of Related Asylum and Child Abduction Claims in G v G0
The Evolution Of Elucidation: The Snowden Cases Before The Investigatory Powers Tribunal0
Accidents, Crises, and Events in the Supreme Court: Paul v Royal Wolverhampton NHS Trust0
The Law at an Intersection: A Meeting of Attribution, Criminal Law, and the Constructive Trust0
Governing Intersystemic Systemic Risks: Lessons from Covid and Climate Change0
The Omissions Doctrine after Tindall v Chief Constable of Thames Valley Police0
Promises in Equity and at Law: Proprietary Estoppel after Guest v Guest0
The Continuity of a Legal System0
The New Responsive Constitutionalism0
Corrigendum to ‘Constitutional Directives: Morally‐Committed Political Constitutionalism’0
Two Ways of Looking at a Printed Book0
R. Catterwell, A Unified Approach to Contract Interpretation, Oxford: Hart Publishing, 2020, 320 pp, hb £72.000
Equity before ‘Equity’0
Authorising Crime: The Covert Human Intelligence Sources (Criminal Conduct) Act 20210
Beyond Doubt: The Case Against ‘Not Proven’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 £125.000
Debtholder Stewardship0
Ways of Explaining Law0
Administrative Law as a Source of Rights0
Institutional Choice in the Internal Market0
Presumptions of Legislative Intent in R (Coughlan) v Minister for the Cabinet Office0
Guilty Plea Decisions: Moving Beyond the Autonomy Myth0
Public (Trust) Rights in Open Space: Day v Shropshire Council0
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