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Wrong about Rights: Public Knowledge of Key Areas of Consumer, Housing and Employment Law in England and Wales

This article examines public knowledge of rights in key areas relating to consumer, housing and employment law. Drawing on data from the 2010-2012 English and Welsh Civil and Social Justice Survey, the article presents findings highlighting a substantial deficit in individuals' understanding of legal rights and responsibilities.

Pascoe Pleasence, Nigel J Balmer, and Catrina Denvir


Metamorphosis in Hans Kelsen's Legal Philosophy

Two major questions stem from the fundamental shift in Hans Kelsen's legal philosophy that takes place in 1960 and the years thereafter: first, the scope of the shift and, second, its explanation. I argue that the shift is not limited to Kelsen's rejection of the applicability of logic to legal norms, but his earlier, wider rejection of Kant, and that it has a conceptual dimension as well as a historico-biographical dimension.

Stanley L Paulson


Consumer Redress Legislation: Simplifying or Subverting the Law of Contract

The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly to disrupt the private law landscape, increasing access to justice for consumers by a clear suite of rights, but also affecting core areas of private law rights and remedies. This paper examines the interaction of these bodies of law by analysing the relatively new consumer redress provisions in the Consumer Protection from Unfair Trading Regulations 2008 and general law principles.

Elise Bant and Jeannie Marie Paterson


A Director's Duty of Loyalty and the Relevance of the Company's Scope of Business: Cheng Wai Tao v Poon Ka Man Jason

The Hong Kong Court of Final Appeal has utilised a ‘scope of business’ inquiry to delineate the boundaries of the no-conflict rule for the company director. The decision is premised on a bifurcation between the no-conflict and no-profit rules, suggesting that the tests to determine breach of these fiduciary rules are not necessarily the same, thus permitting a more nuanced consideration of directorial breaches.

Pearlie Koh

MLR Forum

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The Past and Future of the World’s Smallest Global Court: Comments on Tracy Robinson and Arif Bulkan, ‘Constitutional Comparisons by a Supranational Court in Flux: The Privy Council and Caribbean Bills of Rights’ (2017) 80(3) MLR 379–411

Robinson and Bulkan make a convincing case that the past and present of Judicial Committee of the Privy Council is of great concern for the future constitutional orders of the Caribbean, Commonwealth and United Kingdom. This note further explores the historical context to understand that future and its politics.

Coel Kirkby

A Time Traveller’s Guide to Law and Finance: Comments on Carsten Gerner-Beuerle, ‘Law and Finance in Emerging Economies: Germany and Britain 1800–1913’ (2017) 80(2) MLR 263–98

This comment connects Gerner-Beuerle's article on the evolution of company and securities law to the 'law and finance school', exploring the problems of original 'law and finance' research, Gerner-Beuerle's contribution in this direction, and suggesting how and why we may need a 'time traveller's guide' to law and finance.

Mathias Siems

Keeping It Real? Comments on Kimberlee Weatherall, ‘The Consumer as the Empirical Measure of Trade Mark Law’ (2017) 80(1) MLR 57-87

Professor Weatherall’s thought-provoking critique of the selective resistance to empiricism in trade mark law is a significant and welcome intervention. But the existence of certain structural features suggests that only a qualified turn to empiricism is possible, and the broader engagement between Law and Science holds other cautionary lessons.

Dev S Gangjee

MLR news

September Issue now available

The September 2017 Issue of the Modern Law Review is now available. This issue features articles on justifications for the Quistclose Trust, a re-engagement with the task of questioning sovereignty in the EU, new empirical analyses of public knowledge of consumer, housing and employment law, and an examination of Kelsen’s philosophical development. Legislation and Case Notes examine consumer law and its impact on private law, the illegality defence in Patel v Mirza, and recent Hong Kong jurisprudence on directors duties. Reviews this month cover critical and mainstream approaches to ethics in criminal law, to rhetoric in medical law, to new theories of cosmopolitan justice.

July Issue now up

The July 2017 Issue of the Modern Law Review is now available. This issue features articles on the public morals exception in the GATT, fairness in debt restructuring and judicial responses to pricing consumer contracts and a legislative note on the Housing and Planning Act 2016. July 2017 also includes a special set of four case notes exploring different angles on the UK Supreme Court’s judgment in the Brexit case, R (Miller) v Secretary of State for Exiting the European Union. Finally, the review section features an essay on Eric Heinze’s new book on hate speech in democracies and shorter reviews of recent works on Foucault and the politics of rights, and the right to self-representation.

May Issue of the MLR now available

The May 2017 Issue of the Modern Law Review is now available. May 2017 includes research articles on constitutional comparativism, vexatious claims before employment tribunals, bounded discretion in EU law and the recent history of prisons and proportionality. It also includes legislation notes on insurance law reform, case notes on recent decisions on surveillance and insurance law, and eight book reviews covering a range of topics from legal theories of the state to vulnerable adults and the law.

MLR 3 days ago

RT @JeremiasPrassl: #accesstojustice is not a Commodity: the Justices will be watching. new piece w/ @abicadams on Unison v LC

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