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The Rise of Digital Justice: Courtroom Technology, Public Participation and Access to Justice

This article addresses a little discussed yet fundamentally important aspect of legal technological transformation: the rise of digital justice in the courtroom. While digital court tools and systems offer great promise for enhancing efficiency, participation and accessibility, they simultaneously have the potential to amplify the scope for injustice, and to attenuate central principles of the legal system, including somewhat paradoxically, access to justice.

Jane Donoghue

article

Taking Life and Liberty Seriously: Reconsidering Criminal Liability Under Article 2 of the ECHR

What is the relationship between the right to life and criminal liability, and what should it be, given the significance we rightly attribute both to human life and to human freedom? This article contends that the ECtHR's positive obligations to criminalise carries the potential of both coercive overreach and the dilution of the right itself, and proposes a way forward that takes both the right to life and human freedom seriously.

Natasa Mavronicola

legislation

The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?

The Conservative party has repeatedly pledged to replace the HRA with a British Bill of Rights, with the aim of ‘breaking the link’ between domestic courts and Strasbourg. This article examines the implications of this proposal, the nature of the current relationship with the European Court, and the extent to which the link has already been weakened.

Helen Fenwick and Roger Masterman

case

Unjust Enrichment in the ‘Fairchild Enclave’ International Energy Group Ltd v Zurich Insurance plc

In International Energy Group v Zurich Insurance, the Supreme Court considered the implications of the special rule in Fairchild v Glenhaven Funeral Services Ltd for insurers’ for employers’ liability. The majority recognised that the insurers were entitled to ‘equitable recoupment’ from insured-employers in respect of periods during which they were uninsured. This note critiques the recoupment right with an unjust enrichment lens.

K V Krishnaprasad

book review

Review of Allan Beever, A Theory of Tort Liability, Oxford and Portland, Oregon: Hart Publishing, 2016, 260pp, hb £55.00

In A Theory of Tort Liability, Allan Beever identifies a lacuna in modern tort theory and aims to fill it. What's missing is an explanation of tort law's substance—of why courts have recognised particular torts defined in particular ways. Even if one accepts, as Beever does, that the wrongs of tort law track and vindicate rights, one still needs an account of which rights, and of why it protects them on the terms that it does.

John Goldberg

book review

Review of Jesse Wall, Being and Owning: The Body, Bodily Material, and the Law, Oxford: Oxford University Press, 2015, 256pp, hb £60.00

Jesse Wall's carefully researched monograph shows how questions over ownership of bodily material have been handled in a classical common law fashion: each case being decided on its own merits, relying on closely defined custom and precedent, with a great deal of care taken to avoid the statement of general principles and the production of a unity of doctrine. But it also leaves many issues unclear and to some extent unpredictable.

Richard Ashcroft

book review

Review of Valsamis Mitsilegas, EU Criminal Law after Lisbon: Rights, Trust and the Transformation of Justice in Europe, Oxford: Hart Publishing, 2016, 336pp, hb £50.00

EU Criminal Law after Lisbon is a critical analysis of EU criminal law that should find itself on the bookshelves of any lawyer interested in the this ever-developing and increasingly important area of the law. It is not simply an account of institutional or constitutional changes implemented by the Treaty of Lisbon, but rather an examination of how the field of EU criminal justice has developed in its wake, and, above all, a critical account.

Stephen Coutts

book review

Review of John Armour, Dan Awrey, Paul Davies, Luca Enriques, Jeffrey N. Gordon, Colin Meyer and Jennifer Payne, Principles of Financial Regulation, Oxford: Oxford University Press, 2016, 648pp, hb £125.00

The publication of Principles of Financial Regulation is a welcome milestone for the study and research of ‘financial regulation’, drawing together major policy themes and regulatory techniques in many parts of financial regulation, and taking stock of the voluminous regulatory reforms post crisis.

Iris H-Y Chiu

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

November Issue now up

The articles, notes and reviews from the November issue of the Modern Law Review are now available. The issue features articles covering digital justice, the relationship between the right to life and criminal liability, the equal merit principle, and blockchain financial networks. A legislative note examines reforms to the Human Rights Act to ‘break the link’ with the ECtHR, and case notes examine recent decisions on ECHR fair trial rights and the UK ‘equitable recoupment’ right. A review essay examines a new biography of Otto Kahn-Freund, and book reviews cover works on legal interpretation, tort theory, bodily material and the law, EU contemporary criminal law, and financial regulation.

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.

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