While much criticism has surrounded the seemingly incoherent law governing decision-making for adolescents, relatively little work has sought to address the question of whether and when adolescents will be acting autonomously in decisions to refuse treatment. This paper will examine how different accounts of autonomy and authentic choice map onto the psychological development of adolescents.
At the heart of the use of assisted reproductive technologies (ARTs) is the attempt to realise a commonly anticipated future – the opportunity, if desired, to create and raise a genetically related child. For some, existing ARTs cannot assist, yet upcoming ones such as in vitro derived gametes (IVGs) may do so. This article presents the moral and legal case for the legalisation of IVGs.
Birth registration, especially the birth certificate, is consistently framed as something which has always operated to document a person's parents and their (biogenetic) ‘origins’. This framing has become more prominent in recent years with the rise in (often queer) families challenging how law should register their families, often being unsuccessful. Analysing the history of birth registration, though, suggests this framing of birth registration is inaccurate.
This article proposes a way to reframe the English foreign act of State doctrine. The doctrine is an established rule of English common law but its contours and application remain ill-defined, despite the Supreme Court's restatement in Belhaj v Straw. This article argues that English courts should reframe the doctrine by reference to the distinction between elements of a rule that are embedded in its definition, called ‘limitations’, and elements of a rule that exist separately from it, called ‘exceptions’.
Machine learning algorithms present substantial promise for more effective decision-making by administrative agencies. However, some of these algorithms are inscrutable, namely, they produce predictions that humans cannot understand or explain. This trait is in tension with the emphasis on reason-giving in administrative law. The article explores this tension.
What are the aims and functions of criminal law? This article examines what competing claims about criminal law's aims and functions might mean and examines how convincing these claims are when thus understood. It argues that, in each of the senses identified, criminal law has numerous aims and functions – more than all sides in the debate allow.
In Shazam, the Intellectual Property Enterprise Court found for the first time in UK copyright law that a literary character was a discrete copyright work separate from the script containing it. This case note explains why this is a mistaken and troubling precedent which is doctrinally confused, misconceives the nature of literary characters, abdicates the infringement analysis, and is tantamount to protecting ideas.
Irish judges have tended to ‘jealously guard’ the judicial power: it is they who get to decide what counts as fair procedure in this or that non-judicial body – not the non-judicial actors operating at the coalface. But in Zalewski, a majority of the Supreme Court has signaled a shift away from the rigid judicial ‘centralism’ that has prevailed for a century in the Irish legal system.
On 30 March 2023, the CJEU ruled for the first time on the interpretation of Article 88 GDPR, which gives Member States the power to provide for more specific rules on employee data processing. This note examines the far-reaching implications of the ruling.
The Lawful Forest is an insurrectionary plotting of the history of enclosure and the commons, one that tracks junctures across the appropriation and commodification of land and resultant global capitalism, within the history of the common law, betwixt and between colonisers and those colonised.
Animal Rights Law is the first textbook of its kind to explore the field of animal rights from a global perspective. Fasel and Butler seek to address the question of whether animals have (or indeed should have) legal rights.
Centering temporality can meaningfully add to our understanding of human rights. The purpose of this volume is to advance critical understandings of the subject. In this respect, the volume can be read as an exposition of both the promise and perils of critical legal theory in the present moment.
| Published | March 2024 |
|---|---|
| Frequency | Bi-Monthly |
| Volume | 87 |
| Issue | 2 |
| Print ISSN | 0026-7961 |
| Online ISSN | 1468-2230 |
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