The Review

May 2020 Issue

articles

Border Problems: Mapping the Third Border

The Internet has become the site of economically relevant objects, events and actions, as well as the source of potential risks to the financial systems. This article builds on a metaphor of ‘border problems’ in financial regulation, exploring a ‘third border’ between the ‘real world’ and ‘cyberspace’—a virtual domain of human interaction facilitated and conditioned by digital communications systems.

Jason Grant Allen & Rosa María Lastra

Will Gender Self‐Declaration Undermine Women's Rights and Lead to an Increase in Harms?

This article considers and rejects claims that reform of the Gender Recognition Act 2004 (GRA) to allow gender self‐declaration will undermine non‐trans women's rights and lead to an increase in harms to non‐trans women. The article argues that these claims are founded on a mistaken understanding of the proper legal relationship between the GRA and the Equality Act 2010 (EA), and that the harm claim, in any event, lacks a proper evidential basis.

Alex Sharpe

It Ain't Necessarily So: A Legal Realist Perspective on the Law of Agency Work

Analysis of UK employment and labour law is often characterised by a curious dissonance. The overarching narrative mandates that labour law is a countervailing force to the inequality of bargaining power, and yet, labour law jurisprudence tends to treat with respect, and seeks to decipher, abstract statutory concepts and tests derived from judicial pronouncements as if they were a ‘brooding omnipresence in the sky’. This paper seeks to bridge that gap, by offering a legal realist account of the legal doctrine that governs the employment of agency workers, focusing on the ‘necessity’ and ‘sham’ tests.

Amir Paz‐Fuchs

legislation

cases

review article

book reviews

Review of Heller, Hermann and Dyzenhaus, David, Sovereignty: A Contribution to the Theory of Public and International Law, Belinda Cooper (trans), Oxford: Oxford University Press, 2019, 189 pp incl. index, hb £70.00.

Dyzenhaus has overseen the project of publishing an English translation of Heller’s 1927 book on sovereignty. That Heller continues to be read by English scholars today is entirely down to Dyzenhaus’ admirable determination. Heller’s main propositions would be categorically rejected by Dyzenhaus, but they are central themes in the conception of public law as political jurisprudence I have been seeking to restore.

Martin Loughlin

Review of Reyes, Javier, Reframing Corporate Governance: Company Law Beyond Law and Economics, Cheltenham: Edward Elgar Publishing, 2018, 256 pp, hb £72.00.

Has contemporary corporate governance lost its way in the mainstream tide of law and economics? Is corporate governance more appropriately situated in the realm of political philosophy rather than law and economics, with greater emphasis needed on Bentham and Marx as opposed to Berle and Means? In Reframing Corporate Governance, Javier Reyes answers both questions with a resounding yes.

Jonathan Chan

Review of Wagner, Ben, Kettemann, Mattias C., Vieth, Kilian(eds), Research Handbook on Human Rights and Digital Technology, Cheltenham: Edward Elgar Publishing, 2019, 461 pp, hb £162.00.

There is a need for the literature to continue to build a critical debate about the regulation of digital technologies, in all their variety and complexity, that places the person, in all their complexity, at the centre. The Research Handbook on Human Rights and Digital Technology makes a valuable contribution to building such a literature.

Oliver Butler

Review of Gonzalez Salzberg, Damian A., Sexuality and Transsexuality Under the European Convention on Human Rights: A Queer Reading of Human Rights Law, Oxford: Hart Publishing, 2019, xviii + 248 pp, hb £58.32.

Damian Gonzalez-Salzberg’s recent book offers a cogent reading and critique of almost 40 years of caselaw on sex, gender, and (homo)sexuality at the European Court of Human Rights (ECtHR). Gonzalez-Salzberg demonstrates that the ECtHR
still subscribes to a number of concerning (or even alarming) ideas about gender, sexuality, marriage, and family, using queer theory to highlight these problems.

Jeffrey A. Redding

Review of Öberg, Jacob, Limits to EU Powers: A Case Study of EU Regulatory Criminal Law, Oxford: Hart Publishing, 2017, 256 pp, hb £70.

Existing scholarly writing on the CRPD has largely been on selective substantive provisions or on the impact of the CRPD. This is the first exhaustive commentary on the CRPD, and the editors have carried out the mammoth task of bringing more than 52 contributors together to work on this book, resulting in a fantastic resource for scholars on disability rights.

Valsamis Mitsilegas

The Review

Published May 2020
Frequency Bi-Monthly
Volume 83
Issue 3
Print ISSN 0026-7961
Online ISSN 1468-2230

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