The Review

September 2019 Issue

articles

Trust Parties’ Uniquely Easy Access to Rescission: Analysis, Critique and Reform

Parties to trusts currently enjoy easier access to judicial avoidance of voluntary dispositions resulting from mistakes and inadequate decision‐making than other persons. The article argues that this advantage is normatively unjustified, and recommends a uniform legal framework to govern the avoidance of voluntary dispositions resulting from mistakes or inadequate decision‐making, whether or not a trust was involved.

Adam Hofri‐Winogradow & Gadi Weiss

From Planning to Prototypes: New Ways of Seeing Like a State

All states have pursued what James C. Scott characterised as modernist projects of legibility and simplification: maps, censuses, national economic plans and related legislative programs. The synoptic style of law and development has changed. Governments, NGOs and international agencies now aspire to draw upon immense repositories of digital data. Modes of analysis too have changed. Effective critical intervention in this field today requires careful attention to be paid to these emergent patterns of practice.

Fleur Johns

Religious Freedom and Religious Antidiscrimination

This article develops a theoretical framework that prompts a new understanding of the role of religious freedom and religious antidiscrimination in human rights law. The proposed framework illuminates the relationship of individual and collective aspects of religious freedom with discrimination law. The analysis has crucial implications for human rights interpretation in cases involving state interference with liberty, in relation to religion or belief, and more broadly.

Ilias Trispiotis

legislation

Improving Housing Conditions in the Private and Social Rented Sectors: The Homes (Fit for Human Habitation) Act 2018 ‐ Fit for Habitation but Fit for Purpose?

This article examines the key provisions of the Homes (Fit for Human Habitation) Act 2018, a significant piece of housing legislation which has the potential to transform the lives of those renting homes in both the private and social sectors in England. This article identifies the key deficiencies within the current legal framework around fitness for human habitation and explores how far the 2018 Act meets these challenges; set against the febrile backdrop of an acute housing crisis and the Grenfell Tower tragedy.

Chris Bevan

cases

Equal Civil Partnerships, Discrimination and the Indulgence of Time: R (on the application of Steinfeld and Keidan) v Secretary of State for International Development

In R (on the application of Steinfeld and Keidan) v Secretary of State for International Development the Supreme Court unanimously declared that the ban on different‐sex civil partnerships was incompatible with Articles 8 and 14 of the European Convention on Human Rights. The decision represents a clear victory for those campaigning for reform.

Andy Hayward

review article

The Non‐Existence of Markets in the Economic Analysis of Law à la Mode

Eric Posner and E Glen Weyl's Radical Markets contains an argument for the, in a sense, abolition of private property and for the, in a sense, obsolescence of consumer choice. The interest it has for the readers of this journal is the illustration it provides of the degradation of the concept of ‘the market’ in regulatory theory and its indication of a form the further degradation of that concept may well take.

David Campbell

book reviews

Review of Wilcox, Vanessa, A Company's Right to Damages for Non‐Pecuniary Loss, Cambridge: Cambridge University Press, 2016, 192pp, hb £72.99, pb £21.99.

This book is the first work in English legal literature on the subject it addresses. This research is particularly interesting not only for its scholarly ambition to address a significant gap in the law of damages, but also for its impressive scope, covering both English law and the jurisprudence of the European Court of Human Rights. The book promotes a notably progressive understanding about a wider recovery of damages for non-pecuniary losses.

Zlatin Zlatev

Review of Giannoulopoulos, Dimitrios, Improperly Obtained Evidence in Anglo‐American and Continental Law, Oxford: Hart Publishing, 2018, xxxv + 292 pp, hb £65.00.

Based on a doctoral thesis written in French, this is a thoroughly researched and comprehensively argued text. Giannoulopoulos uses the examples of France, Greece, England and Wales, and the United States to provide a unique comparative perspective on two main categories of improperly obtained evidence: evidence obtained in a manner that violates privacy and unlawfully obtained confessional evidence. This analysis builds up to a finale calling for a reinvigoration of what he terms the ‘rights thesis’, which places rights first and truth second.

Nina H. B. Jørgensen

Review of Yalnazov, Orlin, Precedent and Statute: Lawmaking in the Courts versus Lawmaking in Parliament, Wiesbaden: Springer, 2018, 345 pp, pb £69.99.

For a long time now, it has been a settled point in law and economics that the common law is efficient and that the civil law is not. Most authors in that tradition treat the ‘the efficiency of common law hypothesis’ as an axiom. Precedent and Statute challenges that very hypothesis. The challenge is robust and original, and ambitious in both method and scope.

Alberto Quintavalla

The Review

Published September 2019
Frequency Bi-Monthly
Volume 82
Issue 5
Print ISSN 0026-7961
Online ISSN 1468-2230

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