The Review

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articles

legislation

The UK Domestic Gas Electricity (Tariff Cap) Act: Re‐Regulating the Retail Energy Market

The UK retail energy market has witnessed multiple regulatory interventions since its liberalisation almost two decades ago, reaching their peak with the UK Domestic Gas Electricity (Tariff Cap) Act in July 2018. This article highlights the difficulties inherent in reconciling price caps – both practically and conceptually – with the competitive process and consumer empowerment.

Maria Ioannidou and Despoina Mantzari

cases

The Georgia State Litigation: Literal Copying in Education

This case note examines the long‐standing litigation against Georgia State University in relation to the posting, by faculty and library staff, of unauthorised copies of book extracts on the University's electronic reserves and virtual learning environment. This note discusses how market effect has been analysed in Georgia State, including the recent rejection by the Court of Appeals for the Eleventh Circuit of a strongly empirical approach to market harm.

Emily Hudson

review article

There is No Such Thing as a Safe Space

In Winning Arguments, Stanley Fish tells us that argument may sweep away the politico-legal frameworks, or normative worlds, we make and inhabit and that invest our lives with a sense of significance and security. Thus there is no ‘oasis’ or ‘safe space’ that is entirely secure. This article will not seek to gainsay this view. However, there are reasons for thinking that it may be possible to establish a normatively appealing, enduring, but not entirely safe politico-legal space.

Richard Mullender

book reviews

Review of Grégoire Webber, Paul Yowell, Richard Ekins, Maris Köpcke, Bradley W. Miller and Francisco J. Urbina, Legislated Rights: Securing Human Rights Through Legislation, Cambridge: Cambridge University Press, 2018, 209 pp, hb £85.00

Legislatures, as the authors of this book acknowledge, are not generally regarded by theorists, lawyers or citizens as the principal institutions for securing human rights. This task is generally credited to judges and courts. The aim of Legislated Rights is to challenge these perceptions, by dislodging the automatic presumption in favour of judicial oversight and emphasising the protective role that only legislatures can play in securing human rights.

Leah Trueblood

Review of A. E. L. Brown and Charlotte Waelde (eds), Research Handbook on Intellectual Property and Creative Industries, Cheltenham: Edward Elgar, 2018, 416 pp, hb £170.00.

Understanding the interface between creative industries and intellectual property goes beyond assessing the economic value of creativity, to encompass fuller consideration of the ways in which cultural industries generate social and cultural value. The editors
of this new research handbook on CI and IP law have curated a balanced and detailed volume on this fairly novel topic, featuring a multidisciplinary approach incorporating a range of perspectives including law, economics, history, philosophy and language studies.

Sabine Jacques

Review of Ratna Kapur, Gender, Alterity and Human Rights: Freedom in a Fishbowl, Cheltenham: Edward Elgar Publishing, 2018, 328 pp, £90.00

In international law, human rights are held out as the primary mechanism for achieving freedom Yet, all too often, the international
human rights framework operates to discipline, regulate and exclude the very subjects it purports to free. Ratna Kapur’s book, Gender, Alterity and Human Rights: Freedom in a Fishbowl, joins a growing body of critical scholarship that exposes the ‘dark side’ of human rights. But unlike other human rights critics who tend to follow their critique with a redemptive return to the human rights project, Kapur breaks free of the confines of the Western liberal ‘fishbowl’ and begins to explore alternative emancipatory pathways through an engagement with non-liberal epistemologies.

Claerwen O'Hara

Review of Christoph Kletzer, The Idea of a Pure Theory of Law, Oxford: Hart Publishing, 2018, 150 pp, hb £54.00

Any ordinary person with experience of the law knows it as a potentially force-bearing feature of the social landscape. In The Idea of a Pure Theory of Law, Christoph Kletzer works this intellectual seam, although Hans Kelsen and his predecessors and successors provide the raw material of the study. The book is an elegant, clear and admirably succinct defence of the pure theory of law and, in particular, of the claim that ‘law is an order of force or violence’.

William Lucy

Review of James Plunkett, The Duty of Care in Negligence, Oxford: Hart Publishing, 2018, xxiv + 256 pp, hb £55.00.

If timing is everything then James Plunkett has been unfortunate with the release date of this book. According to Plunkett, the duty of care element of the negligence enquiry is a ‘mess’ and the aim of this monograph is to ‘provide some much-needed clarity to the concept in the hope it will assist us in cleaning it up’. Alas, last year the United Kingdom Supreme Court stole a march on him with a series of decisions that have improved the intelligibility of this area of law. Fortunately, though, the approach adopted by the Supreme Court vindicates many of Plunkett’s arguments and so The Duty of Care in Negligence remains a must-read for all tort scholars.

Craig Purshouse

The Review

Published May 2019
Frequency Bi-Monthly
Volume 82
Issue 3
Print ISSN 0026-7961
Online ISSN 1468-2230

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