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Viewing: Blog Posts Tagged with: Law, Most Recent at Top [Help]
Results 1 - 25 of 492
1. India’s unique identification number: is that a hot number?

Perhaps you are on your way to an enrollment center to be photographed, your irises to be screened, and your fingerprints to be recorded. Perhaps, you are already cursing the guys in the Unique Identification Authority of India (UIDAI) for making you sweat it out in a long line.

The post India’s unique identification number: is that a hot number? appeared first on OUPblog.

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2. How much money does the International Criminal Court need?

In the current geopolitical context, the International Criminal Court has managed to stand its ground as a well-accepted international organization. Since its creation in 1998, the ICC has seen four countries refer situations on their own territory and adopted the Rome Statute which solidified the Court's role in international criminal law. Is the ICC sufficiently funded, how is the money spent, and what does this look like when compared to other international organisations?

The post How much money does the International Criminal Court need? appeared first on OUPblog.

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3. Preparing for IVR 2015

The XXVII World Congress of the International Association for the Philosophy of Law and Social Philosophy (IVR) will take place 27-31 July 2015 at Georgetown Law Center in Washington, DC. This year’s theme -- “Law, Reason, and Emotion” -- focuses on the nature and function of law.

The post Preparing for IVR 2015 appeared first on OUPblog.

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4. Indirect discrimination in US and UK law

The set of (relatively) liberal recent pronouncements from the United States Supreme Court features a judgment in Texas Department of Housing v Inclusive Communities Project(2015). The Court, by a slender majority, held that the Fair Housing Act 1968 prohibited not just disparate treatment (direct discrimination in UK law), but also disparate impact (indirect discrimination), based on race.

The post Indirect discrimination in US and UK law appeared first on OUPblog.

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5. Disney Lawyers Think China’s ‘Autobots’ Looks Like ‘Cars’

"The Autobots" was a flop with Chinese audiences, but Disney lawyers are watching it closely.

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6. The Urgenda decision: balanced constitutionalism in the face of climate change?

Over the coming months and years, much will undoubtedly be written about Urgenda v Netherlands, the decision by a District Court in the Hague ordering the Dutch Government to ‘limit or have limited’ national greenhouse gas emissions by at least 25% by 2020 compared to the level emitted in 1990. A full analysis of the decision is due to appear in the Journal of Environmental Law before the end of the year, but given the myriad of legal issues thrown up by the case, it deserves the close and immediate attention of a wide community of scholars and practitioners.

The post The Urgenda decision: balanced constitutionalism in the face of climate change? appeared first on OUPblog.

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7. Policing – the new graduate career path?

As anyone who has experienced the very best of the British policing profession could attest, high quality policing can contribute to the transformation of a community, laying the foundations for flourishing neighbourhoods and the lives of those who live there. It is Police Now’s overarching aim to contribute to the creation and development of safe, confident communities in which people can thrive. Our Theory of Change is that by attracting Britain’s best graduates to a policing career, training them intensively as community leaders, and then deploying them as police officers in those communities who need us most, we can have a disproportionate impact.

The post Policing – the new graduate career path? appeared first on OUPblog.

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8. The curious case of competition and quality

Why should firms compete? The belief is that through competition society benefits with lower prices, better quality and services, and more innovation. Indeed, anyone who frequents restaurants or hotels protected from competition can recount the inferior meal, poor service, and high price. By contrast, in a competitive environment we expect more quality, for less.

The post The curious case of competition and quality appeared first on OUPblog.

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9. Children’s voices in family law conflicts

Children are commonly recognized as separate human beings with individual views and wishes worthy of consideration. Their ability to freely express these views and wishes constitutes the concept of child participation, defined by Article 12 of the United Nations Convention on the Rights of the Child as the right of children capable of forming their own views to be able to express themselves freely in all matters affecting their lives.

The post Children’s voices in family law conflicts appeared first on OUPblog.

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10. Rihanna, the Court of Appeal, and a Topshop t-shirt

Can a fashion retailer take a photograph of a celebrity, print it on a t-shirt and sell it without the celebrity’s approval? Yes, but sometimes no – not when the retailer has previously gone out of its way to draw a connection between its products and that celebrity, in this case Robyn Fenty, aka Rihanna. How did this begin?

The post Rihanna, the Court of Appeal, and a Topshop t-shirt appeared first on OUPblog.

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11. South Africa and al-Bashir’s escape from the ICC

Ten years after the UNSC’s referral of the situation in Darfur to the Prosecutor of the ICC, the sad reality is that all the main suspects still remain at large, shielded by their high position within the Government of Sudan.

The post South Africa and al-Bashir’s escape from the ICC appeared first on OUPblog.

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12. The US Supreme Court, same-sex marriage, and children

During the decades of debates over marriage equality in the United States, opponents centered much of their advocacy on the purported need to maintain marriage as an exclusively heterosexual institution in order to promote the well-being of children. It was therefore fascinating to see the well-being of children play a crucial role in the US Supreme Court’s ruling on the constitutionality of same-sex marriage bans in Obergefell v. Hodges, albeit not in the way opponents of marriage equality hoped.

The post The US Supreme Court, same-sex marriage, and children appeared first on OUPblog.

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13. Jeremy Phillips speaks to the Oxford Law Vox

In the second of Oxford’s new series of Law Vox podcasts, Jeremy Phillips, editor of Journal of Intellectual Property Law & Practice, describes how the field of intellectual property law looked when he started his illustrious intellectual property law career. Jeremy’s conversation with Law Vox also addresses how intellectual property evolved and grew to encompass many different features. He uses the analogy of Tracey Emin’s bed to explain how intellectual property touches many aspects of our lives without us consciously realising it.

The post Jeremy Phillips speaks to the Oxford Law Vox appeared first on OUPblog.

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14. The continuing benefits (and costs) of the Giving Pledge

The recent news about charitable contributions in the United States has been encouraging. The Giving Pledge, sponsored by Warren Buffett and Bill Gates, Jr., recently announced that another group of billionaires committed to leave a majority of their wealth to charity. Among these new Giving Pledgers are Judith Faulkner, founder of Epic Systems; Hamdi Ulukaya, founder of Chobani Yogurt; and Brad Keywell, a co-founder of Groupon. Moreover, Giving USA reported that charitable donations in 2014 reached an all-time high of $358 billion.

The post The continuing benefits (and costs) of the Giving Pledge appeared first on OUPblog.

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15. What marriage (equality) means

Like many, I’m still digesting the Supreme Court’s Obergefell decision—not just its text, but its personal and social significance. When I wrote Debating Same-Sex Marriage with Maggie Gallagher (Oxford University Press, 2012), only a handful of states permitted same-sex couples to marry. In the three years since, that handful grew to dozens; last Friday’s decision grows it to all 50. One striking thing about the decision itself is the importance of the definitional question: What is marriage?

One striking thing about the decision itself is the importance of the definitional question: What is marriage?

If the state prohibits same-sex couples from marrying, does it thereby interfere with their liberty, as the majority argues, or does it simply decline to grant them certain benefits? If the latter, is it treating them unequally—and thus violating the Equal Protection clause of the 14th Amendment—by privileging certain citizens without sufficient reason for the distinction? The answer depends on what marriage is. If marriage by definition requires (at least) one man and one woman, then same-sex “marriage” is impossible by definition, and one does not treat people unfairly by denying them something impossible.

The post What marriage (equality) means appeared first on OUPblog.

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16. City University London triumph at OUP BPP Moot 2015

Congratulations to City University's Charlotte Bellamy and Raphael Gray, who gave an exceptionally polished and professional performance and won the Oxford University Press (OUP) and BPP National Mooting Competition 2014-2015 on 25 June 2015. His Honour Judge Charles Gratwicke of Chelmsford Crown Court presided over the final and praised the hard work and depth of knowledge the students demonstrated. Indeed, it was the the closest final in years.

The post City University London triumph at OUP BPP Moot 2015 appeared first on OUPblog.

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17. Hedge funds and litigation: A brave new world

Hedge funds and other investment funds are emerging as sophisticated litigators, viewing litigation as an asset, which can create value and mitigate risk, rather than something to be avoided or feared. As a consequence, both the market and various legal systems are being disciplined and developed. How and why is this happening? Willing to litigate relentlessly and fearlessly, hedge funds will seek out and find gaps in documents and uncertainties in the law, and exploit them with ruthless efficiency, entering new legal territory and pushing the boundary of legal theories.

The post Hedge funds and litigation: A brave new world appeared first on OUPblog.

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18. Tensions in domestic and international criminal justice

In the wake of political violence, the International Criminal Court (ICC) has shown a clear and continued preference for multiple trials to be pursued at both a national and international level. The Court’s approach to complementarity and it’s reading of what constitutes ‘a case’ under Article 17 of its Statute lays the legal foundation for this move.

The post Tensions in domestic and international criminal justice appeared first on OUPblog.

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19. Just a face in the crowd

The widespread practice of uploading photographs onto internet social networking and commercial sites has converged with advances in face recognition technologies to create a situation where an individual can no longer be just a face in the crowd. Despite the intrusive potential of face recognition technologies (FRT), the unauthorised application of such technologies to online digital images so as to obtain identity information is neither specifically prohibited nor a critical part of the international law reform discourse.

The post Just a face in the crowd appeared first on OUPblog.

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20. Climate change and self-adapting law

How would law look different if we had always known about climate change? One difference - I would suggest - is that it would have been constructed so as to self-adapt to the changing context that it seeks to govern. What does it mean to self-adapt? An example of self-adapting law can be found in long term supply agreements.

The post Climate change and self-adapting law appeared first on OUPblog.

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21. How do we resolve reproductive material disputes?

Recent scientific advances have enabled us to have more control than ever over how and when we reproduce. However, these developments have resulted in serious legal discussions, raising the question: Do we lose the right to control what happens to our reproductive materials once they have left our body? Here, Jesse Wall discusses the courts' different approaches for such disputes and the justification for their decisions.

The post How do we resolve reproductive material disputes? appeared first on OUPblog.

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22. Top 5 most infamous company implosions

Since the global financial crisis in 2008, the world has paid close attention to corporations and banks around the world that have faced financial trouble, especially if there is some aspect of scandal involved. The list below gives a brief overview of some of the most notorious company implosions from the last three decades.

The post Top 5 most infamous company implosions appeared first on OUPblog.

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23. Hope, women, the police panchayat, and the Mumbai slums

The Mumbai slums have recently achieved a weird kind of celebrity status. Whatever the considerable merits of the film Slum Dog Millionaire and the best-selling book by Katherine Boo, Behind the Beautiful Forevers (now also a play and a film), these works have contributed to the making of a contemporary horror myth.

The post Hope, women, the police panchayat, and the Mumbai slums appeared first on OUPblog.

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24. India’s foreign policy at a cusp?

Is India’s foreign policy at a cusp? The question is far from trivial. Since assuming office, Prime Minister Narendra Modi has visited well over a dozen countries ranging from India’s immediate neighborhood to places as far as Brazil. Despite this very active foreign policy agenda, not once has he or anyone in his Cabinet ever invoked the term "nonalignment". Nor, for that matter, has he once referred to India’s quest for “strategic autonomy”.

The post India’s foreign policy at a cusp? appeared first on OUPblog.

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25. Wedding Days


When the Supreme Court's decision on marriage equality was announced, a friend who'd just heard a snippet of news texted me: "Is it true?"

"Yes," I replied. "My mothers' marriage must now be recognized in all 50 states."

This is true and wonderful. As others have pointed out, the ruling lets marriage just be marriage, without the modifiers that have dominated the discourse of the last fifteen years or so — it is no longer gay marriage or same-sex marriage or traditional marriage, just marriage. (Although marriage between two people only. Polyamory is still mind-bending to the mainstream.)

Inevitably, and immediately, there were countless thinkpieces written, plus plenty of grandstanding and righteous gnashing by people who disagreed with the Court's majority decision. Also, and just as inevitably, there were the folks who see marriage of any sort as a tool of neoliberalism and oppression. It really takes a special sort of self-righteousness to pour contempt on millions of people's celebrations. And as political strategy it's pretty stupid, since standing off to the side being Comrade Grumbly McGrumblepuss is not likely to build much of a movement. (Responding to "We're so happy!" with "NO! You are not ideologically pure!" has rarely led to good revolutions.) But hey, each to their own. I will defend to the death your right to be a wet, mildewy blanket.

But I get it, too. I have quite a few friends in committed relationships who have no desire to get married. (Now they can get harassed about their unmarried status in all the states unmarried straight couples can get harassed in!) And as much as I celebrated the ruling, because it has significant positive material consequences in the lives of so many people I know and love, as a contentedly single person I was unsettled by what Richard Kim called the "sentimental, barfy, single-shaming kicker" at the end of Justice Kennedy's written decision, in which Kennedy and the co-signing justices (one of whom, Elena Kagan, has never married) extol marriage as embodying "the highest ideals of love, fidelity, devotion, sacrifice and family", etc. Rebecca Traister writes:
This will come as news to the millions of people who aim their love, fidelity, sacrifice, and devotion high, but in directions other than at a spouse. “In forming a marital union, two people become something greater than they once were,” Kennedy continues, just hammering it home: Married partnership, according to the Supreme Court, is not only a terrific institution into which we rightly should welcome all loving and willing entrants, it is an arrangement which apparently improves the individuals who enter it, that makes them greater than they were on their own. Those who have previously not been allowed to marry, Kennedy avers, should not be “condemned to live in loneliness,” as if the opposite of marriage must surely be a life sentence of abject misery.
As Traister goes on to say, plenty of married people are lonely and plenty unmarried people are not. The freedom to marry must also include the freedom not to marry. Marriage isn't everything. But it's also not nothing.

I am thrilled for my mothers' marriage (which began as a civil partnership when that became legal in New Hampshire, and then turned into a marriage when the law changed) because it's a relationship that works well for them in all sorts of different ways, including the very real benefits it provides for taxes, health care, etc. It's what they need and what they want.

I don't ever expect to be married myself. I never have expected to. Even if I met somebody I wanted to settle down with (an alien idea to me at this point), I have a hard time imagining my personality changing enough to want the kind of celebration a wedding involves. I can imagine that at a certain point the legal and financial benefits become worthwhile, even if it's unfortunate that they must be codified in this particular institution, but wedding ceremonies are ... well, I'll just say it's okay if you don't invite me to your wedding and I hope you won't mind if I just send a card or gift or something instead of attending. But that's me. You should be happy in the ways you can be happy.

When the Supreme Court first agreed to hear Obergefell v. Hodges, my mother and I were driving somewhere and she asked, "Did you ever think this sort of thing would happen in your lifetime?" and I thought for a moment and replied, "I don't really remember what I expected, but I know I didn't expect it would be marriage!"

When I was a college student in New York in the mid-'90s, just getting acquainted with queer politics and activism, I vividly remember how much I loathed Andrew Sullivan and his book Virtually Normal. Sullivan was all respectability politics all the time, and he was exactly the sort of blithely bourgeois conservative queer I would have rather died than become. His vision was a powerful one, though, because he recognized that a lot of gay people, perhaps the majority, really really wanted to be respectable, really really wanted to enter into mainstream institutions, really really wanted not to revolutionize society but to be able to participate more equally in it. One hugely meaningful path toward mainstream respectability is marriage, which carries immense symbolic weight. More importantly, marriage is something so common to the traditions of everyday society that it is entirely legible and normalizing. To speak of someone as my husband or my wife is to add a whole set of immediately clear meanings to a relationship, even as those meanings shift over time. While people may be used to thinking of the husband or wife as the "opposite sex", it's not all that hard to begin to adjust, because the meaning of the words is so well established.

You'll still have to pry my copy of Michael Warner's The Trouble with Normal out of my cold, dead hands, but these days I better value the ways that normal can be reconstituted, the ways a million tiny revolutions can lead to something big. Giving a commencement speech at RISD recently, self-declared "filth elder" John Waters said, "I didn’t change. Society did." A worthy goal. Don't change yourself, change your world. Even if that change is incremental, even if it doesn't right all the economic and social wrongs of our ever so violently wrong economy and society.

I've just begun reading A Great Unrecorded History: A New Life of E.M. Forster by Wendy Moffat, which begins with a prologue telling the story of Christopher Isherwood's receipt of the manuscript of Maurice shortly after Forster died in 1970 at the age of 91. Isherwood had first read the manuscript in 1933, and for decades had encouraged Forster to publish it, but the best he could do was convince Forster to allow publication after his death. That was why he received a typescript of Maurice and some of Forster's unpublished homoerotic stories, which he immediately shared with John Lehmann, (an old friend who'd encouraged Leonard and Virginia Woolf to publish Isherwood's first novel, The Memorial):
The typescript was weighed down by the care so many had taken to preserve it for so long. It was heavy with a history of stealth. For six decades Forster had nurtured it in secret, painstakingly revising and adding chapters. He commissioned two wondrously named lady typists — Mrs. Jones and Mrs. Snatchfold — to copy the contraband manuscript in pieces, to protect them from the novel's secrets. He carefully kept track of each copy of the typescript, requesting that the chosen reader return it to a safely neutral location... Late in old age, when he was almost eighty-five, Forster reflected on the cost of this lifetime effort: "How annoyed I am with Society for wasting my time by making homosexuality criminal. The subterfuges, the self-consciousness that might have been avoided."
Heavy with a history of stealth.

More and more, that destructive, terrible need for stealth can be relegated to history, and the effort of bearing that history will be shared and thus less painful, less difficult. More and more, the energy necessary to survive in a world of hate, the energy that fueled subterfuges and self-consciousness, can be dispensed with or repurposed toward healthier, and perhaps even revolutionary, goals.

And we do still need those goals. Marriage equality is not queer liberation. Marriage equality is not economic justice. Marriage equality is not the end of racism, the end of transphobia, the end of violence. It is not universal health care, it is not a guaranteed living wage, it is not the abolition of police violence or the end of the New Jim Crow or a reconfiguration of how we think about punishment and mercy or any number of social changes that I, at least, desire.

But it is not nothing.

Nationalism and homonationalism reared up after the Supreme Court's ruling, perhaps most vividly with the Gay Men's Chorus of Washington, D.C. singing the paean to war that is the U.S. national anthem, and with the video of a conservative pundit proclaiming the marrying kind to be patriots, and with much else — but even as I resist it I'm still embroiled in our patriotic mythology, and I hope these sentiments can be put to good use. Seeing the pictures of the White House lit as a rainbow never fails to move me, and looking at newspaper front pages from every state declaring the decision was breathtaking — so many pictures of happy people embracing each other, kissing each other — across the country — images that not long ago would have been assumed to be somehow disgusting or even pornographic, presented alongside stories seething with superciliousness — but now so much of the superciliousness is gone, and the stories share the celebration — across the country—

Twenty years ago, did I ever think this sort of thing would happen in my lifetime? No, I can't say that I did. Were I to go back in a time machine and take some of those newspaper front pages to my self in the 1990s, what would that self say?

"Imagine that," he might say, shaking his head, bemused and perhaps a bit awed. "Imagine that..."

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