Results 191 to 200 of about 20,072,546 (337)

Intellectual Property Restitution

open access: yesThe Modern Law Review, EarlyView.
In Europe, open GLAM movements and cultural restitution reforms are overlooking a crucial aspect that should not be underestimated: what should happen to the archival materials, digital collections and intellectual property that are indelibly linked to cultural property.
Andrea Wallace, Mathilde Pavis
wiley   +1 more source

X v The Lord Advocate: Challenges and Concerns for Vicarious Liability

open access: yesThe Modern Law Review, EarlyView.
In X v The Lord Advocate, the Supreme Court of the United Kingdom held that the Crown cannot be vicariously liable for torts committed by judges. This case note critically examines what could be viewed as two significant doctrinal shifts that were introduced by this ruling.
Haim Abraham
wiley   +1 more source

Does the Rule of Law Require the Separation of Powers?

open access: yesThe Modern Law Review, EarlyView.
The separation of powers is an enigmatic political ideal, particularly in the context of the modern administrative state, in which administrative officials routinely perform a combination of legislative, judicial, and executive functions. In this article we reexamine this ideal by interrogating Adrian Vermeule's provocative claim that the separation of
Dimitrios Kyritsis, Matthew Lewans
wiley   +1 more source

The Doctrine of State Necessity

open access: yesThe Modern Law Review, EarlyView.
This article examines the doctrine of state necessity as a distinct but relatively underexplored doctrine of constitutional law. Drawing on case law from a range of jurisdictions, it considers instances in which courts have accepted otherwise unconstitutional measures as lawful in order to preserve the operation of state institutions or protect ...
Athanasios Peftinas
wiley   +1 more source

Limiting the High Court's Inherent Jurisdiction over Children: Re X and Y (Adoption Order: Setting Aside)

open access: yesThe Modern Law Review, EarlyView.
The Supreme Court in Re X and Y (Adoption Order: Setting Aside) confirms that there is no power under the High Court's inherent jurisdiction to set aside a properly made adoption order, even if the child's welfare would be better served by un‐doing the adoption.
Rob George
wiley   +1 more source

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