Recent Submissions

  • State Power and the War on Terror: A Comparative Analysis of the USA and UK

    Moran, Jonathan (Springer Verlag, 2005)
    This paper analyses the patterns and extent of state power in the war on terror. The paper argues that the War on Terror has seen important extensions in state power, which pose challenges not only for globalisation theorists and advocates of international law, but also theorists of the managerial or limited state, or those who see the state as over-determined in various ways by societal mechanisms or actors. Recent analyses, prompted by events in the War on Terror, have begun to focus on the extent of state power, rather than its perceived fundamental limits in late modern society. This reflects a need to analyse the politics and processes of national security. Having made this point, extensions in state power must be viewed in context and dynamically with regard to their effect on civil liberties, necessary to avoid a 'flattened' a-historical approach to state power and civil society. The problem of state power will be examined with regard to the UK and USA. The UK and the USA represent different constitutional arrangements, jurisdictions, legal and administrative intelligence and law enforcement powers, systems of accountability and political cultures. However as late modern liberal democracies they also display remarkable similarities and stand as illuminating examples to contrast structural patterns of state power, politics and civil society. They have also been identified as representing the evolution of the limited late modern state.
  • Construction Lawyers' Attitude and Experience with ADR

    Brooker, Penny (Sweet & Maxwell, 2002)
    Survey of construction lawyers on their experiences of ADR, particularly mediation, including mediation settlement rates, categories of disputes and parties involved in mediation, and factors involved in mediation failure or rejection.
  • Commercial and Construction ADR: Lawyers’ Attitudes and Experience

    Brooker, Penny; Lavers, Anthony (Sweet & Maxwell, 2001)
    Findings of large scale survey of solicitors and barristers specialising in commercial and construction fields on their familiarity with ADR, particularly mediation and their perception of its usefulness and effectiveness.
  • Commercial Lawyers' Attitudes and Experience with Mediation

    Brooker, Penny; Lavers, Anthony (Web Journal of Current Legal Issues, 2002)
    This paper considers the application of mediation for commercial disputes following the introduction of the Civil Procedure Rules (CPR), which encouraged the use of alternative dispute resolution (ADR). A report is given on a survey of lawyers practising in the UK commercial litigation field and the respondents' experience of using ADR. An analysis is made of the settlement outcomes reported for mediation and respondents' attitudes to the appropriate use of ADR for commercial-related disputes. Mediation, practically to the exclusion of any other method of ADR, is being employed in some sectors of commercial work and survey respondents are repeat-users of the process. The majority of mediations reported concerned breach of contract and professional negligence cases. Data suggests that the specific categorisation of a commercial disputes as (say) professional negligence, personal injury or breach of contact is unlikely to affect mediation achieving full settlement. Commercial respondents were of the opinion that mediation is suitable for a wide variety of commercial case-types but breach of contract, professional negligence, general negligence and debt cases were specifically perceived to be appropriate. Commercial respondents reported that the major determinants for mediation reaching a successful outcome are the attitude and expectation of the parties in taking part in good faith and their willingness to compromise.
  • The Future of Crime Reduction

    Moss, Kate (London: Routledge, 2005)
    This innovative and pioneering new book establishes links between crime reduction and the law, uniquely offering a detailed examination of how specific legislation and performance targets aid or undermine attempts at crime reduction. Providing a sustained analysis, this ground-breaking book considers the social policy, politics and legislation that surround and drive the crime reduction agenda. It analyzes: the creation of 'safe environments' through Town and Country Planning legislation the role of local authorities in crime reduction initiatives the nature of drug policy, paedophilia legislation and programs to control mental disorder crime. Bringing together the work of internationally renowned experts in this field, this book will prove very useful to students of criminology and sociology, as well as crime prevention and reduction practitioners, police officers and community safety partnership professionals. (Routledge)
  • Mediation Outcomes: Lawyers’ Experience with Mediation

    Brooker, Penny; Lavers, Anthony (Pepperdine University School of Law, Malibu, CA, 2005)
    This paper reports on the final phase of a three-year study into the role of lawyers in the development of Alternative Dispute Resolution (ADR) following the implementation of the Civil Procedure Rules in 1999 and draws comparisons between US and Canadian studies. The paper centres on the use of mediation, which is recognised as the pre-eminent ADR process in the UK. Data are analysed from 30 interviews with specialist commercial and construction-related lawyers who have utilised mediation in the dispute resolution process. Interviewees were selected from respondents to a national survey of lawyers specialising in commercial and construction-related practice. Whereas reaching settlement is typically regarded as the measure of success, this research focuses on other "mediation outcomes" experienced by solicitors and barristers, the majority of whom are repeat-users of the process. The data reveal that achieving settlement in a timely and cost-effective manner is among the chief advantages mediation has over litigation, but a number of other benefits can make the process an eligible option in dispute resolution. In particular, the process of mediation allows the parties to focus on or narrow the issues in dispute. Lawyer-interviewees also report tactical advantages from engaging in mediation. These range from providing the opportunity to examine the strengths and weaknesses of the case to testing witnesses and evidence. The data suggest lawyers are developing new practices in mediation, such as proposing the process in order to provide proof to the courts of willingness to compromise or participating in mediation in order to send messages to the opposition. Mediator-interviewees report a trend in mediation where cases are more difficult to settle and the participants more cognisant of mediation tactics.
  • Investigation of Evaluative and Facilitative Approaches to Construction Mediation

    Brooker, Penny (Emerald Group Publishing Limited, 2007)
    Purpose – The paper seeks to examine the debate on mediator style and provide empirical evidence on mediator orientation, which has implications for party choice and the development of professional standards for construction mediators in the UK. Design/methodology/approach – This paper analyses the theoretical arguments and distinctions in mediator style and assesses the available evidence relating to the utilisation of evaluative or facilitative mediator approaches in the UK and US construction industry. The paper reports on data from qualitative interviews with construction lawyers experienced in using mediation in the UK to assess the level of evaluative conduct experienced. Findings – The findings suggest that interviewees had experienced a mix of evaluative and facilitative interventions by mediators. The data support the contention that construction mediation in the UK mirrors the experience of the USA and is becoming “lawyer-driven” and adversarial, with mediators utilising evaluative techniques which some members of the legal profession prefer. Research limitations/implications – The qualitative data are based on a small sample of mediation users in the UK construction industry. However, interviewees were selected from respondents to a randomly conducted large-scale postal survey of commercial and construction lawyers. All interviewees were repeat users of the process and all but one had received training in mediation or are practising lawyer-mediators. Practical implications – The data provide evidence of different mediator techniques currently utilised in the UK construction industry and the practices of lawyers in the mediation process. The findings have implications for party choice and should inform the development of professional standards in construction mediation practice. Originality/value – The paper provides original data on the practices of mediators and lawyers in construction mediation.
  • Electronic delivery in law: what difference does it make to results?

    Migdal, Stephen; Cartwright, Martin J. (Web Journal of Current Legal Issues, 2000)
    This article details research which attempts to assess what effect electronic delivery of law modules has on actual student assessment performance. The authors reviewed the assessment results of students who had taken both conventionally and electronically delivered modules and compared and contrasted individual student performances in all the modules studied by them in a particular semester. As far as the authors' researches were able to ascertain this was a relatively unique piece of research as far as legal study is concerned. We found that weaker students (those who might ordinarily fail or scrape a bare pass) were achieving a mark some 10% higher than that achieved in the conventionally delivered modules; pushing those students into the lower second category - the assessment criteria for such classification demanding evidence of deep as opposed to surface learning. However there was little or no difference in the marks achieved by upper second quality students. The authors acknowledge that many factors affect the quality of assessment performance and that, whilst the article addresses some of the variables, any specific conclusions based on results alone are open to question. Furthermore, we accept the limitations of a small and narrow statistical sample and that therefore this can only be a survey rather than a controlled experiment. Nevertheless we believe that as part of the debate on the role of C & IT it has a useful role to play. Inevitably an article such as this trespasses on many pedagogical issues deserving debate which goes beyond the objectives of this discussion.
  • Fixed and Floating Charges - A Revelation

    Walton, Peter; Gregory, Roger (Informa Legal Publishing (UK), 2001)
    Reasons for development of law on creation of floating charges, effect of early cases, bills of sale legislation, construction of floating charges, role of hypotheca and position and use of floating charges in commercial world today. (LegaL Journals Index)
  • Execution Creditors - (almost) the Last Rights in Insolvency

    Walton, Peter (Vathek Publishing Ltd, 2003)
    The Lord Chancellor’s Department is improving methods of enforcing judgments and Parliament is revamping insolvency law. Little, if any, analysis appears to have been made as to how enforcement operates in formal insolvency procedures. The case law dealing with whether or not an execution creditor becomes a secured creditor is a maze if not a minefield. The issue is of paramount importance when the judgment debtor is insolvent. Depending upon which insolvency procedure is in operation and which type of execution has been chosen, the creditor may be either in a very strong or a pitifully weak position.
  • Insolvency Law: Corporate and Personal

    Keay, Andrew; Walton, Peter (Pearson, 2003)
    Insolvency Law provides a clear, readable and comprehensive account of the principles of insolvency law in England and Wales in relation to both corporate and personal debtors. This concise text contains detailed academic analysis and covers areas of debate and controversy. The subject of insolvency is set in its social, economic and historical context with brief extracts from judgements and statutes provided. It covers the subject in appropriate depth and breadth to make it suitable for single-module teaching of the subject. (Pearson)
  • Pre-packaged Administrations - Trick or Treat?

    Walton, Peter (Sweet and Maxwell Ltd., 2006)
    Discusses how the US idea of pre-packaged, or execution only, administration has been approached in the UK, involving deals that have already been agreed before a company enters administration. Comments on the use of pre-packs in the US. Explores the use of pre-packs in the UK and the possible grounds for challenging their existence, focusing on: (1) whether the Insolvency Act 1986 permits pre-packed administration; (2) the possibility that pre-packs may cause administrators to act in breach of duties, including statutory duties and conflict of interest issues; and (3) whether fees for pre-administration work could be claimed as expenses of the administration. (Legal Journals Index)
  • Severe (Psychopathic) Personality Disorder: A Review

    Moss, Kate; Prins, Herschel (Barnsbury Publishing, 2006)
    Reviews the historical development of clinical understanding about the concept, causes, and management of severe (psychopathic) personality disorder. Considers the legal implications of a diagnosis of psychopathic disorder, including where a patient is deemed to be untreatable. (Legal Journals Index)
  • Crime reduction and the law

    Moss, Kate; Stephens, Mike (London: Routledge, 2005)
    This innovative and pioneering new book establishes links between crime reduction and the law, uniquely offering a detailed examination of how specific legislation and performance targets aid or undermine attempts at crime reduction. Providing a sustained analysis, this ground-breaking book considers the social policy, politics and legislation that surround and drive the crime reduction agenda. It analyzes: the creation of 'safe environments' through Town and Country Planning legislation, the role of local authorities in crime reduction initiatives, the nature of drug policy, paedophilia legislation and programs to control mental disorder crime. Bringing together the work of internationally renowned experts in this field, this book will prove very useful to students of criminology and sociology, as well as crime prevention and reduction practitioners, police officers and community safety partnership professionals.(Routledge)
  • The Nottingham Burglary Risk Index

    Moss, Kate; Ardley, Jenny (Criminal Justice Press, 2006)
    The role of imagination in preventing crime, as exemplified in the career of British criminologist Ken Pease, is celebrated in volume 21 of Crime Prevention Studies. Professor Pease's hundreds of published works include pioneering studies of repeat victimization, situational crime prevention, victimization surveys, crime displacement, predicting crime futures, crime science, and many other topics. In tribute to Dr. Pease, colleagues and former students have contributed 13 chapters to this volume that build upon his groundbreaking research. Chapter topics include: a "prospective obituary" of Ken Pease; from crime prevention to crime science; making offenders "richer"; common pitfalls in crime prevention; confusion, conflict and contradiction in designing out crime; has the UK's Crime & Disorder Act been effective?; measuring burglary risk; identifying risky facilities; the impact of crime on male victims; the effects of CCTV on crime; perceived disorders and property crime; burglary prediction; and repeat victimization in prisons. In addition to the co-editors, the contributors include: Rachel Armitage, Jenny Ardley, Trevor H. Bennett, Sylvia Chenery, John Eck, Ronald Clarke, Paul Ekblom, Steve Everson, David Farrington, Rob Guerette, Gloria Laycock, Kate Moss, Nick Ross, Mandy Shaw, Nick Tilley, Andromachi Tseloni, Brandon Welsh, P-O. Wikstrom, and Peter Woodhouse. (Criminal Justice Press)
  • War graves and salvage: murky waters?

    Williams, Michael V. (Lawtext Publishing, 2000)
    Legal status of war graves contained in warships, background to debate, passing and operation of 1986 Act, restrictions on salvage, administrative policy and Ministry of Defence's attitude. (Legal Journals Index)
  • EU free market rules: strategic options for transition economies.

    Yeoh, Peter (Emerald Group Publishing Limited, 2006)
    Purpose – This article seeks to examine the strategic options open to transition economies in Central and Eastern Europe in the face of intense competition in two highly sensitive economic sectors within the EU. Design/methodology/approach – This exploratory paper makes use of cross-country case analysis. Findings – The investigation demonstrated that protective mechanisms are used in veiled fashion to some degree even amongst the more economically advanced members of the EU and not just the transition economies as commonly perceived. It further argues that whilst a free and open EU will contribute to the quicker full realisation of its common market aspirations, transition economies are currently not adequately prepared for its required economic adjustments. Transition economies may need to respond in measured phases, taking into account its economic and political limitations. Otherwise, it might not be able to withstand the full onslaught of globalisation. Practical implications – This research challenges the one size fits all notion of zealous free marketers and offers a middle ground strategic option for transition economies in the EU for further evaluation by policy makers and academics alike. Originality/value – This research uses two highly economic sectors in the EU to argue for a more middle ground strategic economic strategy for transition economies in Central and Eastern Europe. This contrasts with the more global agenda of liberal economics.
  • The direction and control of corporations: law or strategy?

    Yeoh, Peter (Emerald Group Publishing Limited, 2007)
    Purpose – To review and analyse the legal implications of the CA 2006 in respect of directors’ duties and powers, and in particular sections 172(1) and 471. Design/methodology/approach – The use of business management theories complements the primary use of the legal doctrinal approach as applied in this study. Findings – Section 172(1)'s wordings generate ambivalent legal implications for directors’ general duties as codified. It appears to give discretionary powers to directors where the review of the six statutory factors is concerned. However, directors will need to treat these seriously when read in conjunction with section 471. The latter pertains to directors’ disclosure obligations for the newly expanded business review section of the directors’ annual report. Available corporate evidence suggests that some corporate directors go beyond the minimum mandatory standards for environmental and social (Corporate Social responsibility, CSR) issues. They have benefited from the integration of their CSR policies and practices with their corporate strategic plans and actions. Some have even forged effective partnership with non-governmental organisations (NGOs) and other stakeholders to co-create businesses. Practical implications – This investigation provides strategic insights and practical thinking to investors, corporate directors, state planners, NGOs, and other corporate stakeholders. Originality/value – Previous legal analysis on general directors’ duties focused on the law. This study advanced corporate legal theory further with the use of insights from contemporary business theories and practices.
  • Regulating recovery of historic wreck in UK waters: when is a salvor not a salvor?

    Williams, Michael V.; Fletcher-Tomenius, Paul (Informa Legal Publishing (UK), 2000)
    Whether historic wrecks should be subject to salvage regime and therefore capable of exploitation by commercial interests and whether existing legislation is sufficient to protect sites of archaeological interest.

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