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Oxford Journal of Legal Studies

To blame or to forgive?

What do you do when faced with wrongdoing – do you blame or do you forgive? Especially when confronted with offences that lie on the more severe end of the spectrum and cause terrible psychological or physical trauma or death, nothing can feel more natural than to blame.

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9780199914081

Who should be Scalia’s new successor?

Article III of the Constitution gives the President the right to “nominate…Judges of the supreme Court.” Article III also gives the Senate the right to grant its “Advice and Consent” to such nominations—or not. Both President Obama and Senate Republicans are settling into a protracted political struggle over the appointment of Justice Scalia’s successor.

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podcastlogov1

Climate change and COP21 – Episode 32 – The Oxford Comment

The Paris Agreement, held from 30 November to 12 December 2015, has been hailed as a “historic turning point” in the battle against global climate change. Consequently, dialogue surrounding greenhouse gas emissions, particularly around political and economic compliance.

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9780198755401

Scholarly misconduct and the integrity crisis

Retractions in scholarly journals have reached record levels. Doctorates have been removed from politicians and others for plagiarism, there has been tasteless denigration of academic colleagues under cover of academic freedom, researchers have been jailed for fraud, and conflicts of interest involving private industry’s role at universities have generated notoriety.

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Victims and victimhood in Afghanistan

As a researcher of transitional justice since 2008, focusing on Afghanistan, I have remained engaged with victims at close proximity. The concept of victimhood is particularly complex in Afghanistan, considering that, over decades, one brutal and repressive regime has led to another, afflicting millions of lives. Many have been victimized under all regimes; some have been perpetrators under one and victims under another.

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A “quiet revolution” in policing

This month, we are celebrating the tenth anniversary of Policing: A Journal of Policy and Practice. Apart from being an occasion for celebration too good to pass up, it is also a good opportunity to take stock of the last ten years and look to what the next ten might hold.

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9780199363612

Demarcating sovereignty: a history of Dutch-Belgian land swaps

In early November 2015, the Belgian and Dutch press announced that a small land swap was in the making between Belgium and the Netherlands. Agreement has been reached at the local level that Belgium would cede a small peninsula in the river Maas [Meuse] of about 14 hectares – the size of 28 soccer fields – to the Netherlands. In return, Belgium would get a smaller piece of Dutch territory where it had already built a water lock.

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quite right

What is information, and should it be free?

When we pay our bills using a plastic card, we are simply authorizing alterations to the information stored in some computers. This is one aspect of the symbiotic relationship that now exists between money and information. The modern financial world is byzantine in its complexity, and mathematics is involved in many ways, not all of them transparently clear. Fortunately there are some bright spots, such as the fact that it is now possible to measure information.

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9780198723264

The CISG: a fair balance of interests around the globe

The CISG may be called a true story of worldwide success which is not only proven by the ever increasing number of member states around the world but also by the fact that during the last 20 years the CISG has served as a decisive blueprint for law-making in the area of contract law on the international as well as on the domestic level.

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How can we hold the UN accountable for sexual violence?

Cometh the new year, cometh the fresh round of allegations that United Nations peacekeepers raped or abused some of the most vulnerable people in the world. 2016 has just begun and already reports are surfacing of UN peacekeepers paying to have sex with girls as young as 13 at a displaced persons camp in the Central African Republic.

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9780199914081

Deferring the Cadillac tax kills it

Sometimes it is gratifying to have predicted the future. Sometimes it is not. The recent postponement of the so-called “Cadillac tax” until 2020 falls into the latter category. I predicted this kind of outcome when the Cadillac tax was first enacted as part of the Affordable Care Act, popularly known as “Obamacare.” I am unhappy that events have now proven this prediction correct.

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9780199362134

Wrapping up the AALS Annual Meeting 2016

The Association of American Law Schools (AALS) is a nonprofit association of 179 law schools. The association serves as the learned society for over 9,000 law faculty at its member schools, and provides them with extensive professional development opportunities, including the AALS Annual Meeting which draws thousands of professors, deans and administrators each year.

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European Union Design Law

Should design rights protect things you can’t see?

Although many EU IP lawyers are currently concentrating on the trade mark reforms, the Commission is quietly getting on with its study of the design protection system in Europe. The remit of the study is wide-ranging, but perhaps the most surprising issue that has arisen is whether design law in the EU should protect things that you can’t see.

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Corn-US Military Operations

The transcendent influence of law in military operations

From the perspective of military legal advisors, law serves as an enabler in achieving logical military outcomes. Rather than simply focusing on a restatement of law, it is important to offer insight into how Judge Advocates (military lawyers) think about the relationship between law and effective military operations.

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International Commercial Arbitration

Oxford Law Vox: Loukas Mistelis on international arbitration

International arbitration expert Loukas Mistelis talks to George Miller about current arbitration issues. Together they discuss how the international arbitration landscape has developed, how arbitration theory has attempted to catch up with practice, and ask whether the golden age of arbitration is now passed.

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