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9780198728573

Why has France banned surrogate motherhood?

Shortly after it emerged in the 1980s, surrogate motherhood was dealt a severe blow in France by a decision of the Cour de Cassation, its highest civil court: in 1991, it ruled that an agreement entered into by a woman to conceive, bear a child, and relinquish it at birth, albeit for altruistic reasons, was contrary to the public policy principle of unavailability of both the human body and civil status. This prohibition was confirmed in the Bioethics Act of 1994 and enshrined in the Civil Code as a regulation which is “a matter of public policy,” i.e. belonging to a category of mandatory rules created by the state to protect fundamental values of society and from which citizens have no freedom to derogate.

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Policing

Is Broadchurch a classic crime drama?

January saw the critically acclaimed and award winning Broadchurch return to our TV screens for a second series. There was a publicity blackout in an attempt to prevent spoilers or leaks; TV critics were not sent the usual preview DVDs. The opening episode sees Joe Miller plead not guilty to the murder of Danny Latimer, a shock as the previous season’s finale ended with his admission of guilt. The change of plea means that the programme shifts from police procedural to courtroom drama – both staples of the TV schedules. Witnesses have to give evidence, new information is revealed through cross-examination, and old scores settled by witnesses and barristers.

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Policing

Trust in the aftermath of terror

In the days following the terrorist attack in Paris on 11 January, thousands of people took to the street in solidarity with the victims and in defense of free speech, and many declared ‘Je suis Charlie’ on social media around the world. The scene is familiar with what we have seen in several other countries in the aftermath of major terrorist attacks.

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9780199930234_450

Thoughts on teaching in prison on World Day of Social Justice

On an overcast day in January 2013, with no criminal justice background and no real teaching experience, I entered the stark grounds of New Jersey’s only maximum-security women’s prison to co-teach a course on memoir writing. The youngest in a classroom of thirteen women, many of whom were serving life or double-life sentences, plus my two mentors and co-teachers, Courtney Polidori and Michele Tarter, my mind began spinning with concern and doubt.

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9780198727521_450

The Grand Budapest Hotel and the mental capacity to make a will

Picture this. A legendary hotel concierge and serial womaniser seduces a rich, elderly, widow who regularly stays in the hotel where he works. Just before her death, she has a new will prepared and leaves her vast fortune to him rather than her family. Wills have always provided the public with endless fascination, and are often the subject of great books and dramas.

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Oxford Historical Treaties

The bicentenary of the Congress of Vienna (1814–1815)

The centenary of the Great War in 2014 has generated impressive public as well as scholarly attention. It has all but overshadowed some other major anniversaries in the history of international relations and law, such as the quarter-centenary of the fall of the Berlin Wall (1989) or the bicentenary of the Vienna Congress (1814–1815).

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IDPL front-matter

Selma and re-writing history: Is it a copyright problem?

A few days ago The Hollywood Reporter featured another interesting story concerning Martin Luther King or – to be more precise – his pretty litigious estate. This time the fuss is about already critically acclaimed (The New York Times critic in residence, AO Scott, called it “a triumph of efficient, emphatic cinematic storytelling”) biopic Selma, starring David Oyelowo as the Rev Dr Martin Luther King, Jr.

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9780199914081

An estate tax increase some Republicans might support

In his State of the Union address, President Obama proposed several tax increases aimed at affluent taxpayers. The President did not suggest one such increase which some Republicans might be persuaded to support: limit the estate tax deduction for bequests to private foundations.

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17441021

State responsibility and the downing of MH17

Two hundred and ninety-eight passengers aboard Malaysian Airlines flight MH17 were killed when Ukrainian rebels shot down the commercial airliner in July 2014. Because of the rebels’ close ties with the Russian Republic, the international community immediately condemned the Putin regime for this tragedy. Yet, while Russia is certainly deserving of moral and political blame, what is less clear is Russian responsibility under international law.

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Boon

Essential considerations for leadership in policing (and beyond)

There are problems with defining the term ‘leadership’. Leadership often gets confused with the management function because, generally, managers are expected to exhibit some leadership qualities. In essence, leaders are instruments of change, responsible for laying plans both for the moment and for the medium and long-term futures. Managers are more concerned with executing plans on a daily basis, achieving objectives and producing results.

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9780199660285_450

Judicial resistance? War crime trials after World War I

There was a great change in peace settlements after World War I. Not only were the Central Powers supposed to pay reparations, cede territory, and submit to new rules concerning the citizenship of their former subjects, they were also required to deliver nationals accused of legal violations to the Allies.

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9780199679669_450

A brief history of Data Privacy Law in Asia

This timeline shows the development of data privacy laws across numerous different Asian territories over the past 35 years. In each case it maps the year a data privacy law or equivalent was created, as well as providing some further information about each. It also maps the major guidelines and pieces of legislation from various global bodies, including those mentioned above.

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Is London the world’s legal capital?

2015 may be a watershed year for one part of the UK economy—the market for legal services. Much is made of London’s status as the world’s legal capital. This has nothing to do with the legal issues that most people encounter, involving crime, or wills, or houses, or divorce.

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olrllogo

Top 10 commercial law cases of 2014

2014 was an eventful year in commercial law, but what were the top most significant cases? Read our run-down of the biggest cases from the past 12 months. For example, in December 2014, Apple won a long-running class action that was brought against them in 2005.

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9780198717430_450

Sovereign equality today

To speak of sovereign equality today is to invite disdain, even outright dismissal. In an age that has become accustomed to compiling “indicators“ of “state failure”, revalorizing nineteenth-century rhetoric about “great powers”, and circumventing established models of statehood with a nebulous “responsibility to protect”, sovereign equality seems little more than a throwback to a simpler, less complicated era.

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