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9780199656967

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.

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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.

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Police9.1

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.

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Journal of Antitrust Enforcement

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.

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Gal Cover

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.

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JIPLP

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?

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Ball

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.

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All life is worth saving

Just as in Clarence Darrow’s day, the death penalty continues to be practiced in many American states. Yet around the world, the majority of nations no longer executes their prisoners, showing increasing support for the abolition of capital punishment. Recently, in December 2014, when the United Nations General Assembly introduced a resolution calling for an international moratorium on the use of the death penalty, a record 117 countries voted in favor of abolition, while only 38 nations, including the United States, voted against it.

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JIPLP front-matter

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.

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9780199914081

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.

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9780199756315

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?

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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.

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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.

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9780199398195

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.

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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”.

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