Oxford University Press's
Academic Insights for the Thinking World

  • Law

An absence of fairness: the Trade Union Bill

According to Sajid Javid, the Secretary of State for Business Innovation and Skills (BIS), the Trade Union Bill currently before Parliament is ‘not a ban on strike action. This is about ensuring that our rules are modern and right and fit for today’s workplace’. As the Bill progresses through the House of Lords, Mr Javid’s rosy view has been challenged by the International Labour Organisation (ILO).

Read More

Zubik v. Burwell: The HSA/HRA alternative

Last Tuesday, the US Supreme Court issued an unusual order in Zubik v. Burwell. In Zubik, religious employers including the Little Sisters of the Poor, East Texas Baptist University and Southern Nazarene University object to the federal regulations governing birth control coverage for their employees. These regulations permit these religious employers to elect against providing such coverage.

Read More

Preparing for the 110th ASIL Annual Meeting

This year’s ASIL Annual Meeting will take place from March 30 to April 2, at the Hyatt Regency Capitol Hill in Washington, D.C. The conference theme will focus on ‘Charting New Frontiers in International Law’, and evaluate the shifts that are creating new frontiers in the physical and conceptual structure of our international order.

Read More

The quest for human rights

Planet Earth is becoming ever more interconnected and complicated. In this context, the quest for common interests is imperative in dealing with problems in international law and global affairs. International cooperation at every level is essential in achieving minimum and optimum world order—and with it human dignity and human security.

Read More

Addressing new frontiers in international law

International criminal tribunals are in trouble. Lines are blurring between international legal systems. It’s increasingly difficult to balance the benefits of open trade with the negative impact of its volatility. Rhetoric around border and migration control is vociferous. At the American Society of International Law’s annual meeting (30 March – 2 April 2016), academics and practitioners will address the theme ‘Charting New Frontiers in International Law’.

Read More

Transplanting India’s patent laws

Recently, patent reforms in different parts of the world have shown an emerging trend towards the emulation of Indian patent law. Countries like China, South Africa, Botswana and Brazil are now trying to amend their domestic patent laws based on India’s model. The Philippines was among the first countries to emulate India’s patent regime.

Read More

The principle of distinction in complex military operations

While exciting topics such as autonomous weapons and cyberwarfare may at first blush seem like the most “important new frontiers” in international humanitarian law, there is another more immediate and complex challenge confronting those engaged in current and looming wars, a challenge with a human face. Today and unfortunately tomorrow, professional militaries find, and will continue to find, it increasingly difficult to determine who is friend or foe in the modern battle-space.

Read More

Our lost faith in the American murder trial

We live in an age when Americans are both captivated and disturbed by murder trials. The Netflix smash hit Making a Murderer went viral in late December as it chronicled the seemingly wrongful convictions of a Wisconsin man and his teenage nephew for the gruesome killing of a young photographer. The success of this documentary was hardly surprising in the wake of 2014’s Serial, the most popular podcast in history and winner of a Peabody Award.

Read More

Exposures from the dark side

Julian Assange is an unusual figure in the world of hacktivism. He embraced his notoriety as leader of Wikileaks, and on 4 February 2016, he appeared on the balcony of the Ecuadorian embassy holding a copy of a UN panel report that declared that he has been “arbitrarily detained” while avoiding extradition to Sweden for alleged rape for almost six years (British and Swedish prosecutors still seek to detain him).

Read More
American History

99 years after the Jones Act: Austerity without representation

Ninety-nine years ago this week, Puerto Ricans became citizens of the United States. What does this anniversary signify? That depends a lot on who you ask (and be careful who you ask, since most Americans have no idea how or why Puerto Ricans became US citizens, or if they’re even citizens at all).

Read More
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.

Read More

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.

Read More

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.

Read More