Oxford University Press's
Academic Insights for the Thinking World
In this fast-moving field, legal academics and legal experts have an important task, now and ahead, in reflecting on how adjudicative processes are accommodating the disruption that climate change inevitably brings to legal systems.
Despite promising at the start of his presidency to close the prison at Guantanamo Bay, President Obama has yet to exercise the clear independent authority to do so. In a recent Washington Post op-ed, 2009 White House counsel Gregory B. Craig and Cliff Sloan, special envoy for Guantanamo closure 2013 and 2014, urged President Obama to abandon trying to get Congressional approval.
The Economist has recently popularised the notion that patents are bad for innovation. Is this right? In my view, this assessment results from too high an expectation of what should be achieved by patents or other intellectual property. Critics of intellectual property rights seem to think that they should be tested by whether they actually increase creativity.
It has become topical to say that the International Criminal Court (ICC) is in crisis. For some, the ICC has stepped from crisis to crisis. Even before its existence, the Court has been for criticized for its selectivity, statutory limitations, and potential overreach. The ICC faces serious challenges in relation to credibility, legitimacy and expectations. I would like revisit some of these critiques. Looking back at the past decade, it seems that both the work of the ICC, and some of its criticisms, deserve further scrutiny.
‘Territoriality’ plays a central role under our current paradigm of jurisdictional thinking. Indeed, a State’s rights and responsibilities are largely defined by reference to territoriality. States have exclusive powers in relation to everything that occurs within their respective territories, and this right is combined with a duty to respect the exclusive powers of other States over their respective territories.
The Rome Statute system is a partnership between the International Criminal Court as an institution and its governing body, the Assembly of States Parties. Both must work together in order to overcome a number of challenges, which fall within three broad themes.
At the time of its creation, the Imprisonment for Public Protection (IPP) sentence, targeted at ‘dangerous offenders’ considered likely to commit further serious offences, elicited little parliamentary debate and even less public interest. Created by the Labour government’s Criminal Justice Act 2003, the sentence was subsequently abolished by the Conservative-led coalition government in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Human rights law has had a long and tortuous history in the UK, defined by some of the most fascinating cases in legal memory. The case of John Wilkes was a milestone in establishing the right of free speech. In 1763, Wilkes wrote a scathing attack on a speech delivered by King George III when he opened Parliament.
Citizenship tests are meant to focus on facts essential to citizenship, yet reviewing them tells a different story. What knowledge makes one a good citizen? Citizenship tests are a sort of a “grab bag”; they include a little bit of everything—demography, geography, history, constitutional principles, national holidays, and a long list of practical knowledge of education, employment, healthcare, housing, taxes, and everyday needs.
But what’s the right term, really? After all, much of the political disagreement and legal wrangling over this issue is rooted in this fundamental conceptual question, is “physician-assisted suicide” really suicide? Let’s see if we can figure it out.
The following extract is excerpted from Urban Legends: Gang Identity in the Post-Industrial City. The chapter, titled ‘Learning to Leisure’ traces the leisure lives of a group of young men from Langview, a deindustrialised working-class community in Glasgow.
Our legal history stretches back well over eight centuries. But however long this history may be, it is not one of which we can be universally proud, and the freedoms which we enjoy today have had to be hard won over the centuries.
S.B. 185, recently signed into law by California Governor Edmund G. (Jerry) Brown, Jr., requires California’s public employee pension plans to divest their investments in publicly-traded companies that derive half or more of their revenue from “the mining of thermal coal.”
It is said in the domestic practice of law that the facts are sometimes more important than the law. Advocates often win and lose cases on their facts, despite the perception that the law’s formalism and abstraction are to blame for its failures with regards to delivering justice.
What role does international law play in addressing global problems? How can international lawyers innovate to provide solutions? How can they learn new approaches from different legal systems? Which fields require greater research and expertise?
In a widely quoted interview with USA Today, Ben Bernanke said that ‘It would have been my preference to have more investigations of individual actions because obviously everything that went wrong or was illegal was done by some individual, not by an abstract firm.’ He makes it clear that he thought some Wall Street executives should have gone to jail.