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  • Law

What is allowed in outer space?

Humanity is no longer just exploring outer space for the sake of leaving flags and footprints. On February 6, the SpaceX Corporation conducted a successful first flight of its Falcon Heavy rocket, capable of carrying 63,800 kg (140,700 lb) to Low Earth Orbit (LEO), a capability not seen since the Apollo era. As the rocket’s reusable stages can be refueled and reflown, this rocket is a significant innovation and not merely a return to past capabilities.

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The untold story of ordinary black southerners’ litigation during the Jim Crow era

Discover how Henry Buie, Moses Summerlin, Lurena Roebuck, and almost a thousand other black soutnerners managed to successfully litigate civil cases against white southerners throughout the 85 years following the Civil War. Many different tactics needed to be deployed during this period of injustice, and in a system where those in power often had very different interests and perspectives than their own.

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Corporate governance from a federal law perspective

Traditionally, American states have regulated the sphere of corporate governance, encompassing the relations among and between a corporation, its directors, its officers, and its stockholders. With respect to publicly-held companies, Delaware, known as the jurisdiction with an expert judiciary in company law, sound precedent and legislative flexibility, reigns supreme as the state where the greatest number of such enterprises incorporate.

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Addressing international law in action

The 112th American Society of International Law’s annual meeting (4-7 April 2018) will focus on the constitutive and often contentious nature of ‘International Law in Practice’. Practice not only reifies the law, but how it is understood, applied, and enforced in practice shapes its meaning and impacts the generation of future international rules.

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The OUP citizenship quiz

Far from fading into obscurity as the world moves towards a more interconnected and globalized future, the concept of citizenship is enjoying something of a renaissance. It is an almost constant feature in world news, as nations move to secure their positions by either welcoming or denying new citizens to cross their borders, and the contentious issue of citizenship for sale gains evermore traction.

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In 2018, the CJEU will determine the future of the Internet

In its amicus brief submitted in relation to the US Microsoft Warrant case, the European Commission emphasised that: “In the European Union’s view, any domestic law that creates cross-border obligations should be applied and interpreted in a manner that is mindful of the restrictions of international law and considerations of international comity.” (Amicus brief, p. 5)

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Barristers, solicitors, and the Four Inns of Court of England

After many years of attempting to explain the need for two kinds of lawyer in the United Kingdom to exasperated and confused European colleagues – and even US ones – I have lighted on the following language. Solicitors are a primary market of legal services. They are profit-sharing organisations in which senior lawyers manage teams of junior lawyers to do almost everything their clients want.

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Will common law dispute resolution bring banks to Paris after Brexit?

The European continent operates a legal system derived from the Napoleonic Code, first enacted in 1804. Napoleon was, I venture to point out, and without meaning to be too critical, a revolutionary dictator. He gathered four eminent jurists together and, as dictators are wont to do, ordered that they produce an all-encompassing system of law for his judges to administer to the nation. .

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Saving Butch Cassidy’s charitable legacy

Paul Newman died in 2008, leaving behind a wonderful legacy of films and philanthropy. Of his many iconic movie roles, my favorite is Butch Cassidy. Unfortunately, Mr. Newman’s death in real life triggered a tax problem which now threatens his charitable bounty. Congress almost solved this problem in the new tax law passed in December 2017 but, at the last minute, failed to do so.

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Who keeps the dog in a divorce?

In the 1937 film The Awful Truth, Irene Dunne and Cary Grant are getting divorced and arguing over Mr Smith, their terrier. ‘Custody of the dog will depend on his own desires’ says the judge. ‘Send for the dog!’ Put in the middle of the courtroom, the dog eventually runs to Dunne – who has snuck a dog toy up her sleeve.

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Perpetrator Intervention Programmes – a mechanism to effect positive change?

In the preamble to the Istanbul Convention, the Council of Europe recognises “that violence against women is a manifestation of historically unequal power… and is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men.” Justice for victims requires not only an end to violent events but also the securing of a safer environment in the longer term.

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Responding to the rise of extremist populism

The rise of extremist populism in recent years places liberal democracy, not to mention committed liberal democrats, in an awkward position. There has been an alarming rise in public support for such extremist movements, even in established liberal democratic states. In states such as Hungary, Poland, Turkey, and Venezuela, democratically elected governments are enacting illiberal and anti-democratic political goals and values into law and in some cases directly into their constitutions.

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Legal rights are not all right: when morality and the law collide

In early November 2017, media outlets hailed the Paradise Papers as a major scoop: 13.4 million leaked documents revealed the financial details of some of the world’s leading brands, politicians, sports stars, and musicians. But this was to be no repeat of last year’s Panama Papers, in which well-known names appeared relating to criminal acts l; the Paradise Papers failed to reveal a single crime. So why was it considered news?

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Miscarriages of justice

Today we take it for granted that anyone convicted of a crime should be able to appeal to a higher court. However, this wasn’t always so. English lawyers traditionally set great store in the deterrent value of swift and final justice. Over the course of the nineteenth century, reformers pressed for the establishment of a court that could review sentencing and order retrials on points of law or new evidence. These advocates of change met with fierce resistance from the judiciary and much of the legal profession, and the cause of reform had little success until a spectacular miscarriage of justice came to light.

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A brief history of libel

At a Cambridge court hearing in 1584, Margery Johnson reported that she heard Thomas Wylkinson refer to “the said Jane Johnson thus ‘A pox of God on thee, bitch fox whore, that ever I knew thee.’” If Wylkinson indeed called down such a curse on Jane, he was guilty not of libel, but of slander, a verbal attack on another person. Libel, in contrast, is defined as defamation by written or printed words, pictures, or in any form other than by spoken words or gestures.

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