The GULS Law Review

Getting you through the GU law degree!

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Welcome!

Welcome to the GULS Law Review! 

We are here to help you get through all years of the law degree and beyond, by showcasing to you how we can help you succeed. 

We have partnered up with CMS Cameron McKenna to bring you this venture - we even have an opportunity to gain work experience with them via submitting some work!

Check back here or follow us on Facebook for regular updates during the year.

The New Paradigm for Fairer Taxation of Multinational Enterprises in the European Union: Corporate Tax Avoidance and the Need for Greater Transparency

June 14, 2016

John Gillespie, 4th Year LLB, discusses the need for greater transparency regarding corporate tax avoidance and the new paradigm for fairer taxation of multinational enterprises in the European Union.

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Is It Right to be Forgotten?

June 14, 2016

The ruling by the European Court of Justice in Gonzales v Spain that a 'right to be forgotten' exists had far-reaching repercussions: individuals can request that search engines delist certain links from their results page.

In this article, which won the CMS Prize for Best Article in the 2015/16 edition of the Law Review, Simone Farrer 4th Year LLB discusses the decision.

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The New Flight of the Navigator: Civilian Drones and the Protection of Privacy

June 14, 2016

Since 2014, there has been unprecedented growth in ownership of 'drones' which were developed for the military, the technology has been adapted for leisure and commercial use. The largest growth sector has been in small drones for leisure use. Models for civilian use are readily available, increasingly inexpensive, and often include a camera or other recording facilities.The capability of the aircraft is almost limitless, depending on what technology has been loaded on to it, offering numerous opportunities for commercial use. The European Commission intends to develop the sector, in light of the rapid growth of the industry in the United States.

While the growth of the market may be seen to be a priority, in this article Salome Nilsson considers whether provisions adopted sufficiently protect the privacy of individuals, or whether changes to legislation are required.

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Human Rights: A luxury for the rich?

June 14, 2016

Human rights are not luxuries we enjoy in times of prosperity and abundance, but inalienable entitlements which should be exercised everywhere by all members of the human family. 

In this article Firouzeh Mitchell, 4th Year LLB, considers whether the protections afforded by international human rights frameworks are a luxury only affordable by wealthy nations.

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A Guide to Studying Abroad

June 14, 2016

Written by Rachel Murphy, who spent her third year at Sciences Po in Paris studying in English.

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No more six pack: The effect of the Enterprise and Regulatory Reform Act 2013 on workplace accident claims and civil liability of employers.

June 4, 2016

Section 69 of the Enterprise and Regulatory Reform Act 2013 was a drastic change to health and safety law in the United Kingdom, by removing civil liability for breaches of health and safety regulations where not provided for: significantly, impacting the key 'six-pack' heath and safety regulations often relied upon.

In this article Iain Brown, 4th Year LLB and GULS Media & Publicity Convenor 2015/16, considers the effect the 2013 Act will have on the viability of workplace accident claims and the civil liability of employers.

 

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What’s in a name? - A critique of the Japanese Supreme Court’s surname ruling from a feminist jurisprudential perspective

June 4, 2016

In December 2015, the Japanese Supreme Court upheld the constitutionality of a controversial Civil Code provision requiring married couples to use the same surname in official matters. This decision has been highly criticised, especially by women's rights groups, as the matter is contentious in Japan, with opponents calling it an infringement of women's fundamental rights and conservatives regarding shared names as a central pillar of the family unit. In this article, Julia Bambach critiques the decision from a feminist jurisprudential perspective.

 

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The Extent to Which the US and the EU assert Jurisdiction over Mergers Involving ‘Foreign’ Companies

June 4, 2016

Merger control is an important element of the regulation of competition and market structures, and mergers of transnational companies are often reviewed by multiple authorities as a result of globalisation.

In this article, Patricia Einfeldt considers the extent to which the United States and the European Union assert jurisdiction ofver mergers inovling 'foreign' companies.

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A study of the Mens Rea of command responsibility

June 4, 2016

Military commanders are regarded to have responsibility for their soldiers and thus assume accountability for their actions - they can therefore be punished for crimes committed by soldiers. The question raised is whether a superior can be held responsible for the actions of a soldier which he had no actual knowledge of.

In this article, Joshua Harvey seeks to answer the question: what is the mens rea of command responsibility.

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Advantages and disadvantages of the declaratory and the constitutive ‘theories’ of recognition from the point of view of an aspirant statal entity

June 4, 2016

This article by Florian Bergamin considers the comparative advantages and disadvantages of the declaratory and constitutive 'theories' of recognition from the point of view of an aspirant statal entry in international law.

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An Analysis of the scope of reform of Freedom of Information legislation in Scotland and the rest of the UK

June 4, 2016

In this article, Christopher Lewis-Laverty, Diploma in Legal Practice Student and Editor-in-Chief of the Law Review, discusses the scope of reform of freedom of information legislation both in Scotland and the rest of the United Kingdom.

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State of Denial: Comments on the struggle for recognition in International Law

February 3, 2016

This article by Connor McBain considers the manner in which international lawyers discuss competing legal positions in disputes concerning sovereignty and statehood. It utilises legal realism and critical legal studies to highlight several contradictions that undermine existing means of discussing statehood. This is done to demonstrate two things: first, aspirant statal entries are excluded from access to legal remedies; and second, aspirant statal entries cannot defend their own claims to statehood through recourse to law.

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Extraterritorial Jurisdiction under European Union and Chinese Merger Control Regimes

January 18, 2016

Aristi Zaimi, a Postgraduate student studying International Commercial Law, analyses the extra-territorial jurisdiction under both European Union and Chinese merger control regimes, providing a comparative outlook of the two legal systems.

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Gender pay gap reporting: Will increased transparency remedy the pay gap?

January 15, 2016

Despite the introduction of equal pay legislation and changing attitudes to the role of women in society, the United Kingdom remains one of the highest ranking nations in terms of gender pay gap in the European Union. This is a stark reminder of how far the movement for achieving pay equality is yet to go.

In this article, Lamia Lamki, 4th Year LLB, discusses the causes of pay inequality and whether the future introduction of transparency regulations are enough to meet this aim.

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Human Trafficking: A crime against humanity under the ICC?

January 10, 2016

Firouzeh Mitchell, a 4th Year LLB student, examines whether human trafficking is a crime under the ICC.

 

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The Scottish Law Commission in para. 3.9 of their Report on Land Registration (No. 222 of 2010) noted that with the introduction of ‘Advance Notices’: “As well as appealing to conveyancers, the system should benefit their clients...”

December 21, 2015

The Scottish Law Commission in para 3.9 of their Report on Land Registration (No. 222 of 2010) noted that with the introduction of 'Advance Notices': "As well as appealing to conveyancers, the system should benefit their clients..."

In this article, Evan Crainie critically examines these comments against the former practice of granting letters of obligation, the case law in Burnett's Trustee v Grainger and Sharp v Thomson, and in light of the Land Registration etc. (Scotland) Act 2012.

 

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An examination of Political constitutionalism being the dominant model for Westminster governance, whilst devolved governance is determined by legal constitutionalism

December 17, 2015

Within the current Westminster government, there have been vocal and much publicised concerns over the sovereignty of the Westminster Parliament. Some believe that the judiciary, both at the EU and the Council of Europe level, are encroaching on the Parliament's legislative authority. They subscribe to the view that political constitutionalism, as the classic model of Westminster governance, is under threat from the legal constitutionalism model which asserts the primacy of the judiciary.

In this article, John Henton argues that, with specific reference to both the European Communities Act 1972 and the Human Rights Act 1998, that political constitutionalsim remains the dominant model for Westminster governance while devolved governance is determined by legal constitutionalism.

 

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The Beauty Industry’s Ugly Secret: The Changing Prevalence of Animal Testing in the Cosmetics Industry

December 1, 2015

Public outrage in response to increased awareness of animal welfare issues worldwide has led to a tightening of the already restrictive legislative framework surrounding use of animal testing in a number of industries. This article examines the changing attitudes of public bodies to animal testing in recent years with a particular focus on the future health and safety testing mechanisms in the beauty and cosmetics industry.

Rachael Jane Ruth is a 4th year LLB student.

 

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A Feminist Analysis of Selected Works of Jean-Jacques Rousseau

November 19, 2015

Jean-Jacques Rousseau is a seminal legal and political philosopher whose work on social contract theory is widely celebrated. However, scholars of feminism and feminist jurisprudence have criticised his work for containing sexist elements throughout.

Here, Paul Sanders examines his work. His analysis reveals that their concerns are not unfounded as three key works of Rousseau's suggest he endorses dominance of man at the expense of women.

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Deficiencies in response to immunodeficiency: Criminal Law and HIV

November 10, 2015

Since 2001 there has been a turn to the criminal law in an attempt to tackle the public health problem of the transmission of Human Immunodeficiency virus (HIV). This has led to great debates between legal professionals, HIV organisations and medical professionals. This article seeks to evaluate this approach and suggests tht criminal law intervention is neither effective nor appropriate in tackling the issue of HIV.

Eilidh Smith is a 4th Year LLB student and is sub-editor for the Criminal Law portion of the Law Review.

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Who is The Subject of The Rights of Man?

May 28, 2015

In this article Ben Semple, 4th Year LLB, discusses Rancière's response to the question 'Who is The Subject of The Rights of Man?'

Across his work Rancière identifies the collapse of the Soviet Empire and the formalism of universal Human Rights as a vital process in modern (or post-modern) history that has shifted our comprehension of emancipation and left us with a misunderstanding of the true nature of politics and democracy. In Who Is The Subject of The Rights of Man? Rancière engages with a number of theorists namely Mar…

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The Drawbacks Of An Adversarial Legal System

May 28, 2015

Paul Sanders, Second Year LLB, raises some of the drawbacks of an adversarial legal system.

The Scottish criminal justice system is adversarial in nature, a system shared by many common law legal systems around the world. The Free Dictionary defines the adversarial system as one where ‘two or more opposing parties gather evidence and present the evidence, and their arguments, to a judge or jury… [who] knows nothing of the litigation until the parties present their cases’[1]. This is in contrast with an inquisitorial syste…

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So Long and Thanks For All The Fish? The Evolving Space Security Regime

May 28, 2015

Euan O'Neill, 4th Year LLB, discusses the implementation of, and compliance with, new initiatives in the evolving space security regime.

Whilst ancient astrologers used the position of the stars to tell the future and European explorers used the heavens to cross oceans and find ‘unknown’ territories, today, we rely on signals from space to direct us to the nearest branch of Starbucks or to tell us the bus timetable. 

The recent conference organised by the UN Institute for Disarmament Research (UNIDIR) brought together t…

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The Right to Peaceful Protest

May 28, 2015

This article by Euan O'Neill, 4th Year LLB, discusses the right to peaceful protest and in particular, the development of this right discussed in talks at the United Nations Office in Geneva.

This article will discuss the emerging right under international human rights law to peaceful protest, a right that is being exercised with greater and greater frequency across the world, from the recent events in Hong Kong and the United States and to the uprisings across the Middle East from 2011 onwards. Many countries respond to such …

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Control of Drug Abuse in the United Kingdom: Time For A Change In Policy?

May 28, 2015

Siobhan MacMaster, 4th Year LLB and 2014/15 Law Society President, wonders whether a change in policy is required to tackle drug abuse in the United Kingdom.

With the increasing number of drugs available in today’s world, proper regulation of their use is imperative. Here and now, there are several pieces of legislation which seek to offer a framework to regulate the use and distribution of certain drugs, and also classify them – including the Misuse of Drugs Act 1971 and the Misuse of Drugs (Regulations) 1985, to name but two.…

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