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Are we naively restrained? : A critique on former US Solicitor General, Robert Bork’s view that vertical restraints are always in the best interest of consumers
In Scotland, no inference may be drawn at trial from the fact that a suspect refused to answer questions put to him or her by the police. Should this rule be changed?
In this essay, Nicole Hannah (4th year LL.B ) discusses the recent Lord Carloway review, and whether the right to silence ought to be qualified to allow adverse inferences to be drawn from a suspect's silence during police questioning.
“In Scotland, no adverse inference may be drawn at trial from the fact that a suspect refused to answer questions put to him or her by the police. Should this rule be changed?”
In this article, Ikra Bhatti (4th year LLB) discusses the rationales for the privilege against self-incrimination and argues that it may be worthwhile to reform the current position and allow adverse inferences to be drawn from a suspects refusal to answer questions put to them.
In light of the UK’s vote to leave the European Union, this article by Saif Gilani (2nd year LLB) analyses the timeframe needed for the UK to withdraw from the EU, considering the key legal and political obstacles which must first be overcome.
In this article, Paul Sanders (4th year LLB ) examines the legal issue in McNaughton's Executor v Major and places its outcome in the wider context of the Scottish Parliament's abolition of feudal land tenure.
In this article, Cameron Kane (3rd Year LLB ), discusses the Chilcot Inquiry's position in international law, and the procedural requirements of an international legal case against the parties involved.
In this article, 4th Year LLB student and Obligations Law sub-editor Sarah Hassall, addresses whether or not the present law is suitable for the incorporation of autonomous vehicles. It looks to the developing law in the USA concerning issues of liability and considers how these issues would be handled in Scotland.
In Scotland, no inference may be drawn at trial from the fact that suspect refused to answer questions put to him or her by the police. Should this rule be changed?
In this article, 4th year LLB student and Commercial Law sub-editor Sarah Drummond discusses the right to silence in Scotland and whether or not we should draw adverse inferences from the exercise of this right.
A critical discussion of the pro and anti-competitive effects of vertical restraints and the extent to which EU Competition Law is in line with, or diverges from, Bork’s statement.
This article, written by Laura Rankin (4th Year LLB ), criticises Robert Bork’s view of vertical agreements and why, in light of the modernisation process of the Euorpean Commission, undertakings are still reluctant to incorporate such agreements. It is clear that the current law diverges significantly from the view of Bork owed particularly to the ambiguity of what is to be considered the primary aim of EU Competition Law.
In this article, Rachael Jane Ruth (Diploma in Professional Legal Practice), critically evaluates the strict governance surrounding Human Reproductive Cloning through analysis of its potential benefits and risks.
Labour as a fictitious commodity: The insight of Polanyi and the double movement in the development of the European Union
In this article, Yazdon Taghinia (4th year LLB) examines the concept of labour as a fictitious commodity as argued by the works of Karl Polanyi in the context of the development of the EU.
A New Hope for Climate Change Litigation: Holding Corporations to Account for their Greenhouse Gas Emissions
In this article, Bethen Gilroy (3rd Year LLB ), explores the difficulties faced when seeking to hold large corporations to account for their role in climate change. Particular attention is paid to the recent case of Lliuya v RWE, where a peruvian farmer sought to challenge the effects of RWE's greenhouse gas emissions in Peru. The case signifies a considerable advancement in climate change litigation.
In this article, Andrew Mack (Diploma in Professional Legal Practice) examines Alexander's theory of Human Flourishing, and considers whether it can be used as a basis for justifying Land Reform in Scotland.
In this article, Anna Nelson (4th Year LLB ), looks at whether the use of Artificial Reproductive Technologies justifies moving the act of reproduction out of the private sphere and into the public one, thus allowing for regulatory intervention.
In this article, Emma-Jayne Scullion (4th year LLB) critiques the Carloway Review's rejection on allowing adverse inferences to be drawn from a suspect's silence in criminal investigations. The pierce seeks to dissect and rebut the reasons given in the Review for upholding an unqualified right to silence, making the case that such an absolute right is more of a sword than a shield...
In this essay, Julia Bambach (4th year LLB Law and Business) analyses the development of the criminalisation of rape under German law.
Shaky Foundations for Open Ground - Marriott v Greenbelt Group Ltd LTS/TC/2014/27 - Lands Tribunal, 2 December 2015
Through an analysis of Marriot v Greenbelt Group Ltd, David Jeffries (4th year LLB) criticises the upholding of the use of real burdens in relation to the "land owning maintenance model", arguing that this contravenes the prohibition on real burdens that have the effect of creating monopolies.
In this article, Jordan Rhodes (4th year LLB) traces the still relatively new exception to copyright infringement where the use of a work is for the purposes of parody. The analysis ultimately recognises that parody is an inherently vague and subjective concept, and offers a perspective from both an owner's economic copyright as well as an author's moral rights...
In this article, Paul Keenan (4th year LLB) discusses Hegel's deontological justification for the existence of private property in society and the significance thereof for the determination of individual freedom and will...
In this article, Christopher Rae (fourth year LLB student) discusses the legal perspective of the Glasgow Bin Lorry Crash 2015...
In this article, Peter McEwan (Diploma in Professional Legal Practice) explores the Scottish Criminal Justice System and the way it deals with dock identification while drawing comparisons from other adversarial jurisdictions...
In this article, Robin Van Mulders (LLM in International Competition Law and Policy) discusses the applicability of Robert Bork’s welfare standard ‘economic efficiency’ in modern states. It evaluates the effectiveness of the standard in the context of US antitrust law as well as in the context of EU’s market integration goal and developing countries. The article suggests that the previous belief that economic efficiency as a competition objective is not a one-size-fits-all objective that can be applied and implemented in competition regimes, but that rather, due consideration ought to be given to the jurisdictions stage of economic development and current market structures...
In this article, 4th year LLB student and European Law sub-editor Selena Jackson discusses the contrast between the UK's stance on euthanasia since Pretty v United Kingdom, and recent legal developments that have been made elsewhere...
*BREXIT WRITING COMPETITION WINNER* - "Brexit & the Refugees in Calais: Navigating the Legal Jungle"
In the WINNING ARTICLE, Anna Nelson explores the effect that Brexit will have on the refugees in Calais and discusses whether or not the June 2016 result will be more onerous on Britain than had been anticipated by the Leave campaign...
*BREXIT WRITING COMPETITION RUNNER UP* - Brexit: The End of the Road for Conflicts Harmonisation in the UK?
In his entry, Jordan Rhodes of fourth year considers the uncertain future for Private International Law following the Brexit vote...