The GULS Law Review

Getting you through the GU law degree!

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Blog posts

The Man, The Monster and The Media: a critical analysis of the Glasgow Bin Lorry Crash

February 12, 2017

 In this article, Christopher Rae (fourth year LLB student) discusses the legal perspective of the Glasgow Bin Lorry Crash 2015...

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The tyranny of the status quo: rethinking reform in the Scottish criminal justice system

February 12, 2017

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...

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‘Modern Competition Policy: A Re-evaluation of economic efficiencies’

January 31, 2017

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...

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Is the UK Government out of touch with modern Human Rights Law regarding Euthanasia?

January 29, 2017

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...

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*BREXIT WRITING COMPETITION WINNER* - "Brexit & the Refugees in Calais: Navigating the Legal Jungle"

November 14, 2016

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...

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*BREXIT WRITING COMPETITION RUNNER UP* - Brexit: The End of the Road for Conflicts Harmonisation in the UK?

November 14, 2016

In his entry, Jordan Rhodes of fourth year considers the uncertain future for Private International Law following the Brexit vote...

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*BREXIT WRITING COMPETITION RUNNER UP* - “In Memory of the UK’s Membership of the European Union: 1973 - ?”

November 14, 2016

Second year student, Saif Gilani was one of our runners up for the Brexit Writing Competition. This article analyses the topical issue of triggering Article 50 TEU and the timeframe needed for the UK to leave the EU.

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Where is the Best Place to be a Tree?

October 16, 2016

This article looks at a comparative study between Québec and Scotland legal frameworks regarding land protection and will underline what each location could learn from the other, to improve land protection.

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Case Note: Hill of Rubislaw (Q Seven) Ltd v Rubislaw Quarry Aberdeen Ltd

October 16, 2016

Chloe Shields provides a detailed analysis into the judgement of Hill of Rubislaw (Q Seven) Ltd v Rubislaw Quarry Aberdeen Ltd and observes the implications of the decision on future cases...

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Analysis of the requirements for the grant of a European Account Preservation Order

October 16, 2016

In this article, Anna Owens analyses the requirements for the grant of a European Account Preservation Order with reference to the equivalent rules in Scotland. 

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X v Y and Dispensing with Parental Consent to Adoption

October 10, 2016

Chloe Shields explores the longstanding controversy surrounding the issue of dispensing with parental consent to adoption, and also provides an analysis into the recent case of X v Y. 

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In Defence of the Human Rights Act

October 10, 2016

Anna Falconer discusses the ongoing debate concerning the effectiveness of the Human Rights Act and looks at whether or not it remains the most appropriate human rights protection legislation for this day and age.

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The Bolitho Test: revolutionary or repetitive?

October 10, 2016

In this article, Sarah Hassall assesses whether the case of Bolitho v City and Hackney Health Authority, is the foundation for the ‘veto power’ over medical opinion and whether the true origin of this power affects the impact Bolitho has had on the standard of care.

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In a global market, mergers and concentrations involving foreign companies could extend the anti-competitive effects to other part of the world outside where they originate.

October 10, 2016

In a global market, mergers and concentrations involving foreign companies could extend the anti-competitive effects to other part of the world outside where they originate. To tackle these effects, competition law regimes tend to assert jurisdiction extraterritorially. America is the first country to establish the ‘effects doctrine’ to extend its jurisdiction to the concentration involving foreign companies. Similar to US, EU hold that the European Merger Regulation is applied extraterritorially when the merger is above a certain threshold. This approach could be beneficial to the interests of domestic industries and consumers as it could prevent the potential anti-competitive harm caused by the concentrations. However, it could cause legal conflicts between different regimes, and bring uncertainty to and increase financial and staff costs of foreign companies.

In the article, Zongjin Li seeks to identify the advantages and disadvantages of assertion of extraterritorial jurisdiction on merger control. A further aim of this essay is to give possible suggestions to decrease the legal conflicts between different regimes and the costs of multiple notifications. For these purposes, firstly, the legislations and legal practice of US and EU will be introduced, then the benefits and problems of extraterritorial assertion of jurisdiction on merger cases are demonstrated, and then possible suggestions are proposed. Finally, a conclusion will be given.

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Article 10 ECHR's right to freedom of expression and defending the client. What rights do solicitors have?

October 5, 2016

Past president of GULS, Ali Cooper, analyses the development of Freedom of Expression in relation to lawyers by reference to the Grand Chamber judgement of Moris v France...

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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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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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20 blog posts