Digital Commons Network^™

Pitted Against Each Other? Mistaken Transactions In Unjust Enrichment And Equity, Tom Graham

The Plymouth Law and Criminal Justice Review

This paper seeks to identify and examine the extent to which there are substantive differences between the common law and equitable tests for non-contractual mistaken transfers. As the title suggests, the discussion references the case of Pitt v Holt as invoking the analogy of law and equity being 'pitted' against each other.

Editorial: The Plymouth Law & Criminal Justice Review, Volume 11, 2019, Kim Stevenson, Jason Lowther

The Plymouth Law and Criminal Justice Review

No abstract provided.

Brexit... A Lifetime Of Purgatory For The Uk's Environmental Laws - Or Is There A Stairway To Heaven?, Philip Connor

The Plymouth Law and Criminal Justice Review

This paper considers the prospect that the United Kingdom's decision to withdraw from the European Union may have a detrimental effect on its environmental protections. Brexit may provide the opportunity to pursue a more environmentally focused agenda, but it is argued that the UK's plan to transpose EU legislation underestimates the complexity of the task and that the UK lacks the resources to replicate the system it currently enjoys. On this basis it is thought that a reordering of environmental law is more likely than a radical re writing of it.

The Conflicts Of Legal Pluralism: Secular Law And Religious Faith In The United Kingdom, Pilgrim Fathers' Lecture 2018, Terence Etherton

The Plymouth Law and Criminal Justice Review

No abstract provided.

Socio-Legal Research: Looking Beyond Black Letter Law In The Context Of Birth Mothers' Rights In Adoption Proceedings, Lisamarie Deblasio

The Plymouth Law and Criminal Justice Review

This article explores the experiences that birth mothers face in adoption proceedings within a socio-legal context. With analysis of data from interviews with 32 birth mothers synthesised with the relevant provisions of the Adoption and Children Act 2002, it is argued that ingrained unfairness and a lack of accountability exists in the legal and administrative system where birth mothers' rights are concerned. Analysis extends to the social problems of blame and stigmatizing of birth mothers which originates from those agencies involved in the adoptions. It highlights the perspectives and voices of birth mothers, who are seldom the focus in leading …

Alternatives To The Common Fisheries Policy? The Future Of The Uk's Fisheries Post-Brexit, George Cass

The Plymouth Law and Criminal Justice Review

The Common Fisheries Policy (CFP) of the European Union has faced problems relating to sustainability since its conception. Subsequent reforms have offered some limited means of mitigating these problems yet ultimately they have not been adequately addressed and continue to cause critical damage to the European fisheries. Sound scientific advice has been continuously ignored resulting in catches in excess of the Total Allowable Catch (TAC), further compounding depleted stocks and reducing the chances of recovery. Despite the latest reform in 2013, European fisheries remain in a perilous condition. Brexit creates an opportunity for the UK to develop its own fisheries …

Are Corporations Free To Kill? Rethinking The Law On Corporate Manslaughter To Better Reflect The Artificial Legal Existence Of Corporations, Lucy Hooper

The Plymouth Law and Criminal Justice Review

This year, 2018, marks the 10 year anniversary of the implementation of the Corporate Manslaughter and Corporate Homicide Act 2007. It is, therefore, an appropriate time to review its effectiveness and consider whether the Act has achieved what it set out to. Its introduction was a parliamentary attempt to address the key defects'2 under the previous identification doctrine, where a company's liability was dependant on gross negligent manslaughter being sought in the relevant directing mind and will. This article will highlight the inadequacies of the former regime and review to what extent the 2007 Act has resolved them. Importantly, it …

A Supreme Matter Of Conscience: Lady Hale's Engagement With Article 9 Echr, James Gould

The Plymouth Law and Criminal Justice Review

No abstract provided.

Trashion: An Analysis Of Intellectual Property Protection For The Fast Fashion Industry, Eleanor Rockett

The Plymouth Law and Criminal Justice Review

Intellectual property law strives to provide a climate for invention, ingenuity and imagination to prosper. The standard theory, featured prominently in relevant international and national IP law regimes, is that copyists stifle the incentive for innovation. Yet, in an industry with copying at its heart, firms are prospering contrary to the above standard. This is fashion and, arguably, copying is what it is all about, after all. This paper examines how intellectual property theory works in the fashion industry and explores the idea that copying designs stimulates fashion innovation, thus generating a 'piracy paradox'. Further, it aims to scrutinise the …

Domestic Violence And The Male Victim: A Study Of The Prevalence Of Domestic Violence In Homosexual Male Partnerships, And The Laws And Social Policies That Exist To Control And Prevent It, Adam Richards

Plymouth Law Review

Gay men’s domestic violence (DV) is not a new problem, just a newly recognised one. DV has been seen as a ‘gendered’ issue that only affects heterosexual couples where a female is always perceived as the victim, with the perpetrator always a male. Victims, especially males, find it hard to seek help and advice, and struggle to report this such crimes. This article explores the problem of violence in the home and how it affects same-sex relationships, focusing primarily on homosexual males. It examines the current incidence of DV and includes comparisons with lesbian and heterosexual couples. Modern day perceptions …

The ‘Effective Decriminalisation’ Of Acquaintance Rape: Rape Myth Acceptance, Secondary Victimisation And Anti-Rape Campaigns, Eleanor Avery

Plymouth Law Review

This article examines the role that rape myth acceptance (RMA) and societal misconceptions play, in shaping the experience that victims of acquaintance rape are presented with, both culturally and legally. The utilisation of RMA by all bodies of the criminal justice system (CJS) as an essential movement away from the merits-based approach as set out in the Sexual Offences Act 2003 will be analysed in detail. Legal fictions surrounding the presumption of innocence, inclusion of third party and prior sexual history evidence alongside perceived complainant credibility and veracity can all be considered as factors influencing the unprecedentedly low prosecution rate …

A Critical Analysis Of The Regulation Of Pornography, With Particular Attention To The Protection Of Adolescents, Natasha Owen

Plymouth Law Review

No abstract provided.

Taking Psychological Torture Seriously: The Torturous Nature Of Credible Death Threats And The Collateral Consequences For Capital Punishment, John Bessler

All Faculty Scholarship

This article explores how the death penalty and the indefinite nature of death row in the United States creates a constant threat of death, which can violate the United Nations Convention Against Torture’s prohibitions on death threats.

An Examination Of The Lethality Assessment Program (Lap): Perspectives On Implementation, Helpseeking, And Victim Empowerment, Margaret E. Johnson

All Faculty Scholarship

The Lethality Assessment Program (LAP) aims to empower law enforcement officers to screen victims of domestic violence for potential lethality and connect them to service providers. This research surveyed domestic violence victims seeking legal services (n = 141) to assess whether LAP receipt is associated with greater rates of self-protective measures, service use, or empowerment, and to examine victims’ perspectives on the LAP process. Findings indicate no relationship between receipt of the LAP and use of self-protective measures or victim empowerment, mixed evidence between receipt of the LAP and service utilization, and room for improvement regarding how law enforcement …

Impact, Implementation, And Insights Of Peace Education: A Case Study Of The M.A. In Peace Studies And Conflict Transformation Program At The University Of Rwanda, Sarah M. Doerrer

LMU Theses and Dissertations

Higher education is arguably critical for healing and stabilization in postconflict contexts, by developing leaders who value peace and have the skill sets to achieve it in various sectors. A rapidly growing body of literature concludes that peace education in particular has great potential to transform postconflict communities, both in higher education and at other levels of schooling. Yet there exists little rigorous analysis of the decisions faced by educational leaders responsible for implementing such programs, particularly those in postconflict settings where the needs are uniquely challenging.

This qualitative investigation documented the M.A. in Peace Studies and Conflict Transformation program, …

Comparative Assessment Of Measures To Tackle The Illegal Trade In Endangered Species, Melanie Berry

Other Faculty of Arts, Humanities and Business Theses

This thesis is an assessment of measures to tackle the illegal trade in endangered species in Australia, South Africa and the UK. Utilising responses from Freedom of Information Act requests, it is shown that organisations have varying reactions when implementing domestic legislation relating to the illegal wildlife trade. Analysis extends to the offences contained within the domestic legislation; the requirements laid down in the Convention on International Trade in Endangered Species, along with other legislation aids the combating of the illegal wildlife trade. It highlights both global and national issues and the importance of tackling the illegal wildlife trade. This …

A Critical Analysis Of Harms Experienced By Transgender Individuals, Katie Mcbride

Other Faculty of Arts, Humanities and Business Theses

This study critically analyses trans people’s lived experiences of harm in relation to the wider socio-political economic neo-liberal environment. Through ethnographic interviewing methods that produced thick-data from 11 trans individuals, identifying variously within the broad umbrella term of ‘trans’, the data presented has been drawn from multiple interviews and subsequent discussions which were supplemented by life-timelines, personal missives and photographic images obtained through a participative Point of View visual methods approach. Through consideration of the limited capacity of the hate crime agenda to suitably acknowledge the significance of wider everyday harms that characterise trans individuals lived experiences; this thesis adopts …

Manipulating The Media: Victorian Lawyers, Transportation, And The Creation Of Panic Over Habitual Criminals, Judith Rowbotham

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

This article explores the largely forgotten attempts by key members of the legal profession in mid-nineteenth England to bring about a government rethink on the decision to abandon transportation. By creating alarm and despondency about the danger posed by introduction of the ticket-of-leave system to the United Kingdom, they hoped to generate popular pressure for a continuation of transportation overseas. To achieve this, the legal profession made use of their influence over the content of crime reportage to challenge the assurances given by figures like Colonel Jebb about the positive early results of domestic penal servitude and to generate widespread …

Reading Victorian Working-Class Expectations Of Fatherhood In Trials Of Paternal Negligence, Alesha Lister

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

This article examines the complex dynamics of class and gender in criminal proceedings against of men charged with feloniously causing the death of their children through neglect of their paternal duties. The intersection of ideas about respectability, masculinity and fatherhood are explored through a range of archival material generated by trials of men charged with fatally neglecting their children at the Central Criminal Court of London between 1800 and 1913. I argue that the behaviour of men accused of neglect-based homicide not only fell short of middle-class expectations of fatherhood but contravened customary expectations of fatherhood within London's working-class communities. …

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Journal of Air Law and Commerce

No abstract provided.

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Journal of Air Law and Commerce

No abstract provided.

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Journal of Air Law and Commerce

No abstract provided.

Front Matter

Journal of Air Law and Commerce

No abstract provided.

Crashworthy Code, Bryan H. Choi

Publications

Code crashes. Yet for decades, software failures have escaped scrutiny for tort liability. Those halcyon days are numbered: self-driving cars, delivery drones, networked medical devices, and other cyber-physical systems have rekindled interest in understanding how tort law will apply when software errors lead to loss of life or limb.

Even after all this time, however, no consensus has emerged. Many feel strongly that victims should not bear financial responsibility for decisions that are entirely automated, while others fear that cyber-physical manufacturers must be shielded from crushing legal costs if we want such companies to exist at all. Some insist the …

Re-Examining The Admissibility Of Victim Impact Statements In Capital Cases, Cauley Simmons

Case Western Reserve Law Review

No abstract provided.

Long Term Effects Of Involvement In The Criminal Justice System: Mitigating Collateral Consequences & Tackling Voter Disenfranchisement, Symposium Session 1, Wesley Caines, Lucy Cutolo, Kendea Johnson

Cardozo Journal of Equal Rights & Social Justice

The symposium examines the long-term effects of involvement in the criminal justice system, focusing on collateral consequences and voter disenfranchisement. It emphasizes the need for both prosecutors and defense attorneys to address these consequences early in criminal cases, as they significantly impact individuals' lives beyond direct legal penalties. The discussion highlights the importance of holistic approaches to mitigate these effects and advocates for systemic changes to reduce disparities and support successful reintegration into society.

Long Term Effects Of Involvement In The Criminal Justice System: Mitigating Collateral Consequences & Tackling Voter Disenfranchisement, Symposium Session 2, Sean Morales-Doyle, Anthony Posada, Sebastian Solomon

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Catalog 2019-2020, University Of North Florida

UNF Course Catalogs

No abstract provided.

Policies And Procedures Perceived By School Leaders To Reduce Truancy In A Public Charter School, Alix Desulme

All Theses And Dissertations

This qualitative study examined the causes of student truancy and the policies and procedures established by one public charter school to reduce truancy. Eight participants were asked to discuss the policies and procedures of their school, CSS, and how they as school leaders contributed to the success of the school regarding low truancy rates. Student truancy has become a major concern in the United States with some states and some counties experiencing higher truancy rates than others. This study aimed to understand leaders’ perceptions of the effectiveness of truancy policies at their school. To understand what factors affected truancy at …