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Full-Text Articles in Law

Healthcare And Its Impact On Nurses: The United States Vs. The United Kingdom, Alexandria Colovos Nov 2017

Healthcare And Its Impact On Nurses: The United States Vs. The United Kingdom, Alexandria Colovos

Mahurin Honors College Capstone Experience/Thesis Projects

Currently, in the United States, the topic of healthcare reform is in the back of everyone’s mind. What will come of our healthcare system? Will the cost of healthcare decrease? Will patients have better access to care? With this Capstone Experience/Thesis, I wanted to explore the differences between the current healthcare system that we have in the United States, to the nearly seventy-year-old National Health Service (NHS) in the United Kingdom, which provides healthcare to all. The NHS is free at the point of care and is funded by taxation. To understand if such a system would work in the …


Corporate Directors In The United Kingdom, Stephen M. Bainbridge Nov 2017

Corporate Directors In The United Kingdom, Stephen M. Bainbridge

William & Mary Law Review Online

In the United States, state corporation law uniformly provides that only natural persons may serve as directors of corporations. Corporations, limited liability companies, and other entities otherwise recognized in the law as legal persons are prohibited from so serving. In contrast, the United Kingdom allowed legal entities to serve as directors of a company. In 2015, however, legislation came into force adopting a general prohibition of these so-called corporate directors, albeit while contemplating some exemptions. This Article argues that there are legitimate reasons companies may wish to appoint corporate directors. It also argues that the transparency and accountability concerns that …


Brexit And The Wto: What Happens Next, Andrea Xu Nov 2017

Brexit And The Wto: What Happens Next, Andrea Xu

Michigan Journal of Environmental & Administrative Law

In the summer of 2016, the United Kingdom (the “UK”) announced its decision to leave the European Union (the “EU”). This decision, more commonly known as “Brexit,” subsequently stirred British politics, which included Theresa May replacing David Cameron as Prime Minister. Brexit created a unique situation in European and global politics, and instigated a discussion among politicians, academics, economists, and the likes about how the UK will leave the EU and Brexit’s implications in the UK, Europe, and the world as a whole.

This Note analyzes one specific aspect of Brexit: the administrative procedures the UK must undergo to establish …


The Time Is Now: Why The United States Should Follow The United Kingdom's Lead And Implement A Federal Nazi-Looted Art Spoliation Advisory Panel, Chloe Ricke Jun 2017

The Time Is Now: Why The United States Should Follow The United Kingdom's Lead And Implement A Federal Nazi-Looted Art Spoliation Advisory Panel, Chloe Ricke

Georgia Journal of International & Comparative Law

No abstract provided.


Judicial Oversight Of Interception Of Communications In The United Kingdom: An Historical And Comparative Analysis, David G. Barnum Jun 2017

Judicial Oversight Of Interception Of Communications In The United Kingdom: An Historical And Comparative Analysis, David G. Barnum

Georgia Journal of International & Comparative Law

No abstract provided.


Negotiating And Mediating Brexit, Horst Eidenmüller Mar 2017

Negotiating And Mediating Brexit, Horst Eidenmüller

Pepperdine Law Review

The United Kingdom will leave the European Union. Brexit will involve many complex negotiations. This article analyses the negotiation position of the parties (UK, EU, Member States) based on a set of four key negotiation factors: agreement options, nonagreement alternatives, interests, and perceptions. A special focus here is on the effect of triggering the formal withdrawal process under the Treaty on European Union’s Article 50 on the non-agreement alternatives of the parties. The article considers the likely negotiation strategy of the UK against this background. It further discusses strategic negotiation moves already made by the parties and moves likely to …


Transparency, Transparency:Comparing The New Lobbying Legislation In Ireland And The Uk, Sean Keeling, Sharon Feeney, John Hogan Jan 2017

Transparency, Transparency:Comparing The New Lobbying Legislation In Ireland And The Uk, Sean Keeling, Sharon Feeney, John Hogan

Articles

his paper analyses the strength of the new laws regulating lobbying in Ireland and the United Kingdom (UK). This examination was conducted using the Centre for Public Integrity’s (CPI) ‘Hired Guns’ quantitative method for assessing the stringency of lobbying legislation. These laws were introduced, after years of unfulfilled promises and scandals, in an effort to increase the public’s trust in their representative institutions. We find that the Irish Regulation of Lobbying Act 2015 offers a slightly higher level of transparency than the UK’s Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014. Additionally, using the CPI’s index allows …


Legislative Sovereignty, Executive Power, And Judicial Review: Comparative Insights From Brexit, René Reyes Jan 2017

Legislative Sovereignty, Executive Power, And Judicial Review: Comparative Insights From Brexit, René Reyes

Michigan Law Review Online

In June 2016, participants in a United Kingdom referendum voted to leave the European Union (EU) by a margin of 52% to 48%. The timing and terms of Britain’s exit (commonly known as “Brexit”) are the subject of on-going public and parliamentary debate. But the mechanism by which Brexit is to be formally commenced was clarified by the U.K. Supreme Court at the end of January 2017 in the landmark case R (Miller) v. Secretary of State for Exiting the European Union. The question presented was whether ministers of Theresa May’s government could give notice of the U.K.’s withdrawal …


Crown Copyright: An Overview For Government Departments, National Archives, United Kingdom Jan 2017

Crown Copyright: An Overview For Government Departments, National Archives, United Kingdom

Copyright, Fair Use, Scholarly Communication, etc.

The purpose of this guidance is to provide government departments with a general overview on how Crown copyright is managed. It covers the following: What is Crown copyright? Copyright ownership, re-use of Crown copyright information, and copyright and publishing.


The Sharing Economy And The Edges Of Contract Law: Comparing U.S. And U.K. Approaches, Miriam A. Cherry Jan 2017

The Sharing Economy And The Edges Of Contract Law: Comparing U.S. And U.K. Approaches, Miriam A. Cherry

Faculty Publications

Technology and the rise of the on-demand or sharing economy have created new and diverse structures for how businesses operate and how work is conducted. Some of these matters are intermediated by contract, but in other situations, contract law may be unhelpful. For example, contract law does little to resolve worker classification problems on new platforms, such as ridesharing applications. Other forms of online work create even more complex problems, such as when work is disguised as an innocuous task like entering a code or answering a question, or when work is gamified and hidden as a leisure activity. Other …