Top Research Papers on Law

Newly revised and expanded, The Law of Armed Conflict, 2nd edition introduces law students and undergraduates to the law of war in an age of terrorism. What law of armed conflict (LOAC), or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists legally bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantanamo military...

Abstract This book examines the place of the concept of constituent power in constitutional history, focusing on the legal and institutional implications that theorists, politicians, and judges have derived from it. It shows that constituent power, even though having historically been associated with extra-legality and violations of the constitutional order, has played important functions in the making of determinations of legal validity. Constitutional courts have employed it to justify their jurisdiction to invalidate constitutional amendments that alter the fundamental structure of the cons...

Recently, many metaheuristic optimization algorithms have been developed to address real-world issues. In this study, a new physics-based metaheuristic called Fick's law optimization (FLA) is presented, in which Fick's first rule of diffusion is utilized. According to Fick's law of diffusion, molecules tend to diffuse from higher to lower concentration areas. Many experimental series are done to test FLA's performance and ability in solving different optimization problems. Firstly, FLA is tested using twenty well-known benchmark functions and thirty CEC2017 test functions. Secondly, five real-...

Almost five years have passed since the first successful edition of this work and for various reasons it was time for a new edition. Much relevant case law and legal literature have since been published which requires treatment. Furthermore, several hard and soft laws relevant to the book have under­gone important changes, making a new edition necessary: the enactment of the new Chinese Civil Code, the French Civil Code following extensive reforms in 2016, the UNI­DROIT Principles now apply as amended in 2016, and the INCOTERMS 2020 replace the former INCOTERMS 2010. Praise for the 1st edition...

Abstract This book is a comprehensive and interdisciplinary account of the techniques used to regulate multinational enterprises (MNEs) at the national, regional and multilateral levels. The book considers the effects of corporate self-regulation, and the impact of civil society and community groups upon the development of the legal order in this area. It has been thoroughly revised and updated for this third edition. The book is split into four parts. Part I deals with the conceptual basis for MNE regulation. It explains the growth of MNEs, their business and legal forms and the relationship ...

The aim of this book is to provide a history of law and social control in the 20th Century from the perspective of a post-modern perspective.

This new edition outlines important case law developments on the law on mental capacity and euthanasia, including the Alfie Evans and Tafida Raqeeb litigation, case law interpreting the Mental Capacity Act, and the Court of Appeal in Conway.

The article focuses on the links between criminal law and philosophy as well as the foundations of philosophy and criminal law. The author notes that in modern conditions criminal law can develop only relying on philosophy and shows how philosophy affects the understanding of the need to transform criminal law. Modern criminal law needs to be reflected. Life is changing, so the role of law in it is changing, too. Criminal law can no longer perform its functions in the way it used to. If we fail to understand this, we will not be able to move forward in our development. We will have to move a l...

Principles of Property Law offers a critical and contextual analysis of fundamental property law concepts and principles, providing students with the necessary tools to enable them to make sense of English land law rules in the context of real world applications. This new book adopts a contextual approach, placing the core elements of a qualifying law degree property and land law course in the context of general property principles and practices as they have developed in the UK and other jurisdictions in response to a changing societal relationship with a range of tangible and intangible thing...

Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials – modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book Margaret Brazier, Emma Cave and Rob Heywood provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The seventh edition of this book has been fully revised with 100 n...

Abstract International law, though formally neutral among regime types, has mainly been a product of liberal democracies since World War II. In light of recent challenges to the liberal international order, this Article asks, what would international law look like in an increasingly authoritarian world? As compared with democratic countries, authoritarians emphasize looser cooperation, negotiated settlements, and rules that reinforce regime survival. This raises the possibility of authoritarian international law, designed to extend authoritarian rule across time and space.

In modern markets, many companies offer so-called 'free' services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive collection of their personal data. Consumer organizations have used consumer law to tackle data protection infringements. The interplay of data protection law and consumer protection law provides exciting opportunities for a more i...

This comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory.

Abstract We compile observations of molecular gas contents and infrared-based star formation rates (SFRs) for 112 circumnuclear star-forming regions, in order to reinvestigate the form of the disk-averaged Schmidt surface density star-formation law in starbursts. We then combine these results with total gas and SFR surface densities for 153 nearby nonstarbursting disk galaxies from de los Reyes & Kennicutt (2019), to investigate the properties of the combined star formation law, following Kennicutt (1998). We confirm that the combined Schmidt law can be fitted with a single power law with ...

Established in 1959, the Virginia Journal of International Law (VJIL) was a student-edited law review at the University of Virginia School of Law. It was among the world's most influential international law journals, and pieces published in the journal had been cited by the Supreme Court of the United States and the International Court of Justice, among many other highly prestigious courts. Despite this, it faced numerous operational challenges, including long publication lead times, missed publication dates, and financial uncertainty. The case allows students to practice problem solving throu...

Since its first publication in 1979, Law, Ethics, and the Visual Arts has been the foundational text in the field of art law. This thoroughly reorganized and updated sixth edition takes a fresh look at primary materials and commentary from previous editions, extending the book's analysis with significant changes in format and content to reflect changes in the field. The book has multiple uses and audiences: a text for courses in law schools and graduate programs, a reference work for lawyers and museum professionals, and a lively read - filled with engaging legal stories and colorful anecdotes...

Law and Justice as Seen on TV examines the impact, significance, and social and political problems raised by the enormous onslaught of law-related television programming, both fiction and nonfiction, in the years since the rise of live televised trials as major media events. The book weaves together the various strands—media history and analysis, legal history and policy, and the national turn to the political right in the last decades—which gave birth to this trend and has kept it thriving and growing, by leaps and bounds, to the present day. Beginning with the history of courtroom drama on T...

The Vienna Convention on the Law of Treaties, adopted in 1969 and entering into force in 1980, stands as a cornerstone in international law, providing a comprehensive framework for the formation, interpretation, and termination of treaties between sovereign states.This abstract offers a succinct overview of the treaty, highlighting its key principles and contributions to the development of international legal norms.The Convention begins by defining the terms and scope of treaties, emphasizing the principle of pacta sunt servanda, which underscores the fundamental obligation of states to fulfil...

Abstract This updated and revised fourth edition sets out a Black Letter text of international humanitarian law accompanied by case analysis and extensive explanatory commentary. The book takes account of recent legal developments, such as the 2017 Nuclear Weapons Prohibition Treaty, as well as the ongoing debate on many old and new issues including the notion of direct participation in hostilities; air and missile warfare; military operations in outer space; military cyber operations; belligerent occupation; operational detention; and the protection of the environment in relation to armed con...

How well can AI models write law school exams without human assistance? To find out, we used the widely publicized AI model ChatGPT to generate answers on four real exams at the University of Minnesota Law School. We then blindly graded these exams as part of our regular grading processes for each class. Over 95 multiple choice questions and 12 essay questions, ChatGPT performed on average at the level of a C+ student, achieving a low but passing grade in all four courses. After detailing these results, we discuss their implications for legal education and lawyering. We also provide example pr...