School of Law

22 June
Pascal Sundi Mbambi (Université Catholique du Congo; Academic Visitor, ‘Endless Conflicts’ project)
'Can the humanitarian-development-peace (HDP) nexus act as a sustainable solution against the ongoing armed conflict in the DRC?'

1 June
Piotr Mikuli (Glasgow Fellow)
Discussant: Adam Tomkins

25 May
Zalman Rothschild (Glasgow Fellow)
Discussant: Nicole Busby

11 May
Luis Eslava (Glasgow Fellow)
'The Experience of International Law: New Poverty, Violence and Survival in the 21st Century'
Discussant: Charlie Peevers

30 March 2022
Nina Miller – (ESRC postdoc) - 'Caring on the Move: The Gender Care Gap and Intra-EU Migration Law’.
Discussant: Lea Raible

16 March 2022
Dania Thomas – 'Categories of Illusory Reference': Race, Consent and Uncertainty in Modern contract Doctrine’
Discussant: Bobby Lindsay

9 March 2022
Conor Crummey – Beyond a Presumption: The Principle of Legality as Integrity
Discussant: Lea Raible

23 February 2022
James Devaney – Theirs to Reason Why: A Coherence Framework for Fact-finding before the International Court of Justice
Discussant: Emilios Christodoulidis

9 February 2022
Toni Marzal – 'The Evolving Autonomy of International Arbitration'
Discussant: James Devaney

26 January 2022
Dania Thomas – 'Categories of Illusory Reference': Race, Consent and Uncertainty in Common Law Reasoning
Discussant: Bobby Lindsay

19 January 2022
Christian Tams – A New Terrain: Litigating Military Conflicts before Inter-State Courts
Discussant: Toni Marzal

17 November 2021
Ana Cannilla - 'Consent to Sex'
Discussant: Nicole Busby

27 October 2021
Lindsay Farmer - "Like an Insane Gambler Mad to be Rid of his Fortune: Trust and Deception in the Trial of the Directors of the City of Glasgow Bank (1879)"

13 October 2021
Lea Raible - 'The ECHR's Democratic Society: Secessionist Movements and Human Rights'
Discussant: Marco Goldoni

2 March 2021
Rachel McPherson - 'An empirical study of criminal defences'

Abstract: Although much has been written about the theory of criminal defences, little is known about how they operate in practice. This paper presents findings on the use of criminal defences in Scottish homicide cases across an 11-year period. It proposes that 'lived experience analysis' offers a lens through which criminal defences can be understood. More than simply being a descriptive account of how defences operate in practice, this asks whether our current framework of criminal defences is able to represent the context in which people act in modern society. At a time when the criminal defences to murder are being reviewed by the Scottish Law Commission, it is important to consider what reform, if any, would be most appropriate.

23 February 2021
Alasdair Peterson - “Accretion of Title in Scots law: Why does the Law step in to do what the Granter is Bound to Do?”

10 February 2021
Adam Reilly - 'What lessons for bona fide purchase might we learn from Lord Westbury? Phillips v Phillips (1861) in Context'

Abstract: In Phillips v Phillips, Lord Westbury stated that, against a bona fide purchaser faced with an ‘equity’ to rescind, “the Court will not interfere”. This has been interpreted to mean that purchasers of even an equitable interest shall take free of prior equities. Yet the distinction between ‘equities’ and equitable interests has been, and remains, uncertain; some have therefore questioned the wisdom of, and intent behind, Phillips. This paper shall elucidate Lord Westbury’s intentions within their historical context and argues that Phillips offers a coherent, functional explanation of both: (i) the protection given to equity’s darling; and (ii) how that protection was effected. A number of implications arise from this: (i) Phillips is not simply a perfectly coherent instance of bona fide purchase but is central to the proper understanding of that defence; such that (ii) our contemporary understanding that the defence requires the acquisition of the legal estate, in order to raise a point of jurisdiction, is misconceived and needs revisiting. The focus of my 'work in progress' is on making good the last two of these claims.

3 February 2021
Alan Brown - 'Surrogacy Law Reform in the UK: The Ambiguous Position of Payments to the Surrogate'

Abstract: In recent years, there has been growing academic criticism of the legal regime governing surrogacy arrangements and repeated calls for law reform. In June 2019, the Law Commission of England and Wales and the Scottish Law Commission published a Joint Consultation Paper, ‘Building Families Through Surrogacy: a New Law’, which notes that, ‘the current law is out of date, unclear and not fit for purpose.’ (Para 1.50, at p 12). One area of the current law where such issues are apparent is the regulation of payments made by the intended parents to the surrogate. The judicial approach to the granting of ‘parental orders’, under section 54 Human Fertilisation and Embryology Act 2008, has been critiqued by the academic literature and the consultation paper recognises these criticisms in considering options for reform. However, the equivocal approach taken by the Law Commissions to the regulation of payments within surrogacy arrangements may result in the criticisms made against the current legal regime not being effectively addressed, because the approach of the consultation paper regarding payments is piecemeal and lacks a clear underlying regulatory rationale.

4 November 2020
Anna Chadwick - 'Human Rights, Poverty, and Capitalism'

Abstract:This project is a collaboration between the Universities of Glasgow (Nicole Busby PI), Birmingham, Bristol and Ulster and the Child Poverty Action Group and Women’s Budget Group. Building on the international success of the Feminist Judgments Project, the project utilises a feminist judgments methodology (FJM) as a means of highlighting and responding to the gendered inequalities caused and perpetrated by the UK’s social security system. The use of FJM is extended to include policy and law-making processes and their implementation alongside judicial decision-making. The overarching objective is to develop a broader feminist law methodology to be used to frame and critique current provision and to identify recommendations for reform.

28 October 2020
Nicole Busby - 'Gender Justice in Social Security: Towards a Feminist Judicial Review’

Abstract: This project is a collaboration between the Universities of Glasgow (Nicole Busby PI), Birmingham, Bristol and Ulster and the Child Poverty Action Group and Women’s Budget Group. Building on the international success of the Feminist Judgments Project, the project utilises a feminist judgments methodology (FJM) as a means of highlighting and responding to the gendered inequalities caused and perpetrated by the UK’s social security system. The use of FJM is extended to include policy and law-making processes and their implementation alongside judicial decision-making. The overarching objective is to develop a broader feminist law methodology to be used to frame and critique current provision and to identify recommendations for reform.

4 December 2019
‘Freedom of panorama? Copyright and the documentation of everyday life in Glasgow and Edinburgh’

20 November 2019
‘Would you insure your neighbour’s car? Sharing risk in the collaborative economy’

6 November 2019
Arthur Ripstein (University of Toronto - Glasgow Law Fellow)
‘Members of the public: a new theory of public goods’

23 October 2019
‘Contract-based accountability, project law and sustainable Development’

4 June 2019
Wendy Ng (University of Melbourne - Glasgow Law Fellow)
‘Does technical assistance matter in legal transplantation? A case study of competition law in ASEAN’

16 May 2019
David Dyzenhaus (University of Toronto - Glasgow Law Fellow)
'Towards Political Legal Theory'

14 February 2019
Jill Robbie
'Resisting Regulation of Property Law in the Context of Sustainability'

7 February 2019
Bobby Lindsay
'Accessory Liability and International Private Law'

24 January 2019
Frankie McCarthy
'Constitutional Property Theory and Scottish Land Reform'

10 October 2018
James Chalmers and Fiona Leverick
Research in Criminal Law

31 October 2018
Stephen Bogle
Research in Private Law

7 November 2018
Frankie McCarthy
Research in Property Law and Theory