Past outputs

2020

Find more details on individuals' publications please check their staff profiles.

2019

2018

  • E Aspey, ‘Regulating Complex Contracting: A Socio-legal Study of Decision-Making Under EU and UK law’ (2018) Modern Law Review 81(2):191-221.
  • S Devaney, ‘Enhancing the International Regulation of Science Innovators: Reputation to the Rescue?’ Journal of Law, Innovation and Technology (accepted with revisions 10,000 words).
  • S Devaney (and Soren Holm), ‘The Transmutation of Deference in Medicine: An Ethico-Legal Perspective’ (2018) Medical Law Review 26 (2), 202-224.
  • E Dewhurst, ‘Article 18 European Social Charter’ in E Ales and others (eds.) (Accepted/In press) International and European Labour Law: A commentary (Nomos Verlag 2018).
  • E Dewhurst, ‘Article 19 European Social Charter’ in E Ales and others (eds.) (Accepted/In press) International and European Labour Law: A commentary (Nomos Verlag 2018).
  • E Dewhurst, ‘Human Dignity in Ireland’ in P Becchi and K Mathis (eds.) (Accepted/In press) Handbook on Human Dignity in Europe (Springer 2019).
  • E Dewhurst, ‘The Labour Rights of Third Country Nationals in EU Law’ in E Ales and others (eds.) (Accepted/In press) International and European Labour Law: A commentary (Nomos Verlag 2018).
  • J Garcia Oliva (and Hall), ‘Exorcism and the Law: Are the Ghosts of the Reformation Haunting Contemporary Debates on Safeguarding versus Autonomy’ [2018], Law and Justice 51-81.
  • J Garcia Oliva, ‘Religious Liberty, Gender Identity and a Hierarchy of Rights from Strasburg: A UK Perspective’, Derecho y Religión.
  • J Garcia Oliva, (and H Hall), ‘Responding to Non-Liberal Minorities within a Liberal State: the challenge posed by children and vulnerable adults’ [2018], Public Law 258-276.
  • J Garcia Oliva, (with S. Cañamares), ‘An Overview of Education and Religion in Spain’ in C. Russo (ed), Comparative Legal Issues in Elementary and Secondary Education, (Rowman and Littlefield).
  • J Garcia Oliva, ‘The Religious and Ideological Freedom of Teachers in the English Legal Framework’ [with D. Ginn], accepted for publication by the Oxford Journal of Law and Religion.
  • F Garland (and M Travis), ‘Legislating Intersex Equality: Building the Resilience of Intersex People through Law’ [2018], Legal Studies 24.
  • N Harris, ‘Complexity: knowing it, measuring it, assessing it’ in J. Murray, T. Webb and S. Wheatley (eds), Complexity Theory and Law: Mapping an Emergent Jurisprudence (Routledge) (in press) (9,000 words) (publication due on 26 July 2018).
  • N Harris (and G Davidge) Autonomy, Rights and Children with Special Educational Needs: A New Paradigm? English Local Authority Survey Results (Centre for Research in Education Inclusion and Diversity, University of Edinburgh, 2018) 71pp.
  • N. Harris, ‘Welfare Rights, Austerity and the Decision to Leave the EU: Influences on UK Social Security Law’ (2018) 25(1) Journal of Social Security Law 9-33.
  • N. Harris, Legislative and Policy Developments in Special Educational Needs in England and Additional Support Needs in Scotland: Advancing Children and Young People’s Rights (Centre for Research in Education Inclusion and Diversity, University of Edinburgh, 2018) 33pp.
  • N. Harris, ‘A “Regular” Matter: Education Law in the UK Supreme Court’ in D Clarry (ed), UK Supreme Court Yearbook, Volume 8:  2016-17 Legal Year (London: Appellate Press, 2018), 176-205.
  • J Jaconelli "Incitement - A Study in Language Crime"   (2018) 12 (2) Criminal Law and Philosophy 245-265.
  • A Koukiadaki (and I Katsaroumpas), ‘Greece: ‘Contesting’ Collective Bargaining’ (2000-2016)’ in Collective Bargaining in Europe. Müller, T. & Waddington, J. (eds.).
  • A Koukiadaki (and J Rubery), ‘Institutional Interactions in Gender Pay Equity: A Call for Inclusive, Equal and Transparent Labour Markets’ [2018], Oxford Human Rights Journal.
  • A Koukiadaki  (and J Rubery) (forthcoming in 2018) Institutional Interactions in Gender Pay Equity: A Call for Inclusive, Equal and Transparent Labour Markets, inaugural issue of the Oxford Human Rights hub journal.
  • A Koukiadaki, (forthcoming in 2018) Articles 51 and 52 of the Charter of Fundamental Rights of the European Union, in N. Bruun, K. and Loercher (eds) The Charter of Fundamental Rights of the European Union and the Employment Relation (Hart Publishing).
  • R Lamont, Family Law (Oxford University Press, 2018).
  • R Lamont, ‘The Development of Child Protection Across International Borders for Children at Risk of Harm’ in International and national perspectives on child and family law: Essays in Honour of Nigel Lowe. Douglas, G., Murch, M. & Stephens, V. (eds.). 1 ed. Intersentia, p. 233.
  • L Lovdahl Gormsen, ‘Stumbling Towards the UK’s New Administrative Settlement: a Case study of Competition Law and Enforcement after Brexit’ (2018) Cambridge Yearbook of European Legal Studies.
  • G Lynch-wood (and D.P. Horton), ‘Technocracy, the market and the governance of England’s National Health Service’ [2018], Regulation and Governance.
  • G Lynch-Wood (and D Williamson), ‘Board effectiveness and regulation: Explaining the deficit’. In Ngwu, F., Osuji, O., and Williamson, D. Corporate Governance in an International Context(Forthcoming in 2018).
  • G Lynch-Wood (and D Williamson) ‘Codes for boards of directors: A law and morality and organisational differences perspective’ In Ngwu, F., Osuji, O., and Williamson, D. Corporate Governance in an International Context (Forthcoming in 2018).
  • G Lynch-Wood (and D Horton2018, ‘Rhetoric and Reality: User Engagement and Health Care Reform in England’ 26(1) Medical Law Review 27-50.
  • G Smith, ‘Combating impunity for human rights abuse and independent investigation of the police’ In R. Alleweldt and G. Fickenscher (eds) The Police and International Human Rights Law, (London: Springer 2018).
  • R Thomas, report on digitisation of tribunals https://ukaji.org/2018/04/09/new-report-the-digitalisation-of-tribunals/.
  • R Thomas (and J Tomlinson), ‘A Different Tale of Judicial Power: Administrative Review as a Problematic Response to the Judicialisation of Tribunals’ [2018], Public Law.
  • B Wardhaugh, Revision of “Competition Law and the Internet” in Paul Lambert (ed.) Gringras, The Laws of the Internet (London:  Bloomsbury, forthcoming September 2018). 

2017

N Cobb, ‘University Discipline, Sexual Violence and Human Rights: Towards a ‘Whole-State’ Approach’ (2017) Common Law World Review (Accepted/In press)

J Garcia Oliva (and H Hall), Religion, Law and the Constitution: Balancing Beliefs in Britain (Routledge 2017) foreword by Dominic Grieve QC and introduction by Baroness Elizabeth Butler-Sloss. 

J Garcia Oliva, ‘Fundamentalismo Religioso en el Reino Unido’, in F. Pérez Madrid (ed), Religion, Libertad y Seguridad, 97-112, Tirant Lo Blanch [2017]

L Lovdahl Gormsen, ‘Should Antitrust Protect New Entrants?’ (2017) N° 4-2017 Concurrences

L Lovdahl Gormsen, ‘Competition Law and Democracy’ (2017) Vol 16(7) Competition Law Insight 7

 L Lovdahl Gormsen, ‘Legitimate Expectation of Consistent Interpretation of EU State aid Law: Recovery in State aid cases involving advanced pricing agreements on tax’ (2017) Journal of European Competition Law and Practice Vol 8(7) 423-436 (12.000 words)

 L Lovdahl Gormsen, ‘State Aid and Direct Taxation and the Big Eruption between the US and the EU’ (2017) Antitrust Bulletin Vol 85 (12.500 words)

N. Harris, ‘S v Special Educational Needs Tribunal and Oxfordshire CC’ in K Hollingsworth, H Stalford and S Gilmore (eds) Rewriting Children’s Rights Judgments (Hart, 2017), 370-380. [Book chapter]

N Harris, D. Ryffe, L. Scullion and S. Stendahl, ‘Ensuring the Right to Education for Roma Children: An Anglo-Swedish Perspective’ (2017) 31 International Journal of Law, Policy and the Family 230-267 [Journal article]

A Koukiadaki (and N Countouris)  (2017) Οι Ομαδικές Απολύσεις, το Δηgeμόσιο Συμφέρον και ο Μύθος τουΑνίσχυρου Κράτους (Collective Redundancies, Public Interest and the Myth of the Powerless State), ΕπιθεώρησηΕργατικού Δικαίου (Revue de Droit du Travail), 76(4): 469-486.

A Koukiadaki (and N Countouris) (2017) ‘The Glass Half-full: Collective Redundancies, Public Interest, and the (unfulfilled) Potential of Europe’s "Highly Competitive Social Market Economy"’, Giornale di Diritto del Lavoro e di Relazioni Industriali, 153(1): 193-201.

A Koukiadaki (and C Kokkinou)  Το Πρεκαριάτο την Περίοδο της Κρίσης και η Εδραίωση της Εργασιακής Επισφάλειας:  Η Περίπτωση Μελέτης της «Ενοικίασης Εργαζομένων» (The Precariat during the Crisis and the Consolidation of Work Precariousness: The Case of Temporary Agency Work), in Karakioulafi, K. and Spiridakis, M. (eds), Sociology of Work (Gutenberg, 2017).

A Koukiadaki (and G Article) in N. Bruun, K. Loercher and I. Schoemann (eds) The European Social Charter and the Employment Relation (Hart Publishing, 2017)

A Koukiadaki  (and I Katsaroumpas) (2017) Temporary Contracts, Precarious Employment, Employees’ Fundamental Rights and EU Employment Law, Committee on Petitions, European Parliament.

A Koukiadaki  (and M Martinez-Lucio and I Tavora) The Legacy of Thatcherism in European Labour Relations: The Impact of the Politics of Neo-Liberalism and Austerity Policies on Collective Bargaining Reform in a Fragmenting Europe (Institute of Employment Rights, 2017).

A Koukiadaki  (and D Grimshaw and I Tavora) Social Dialogue and Economic Performance: What Matters for Business (ILO, 2017)

R Lamont, ‘Not a European Family: Implication of ‘Brexit’ for International Family Law’ [2017] Child and Family Law Quarterly. 29,3, p. 267-280

R Lamont, ‘Mediation in EU Cross-Border Family Law’, in P Beaumont and others (eds.), Cross-Border Litigation in Europe, (Har Publishing 2017), pp.787-802

R Lamont, ‘Commentary on App.No.3890/11 Povse v Austria’, in H. Stalford, K. Hollingsworth and S. Gilmore (eds.), Children’s Rights Judgements (Hart Publishing 2017), pp.513-528

R Lamont (and E Moss, C Wildman and L Kelly), ‘Rethinking Child Welfare and Emigration Institutions, 1870-1914’ [2017], Cultural and Social History 20

G Lynch-Wood (and J Pearson) 2017, ‘Concern and counter-concern: the challenge of fragmented fears for the regulation of hydraulic fracturing’ 4(5) The Extractive Industries and Society: An International Journal 672-680.

G Lynch-Wood (D Williamson) 2017, ‘The Global Compact and the governance of situated firms’. In Gudić, M., Flynn P and T. Tan. Eds. The Global Compact (Greenleaf Publishing) 156-166.

G Lynch-Wood (D Williamson and D Horton) 2017, ‘Perspectives on civil regulation, firms, and the environment.’ In Asquer, A., F. Becchis and D. Russilillo. Eds. The Political Economy of Local Regulation: Theoretical Frameworks and International Case Studies (Palgrave Macmillan, London) 127-146.

2016

Joint regulation and labour market policy in Europe during the crisis

Aristea Koukiadaki, Isabel Távora and Miguel Martínez Lucio (eds 2016)

This book presents the results of a research project which sought to understand how the crisis-driven labour policy measures in the EU Member States most affected by the crisis translated into changes in collective bargaining in manufacturing. Drawing on empirical evidence consisting of interviews with policy officials and industrial relations actors as well as of company case studies in seven countries (Greece, Ireland, Italy, Portugal, Romania, Slovenia and Spain) the book illustrates how the recent policy measures have resulted in a crisis of collective bargaining at different levels, including not only national but also sectoral and company levels. In most cases, the structure, process, content and outcomes of collective bargaining have been undermined calling into question the capacity of the industrial relations actors to respond and regulate terms and conditions of employment in the post-crisis period. However, there is also evidence of institutional and organisational resilience and reconfiguration in the process of responding to and accommodating the labour policy measures, most notably in industrial relations systems that were characterized by strong bargaining arrangements in the pre-crisis period.

2015

Complexity in the Law and Administration of Social Security: Is it Really a Problem?

Neville Harris (2015)

This article (in the Journal of Social Welfare and Family Law, published online in May 2015 and scheduled for inclusion in the printed edition vol. 37, issue 2) explains how the complexity in the law and structure of the modern welfare (social security) system has represented a significant driver for welfare reforms in the UK, including those undertaken by the Coalition Government 2010-15, aimed at simplification. The article explains diverse conceptual and methodological approaches employed in defining complexity. It argues that despite the difficulties to which complexity gives rise, both for the citizen and the state, attention should also be paid to the dangers of simplification. The article warns that a degree of complexity in relation to social security provision may be necessary if rights to welfare are to be adequately safeguarded. Helen Stalford, the editor of JSWFL, comments in her editorial that the article "highlights the counterintuitive nature of a process that seeks to establish control and certainty in an area that is defined by economic and social unpredictability" and that there tends to be "a complicated and variable web of regulatory responses, no matter how many attempts are made by successive administrations to simplify the system". She says: “Harris points to the potential of the law to make sense of these complexities, but suggests that these attempts are immediately compromised by the fact that they are primarily driven by a desire to reduce administrative costs and rationalise provision rather than to render the system more accessible and transparent to the ordinary citizen.”

Economic Actors in EU Environmental Law

Carolyn Abbot (2015)

Economic actors play an important role in EU environmental governance. Their superior information and knowledge harnessed appropriately, can make a valuable contribution to the regulatory process. This article (co-authored with Maria Lee and published in the Yearbook of European Law (2015)) explores the contributions made and challenges posed by this "decentred" approach to regulation, focusing on the enrolment of economic actors in the Industrial Emissions Directive 2010 (IED) and the Registration, Evaluation, Authorisation and Restriction of Chemical Substances Regulation 2006 (REACH). It identifies three safeguards in the IED and REACH that attempt to respond to concerns about the role of economic actors: inclusion, transparency, and public oversight and responsibility. Whilst these safeguards (individually and collectively) have the potential to enhance legitimacy and accountability, there are no straightforward prescriptions for the challenges posed by the intimate role of economic actors in environmental governance. All that is possible is to endeavour to make sites of private governance as legitimate and as accountable as possible.

 

2014

Ethnic Minority Police Officers and Disproportionality in Misconduct Proceedings

Graham Smith (2014)

The concern with perceptions of disproportionality on the grounds of ethnicity in internal police misconduct proceedings surfaced in England and Wales in the early 2000s. This article (see Policing and Society: An International Journal of Research and Policy (2014) 1-18) commences with a discussion of the meaning of disproportionality and two forms, numerical and procedural, are identified. A brief review of existing research is followed by the presentation of research on the experiences of serving and former Greater Manchester Police ethnic minority officers of procedural disproportionality in misconduct proceedings. The article concludes with a discussion of the implications of the research for equality and diversity and attempts to create more representative police services.

The Tripartite Police Complaints System of Hong Kong

Graham Smith (2014)

Practitioners define the police complaints system of Hong Kong as a two-tier system. This paper (see Asia-Pacific Journal on Human Rights and the Law (2014) 15 (1&2) 119-145), written at the request of organisers of a 2014 Symposium, briefly outlines the international reform trend and purposes of police complaints systems then examines the Hong Kong system. A different conceptualisation is suggested to the one currently preferred by practitioners. It is observed that three organisations - the Independent Commission Against Corruption, the Complaints Against Police Office of the Hong Kong Police Force, and the Independent Police Complaints Council - share responsibility for handling complaints against the police. It is proposed that a full and comprehensive audit of the powers, duties and responsibilities of the three organisations that comprise this tripartite system, supported by research on the experiences of complainants, would provide an important evidence base for developing the system.

Post-Crisis Trajectories of European Corporate Governance: Dealing with the Present and Building the Future

Michael Galanis (co-editor 2014)

This special issue of the Journal of Law and Society (co-edited with Alan Dignam) offers a critical reassessment of policy and institutional elements of corporate governance as it relates to the member states of the European Union. The edited collection:

  • Presents a critical overview of contemporary corporate governance practices in the EU
  • Reassesses current European corporate governance policies
  • Questions whether there should be a unified corporate governance trajectory in the EU
  • Questions if such a trajectory exists, must it be completely reoriented or would a simple upgrade of current arrangements suffice
  • Features contributions from a variety of experts on corporate governance

Welfare Reform and the Shifting Threshold of Support for Disabled People

Neville Harris (2014)

Among the highly significant changes to the benefits system made by the Welfare Reform Act 2012 is provision for a new disability benefit, personal independence payment (PIP). PIP is replacing disability living allowance (DLA), received by three million people, as the principal form of state financial support towards disability-related care and mobility costs for those of working age. The legislation, including regulations prescribing a new disability assessment framework, plays its traditional role in this field of rationing access to benefit and directing front-line policy implementation. This article (see (2014) 77(6) Modern Law Review 888-927) examines how, in the context of the Coalition government’s welfare reforms, PIP shifts the threshold of entitlement for people with disabilities and it assesses PIP’s potential impact on equality and the right to independent living, to whose realisation disability benefits may be expected to contribute significantly. It also considers the impact on disabled people of other relevant reforms, including the controversial ‘bedroom tax’.

Regulating Corporate Bribery in International Business: Anti-Corruption in the UK and Germany

Nicholas Lord (2014)

This book is about the regulation of corporations that use bribery in international commerce to win or maintain overseas business contracts and interests. Recent large-scale cases involving multinational corporations demonstrate how large commercial ‘non-criminal’ enterprises are being implicated in substantive overseas bribery scandals and illustrate the difficulties faced by responsible enforcement authorities in the UK and Germany.

The book imports concepts from regulation theory to aid our understanding of the emerging enforcement, self-regulatory and hybrid responses to transnational corporate bribery. Lord implements a qualitative, comparative research strategy involving semi-structured interviews, participant observation and document analysis to provide empirical insights into this relatively invisible area of criminological interest.

Despite significant cultural differences between the jurisdictions, this book argues that the UK and German anti-corruption authorities face procedural, evidential, legal, financial and structural difficulties that are leading to convergence in prosecution policies. Although self-regulatory and hybrid mechanisms are aiding the response and gaining some level of regulation, the default position is one of accommodation by state agencies, even where the will to enforce the law is high.

Stem Cell Research and the Collaborative Regulation of Innovation

Sarah Devaney (2014)

Hopes are high that stem cell (SC) research will lead to treatments and cures for some of the most serious diseases affecting humankind today. SC science has been used in a treatment setting in the replacement of patients’ windpipes and in restoring sight to patients who were blind in one eye and in future it is hoped that when the body is injured it will be able to be stimulated to produce those types of SCs necessary to repair the particular damage caused. In the meantime, research into specific treatments for a wide range of serious conditions is being undertaken including Alzheimer’s disease, cancer, and diabetes.

The book considers the regulatory governance of stem cell research, setting out a readily understandable account of the science and the challenges it poses for regulators as the research is increasingly being clinically applied. It provides a critical account of those elements of a regulatory system which will be required for any jurisdiction aiming to facilitate innovative and productive SC research while maintaining appropriate ethical and legal controls. The book addresses the specific failings in the current regulatory approach to SC research in the UK and goes on to look at the regulatory approaches in the US.

The book systematically analyses the roles and responsibilities of the three key participants who collaborate in this process: regulators, scientists and tissue providers, arguing that a regulatory system which fails to recognise and facilitate the vital role which each of these three groups plays runs the risk of impairing the chances of the hopes for SC research being realised. The book places a particular emphasis on ensuring that those who contribute their bodily tissues to this endeavour are treated fairly, involving a recognition that their tissues are their property.

2013

Law in a Complex State: Complexity in the Law and Structure of Welfare

Neville Harris (2013)

Approximately half of the total UK population are in receipt of one or more welfare benefits, giving rise to the largest single area of government expenditure. The law and structures of social security are highly complex, made more so by constant adjustments as the government pursues its often conflicting economic, political and social policy objectives. This complexity is highly problematic. It contributes to errors in decision-making and to increased administrative costs and is seen as disempowering for citizens, thereby weakening enjoyment of a key social right. Current and previous administrations have committed to simplifying the benefits system. It is a specific objective of the Welfare Reform Act 2012, which provides for the introduction of Universal Credit in place of diverse benefits. However, it is unclear whether the reformed system will be either less complex legally or more accessible for citizens.

This book seeks to explain how and why complexity in the modern welfare system has grown; to identify the different ways in which legal and associated administrative arrangements are classifiable as 'complex'; to discuss the effects of complexity on the system's administration and its wider implications for rights and the citizen-state relationship; and to consider the role that law can play in the simplification of schemes of welfare. While primarily focused on the UK welfare system it also provides an analysis of relevant policies and experience in various other states.

Working Paper on Disproportionality in the Professions - Working together to understand and respond to discrimination and prejudice

Graham Smith et al (2013)

The University of Manchester Research Institute funded collaborative pump-priming research investigating disproportionality on grounds of ethnicity in employment and regulatory practices in the police, legal, medical and pharmacy professions. ManReg, Institute of Population Health and Pharmacy School colleagues participated in the project. The Working Paper includes sections examining regulatory procedures, the significance of the Equality Act 2010, employment tribunal cases and existing literature across the four professions. 

To view the full working paper visit:

Dr Graham Smith spoke about his research on BBC Radio Four's Thinking Allowed on 19th March 2014. To listen to the programme visit: