bluuebunny/crossref_metadata_2025 huggingface dataset:
Shear stress induces noncanonical autophagy in intestinal epithelial monolayers
Authors: Kim Sun Wook , Ehrman Jonathan , Ahn Mok-Ryeon , Kondo Jumpei , Lopez Andrea A. Mancheno , Oh Yun Sik , Kim Xander H. , Crawley Scott W. , Goldenring James R. , Tyska Matthew J. , Rericha Erin C. , Lau Ken S.
Published: August 2017

Flow of fluids through the gut, such as milk from a neonatal diet, generates a shear stress on the unilaminar epithelium lining the lumen. We report that exposure to physiological levels of fluid shear stress leads to the formation of large vacuoles, containing extracellular contents within polarizing intestinal epithelial cell monolayers. These observations lead to two questions: how can cells lacking primary cilia transduce shear stress, and what molecular pathways support the formation of vacuoles that can exceed 80% of the cell volume? We find that shear forces are sensed by actin-rich microvilli that eventually generate the apical brush border, providing evidence that these structures possess mechanosensing ability. Importantly, we identified the molecular pathway that regulates large vacuole formation downstream from mechanostimulation to involve central components of the autophagy pathway, including ATG5 and LC3, but not Beclin. Together our results establish a novel link between the actin-rich microvilli, the macroscopic transport of fluids across cells, and the noncanonical autophagy pathway in organized epithelial monolayers.
Differential mast cell outcomes are sensitive to FcεRI-Syk binding kinetics
Authors: Schwartz Samantha L. , Cleyrat Cédric , Olah Mark J. , Relich Peter K. , Phillips Genevieve K. , Hlavacek William S. , Lidke Keith A. , Wilson Bridget S. , Lidke Diane S.
Published: August 2017

Cross-linking of immunoglobulin E–bound FcεRI triggers multiple cellular responses, including degranulation and cytokine production. Signaling is dependent on recruitment of Syk via docking of its dual SH2 domains to phosphorylated tyrosines within the FcεRI immunoreceptor tyrosine-based activation motifs. Using single-molecule imaging in live cells, we directly visualized and quantified the binding of individual mNeonGreen-tagged Syk molecules as they associated with the plasma membrane after FcεRI activation. We found that Syk colocalizes transiently to FcεRI and that Syk-FcεRI binding dynamics are independent of receptor aggregate size. Substitution of glutamic acid for tyrosine between the Syk SH2 domains (Syk-Y130E) led to an increased Syk-FcεRI off-rate, loss of site-specific Syk autophosphorylation, and impaired downstream signaling. Genome edited cells expressing only Syk-Y130E were deficient in antigen-stimulated calcium release, degranulation, and production of some cytokines (TNF-a, IL-3) but not others (MCP-1, IL-4). We propose that kinetic discrimination along the FcεRI signaling pathway occurs at the level of Syk-FcεRI interactions, with key outcomes dependent upon sufficiently long-lived Syk binding events.
A non-negative matrix factorization based method for predicting disease-associated miRNAs in miRNA-disease bilayer network
Authors: Zhong Yingli , Xuan Ping , Wang Xiao , Zhang Tiangang , Li Jianzhong , Liu Yong , Zhang Weixiong
Published: August 2017

Motivation

Identification of disease-associated miRNAs (disease miRNAs) is critical for understanding disease etiology and pathogenesis. Since miRNAs exert their functions by regulating the expression of their target mRNAs, several methods based on the target genes were proposed to predict disease miRNA candidates. They achieved only limited success as they all suffered from the high false-positive rate of target prediction results. Alternatively, other prediction methods were based on the observation that miRNAs with similar functions tend to be associated with similar diseases and vice versa. The methods exploited the information about miRNAs and diseases, including the functional similarities between miRNAs, the similarities between diseases, and the associations between miRNAs and diseases. However, how to integrate the multiple kinds of information completely and consider the biological characteristic of disease miRNAs is a challenging problem.

Results

We constructed a bilayer network to represent the complex relationships among miRNAs, among diseases and between miRNAs and diseases. We proposed a non-negative matrix factorization based method to rank, so as to predict, the disease miRNA candidates. The method integrated the miRNA functional similarity, the disease similarity and the miRNA-disease associations seamlessly, which exploited the complex relationships within the bilayer network and the consensus relationship between multiple kinds of information. Considering the correlation between the candidates related to various diseases, it predicted their respective candidates for all the diseases simultaneously. In addition, the sparseness characteristic of disease miRNAs was introduced to generate more reliable prediction model that excludes those noisy candidates. The results on 15 common diseases showed a superior performance of the new method for not only well-characterized diseases but also new ones. A detailed case study on breast neoplasms, colorectal neoplasms, lung neoplasms and 32 other diseases demonstrated the ability of the method for discovering potential disease miRNAs.

Availability and implementation

The web service for the new method and the list of predicted candidates for all the diseases are available at http://www.bioinfolab.top.

Supplementary information

Supplementary data are available at Bioinformatics online.
4. Contracts and informal relations
Authors: Arvind TT
Published: August 2017

This chapter focuses on the requirement that the parties to a contract must have the intention to create legal relations for it to become legally binding. It considers how we decide whether the parties to a particular agreement had the intention to enter into legal relations, showing that English law operates by means of rebuttable presumptions. It then examines cases where the presumption is that the parties did not intend to create legal relations — that they intended their transaction to be merely friendly or social, rather than legal. It also discusses commercial transactions, where the presumption is reversed, and more specifically the types of commercial transactions that are structured to place them outside the bounds of legal enforcement. The chapter includes the case of Balfour v Balfour [1919] 2 KB 571 (CA).
6. Assembling the contract
Authors: Arvind TT
Published: August 2017

This chapter considers how the courts determine what the terms of the contract are, both where the contract is in writing and where it is oral. It first examines unwritten contracts, focusing on oral negotiations and how the courts identify which statements, out of everything the parties said and did, were intended to have contractual force. It then discusses three categories of statements made by the parties: statements that are ‘mere puff’, statements that are factual ‘representations’, and statements that are intended to be contractual terms. It also describes written documents, and more specifically what impact the existence of a written contract has on other terms which a party argues were agreed, but which were not written down in the contract. The chapter concludes by looking at incorporation and the criteria the law sets for holding that external terms were validly incorporated into a contract.
10. Fundamental changes
Authors: Arvind TT
Published: August 2017

This chapter examines the doctrines of frustration and common mistake that deal with situations where fundamental changes have occurred. Frustration and common mistake apply to situations where the parties find themselves in uncharted territory. The doctrines ask courts to determine the limits of a contract, the point where the contractual framework runs out and the contract no longer holds. This chapter first considers the impact of ‘unknown unknowns’ on the contract and the distinction between frustration and common mistake before discussing frustrating events and the consequences of frustration. It also describes three types of common mistake that render the contract void: mistakes as to the existence of the subject matter, mistakes as to the possibility of performance, and certain types of mistakes as to the quality of the subject matter. Finally, it looks at the legal consequences of common mistake and remedies for common mistake.
14. Protecting the public interest
Authors: Arvind TT
Published: August 2017

This chapter examines how English law deals with contracts against the public interest under the doctrine of illegality. The doctrine of illegality reflects a broader principle that applies across private law, that legal actions cannot be founded on illegal acts. In contract law, its implication is that contracts contrary to law or public policy are void. The chapter first considers the problem of illegal behaviour in contracting before discussing the rule-based approach to illegality and its limits. It then reviews the Supreme Court decision in Patel v Mirza and how it gave rise to the ‘range of factors’ approach to illegality. It also looks at criteria that make a contract illegal, including cases where the illegality consisted of criminal and civil wrongs. The chapter concludes with an overview of other types of illegality, such as the ‘injurious to good government’ ground and restraint of trade.
15. Breach of contract
Authors: Arvind TT
Published: August 2017

This chapter examines how English law defines breach of contract and what the immediate effect of breach is on the validity of the contract, along with the obligations of the parties under the contract. It first considers the core principles underlying the law's approach to defining breach before explaining how the courts assess performance and the consequences of breach, with particular emphasis on cases involving repudiation. It then discusses three types or classes of contractual terms: conditions, warranties, and innominate terms. It also looks at how the law deals with situations of anticipatory breach and concludes with an analysis of the scope and limits of the right of a party to terminate the contract following a repudiatory breach by the other party.
1. The foundations of sociological theories of crime
Authors: Rock Paul
Published: August 2017

This chapter describes how the sociology of crime originally stemmed from professional and political preoccupations with the problems presented by the practical management of crime and punishment but then evolved and expanded in a rather unsystematic fashion over some two centuries into a semi-detached academic discipline that addresses the various ways in which social order, social control, and social representations of rule-breaking are said to affect the etiology of crime.
3. Punishment and welfare: social problems and social structures
Authors: Garland David
Published: August 2017

This chapter examines the complex relationship between ‘punishment’ and ‘welfare.’ It traces the various ways in which penal systems are influenced by, and interact with, broader systems of social welfare and how these linked institutions function as modes of social control and class control. Following a critical review of the historical and comparative literature—and associated questions of data and method—it discusses how penal and welfare policies relate to the social problems they purport to address and to the political and socio-economic structures within which they operate. ‘Penal-welfarist’ and ‘welfarist’ practices are defined and differentiated, some common elements of practices of punishing and assisting are identified, and the fundamentals of ‘the welfare state’ and its recent neoliberal history are explained.
8. Ethnicities, racism, crime, and criminal justice
Authors: Phillips Coretta , Bowling Ben
Published: August 2017

Offending, victimization, policing, the work of the courts, and imprisonment are patterned by differences between different ethnic groups. This chapter explores these long-standing patterns and critically examines the reasons for the often uneasy and conflictual relationship between minority ethnic groups and agents of the criminal justice system. It also interrogates new manifestations of ethnic patterns in crime and the administration of justice, particularly those linked to the global issues of controlling migration and terrorism. Finally, the chapter considers how criminological scholarship has developed in this subfield of race, ethnicity, and crime.
14. Green criminology
Authors: Brisman Avi , South Nigel
Published: August 2017

Criminology must maintain relevance in a changing world and engage with new challenges. Perhaps pre-eminent among those facing the planet today are threats to the natural environment and, by extension, to human health and rights and to other species. A green criminology has emerged as a (now well established) criminological perspective that addresses a wide range of harms, offences, and crimes related to the environment and environmental victims. This chapter provides a review of green criminological work on climate change, consumption and waste, state-corporate and organized crimes, animal abuse, and wildlife trafficking. It also considers the strengths and weaknesses of current approaches to regulation and control.
20. Making and managing terrorism and counter-terrorism: the view from criminology
Authors: Innes Martin , Levi Michael
Published: August 2017

This chapter examines how ideas and concepts derived from criminology can inform our understandings of terrorism and counter-terrorism in insightful and innovative ways. Terrorism is designed as communicative violence that seeks to work by sending messages intended to influence the views of a wider public. The analysis attends to how: terrorism has been constructed as a social and political problem in the contemporary era; the role that has been attributed to extremism and processes of radicalization; and, the extent these influence the framing and conduct of counter-terrorism responses. The particular perspective set out accents how terrorist campaigns and counter-terrorist responses routinely develop in interaction with each other.
23. Crime and the city: urban encounters, civility, and tolerance
Authors: Bannister Jon , Flint John
Published: August 2017

This chapter examines how cities are central to understandings of civility and tolerance and their relationships to crime and antisocial behaviour. The chapter identifies the importance of urban encounters in public space and explores whether antisocial behaviour, incivilities, and a general antipathy towards ‘others’ are increasing in contemporary societies. The chapter looks at definitions of civility and tolerance and theories about how urban behaviours in public space are related to wider urban economic, social, and cultural forces and how civility and tolerance are being transformed in a new planetary urbanism and social Darwinism. The chapter concludes with an examination of the governance of urban insecurities and public perceptions of these, followed by consideration of how a new urban civility and tolerance may be engendered through meaningful interaction.
30. Prostitution and sex work
Authors: Phoenix Jo
Published: August 2017

This chapter explores current characteristics and contexts of women’s involvement in prostitution and sex, particularly as they have evolved during the twentieth and twenty-first centuries, before describing criminological knowledge about prostitution and sex workers. The final sections of the chapter review current regulatory frameworks governing women’s involvement in prostitution. Running throughout the chapter is the question: what is the relationship between how prostitution is theorized and the politics of prostitution policy and its reform?
2. Jurisdiction
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter focuses on jurisdiction, beginning with the distinction between jurisdictional and non-jurisdictional matters. In particular, it considers whether something falls into the ‘jurisdictional’ or ‘merits’ question and how to decide into which category a given matter should be placed. It then examines the power to detain illegal entrants and how to determine whether a particular individual is an illegal entrant. It also discusses jurisdictional and non-jurisdictional errors of law and goes on to review one of the most celebrated cases in modern administrative law: the decision of the House of Lords in Anisminic Ltd v. Foreign Compensation Commission [1969] 2 AC 147. The chapter concludes with an analysis of errors of law as jurisdictional errors; the institutional status of the decision-maker; the nature of the statutory provision; applying statutory criteria to the facts; supervision of the fact-finding process; subjective jurisdictional criteria; and non-compliance with statutory requirements.
6. Legitimate Expectations
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter examines the doctrine of legitimate expectation and its application to lawfully created expectations as well as the extent, if any, to which it may protect ‘unlawfully generated expectations’. It first explains why legitimate expectations must be protected and goes on to discuss the relationship between two variables that are in play in any situation which potentially engages the legitimate expectation principle: that of legitimacy and that of the mode of protection which may be extended to expectations which satisfy the first criterion. The chapter then tackles the problematic question of unlawfully created expectations, focusing on the importance of securing fairness for the individual. It also considers the issues of constitutionality and public interest, along with representations issued by unauthorized officials and representations concerning action which is ultra vires the agency.
9. Bias, Impartiality, and Independence
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter examines the notions of impartiality (and bias) and independence. It first provides an overview of the scope and rationale of the rule against bias before discussing the connection between impartiality and procedural fairness. It then reviews the ‘automatic disqualification rule’ by which a decision-maker can be disqualified if he/she has a sufficient financial interest in the outcome of the decision-making process. It also explores the apprehension of bias and the ‘fair-minded observer rule’, along with the political dimensions of the rule against bias. Finally, it considers Article 6 of the European Convention on Human Rights in an administrative context and when Article 6(1) applies to administrative decision-making. A number of relevant cases are cited throughout the chapter, including R v. Sussex Justices, ex parte McCarthy [1924] 1 KB 256.
12. Remedies
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter examines the remedies that may be granted when administrative action is deemed unlawful. It begins with an overview of the provisions of Senior Courts Act 1981 and goes on to discuss the role of injunctions in public law, the availability of interim injunctions, and the question of whether injunctive relief may issue against the Crown. It then considers the role of declarations in public law, along with relator proceedings brought by the Attorney-General on behalf of a member of the public or an agency in order to obtain an injunction or declaration. In particular, the chapter explores quashing orders, the most commonly sought remedy in judicial review proceedings, as well as prohibiting orders and mandatory orders. A number of relevant cases are cited throughout the chapter, including R v. Ministry of Agriculture, Fisheries and Food, ex parte Monsanto plc [1999] QB 1161.
16. Delegated Legislation
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter deals with delegated legislation and the extent of its constitutional propriety. It begins with an overview of the enabling provisions in primary legislation in order to understand the permitted content and nature of the resultant delegated legislation. It then considers enabling provisions known as ‘Henry VIII clauses’, which authorize delegated legislation that amends or repeals primary legislation, as well as the extent of delegated powers. It also discusses the making of delegated legislation, from publication to consultation, legislative and administrative measures of delegated legislation, and the role of Parliament in making delegated legislation. Finally, it reviews parliamentary scrutiny of delegated legislation as well as judicial scrutiny and the general principles of judicial review.
1. The Scope of the Subject
Authors: Thompson Mark P. , George Martin
Published: August 2017

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.
3. Law, Equity, and Human Rights
Authors: Thompson Mark P. , George Martin
Published: August 2017

In addition to the concepts of tenure and estates, another fundamental aspect of England’s Land Law is the impact of equity. The intervention of equity was originally based upon the need to enforce obligations of conscience and to redress defects in the common law, and also gave rise to the trust. But while the trust might be equity’s greatest creation, the intervention of equity also addressed other areas of Land Law where the common law position was considered to be defective or oppressive. A notable example is the law of mortgages. Aside from modifying the common law, equity also recognized other rights that did not result in the beneficial entitlement to the land. This chapter discusses the historical basis of equity in England, the creation of equitable rights, the enforceability of equitable and legal rights, and human rights.
11. Leasehold Estates
Authors: Thompson Mark P. , George Martin
Published: August 2017

The lease was not originally perceived to be within Land Law at all, but is now a familiar part of landholding. The underlying basis of the lease is a contractual one, a factor that has led, at times, to conflict between landlord and tenant as to whether the relationship should be regarded as the incidents of that estate, or should be governed by normal contractual principles. Leases are employed in three main areas: residential property, commercial property, and agricultural property. This chapter, which deals with leasehold estates, examines the context of leases, the essentials of a lease, exclusive possession, types of tenancy, and equitable leases, and also discusses the rights and duties under a lease, the enforceability of covenants, and termination of tenancies.
Cases & Materials on International Law
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

Cases and Materials on International Law, a topical companion for study placing international law directly in the context of contemporary debate, offers broad coverage of international law, and is suitable for use alongside a range of course structures and teaching styles. The book provides readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. The book contains the essential cases and materials needed in order to understand and analyse the international legal order, providing notes on selected extracts to explain the complexities of the law. The sixth edition provides expanded coverage of topical areas such as: the use of force in Iraq and Syria and the threat of terrorism; international criminal law and the International Criminal Court; and developments in human rights and international environmental law. The new edition considers the perspectives of non-western and feminist scholars. It also updates core areas of international law, including sovereignty over territory and judicial sovereignty, the law of the sea, state responsibility, international legal personality and peaceful settlement.
1. The Nature of the International Legal System
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

International law is a description of an entire legal system: the international legal system. It is an international legal system by which legal rules are created in order to structure and organise societies and relationships. It acknowledges the influence of political, economic, social and cultural processes upon the development of legal rules. This chapter discusses the relevance of international law; the international community and international law; theories of international law; and the practice of international law.
8. Jurisdictional Sovereignty
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

A State’s administrative, judicial, executive and legislative activity is part of the exercise of its sovereignty, sometimes known as its jurisdictional sovereignty. This chapter examines the objects of a State’s jurisdictional sovereignty (both natural and legal persons) and the circumstances in which it may be exercised. It considers the general principles of jurisdiction; grounds for the assertion of jurisdiction by national courts; and state jurisdiction and persons apprehended in violation of international law.
11. State Responsibility
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

State responsibility arises from the violation by a State (or other international legal person) of an international obligation that can be one of customary international law or arising from a treaty. The violation must be due to conduct attributable to a State. This chapter discusses the nature of State responsibility; attribution; breach of an international obligation of the State; circumstances precluding wrongfulness (defences); consequences of a breach; enforcement of a claim; and treatment of aliens.
13. International Economic Law
Authors: Dixon Martin , McCorquodale Robert , Williams Sarah
Published: August 2017

This chapter begins by defining international economic law. It then discusses the main international economic institutions: the World Trade Organization, the International Monetary Fund and the World Bank. It goes on to elaborate on the key principles of international trade law: tariffication, binding tariffs, most favoured nation treatment and the national treatment obligation and discusses exceptions to these principles, anti-dumping and subsidies, regional trade arrangements, and developing States and dispute settlement within the WTO. The chapter also discusses the key principles of international investment law (including foreign direct investment, protection standards, expropriation and dispute settlement); the international financial architecture; and international economic law and State sovereignty.
Land Law
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This text incorporates a unique approach to land law which helps students understand how rules work in isolation as well as how they interlink. This approach provides the tools to accomplish high-level analysis quickly. Significant cases are emphasized here and are used to illustrate rules. Topics covered include: an introduction to what land law is, human rights, personal and property rights, and registered title. Chapters also look at the acquisition of equitable interests, trusts of land, leases, mortgages, security interest in land, easements, freehold covenants, and the defences question. Finally, the text ends with an overview of concepts and contexts.
1. What is Land Law?
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

This chapter introduces the reader to land law and explains why land law is studied at all. It also tackles three fundamental questions that are used to understand and structure the often complex rules encountered in land law: the content, acquisition, and defences questions. Three specific case law examples are discussed: National Provincial Bank v Ainsworth (1965), Williams & Glyn's Bank v Boland (1981), and City of London Building Society v Flegg (1988). Other topics covered in this chapter include: the importance of the statutory framework established by the Law of Property Act 1925 and the Land Registration Act 2002; the focus of land law on private rights to use land; the key distinction between personal rights and property rights; the importance of equitable rules and of statute in shaping land law; and the key role played by land registration in modern land law.
7. Leases
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

This chapter deals with leases and how they relate to the content, acquisition, and defences questions. It first considers the distinction between a lease and a licence, noting that such a distinction reflects the most fundamental distinction in land law: between a property right and a personal right. It then tackles the content question by focusing on the concept of exclusive possession, the requirement that a lease must have a certain term, the nature of a ‘Bruton lease’, the question of rent, and the intention to create legal relations. It also examines the acquisition question by explaining how leases may be created or transferred, and the defences question by distinguishing between legal leases and equitable leases. Finally, it discusses the nature and operation of leasehold covenants as well as the use of leases in the ownership of flats.
11. The Defences Question
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: August 2017

This chapter examines land law's priority rules, conceptualized as the defences question. Priority rules refer to a set of rules that determine the circumstances in which a property right held by one party (B) against another party's title (A) can be enforced when A transfers the title to a third party (C) or grants a mortgage over the title to C as security for a loan. The chapter considers the circumstances in which C has a defence against B's claim to priority, focusing on priority rules that apply in registered land. It also discusses the specific rules provided in the Land Registration Act 2002 for registered dispositions of registered estates for valuable consideration and two defences that operate outside the provisions of the Act; the defence of consent and overreaching.
2. What is the study of criminology?
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter focuses on criminology as an academic subject, what it looks like and how the student will be expected to study it. The discussion is underpinned by what is called the ‘triad of criminology’, a basic framework for understanding how criminology fits together through the study of definitions of crime, explanations of criminal behaviour, and responses to crime and criminal behaviour. The chapter also considers the interrelationships between criminology and selected other social sciences such as sociology and psychology; categories and theories of crime; and people, organisations, and systems involved in criminal justice. The goal is to prepare the student for his/her journey through criminology — its objectives, structure, content, study methods, and uses. It also explores the type of criminology that the student will consume, critique, and create throughout his/her engagement with this text.
10. Race, ethnicities, and the criminal justice system
Authors: Samota Neena
Published: August 2017

This chapter examines the salience of race and ethnicity in the criminal justice system from the perspective of critical race theory (CRT). It first provides an overview of the key ideas of CRT before discussing the interrelationships among race, crime, and the criminal justice system. It then explores the state response to rising social inequality and racial discrimination, as well as the key decision-making points in the criminal justice process that potentially increase or decrease ethnic disproportionality. It also considers the use of CRT to understand crime and criminal justice in England and Wales and how the principle of fairness that underpins the concept of policing by consent is undermined by any unfair practices or unlawful discrimination. concludes by citing evidence showing that people from ethnic minorities are at greater risk of criminalisation and harsher sanctions through the policing, prosecution, and sentencing stages.
14. Sociological positivism
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines whether crime can be explained from a sociological perspective. Many sociological theories are positivist and argue that the behaviour of each individual is, to an extent, predetermined. This means that offenders are at least partially (often almost wholly) directed by forces outside the control of the individual. What sociological theorists generally suggest is that particular social or societal changes or factors may influence criminal behaviour. This chapter first describes three distinct types of sociological theories: social intervention or social process theories, social structural theories, and social conflict theories. It then considers key concepts in sociology, including socialisation, and the contribution of the Chicago school to the study of criminology, with particular emphasis on its social disorganisation theory. It also looks at the basic concepts of anomie, strain, subculture, and social learning in relation to crime and/or delinquency.
18. Integrated theories of crime
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: August 2017

This chapter examines theories that integrate the main concepts and arguments from existing theories and challenge their position as the hegemonic theoretical explanations of crime. It begins by placing integrated theories of crime in the context of the historical development of criminological theories. It then considers integrated positivist theories of crime in explanatory and practical terms, focusing on socio-biological theories and social control theories. It also discusses evolving integrated explanations of crime as well as integrated risk factor theories, including artefactual risk factor theories. Finally, it looks at the Edinburgh integrated pathways theory, which provides an holistic explanation of youth crime, along with constructivist pathways risk factor theories and enhanced pathways risk factor theories as explanations of crime.
8. Trade Marks III
Authors: Aplin Tanya , Davis Jennifer
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter considers the limitations of the protection afforded by trade mark registration. It discusses the defences to infringement set out in Article 6 of the Trade Marks Directive and section 11 of the Trade Marks Act 1994; trade marks and comparative advertising; the ways in which it is possible to lose registered trade mark protection (through revocation and a finding of invalidity); and how trade mark rights might be exhausted.
12. Patents II
Authors: Aplin Tanya , Davis Jennifer
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the requirements of patentability: novelty, inventive step, and sufficiency and support. Novelty means that the invention is new, i.e. is not anticipated. Under section 3 of the Patents Act 1977, an invention involves an inventive step ‘if it is not obvious to a person skilled in the art, having regard to any matter which forms part of the state of the art’. Patent applicants must also satisfy disclosure requirements. Section 14(3) provides that the specification of an application must disclose the invention in a manner clear and complete enough to be performed by the person skilled in the art (sufficiency of disclosure). Section 14(5)(c) provides that claims must be clear, concise, and supported by the description, a requirement (supported by the description).
6. Article 8: Right to Respect for Private Life
Authors: Costigan Ruth , Stone Richard
Published: August 2017

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for a person’s private and family life, home, and correspondence. It begins by looking at some general issues, and then focuses on police powers of entry, search, and seizure; and the privacy rights of the individual as against the press.
9. Freedom to Protest and Public Order Law
Authors: Costigan Ruth , Stone Richard
Published: August 2017

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses the law on demonstrations and public order, and then the background to the main piece of legislation which now governs this area: the Public Order Act 1986. It considers statutory controls over public processions, public assemblies, public order offences, anti-social behaviour, and indictments to racial and religious hatred.
11. Freedom from Discrimination (Article 14)
Authors: Costigan Ruth , Stone Richard
Published: August 2017

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the law on discrimination. It discusses the influence of European law on English discrimination law; English law relating to discrimination; positive discrimination; and enforcement and remedies under the Equality Act 2010.
5. Partners and Each Other
Authors: Morse Geoffrey
Published: August 2017

This chapter explores the two aspects of internal partnership relations, fiduciary duties out of the fiduciary relationship and contractual duties and obligations arising from the agreement. It emphasizes the ‘good faith’ principle in partnerships, considered to be the foundation of every partnership. Alongside good faith between partners is the duty to care which is expressed through the standard of skill to be expected. The chapter first assesses this standard. It then provides an overview of fiduciary duties, examining the three main aspects of fiduciary duties incorporated in Sections 28 to 30 of the Partnership Act 1890 which relate to honesty and full disclosure, unauthorized personal profits, and conflict of duty and interest. These fiduciary duties may cease when one partner repudiates the partnership agreement, such as by refusing to honour financial obligations.
6. Partnership Property
Authors: Morse Geoffrey
Published: August 2017

This chapter determines the ‘partnership property’ of partners in a firm and the issues that emerge in determining them. It first defines partnership property under the Partnership Act 1890 and then looks into five potential problem areas. First, there is the issue of when there is an insolvency both of the firm and its partners. The second problem area happens if an asset is of beneficial ownership. The third problem area is during the application of fiduciary duties where an asset is a partnership asset, the rules of equity will apply to any profit or benefit derived by a partner from that asset. The fourth happens where partnership property is to be held by the partners as trustees for themselves beneficially as tenants in common. Lastly, the fifth area concerns the application of the equitable doctrine of conversion to partnership property.
8. Partnerships and Insolvency
Authors: Morse Geoffrey
Published: August 2017

This chapter considers the insolvency of a partnership. It analyses the Insolvency Act 1986 which contains the provisions that deal with the variations of insolvency, and the amendments to the Act throughout the years. Under English law, it is possible to have a bankrupt partner or partners with or without an insolvent partnership and to have an insolvent partnership with or without a bankrupt partner or partners. Taking this into consideration, the chapter distinguishes between partnership creditors (those whose debts are against the firm) and the separate private creditors of the individual partners, and between the assets of the firm and those of the partners or partnership property. It also defines the roles of the joint creditors, separate creditors, the joint estate, and the separate estates involved in insolvency proceedings.
10. Limited Liability Partnerships—The Corporate Structure
Authors: Morse Geoffrey
Published: August 2017

This chapter explores the development and nature of a limited liability partnership (LLP), created under the Limited Liability Partnerships Act 2000 (LLP Act). Under the Act, any two or more persons (individuals or companies) may form an LLP as an alternative to a partnership, a limited partnership, and a private company. The impetus for LLP came from large accountancy firms concerned by the potential liability of partners for substantial damages awarded against them for the negligence of one partner, often in a totally different office. The aim was to set up a new entity which would preserve the internal informality of the traditional partnership whilst giving the partners limited liability for the debts of the firm. The chapter analyses the provisions of the LLP Act, and the other major sources of laws covering LLPs.
10. Leases and Licences
Authors: Wilkie Margaret , Luxton Peter , Malcolm Rosalind
Published: August 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about the law relating to leases.
11. Easements and Profits
Authors: Wilkie Margaret , Luxton Peter , Malcolm Rosalind
Published: August 2017

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter looks at easements and profits.
14. Skills for Success in Coursework Assessments
Authors: Wilkie Margaret , Luxton Peter , Malcolm Rosalind
Published: August 2017

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers and author commentary. This chapter gives advice on skills for success in coursework assessments.
Cheshire, Fifoot, and Furmston's Law of Contract
Authors: Furmston MP
Published: August 2017

Cheshire, Fifoot & Furmston’s Law of Contract is a classic text on contract law. The first edition was published over seventy years ago. The book combines an account of the principles of the law of contract with analysis and insights, and the narrative brings understanding of complex contractual issues to a wider readership. It starts by providing a historic introduction, and goes on to look at issues such as modern contract law, agreement, consideration, and legal relations. The book details the contents of the contract and looks at unenforceable contracts, mistake, misrepresentation, duress, and undue influence. Chapters then examine contracts rendered void under statute, contracts illegal by statute or at common law, and contracts void at common law due to public policy. The text moves on to look at privity, rights and liabilities, performance and breach, and discharge under the doctrine of frustration. Finally, the book looks at remedies for breach of contract.
14. Privity of Contract
Authors: Furmston M P
Published: August 2017

This chapter discusses the doctrine of privity of contract. It covers exceptions to doctrine, the Contracts (Rights of Third Parties) Act 1999; and attempts to impose liability upon nonparties to the contract.
Environmental Law
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole , Lees Emma , Stokes Elen
Published: August 2017

Trusted by generations of students and academics alike, Environmental Law continues to provide, in its ninth edition, broad and comprehensive coverage of the key topics taught on most environmental law courses, explaining the subject in its social and political context, and considering both UK, EU, and international perspectives. Known for its clear structure and systematic approach, the book considers topics by theme and by sector, allowing more experienced readers to explore the intricacies of the subject while also providing a logical introduction for those new to environmental law or without a legal background. A clear and easy-to-understand writing style helps ensure readers are informed yet not overwhelmed, while useful diagrams and tables help to explain complex points. The new edition also features case studies, information boxes, and self-test questions to help draw out key points and consolidate your learning in preparation for assessments and further research. New to this edition are: discussions of the potential impact of Brexit on UK environmental law; an additional chapter discussing the regulation of new technologies, such as ‘fracking’; coverage of important cases such as Coventry v. Lawrence on nuisance, Walton, Champion, and the HS2 decision on environmental assessment, the ClientEarth air pollution litigation and the ICJ’s decision in Costa Rica v. Nicaragua; analysis of the Paris Agreement and other recent climate change developments; analysis of the new EIA Directive; discussion on the new sentencing guidelines; and enhanced coverage of the latest developments in respect to costs of litigation and the role of courts, the Aarhus Convention, and environmental rights.
2. History and challenges
Authors: Bell Stuart , McGillivray Donald , Pedersen Ole W. , Lees Emma , Stokes Elen
Published: August 2017

This chapter broadly considers the origins and evolution of environmental law and policy. It then moves on to look at some of the key challenges for the future, and at possible trends in environmental law and in the costs of complying—and not complying—with environmental law. Environmental controls have a long history, going back to medieval statutes on small-scale pollution and the development of private law principles to deal with threats to property and communal assets such as water. Of course, until recently, few would have thought of these laws as part of something called ‘environmental law’ because their main focus was on the protection of private and common property. The adequacy of private law, in particular, fell far short of an effective protection regime, even for affected individuals.