bluuebunny/crossref_metadata_2025 huggingface dataset:
Re Guardian and News Media Ltd in HM Treasury v Mohammed Jabar Ahmed [2010] UKSC 1
Authors: Brennan Carol
Published: August 2020

WHAT’S IN A NAME?In this case the newly constituted Supreme Court adjudicated upon anonymity orders granted in respect of the appellants, who had been the subjects of asset-freezing orders imposed under anti-terrorism legislation. The complex set of facts gave the Court the opportunity to consider the influence of the competing rights under articles 8 and 10 of the European Convention on Human Rights (ECHR) upon the pressing issue of restrictions on reporting of publicly conducted legal proceedings.  The decision of the Court constitutes a reassertion of the importance of press freedom, underpinned by article 10, as an essential component of open justice.
Re P (Surrogacy: Residence) [2008] 1FLR 177
Authors: Welstead Mary
Published: August 2020

ADDICTED TO MOTHERHOOD – A CAUTIONARY TALEThe events in Re P  (Surrogacy: Residence) [2008] 1FLR 177, are of such complexity and involve so many people that the dramatis personae below may be necessary to help the reader understand the tangled tale of the woman whose maternal instinct can only be described as insatiable.
OF ADVOCATES, DRUNKS AND OTHER PLAYERS: PLAIN TALES FROM AUSTRALIA
Authors: Kirby CMG Michael J
Published: August 2020

When I retired from judicial office after 34 years service (13 of them as a Justice of the High Court of Australia), I was richly rewarded for my labours by the practising Bar.  Here in England, Inner Temple did me the honour of electing me a Bencher.  I was proud to follow Peter Taylor to that office.  In Australia, the Australian Bar Association, the Law Council of Australia and the governing body of my home Bar, the New South Wales Bar Association, conferred on me honorary life memberships.  I say this not to boast but to illustrate the forgiving qualities of barristers for the assaults that judges inflict on them during service in the courts.
Re S (Transfer of Residence) [2010] 1 FLR 1785; Re S (a child) (transfer of residence: consent order) [2011] 1 FLR 1789
Authors: Welstead Mary
Published: August 2020

FAMILIES NEED FATHERS – THE LIMITS TO LITIGATIONIn January 2010, a wholly deserving father was granted a residence order. As a consequence S, his twelve-year-old son, would have to leave his mother’s home and go to live with him and his new family.  Seven months later, in July 2010, the father left the court in tears having accepted that it was futile to continue with his struggle to activate the residence order. S had indulged in such negative behaviour, described in court as indicative of serious and entrenched parental alienation, that the father gave in to the child’s demands to remain with his mother, and a consent order was made to that effect.
TO EVERY THING THERE IS A SEASON AND A TIME TO EVERY PURPOSE UNDER THE HEAVEN – A TIME TO BE BORN AND A TIME TO DIE. NATURAL LAW, EMOTION AND THE RIGHT TO DIE
Authors: Watt Bob
Published: August 2020

Here we will discuss the „right to die‟; should a person, in certain circumstances, lawfully be able to call upon the assistance of another to bring their life to an end? The proposal is that the answer should be „yes‟ , but the novelty of this essay is in its argument that such an answer can be provided by a „natural lawyer‟ - which is to say a person who believes that law has some minimal, inescapable, moral content. This answer is quite contrary to that proposed by Professor John Finnis, the leading modern exponent of natural law theory. The matter is of particular relevance because of the recent death of Tony Nicklinson who unsuccessfully sought a Declaration that a doctor would not face prosecution for giving him a lethal injection. The High Court declined to issue such an order saying that Parliament would need to give specific statutory authority for such a step. A draft statute is provided near the end of the article in order to stimulate supply of the High Court‟s request. The practical argument herein is therefore addressed, at least in part, to Parliament, but the criticism of John Finnis‟ theory will, it is hoped, appeal to an academic audience. This article aims to restore emotion to its proper place as a tool for evaluating human practice, and thus claim that emotion has a place alongside reason as a basis for law as an institution, the drafting of particular laws, and adjudication. Reference to poetry, music, and myth are used in order to illustrate the claim that humans are uniquely emotional beings and to illustrate the argument being made.. These are not idiosyncratic "add-ons‟; in an ideal world all of the music and poetry would have been embedded in the text of the article because they communicate some of the ideas herein more effectively than discursive argument. The reader is urged to listen to all the music and to read the poems and myth in their entirety. Furthermore lawyers and philosophers are trained to analyse words; the words of the poetry and music are not of paramount importance. The reader is asked instead to consider the affect raised.
INDIGENOUS SELF-DETERMINATION: THE ROOT OF STATE RESISTANCE
Authors: Sargent Sarah , Melling Graham
Published: August 2020

States have long expressed some resistance towards granting the right of self-determination to identifiable groups of people within their boundaries. This includes the granting of the right to minorities and to indigenous groups. One of the ways in which this reluctance reveals itself is in States‟ resistance to the granting of recognition of “peoples” to certain groups. States, it would seem, draw the erroneous conclusion that recognition of groups as “peoples” under international law will inexorably lead to such “peoples” asserting a right to self-determination and with that an unfettered ability to secede from the state. However states‟ fear of indigenous secession has no realistic basis. Yet states continually resist the idea of indigenous self-determination.
R v A [2012] EWCA Crim 434
Authors: Edwards Susan
Published: August 2020

THE CRIME OF RETRACTING A TRUTHFUL STATEMENTOn 13th March 2012, the Court of Appeal delivered its reserved judgement in R v A,1 an appeal against conviction for the offence of perverting the course of justice. The appellant had made allegations of multiple rape and domestic violence perpetrated against her by her husband, allegations she later withdrew, thereby giving rise to the charge of and subsequent conviction for perverting the course of justice. The Court of Appeal upheld the conviction. This was the second time this appellant‘s case had been referred on appeal, the Court having already heard an appeal against sentence on 23rd November 2010, when it quashed a prison sentence of eight months, and substituted a community sentence and supervision order. Whilst justice has prevailed and corrected the error of the draconian sentence, the conviction for perverting the course of justice following the retraction of a truthful allegation because of fear and pressure still stands. At present the case is being appealed further to the Supreme Court.
BOA v WADA: Harmonisation v Self-Regulation
Authors: Ioannidis Gregory
Published: August 2020

The area of anti-doping in sport has always been fascinating, exciting, as well as complicated and controversial. The two latter aspects have been entrenched, in case law and statutory law and the highest Court in sport, namely the Court of Arbitration for Sport (CAS), in Lausanne, Switzerland. This court has had the opportunity to develop important principles of sports law. One of these principles is the subject matter of the present case commentary and relates to the principle of self-regulation. In other words, it examines the ability of sporting governing bodies to regulate their sport and concentrates on the legality of such self-regulation. In doing so, this case commentary will also examine the particular importance sports law jurisprudence attaches on the contractual relationship between sporting governing bodies and athletes. Such analysis should help readers understand the nature of regulation in sport, as well as the reasoning behind the decision of the Court of Arbitration for Sport in the case under analysis.
K v K (Relocation: Shared Care Arrangement) [2011] EWCA Civ 793
Authors: Bray Judith
Published: August 2020

THE WISDOM OF SOLOMON: RELOCATION ON RELATIONSHIP BREAKDOWNSolomon, the eleventh century King of Israel, was credited with great wisdom and sense. He was asked to decide which of two women was the mother of a child. Obviously in those days medical tests were not available to decide the issue. Solomon declared that the only solution would be to divide the child in two. The true mother, realising the awful consequences of this decision, came forward and declared that the other woman should take the child. Solomon knew immediately that she was the true mother and accordingly the child was given to her. The decision of a court with regard to relocation is reminiscent of the decision which faced Solomon. It is one of the most difficult of family law where decisions are never straightforward. Speaking before a committee at the House of Representatives in Australia, Diana Bryant stated:“Relocation cases are the hardest cases that the court does... If you read the judgments in almost every judgement… you will see the comment that these cases are heart-wrenching, they are difficult and they do not allow for an easy answer. Internationally, they pose exactly the same problems as they pose in Australia. I have heard them described as cases which pose a dilemma rather than a problem. A problem can be solved: a dilemma is insoluble…”
Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd (in Administration) Court of Appeal [2011] EWCA Civ 347
Authors: Pearce Robert , Shearman Jennifer
Published: August 2020

THE PURSUIT OF PROPRIETARY REMEDIES FOR BREACH OF FIDUCIARY DUTYThere is an old adage that if an opportunity looks too good to be true, then it almost certainly is. Despite this, the law reports are filled with examples of people seeking redress for the fallout from “get rich quick” schemes that have gone wrong. One type of scam, exemplified by the fraudulent investment scheme run by Bernard Madoff from the United States and which collapsed in 2008, is known as a “Ponzi1 scheme”.2 The wrongdoer in such a scheme invites “investments” promising a high rate of return. The funds subscribed are not in fact invested (or if they are, they are invested in vehicles which produce a lower rate of return than that promised). Instead, the money from new subscribers is used to pay the rewards to earlier subscribers. In due course the scheme is bound to collapse, because there will be a point at which the new funds coming in are insufficient to make the payments to existing subscribers, and the bubble of new investment can continue only for as long as there is confidence on the part of subscribers, encouraging fresh deposits. When the scheme begins to unravel, it falls apart very quickly, since the assets held by the wrongdoer are inevitably inadequate to reimburse all of the subscribers in full. In the ensuing insolvent liquidation, subscribers stand to recover only a small fraction of their subscription as unsecured creditors unless they can demonstrate that they have a proprietary interest in some of the remaining assets. Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd is a case involving what the judge at first instance called a “classic Ponzi scheme”.
Editorial Introduction
Authors: Edwards Susan
Published: August 2020

Many Law schools publish their own law journals. In the United Kingdom, these are often edited by faculty staff. At the University of Buckingham, the Law School staff edit and publish an annual journal – The Denning Law Journal. It is named after the most famous and influential judicial figure of the century 20th Century, Lord Denning (1899 – 1999).
RECENT HUMAN RIGHTS DEVELOPMENTS IN EXTRADITION LAW & RELATED IMMIGRATION LAW
Authors: Fitzgerald QC Edward
Published: August 2020

This article provides a critical overview of some key human rights developments since January 2012 in the field of extradition and deportation law. It is arranged by reference to the key Articles of the European Convention on Human Rights likely to be engaged, namely, Articles 3, 8 and 6.
PROSECUTING PRESIDENT AL BASHIR, AND THE SHORT ARM OF JUSTICE
Authors: Bullock Suzanne
Published: August 2020

Prosecutor v Omar Hassan Ahmad Al BashirIn this decision the Pre-Trial Chamber of the International Criminal Court (ICC) condemned Malawi, as a member state of the ICC, for the failure to comply with the request to arrest and surrender the President of Sudan, Omar Al Bashir. Significantly, the Chamber determined that the traditionally sacrosanct concept of immunity of Heads of State no longer applied before an international court or tribunal. Whilst the intention to create universal jurisdiction over perpetrators of war crimes and crimes against humanity is extremely laudable, the legal reasoning by the Chamber is regrettably unsound. If the decision remains unchallenged, the implication is that no Head of State, whether or not they are a signatory to the ICC, is immune from prosecution on the mere basis of the ICC’s status as an international court.
BRIBES, SECRET COMMISSIONS AND THE MONTE CARLO GRAND HOTEL
Authors: Pearce Robert
Published: August 2020

It is a core feature of agency – where one person contractually agrees to act on behalf of another – that the agent owes a duty of loyalty to his principal. This means that an agent must disclose to his principal any profits or gains which he stands to make personally from the transaction involved. An agent is not allowed to receive a corrupt payment such as a bribe to act in a way which is not in his principal’s interest. Indeed, to prevent an abuse of the relationship, even if an agent does not act corruptly, he cannot retain any personal profit made in a transaction relating to his principal unless that profit (for instance an additional commission) has been disclosed to and approved by the principal. So, in Boardman v Phippsa solicitor who made a large profit for a trust was prevented from keeping the profit he made for himself because it had not been agreed by all the trustees and beneficiaries. It was never suggested that he acted dishonestly.
CYBER CRIME
Authors: Scutt Jocelynne
Published: August 2020

Cyber Crime & Warfare, Peter Warren and Michael Streeter, Hodder & Stoughton, London, UK, 2013 ISBN 9781444189988 Price £8.99 pbCybercrime – The Psychology of Online Offenders, Grainne Kirwan and Andrew Power, Cambridge University Press, Cambridge, UK, 2013 ISBN 978-0521180214 Price £23.99 pb
MAGNA CARTA IN THE TWENTIETH AND TWENTY FIRST CENTURIES
Authors: Beloff QC Michael J
Published: August 2020

The Great Charter is often portrayed as the source of English liberties: a medieval document which projected its beneficent light forward over eight centuries and which, while representing the triumph of barons over monarch, brought to birth principles which had equal resonance for an age of representative governance and universal suffrage.Such portrayal is naturally and explicably depicted in brighter colours in this its 800th anniversary with celebrations, exhibitions, conferences, a new and scholarly book co-authored by none other than the recently retired Lord Chief Justice, the aptly named Lord Judge, and a no less scholarly but more sardonic one by the historian and Television pundit David Starkey and last but not least, these lectures under the auspices of the University of Buckingham.I am particularly happy to be invited to give the first of these lectures since it enables me to discharge my obligation as a Visiting Professor which, I regret, that I have hitherto honoured only in the way of the Oxford don who, when asked during a mid-twentieth century inquiry into the governance of the University about his teaching duties, replied ‘I have to give an annual lecture – but not, you understand, every year’.
SLAVERY UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE JUS COGENS PROHIBITION OF HUMAN TRAFFICKING
Authors: Kirchner Stefan , Frese Vanessa M.
Published: August 2020

Human trafficking for purposes of sexual and other forms of slavery continues to pose a major threat to the human rights and human dignity of many persons. This is particularly the case for young women from Eastern European nations. Not to be confused with human smuggling and undocumented immigration, human trafficking usually aims at exploitation, often through slavery in the form of un-oder underpaid domestic work or forced prostitution. The European Convention on Human Rights (ECHR) as well as jus cogens outlaw slavery. In this article it is shown by the authors that human trafficking - although not explicitly dealt with in the ECHR - is also prohibited if it aims at creating or maintaining a situation of slavery. Indeed, it is then prohibited by jus cogens and states have a positive obligation to combat human trafficking effectively. Many states fail to do so, showing that this problem is one of law enforcement rather than of creating effective legal norms since those already exist.
MAGNA CARTA 1215 TO NORTH KOREA 2015: ADVANCING THE IDEAL OF LEGAL RESTRAINTS ON GOVERNMENTAL POWER
Authors: Kirby CMG Michael J
Published: August 2020

On the 800th anniversary of the reluctant acceptance of a charter of rights and obligations by King John of England in 1215, many books have been written, essays published and lectures given, examining the relevance of this step in the long constitutional history of England (if any) and for the world of today.Some commentators, have doubted any relevance.Lord [Jonathan] Sumption, a judge of the Supreme Court of the United Kingdom, and an expert in mediaeval English history, has rejected any significance in what sounds to Australian ears as a somewhat condescending remark.‘High minded tosh’, he called it. Geoffrey Robertson QC, of Doughty Street Chambers, London, via Epping in Sydney, expressed somewhat similar views, but more politely. Michael Beloff QC, in this journal, has traced every case of the past century in which Magna Carta had been cited to reach a conclusion that its actual contemporary relevance was small.Other writers and lecturers were willing to find a greater materiality in the Charter for the world of today.
ELECTION PETITIONS AND THE STANDARD OF PROOF
Authors: Hatchard John
Published: August 2020

In Bater v Bater Denning LJ stated that: ‘… in civil cases, the case may be proved by a preponderance of probability, but there may be degrees of probability within that standard’.He added that a higher degree of probability would be required where a civil court was considering a charge of fraud than when considering whether negligence had been established. Even so, a court was not required to adopt ‘so high a degree as a criminal court, even when it is considering a charge of a criminal nature’. In Hornal v Neuberger he again suggested that:‘The more serious the allegation the higher the degree of probability that is required: but it need not, in a civil case, reach the very high standard required by the criminal law’.
RAISING FREEDOM’S BANNER HOW PEACEFUL DEMONSTRATIONS HAVE CHANGED THE WORLD
Authors: Edwards Susan
Published: August 2020

Raising Freedom’s Banner is essential reading for students studying Constitutional and Administrative law, for those with an interest in human rights and also for those engaged in peaceful protests the world over. Paul Harris is a practising barrister in England and Wales and a Senior Counsel in Hong Kong. He founded the Bar Human Rights Committee of England and Wales. He has acted in several cases involving the right to peaceful protest, a right preserved by much struggle which he meticulously charts throughout the pages of his truly rich and wonderful historical and legal account. Paul Harris successfully represented Falun Gong in upholding their right to protest outside a government building in Hong Kong as part of a peaceful hunger strike against the treatment of Falun Gong in mainland China. As any visitor to Chinatown  in London or indeed elsewhere will know Falun Gong simply wish to pursue their peaceful beliefs in Taoist and Buddhist teachings. For Paul Harris protest is the visible existence of the bastion of freedom.
REASONABLE REACTIONS TO THE WRONGNESS OF RAPE
Authors: Gardner John
Published: August 2020

The short paper is a reply to bob Watt, who takes issue in an interesting way with the moral psychology implicit in my old paper 'The Wrongness of Rape' (co-authored with Stephen Shute). Watt says that Shute and I make a sideshow of the emotions by holding them answerable to reasons. I show that this charge is false. I show that it is actually Watt who makes a sideshow of the emotions by presenting them as unresponsive to reasons. I also respond to Watt's criticism of the concrete proposal that Shute and I make, namely that rape is sheer use of a person.
‘HOW WELL ARE WE DOING?’ THE UNITED KINGDOM AND ITS IMPLEMENTATION OF THE OECD ANTI-BRIBERY CONVENTION
Authors: Hatchard John
Published: August 2020

The Organisation for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the OECD Convention) entered into force on 15 February 1999. As at 31 May 2017, there were 41 State Parties (the Parties) comprising the thirty-five OECD member countries and six non-member countries.The United Kingdom (UK) ratified the Convention in 1998. The OECD Convention is supplemented by the Revised Recommendations of the Council of the OECD on Combating Bribery in International Business Transactions (the 2009 Recommendations),Annex I of which contains “Good Practice Guidance on Implementing Specific Articles of the Convention.”In March 2017, the OECD Working Group on Bribery in International Business Transactions (the WGB) published its Phase 4 Report on the United Kingdom’s implementation of the OECD Convention (Phase 4 Report).Having provided a short background section on the scope of the OECD Convention and the role of the WGB, the following section will review some of the key recommendations contained in the Phase 4 Report. In the final section, an assessment is made as to how well the UK is doing with regard to the implementation of its OECD Convention obligations.
EDITORIAL
Authors: Slater James , Brennan Carol
Published: August 2020

As the new Editors of the Denning Law Journal, we are proud to present the 2017 edition, which continues the tradition of the University of Buckingham’s Law School of commissioning and publishing the very best in legal scholarship from a variety of perspectives and across a broad range of subjects.
CURRENT ISSUES IN SUCCESSION LAW
Authors: Bray Judith
Published: August 2020

As the editors observe at the start of this book, the law on succession is a “neglected field”in England whilst Continental and comparative lawyers have rediscovered it to be of immense practical importance which deserves greater academic attention. The rules of succession are of great significance to all; as pointed out by Penelope Reed in Chapter Seven there is no shortage of probate disputes that end up in the Chancery Division as a result of “… an ageing population, the increase in the incidence of dementia and the rise of house prices making estates worth fighting over…”  Since death is inevitable and everyone will die either testate, having made a valid will or intestate, without a valid will the law of succession affects us all. In order to address this gap in the law a conference took place in July 2015 at All Souls College Oxford attended by Chancery Judges, a member of the Court of Appeal as well as a number of leading academics and practitioners. This book comprises eleven of the conference papers. The result is an excellent book both as a reference work for students and practitioners and also of interest to the wider public who may be drawn in by the subject matter and possibly the picture on the loose leaf cover showing David Wilkie’s well-known painting Reading of the Will. In many ways the most engaging feature of this collection is the breadth of subjects covered. They range from the more traditional succession issues such as the reform of the rules of intestacy in Chapter One and Mutual Wills in Chapter Five to the more challenging issues of Testamentary dispositions in favour of informal carers in Chapter Eight and Proprietary Estoppel in Chapter Four. Much credit should be given to the conference organisers and book editors for ensuring that the conference and later the book had sufficient breadth and did not dwell overly on the minutiae of the rules of drawing up a valid will although that said Chapter Four shows how this in itself embraces many wider legal issues.
BECAUSE OF SEX and A LAW OF HER OWN
Authors: Scutt Jocelynne Annette
Published: August 2020

Though published more than ten years apart, it is timely to review these volumes together. Both books adopt an historical perspective on women under men’s laws, with a strong message for the contemporary world. Because of Sex traces developments constituting, and bringing about, advances in how the law addresses women’s work and roles, and consequent change in society. A Law of Her Own proposes how the law should adopt a revised approach, substituting the ‘reasonable woman’ standard for the existing - generally ubiquitous – ‘reasonable man’ or ‘reasonable person’ standard – which Because of Sex indicates has at least to some degree, in some instances, occurred.
BEING A JUDGE IN THE MODERN WORLD
Authors: Motson Fred
Published: August 2020

It is something of a modern cliché to cite the Daily Mail as an example of the more hysterical fringe of the mainstream press, but even by its own standards the newspaper reached new heights in the wake of the High Court’s decision in R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union. Despite the rather dry constitutional point that was actually in issue (whether the executive possessed a prerogative power to leave a treaty without Parliamentary approval) the Mail left no doubt as to its view of the case: ‘Enemies of the people’ screamed the headline, with the article going on to suggest that the claimants “had formed an 'unholy alliance' with the judiciary.” Clearly the position of even the most senior members of the judiciary is far from the distinguished isolation of previous centuries.
Judge, Jurist and Legislature
Authors: Goff Lord
Published: August 2020

Judge, Jurist and Legislature
Civil Proceedings in a Beleaguered Society
Authors: Lowry The Rt Hon Lord
Published: August 2020

Civil Proceedings in a Beleaguered Society
Domestic Contribution and Constructive Trusts: The Canadian Perspective
Authors: Welstead Mary
Published: August 2020

Domestic Contribution and Constructive Trusts: The Canadian Perspective
Local Ombudsmen: The Future
Authors: Yardley D C M
Published: August 2020

Local Ombudsmen: The Future
‘CHANGE THE CONSTITUTION? INTERPRETATION, (MIS)CALCULATION, WRONGS RIGHTED OR REACTION & REITERATION’
Authors: Scutt Jocelynne Annette
Published: August 2020

Since the United States adopted a written constitution as a consequence of the War of Independence, it is fair to say that most Western democracies with written constitutions have taken some guidance from that founding document. Inevitably, a key provision for any written constitution is ‘how can it be amended’. Even where there is an unwritten constitution (as for the United Kingdom, Aotearoa/New Zealand and Israel), the ‘rules’ established by convention or custom or some other means cannot be immutable: the passage of time or changing ideas require some means of altering or updating the rules. Changing a constitution is a matter of law, yet one inescapably imbued with politics. This article explores the way constitutional change has come, and how the rules have worked, in Australia (the 1951 referendum to ban the Australian Communist Party – unsuccessful, and the 1967 referendum to recognise rights of Indigenous Australians – successful) and the United States (the Equal Rights Amendment – situation ongoing), with a foray into the referendum process in United Kingdom (the 2017 ‘Brexit’ vote). It explores, too, the ‘change’ to a constitution where there is no change to the words of the document, but a change in interpretation – this in the context of Canada in 1929. There, consistent with judgments in Aotearoa/New Zealand, Australia, the United Kingdom and the United States, the Canadian Supreme Court interpreted ‘person’ as appearing in the North America Act as not including women, denying women any entitlement to be appointed to the Canadian Senate. As related here, women were finally acknowledged as ‘persons’ when the Privy Council pronounced this to be so, an unanticipated outcome from a judicial body considered by both Canada and Australia to be so hidebound as not to be ‘right’ as the final court of appeal for Britain’s former colonies.
Religious Freedom and the Australian Constitution – Origins and Future
Authors: Scutt Jocelynne A.
Published: August 2020

The most recent Australian Census, conducted by the Australian Bureau of Statistics (ABS) in 2016 (with a 95.1 per cent response rate), confirms that Australia is ‘increasingly a story of religious diversity, with Hinduism, Sikhism, Islam, and Buddhism all increasingly common religious beliefs’.1 Of these, between 2006 and 2016 Hinduism shows the ‘most significant growth’, attributed to immigration from South East Asia, whilst Islam (2.6 per cent of the population) and Buddhism (2.4 per cent) were the most common religions reported next to Christianity, the latter ‘remaining the most common religion’ (52 per cent stating this as their belief). Nevertheless, Christianity is declining, dropping from 88 per cent in 1966 to 74 per cent in 1991, and thence to the 2016 figure. At the same time, nearly one-third of Australians (30 per cent) state they have no religion, this group reflecting ‘a trend for decades’ which, says the ABS, is ‘accelerating’
“Escaping the Sunken Place: indefinite detention, asylum seekers, and resistance in Yarl’s Wood IRC”
Authors: SEYMOUR-BUTLER AIDAN
Published: August 2020

The Law Society has recently raised concerns about the UK’s migration system, stating that ‘failures in UK immigration and asylum undermine the rule of law’. Nowhere are those problems more apparent than in the UK’s handling of migrants and asylum seekers in detention centres. A particular recurring issue that speaks to the Law Society’s concern is the absence of a defined time limit for immigration detention. The possibility of indefinite detention has been a source of tension both within British politics, and within UK immigration detention centres. An example of this can be understood with reference to the Yarl’s Wood Immigration Removal Centre (IRC) in Bedfordshire, known for its controversial and rebellious past. In 2015 Nick Hardwick, a former chief prisoner inspector, labelled the Centre a place of ‘national concern’, after examining the mistreatment of vulnerable detainees. Yarl’s Wood’s problematic history, seems to have continued into the present, following a detainee led hunger strike that resulted in ‘renewed concerns’ over health care in detention centres. In addition to protesting the standard of medical treatment received by detainees, the strikers’ underlying focus was on indefinite detention.  The Home Office’s response to these strikes was unsympathetic, it sent a letter to detainees suggesting that their continued participation in the strike may in fact result in their removal being accelerated. Although, the hunger strike ended in March 2018 the Home Office’s response to the strike raised some interesting legal and philosophical questions about human rights and resistance in detention centres. In order to grapple with some of these issues, this paper has been separated into two parts. The first part will attempt to contextualise the existing immigration regime and explore how legal disputes might fit within the broader scheme of opposing indefinite detention. It will also briefly examine the legal challenges that may arise from the use of threats of accelerated deportations.
Introduction to the 2019 General Election
Authors: Sargent Sarah , Slater James
Published: August 2020

The Editorial Team of the Denning Law Journal are pleased to offer its 2019 General Edition, which covers a range of topical issues that fall within the remit of the journal and keeps faith with Lord Denning’s vision and far-sightedness. The aim of the Denning Law Journal is to provide a forum for the widest discussion of issues arising in the common law world and the Commonwealth, and also to embrace wider global issues of contemporary concern.
‘Show Me Your Horse and I Will Tell You Who You Are’: Brexit, A Chance to Acknowledge Animal Sentience in Law
Authors: Horton Jessica , Merritt Jonathan
Published: August 2020

This article is written to explore the current position of the concept of animal sentience in UK animal welfare law. This is based on research carried out since 2017 but there have been political and legal developments which bring the issue to the fore now, chiefly these are concerned with Brexit and the EU definition of animal sentience contained in the Lisbon Treaty.At time of writing, however, there could scarcely be less certainty about the likely final outcome of the United Kingdom’s endeavours to exit the European Union.
The Law, Politics and Morality
Authors: Hailsham of Marylebone The Rt Hon Lord
Published: August 2020

The Law, Politics and Morality
The Family Law Reform Act 1987 - Useful Reform but an Unhappy Compromise?
Authors: Lowe N V
Published: August 2020

The Family Law Reform Act 1987 - Useful Reform but an Unhappy Compromise?
The Uses of Power: Mr Justice Denning and the Pensions Appeal Tribunals
Authors: Polden Patrick
Published: August 2020

The Uses of Power: Mr Justice Denning and the Pensions Appeal Tribunals
Rhetoric, Reality, and Regulation 18B
Authors: Simpson A W B
Published: August 2020

Rhetoric, Reality, and Regulation 18B
Values
Authors: Hailsham of Marylebone The Rt Hon Lord
Published: August 2020

Values
What's Right About Rights?
Authors: Allan James
Published: August 2020

What's Right About Rights?
Clameur de Haro
Authors: Crill Peter
Published: August 2020

Clameur de Haro
Some Remarks on the Persistent Objector Rule in Customary International Law
Authors: Elias Olufemi
Published: August 2020

Some Remarks on the Persistent Objector Rule in Customary International Law
Miscarriages of Justice - Our Lamentable Failure?
Authors: Kirby CMG Michael J
Published: August 2020

Miscarriages of Justice - Our Lamentable Failure?
The Role of Good Faith and Fair Dealing in Contract Law: A Hair-Shirt Philosophy?
Authors: Sweyn The Hon Mr Justice
Published: August 2020

The Role of Good Faith and Fair Dealing in Contract Law: A Hair-Shirt Philosophy?
Obedience to Doctrine in Canon Law: The Legal Duty of Intellectual Assent
Authors: Doe Norman
Published: August 2020

Obedience to Doctrine in Canon Law: The Legal Duty of Intellectual Assent
A New Framework for Education in Schools and the Link with Judicial Review
Authors: Robinson Jonathan
Published: August 2020

A New Framework for Education in Schools and the Link with Judicial Review
Freedom of the Press: Freedom from the Press
Authors: Calcutt QC Sir David
Published: August 2020

Freedom of the Press: Freedom from the Press
The Sanctity of the Village Green: Preserving Lord Denning's Pastoral Vision
Authors: Greenfield S , Osborn Guy
Published: August 2020

The Sanctity of the Village Green: Preserving Lord Denning's Pastoral Vision
Prediction Market for Disease Surveillance: A Case Study of Influenza Activity
Authors: Ho Anson T Y , Polgreen Philip M , Prendergast Tim
Published: August 2020

We conducted a pilot study on the use of prediction markets to aggregate private information for disease surveillance. Influenza activity in Iowa, North Carolina, and Nebraska between 2008-2010 was forecast through prediction markets operated on the Iowa Electronic health Markets (IEhM). We found that prediction markets were well utilized by participants, and they achieved high level of forecasting accuracy as far as 4 weeks before actual influenza-level outcomes were announced. Trading activities indicate that new information continuously flowed into the markets during the trading window, which further improved prediction accuracy as contracts drew down to expiry. This project demonstrates that a prediction market is a practical infectious disease surveillance mechanism that provides low-cost useful information for public health administration in a timely manner.
Behaviour of the Foreign Exchange Rates of BRICS: Is it Chaotic?
Authors: Bhattacharya Sharad Nath , Bhattacharya Mousumi , Roychoudhury Basav
Published: August 2020

The article focuses on the behaviour of foreign exchange rates of BRICS countries in reference to US dollar with special emphasis on examining presence of nonlinear dependence and deterministic chaos. The findings did not indicate random walk behaviour in the returns for all exchange rates and performance of GARCH as well as EGARCH models are reasonably good in capturing the conditional volatility. Further evidences suggest existence of nonlinear dependence and we compute Maximal Lyapunov Exponent and Correlation Dimension test with multiple surrogate series which confirms the chaotic nature of the exchange rates for all countries under study except for South Africa. The findings support short run predictability in exchange rates while long run predictions are unlikely to be successful. The chaotic nature of the foreign exchange market calls for newer intervention mechanism by the Central Bank of the respective countries to limit the exchange rate volatility.
IS THERE A FRIDAY EFFECT IN FINANCIAL MARKETS?
Authors: Caporale Guglielmo Maria , Plastun Alex
Published: August 2020

This paper tests for the presence of the Friday effect in various financial markets (stock markets, FOREX, and commodity markets) by using a number of statistical techniques (average analysis, parametric tests such as Student's t-test and ANOVA analysis, non-parametric ones such as the Kruskal-Wallis test, regression analysis with dummy variables). The evidence suggests that stock markets are immune to Friday effects, whilst in the FOREX Fridays exhibit higher volatility, and in the Gold market returns are higher on this day of the week. Using a trading robot approach we show that the latter anomaly can be exploited to make abnormal profits.
Forecasting 2016 US Presidential Elections Using Factor Analysis and Regression Model
Authors: Sinha Pankaj
Published: August 2020

The paper categorizes factors responsible for forecasting the outcome of U.S. presidential election 2016 using factor analysis, which groups the various economic and non-economic parameters based on the correlation among them. The major economic factor significant in 2016 US presidential election is the growth of the economy, and the ‘anti-incumbency factor that signifies how long the incumbent party has been controlling the White House is found to be an important non-economic factor likely to play a dominant role in the election. The dependent variables considered are the vote shares of the nominees of the incumbent and the non-incumbent majority party candidates. The forecast is calculated by running a regression of the significant factors, obtained through factor analysis technique, on the incumbent party vote share as well as on the non-incumbent party vote share. The proposed models forecast the vote share of Democrat candidate Mrs. Hillary Clinton to be 45.59% with a standard error of ±2.32% and that of Republican candidate Mr. Donald Trump to be 39.51% with a standard error of ±3.87%. Hence, the models built in the paper signal a comfortable margin of victory for the Presidential nominee of the incumbent party, Hillary Clinton.The study re-establishes the notion that the non-economic factors have a greater influence on the outcomes of election as compared to the economic factors, as some of the important economic factors such as inflation and unemployment rate failed to establish their significance.
Modeling volatility of Indian exchange rates under the impact of regime shifts: A study with economic significance analysis
Authors: Kumar Dilip
Published: August 2020

In this paper, we assess the impact of regime shifts on the long memory properties of the Indian exchange rates. We make use of Sanso, Arago and Carrion (2004) Iterated Cumulative Sum of Squares (hereafter referred as AIT-ICSS) algorithm to detect the points of structural breaks in volatility series. Our findings indicate that incorporating the impact of sudden changes in volatility in the model indeed reduces the magnitude of long memory parameter. In the case of INR/JPY, we observe a shift in characteristics from long memory to mean reversion when the impact of regime shifts is included in the volatility model. Our findings also highlight that incorporating the impact of regime shifts in the model also improves the volatility forecast accuracy. Moreover, we implement a trading strategy based on risk-averse investor and find that the volatility forecasts based on the model which incorporate the impact of structural breaks provide substantial gains in return in comparison to volatility models with no structural breaks. These findings have important policy implications for financial market participants, investors and policy makers.
Market Efficiency and Fundamental Valuation. Evidence from the German Stock Exchange
Authors: Artikis Panagiotis
Published: August 2020

The present paper tests whether the intrinsic value of firm, estimated with the residual income model (RIM), and the resulting value-to-price (V/P) ratio can explain the cross section of stocks returns. The study enhances the literature in the area of asset pricing by the introduction of a new intrinsic value risk factor in such a manner as to obtain a monotonic relation between risk and expected returns. Furthermore, we incorporate in the RIM, for the first time, a time series model that does not rely on analysts’ forecasts for the estimation of the key parameters of the model. A unique dataset from Germany is utilized, from 31/12/1989 to 30/6/2016, contributing by this way to the necessary accumulation of non-US research. The results show the existence  for longer time periods of a V/P ratio effect that is persistent and cannot be explained by either the systematic risk, the size or the BE/ME ratio of the sample firms. The results of the regressions models indicated that the intrinsic value risk factor is positively related to stock returns and that it increases the explanatory power of the asset pricing models whenever it is explicitly included in them.
Can mutual fund managers predict security prices to beat the market?The case of Greece during the debt crisis
Authors: Koutsokostas Drosos , Papathanasiou Spyros , Eriotis Nikolaos
Published: August 2020

The purpose of this paper is to examine the performance of Greek equity mutual funds, elaborating on stock selection in parallel with market timing measures, in comparison with the performance of ETFs and index funds for the period 01/24/2008-05/12/2017, and the short-term performance persistence of actively managed funds for the period 05/12/2015-05/12/2017. Using all domestic equity mutual funds at our disposal and daily data, the authors apply multi-factor models to estimate risk-adjusted returns and to evaluate the selectivity and market timing ability of fund managers. In order to investigate short-term performance persistence, the coexistence of stock selection and market timing strategy is allowed and a battery of parametric and nonparametric tests is implemented. Results show that actively managed mutual funds underperformed the market index, as well as passively managed ETFs and index funds, primarily due to the managers’ inability to time the market. Furthermore, a winner-picking strategy to outperform a-buy-the-market-and hold policy is questioned.
FOREGONE INTEREST AND CONTRACT MISPRICING IN PREDICTIVE MARKETS
Authors: De los Reyes Charles , Raifman Lawrence J.
Published: August 2020

Over the past 20 years, predictive markets have risen from relative obscurity to prominence. Relevant across several fields of study, these markets have utilized collective wisdom in order to better ascertain outcomes of future events. This paper look at the mechanics of trading and finds enduring pricing anomalies based on errant behavior on behalf of both buyers and sellers. Specifically, trading behavior seems to ignore the time value of money associated with buying and selling contracts even when the interest foregone is non-trivial. As such, the possibility for arbitrage presents itself in some of these cases. Finally, we examine the associated consequences of this behavior in regards to the mechanics of these markets and possible strengthening reforms in hopes of developing deeper, more robust predictions markets.The authors would like to thank Andrew de los Reyes and David Gordon for their help with research.  In addition, we would like to thank Professor Michael Abramowicz for helpful comments.
EXPLOITING INEFFICIENCIES IN FINANCIAL AND SPORTS GAMBLING MARKETS: EXPLORATORY DRIFT MODELING
Authors: Mallios William
Published: August 2020

Cointegrated time series associated with financial and sports gambling markets are analyzed in terms of time-varying parameter models. Parameter drift is modeled in terms of lagged disequilibria. Model forecasts are intended to capitalize on periods of market inefficiency. Modeling premises are that (1) present and past disequilibria—shocks both within and between time series—may affect subsequent changes and rates of these changes within individual series and (2) sufficiently large shocks may disrupt/alter model structure such that resulting forecasts may be temporarily unreliable. Reduced forecasting equations are in terms of higher order ARMA models that are not limited to bilinear processes. Sports forecasting models based on public information are usually more effective—in terms of profitable trading/wagering strategies—than those for the financial sector for two reasons: (1) Insider information is less prevalent. (2) Modeling is simplified since lagged shocks associated with the gambling lines/spreads are known—in contrast with financial modeling where there are no comparable gambling shocks, only unknown, lagged statistical shocks in terms of MA variables. Forecasting is illustrated for NFL and NBA playoff games. In financial markets, cointegration is discussed in terms of candlestick chart variants with modeling illustrations given in terms of recent Google price changes.
THE INNOVATION ENGINE AT RITE-SOLUTIONS: LESSONS FROM THE CEO
Authors: Lavoie Jim
Published: August 2020

I spent over 30 years  in a highly structured, hierarchical organization where good ideas could only flow top-down and where the firm’s intellectual capital was more defined by the level of organizational “box” that a person occupied than by the actual insight that person possessed.  In January 2000, as a “second career”, I set out to build a company that would be liberated from such restrictions of thought and, instead, would capitalize on the intellectual bandwidth of the entire organization to “Innovate Every Day”.  Such a company would be based upon two of my most fundamental beliefs:  “No one is as smart as everyone”, that is to say that good ideas are not bounded by organizational structure, but can come from anyone, in any place, at any time; and second, that the Hierarchical Pyramid as an organizational business structure is an enigma in the 21st century knowledge economy. An enigma more suited to controlling information flow than fostering innovation.My challenge in building such a company was two-fold: to develop a mechanism that could “operationalize” innovation by tapping the collective genius in my organization in a non-intimidating, fun way to generate these good ideas continuously; and, second, to institute a new organizational model with enough control to operate as a responsible, profitable business, but with sufficient flexibility to leverage and disseminate brilliant, innovative ideas across the organization – that’s all!!