bluuebunny/crossref_metadata_2025 huggingface dataset:
The use of environmental DNA as an early warning tool in the detection of new freshwater invasive non-native species.
Authors: Blackman R. C. , Hänfling B. , Lawson-Handley L.
Published: August 2018

Successful removal and eradication of invasive non-native species (INNS) relies on early detection, ideally with pathway screening, to prevent any spread or outbreak in to a new region. The collection of DNA from environmental samples, known as environmental DNA or eDNA, is a revolutionary technique allowing the screening of target species without their prior collection or observation. This technique has been referred to as a 'game changer' for biodiversity monitoring, and the potential for INNS detection is particularly appealing. Current freshwater monitoring methods are heavily dependent on specimens being in sufficient number to be collected, thus making early detection at the beginning of an invasion, when numbers are likely to be low, challenging. However, the DNA of new INNS may still be prevalent in the environment, even at low densities, making detection possible. Here we review the recent developments in the application of eDNA for the detection of INNS, and assess the promise and pitfalls for its more widespread application.
Morning Home Blood Pressure and Cardiovascular Events in a Japanese General Practice Population Over 80 Years Old: The J-HOP Study
Authors: Kawauchi Dai , Hoshide Satoshi , Kario Kazuomi
Published: August 2018

BACKGROUND

Home blood pressure (BP) measurement has been well accepted for use in the diagnosis and treatment of hypertension. However, data regarding the association between home BP levels and cardiovascular events in a general practice population aged ≥80 years are sparse.

METHODS

We analyzed the cases of 349 patients ≥80 years old from the Japan Morning Surge-Home Blood Pressure (J-HOP) Study, a nationwide practice-based study of 4,310 Japanese with a history of and/or risk factors for cardiovascular disease. Home BP measurements were performed twice daily (morning and evening) over 14 consecutive days at baseline.

RESULTS

During a median follow-up of 3.0 years, 32 composite cardiovascular events (13 strokes and 19 nonstroke events) occurred. Higher morning systolic BP (SBP) was a significant risk factor for composite cardiovascular events (hazard ratio (HR) per 10mm Hg, 1.23; 95% confidence interval (CI): 1.01–1.50) and stroke events (HR per 10mm Hg, 1.47; 95% CI: 1.08–2.00) after adjustment by the 4-year cardiovascular risk scores and clinic SBP. In the adjusted model, morning diastolic BP also tended to be a significant risk factor of stroke events (HR per 5 mm Hg, 1.43; 95% CI: 1.00–2.05). However, these associations were not found for evening BP or clinic BP.

CONCLUSIONS

Morning home BP showed a positive linear association with cardiovascular events, especially with stroke. This association was not observed for clinic BP or evening home BP. Based on these results, in very elderly Asian populations, measuring morning home BP might be important in clinical practice regardless of the individual’s office BP level.
Deconvoluting essential gene signatures for cancer growth from genomic expression in compound-treated cells
Authors: Jung Jinmyung , Kang Yeeok , Paik Hyojung , Kwon Mijin , Yu Hasun , Lee Doheon
Published: August 2018

Motivation

Essential gene signatures for cancer growth have been typically identified via RNAi or CRISPR–Cas9. Here, we propose an alternative method that reveals the essential gene signatures by analysing genomic expression profiles in compound-treated cells. With a large amount of the existing compound-induced data, essential gene signatures at genomic scale are efficiently characterized without technical challenges in the previous techniques.

Results

An essential gene is characterized as a gene presenting positive correlation between its down-regulation and cell growth inhibition induced by diverse compounds, which were collected from LINCS and CGP. Among 12 741 genes, 1092, 1 228 827 962, 1 664 580 and 829 essential genes are characterized for each of A375, A549, BT20, LNCAP, MCF7, MDAMB231 and PC3 cell lines (P-value ≤ 1.0E–05). Comparisons to the previously identified essential genes yield significant overlaps in A375 and A549 (P-value ≤ 5.0E–05) and the 103 common essential genes are enriched in crucial processes for cancer growth. In most comparisons in A375, MCF7, BT20 and A549, the characterized essential genes yield more essential characteristics than those of the previous techniques, i.e. high gene expression, high degrees of protein–protein interactions, many homologs and few paralogs. Remarkably, the essential genes commonly characterized by both the previous and proposed techniques show more significant essential characteristics than those solely relied on the previous techniques. We expect that this work provides new aspects in essential gene signatures.

Availability and implementation

The Python implementations are available at https://github.com/jmjung83/deconvolution_of_essential_gene_signitures.

Supplementary information

Supplementary data are available at Bioinformatics online.
Specialization Models of Network Growth
Authors: Bunimovich L A , Smith D C , Webb B Z
Published: August 2018

One of the most important features observed in real networks is that, as a network’s topology evolves so does the network’s ability to perform various complex tasks. To explain this, it has also been observed that as a network grows certain subnetworks begin to specialize the function(s) they perform. Herein, we introduce a class of models of network growth based on this notion of specialization and show that as a network is specialized using this method its topology becomes increasingly sparse, modular and hierarchical, each of which are important properties observed in real networks. This procedure is also highly flexible in that a network can be specialized over any subset of its elements. This flexibility allows those studying specific networks the ability to search for mechanisms that describe their growth. For example, we find that by randomly selecting these elements a network’s topology acquires some of the most well-known properties of real networks including the small-world property, disassortativity and a right-skewed degree distribution. Beyond this, we show how this model can be used to generate networks with real-world like clustering coefficients and power-law degree distributions, respectively. As far as the authors know, this is the first such class of models that can create an increasingly modular and hierarchical network topology with these properties.
Multimorbidity Patterns, Frailty, and Survival in Community-Dwelling Older Adults
Authors: Nguyen Quoc Dinh , Wu Chenkai , Odden Michelle C , Kim Dae Hyun
Published: August 2018

Background

Frailty and multimorbidity are independent prognostic factors for mortality, but their interaction has not been fully explored. We investigated the importance of multimorbidity patterns in older adults with the same level of frailty phenotype.

Methods

In a cohort of 7,197 community-dwelling adults aged 65 years and older, physical frailty status (robust, pre-frail, frail) was defined using shrinking, exhaustion, inactivity, slowness, and weakness. Latent class analysis was used to identify individuals with multimorbidity patterns based on 10 self-reported chronic conditions. We estimated hazard ratios (HR) and incidence rate differences (IRDs) for mortality comparing multimorbidity patterns within each frailty state.

Results

Five multimorbidity classes were identified: minimal disease (24.7%), cardiovascular disease (29.0%), osteoarticular disease (27.3%), neuropsychiatric disease (8.9%), and high multisystem morbidity (10.0%). Within each frailty state, the mortality rate per 1,000 person-years over 4 years was greatest in the neuropsychiatric class and lowest in the minimal disease class: robust (56.3 vs 15.7; HR, 2.11 [95% CI: 1.05, 4.21]; IRD, 24.1 [95% CI: −11.2, 59.3]), pre-frail (85.3 vs 40.4; HR, 1.74 [95% CI: 1.28, 2.37]; IRD, 27.1 [95% CI: 7.6, 46.7]), and frail (218.1 vs 96.4; HR, 2.05 [95% CI: 1.36, 3.10]; IRD, 108.4 [95% CI: 65.0, 151.9]). Although HRs did not vary widely by frailty, the excess number of deaths, as reflected by IRDs, increased with greater frailty level.

Conclusions

Considering both multimorbidity patterns and frailty is important for identifying older adults at greater risk of mortality. Of the five patterns identified, the neuropsychiatric class was associated with lower survival across all frailty levels.
Caparo Industries plc v Dickman [1990] 2 AC 605
Authors: Purshouse Craig
Published: August 2018

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Caparo Industries plc v Dickman [1990] 2 AC 605. The document also included supporting commentary from author Craig Purshouse.
Spartan Steel & Alloys Ltd v Martin and Co (Contractors) Ltd [1973] 1 QB 27
Authors: Purshouse Craig
Published: August 2018

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Spartan Steel & Alloys Ltd v Martin and Co (Contractors) Ltd [1973] 1 QB 27. The document also included supporting commentary from author Craig Purshouse.
9. Devolution and local government
Authors: Stanton John , Prescott Craig
Published: August 2018

Devolution is a recent addition to the UK constitutional law vocabulary. The concept refers to the decentralisation of power from central institutions in London to regional institutions exercising executive and legislative authority in Scotland, Wales, and Northern Ireland. This chapter explores the principle of devolution, both in terms of its historical development and its constitutional importance. It discusses recent issues and debates relevant to the role that it continues to play in the UK Constitution through the established institutions in Scotland, Wales, and Northern Ireland. All this is tied together in consideration of a problem scenario which encourages discussion of the powers of the devolved institutions and their relationship with centralised authority at Westminster.
11. Judicial review: illegality
Authors: Stanton John , Prescott Craig
Published: August 2018

This chapter considers ‘illegality’ as a ground of judicial review. Illegality is one of the three main grounds of judicial review as outlined by Lord Diplock in Council of Civil Service Unions & Others v Minister for the Civil Service. Broadly, the aim of this ground of judicial review is to ensure that public authorities act within the scope of their powers. This means that illegality is a wide ground of judicial review and is best considered as an umbrella term for a range of different ways in which a decision by a public authority can be challenged. A decision can be challenged under this ground of judicial review on the basis that the public authority lacks the power to make the decision in the first place, or if it does have the power, then the power has been exercised incorrectly.
12. Judicial review: irrationality and proportionality
Authors: Stanton John , Prescott Craig
Published: August 2018

This chapter explores irrationality, the second ground for judicial review identified by Lord Diplock in Council of Civil Service Unions and Others v Minister for the Civil Service. It examines the meaning of this principle, its foundation upon the test of unreasonableness, and the approach that the courts have adopted since that case. Irrationality, and the notion of unreasonableness upon which it is based, is a particularly vague and ambiguous term, with a range of possible interpretations and meanings. This has meant that the courts have often considered judicial review claims, brought on the basis of irrationality, with varying degrees of caution, often employing the necessary tests with notable stringency. In part as a result of this, and in part also due to the increasing influence of European legal practices on the UK system, the test of proportionality has developed as a substantive ground for judicial review, often overlapping and sometimes conflicting with application of the irrationality doctrine.
14. Administrative justice: tribunals, ombudsmen, and public inquiries
Authors: Stanton John , Prescott Craig
Published: August 2018

This chapter discusses the concept of administrative justice. The complexity and scale of modern government means that it is inevitable that sometimes things will go wrong. Public bodies make hundreds of thousands of decisions each year. Sometimes, the pressures of making thousands of decisions on finite resources mean that public bodies may not treat members of the public appropriately and not fulfil the aims of good government. When things go wrong, some will wish to challenge decisions made by the public authorities. Although such disputes are usually resolved by the courts applying the principles of judicial review, alternatives such as statutory tribunals, the ombudsman, and public inquiry provide other ways to challenge decisions made by public bodies. These three procedures form the basis of the system of administrative justice.
15. The European Convention on Human Rights and the Human Rights Act 1998
Authors: Stanton John , Prescott Craig
Published: August 2018

One of the most fundamental aspects of any constitution are the provisions and measures that protect the rights and freedoms of individuals. In the UK, rights protection is markedly different to that in America, in chief because there is no entrenched Bill of Rights. Rights protection is dominated by the European Convention on Human Rights (ECHR), incorporated by the Human Rights Act 1998, which sets out a number of positive rights that are actionable in the UK courts This chapter discusses the ways in which these rights are protected in the UK Constitution. It discusses the courts' historic civil liberties approach and common law protection of rights, before then examining the development, incorporation, and application of the ECHR. The chapter also explores the way in which the various sections of the Human Rights Act 1998 work to ensure appropriate enforcement and protection of rights in UK law.
5. Constitution of trusts
Authors: Pearce Robert , Barr Warren
Published: August 2018

This chapter covers the constitution of trusts. A trust can be created in two ways: by the owner of property becoming a trustee himself or herself or by transferring property to someone else, and, at the same time, imposing a trust on them. In the first instance, a trust will be created if the person who holds the legal title to property free of any existing trust effectively declares themselves trustee of it in favour of specified beneficiaries. On the other hand, if the legal owner of property, the settlor, wishes to subject it to a trust in favour of beneficiaries, but does not wish to serve as trustee themselves, they can create a trust by transferring the property to someone else. In such circumstances, the original owner ceases to have any interest in the property, and the transferee of the property receives it as trustee subject to the trust obligations.
10. Interests in the family home
Authors: Pearce Robert , Barr Warren
Published: August 2018

This chapter starts by outlining some of the changes in society that have driven the development of the law on disputes regarding the family home. When a family is living happily together, there are unlikely to be disputes about the ownership of the family home. However, where the relationship fails, or one of the parties dies, the division of assets-including the family home-can be a deeply divisive issue. Where a couple are married, their dispute can often be resolved through the divorce legislation. Even then, the chapter shows how equity may have a part to play. It also looks at the current state of the law. Most of the cases taken up in this chapter involve cohabiting (rather than married) couples and the family home.
12. Proprietary estoppel
Authors: Pearce Robert , Barr Warren
Published: August 2018

This chapter focuses on proprietary estoppel. Proprietary estoppel can confer proprietary rights despite the lack of a formal grant or transfer. It can be used in three situations: where a person mistakenly believes that they have an existing right in land and the real owner acquiesces in this belief, where a person is encouraged by the owner to believe that they have an existing right in land, and where a person is led by the owner to believe that they will have a right in the future if they act in a particular way. It has much in common with common intention constructive trusts, but is capable of operating in different circumstances. Most cases involve rights in land, but the doctrine is not confined to this kind of property.
14. Wills and inheritance
Authors: Pearce Robert , Barr Warren
Published: August 2018

This chapter is concerned with the arrangements which people can make to choose who will benefit from their property after their death. It has been said that only two things are certain in life: death and taxes. The two are linked in another way, because death is an occasion on which the state levies taxes, primarily through inheritance tax. The tax treatment of inheritance arrangements is important and has considerable influence on the way in which people arrange their affairs. Moreover, the Law Commission has consulted on some wide ranging changes to the rules governing wills, on the basis that law needs to be updated to improve clarity, bring it up to date, and make it workable. Hence this chapter makes references to their proposals for reform.
15. The role and status of charities
Authors: Pearce Robert , Barr Warren
Published: August 2018

This chapter considers the nature and benefits of an organization gaining charitable status. Charity, in the sense of doing good for one’s fellow man, is often linked with philanthropy, which is the desire to promote the welfare of others. However, the legal definition of ‘charity’ is one that is carefully controlled because of the advantages that organizations which are classed as charities at law enjoy. Nevertheless, it includes a variety of purposes, which affect of the everyday life of citizens. Many people in England and Wales have real, if unknowing, contact with the law of charitable trusts, whether they are putting a small donation into collection boxes or envelopes, putting something into a collection at church, signing a Gift Aid declaration on admission to National Trust properties, contributing regularly through payroll giving schemes, or responding to major disaster appeals.
20. Fixed trusts
Authors: Pearce Robert , Barr Warren
Published: August 2018

This chapter looks in detail at the fixed trust. In a fixed trust, the interests of the beneficiaries have already been defined by the settlor. The trustee must carry out those terms and distribute the fund as has been specified. There are six uses of fixed trusts: bare trusts, nominee trusts, custodian trusts, non-trustee custodians, concurrent interests, and consecutive interests. The chapter also discusses the beneficial entitlement to defined interests, as well as the certainty of objects. It then shows how a fixed trust will continue for so long as the trustees hold the trust assets for the beneficiaries. Furthermore, it is possible for the principal or beneficiary under a bare or fixed trust to deal with his equitable interest without terminating the trust.
31. Remedies against strangers to the trust
Authors: Pearce Robert , Barr Warren
Published: August 2018

This chapter considers remedies involving a breach of trust which involves a third party who was not a trustee either as a participant in the breach or as the recipient of trust property transferred to them in breach of trust. In the event of such a breach, the beneficiaries of the trust may be entitled to pursue remedies against the stranger. The third party is termed a ‘stranger to the trust’ because he or she was not a trustee and, therefore, was not subject to any obligations prior to his or her involvement in the breach. Remedies against third parties may prove more attractive to the beneficiaries than their remedies against the trustee in breach. The availability of remedies against a stranger to the trust will be especially important if the trustee is insolvent, thus rendering direct remedies against the trustee ineffective.
1. Family Life and the Law
Authors: Lamont Ruth
Published: August 2018

This chapter explores the nature of family life and the role of the law in family relationships to identify the particular challenges facing family lawyers. In particular, it considers how the law interacts with family life, how family relationships are identified in law, and what role the law plays in regulating family behaviour. The diversity and personalised experience of ‘family’ means that the role of the law in these processes is complex. There are two central issues facing family lawyers. First, the identification of a relationship as being one of ‘family’ for the purposes of the law is an important label, and may give rise to specific rights and obligations, even if the particular relationship bears no significance for the individual. Secondly, identifying the nature of the rights and obligations arising from a family relationship is central to determining the significance of the relationship.
2. Relationships between Adults: Marriage, Civil Partnerships, and Cohabitation
Authors: Hayward Andrew
Published: August 2018

This chapter explores the historical development and modern statutory framework applicable to adult formalised and non-formalised relationships. It attempts to instil a thorough understanding of the key principles applicable to the formation and subsequent regulation of these relationships. Owing to the rapid change in family forms and the growing legal recognition of same-sex relationships, the statutory framework has evolved. The chapter assess how far these frameworks have successfully accommodated modern family forms and whether further reform is required. Topics discussed include the evolution of marriage; the formal recognition of same-sex relationships; legal consequences and formalities for entry into marriage; the legal consequences of nullity; civil partnerships; and cohabitation.
4. Property Division on Divorce
Authors: Morgan Polly
Published: August 2018

At the end of a marriage, it is necessary to consider the practical and financial arrangements for the parties' future: how they will share the value of the house(s), the pensions, and the savings and investments; who pays the debts; who gets personal belongings and furniture; and who has what income to live on. The law will only give effect to agreements that are objectively fair. If the parties cannot agree a fair settlement, then courts have the power to impose a settlement on them by making a ‘financial remedy’ order in whatever terms it thinks are objectively fair. This chapter looks at the courts' powers, the legal principles, the practical implications, and the problems that may arise in financial remedy practice. The law described in this chapter applies only to couples who have been married or civilly partnered to one another. There are no equivalent protections in England and Wales for unmarried couples.
16. Unconscionability and unfairness
Authors: Macdonald Elizabeth , Atkins Ruth , Krebs Jens
Published: August 2018

This chapter is concerned with unconscionability, good faith, and inequality of bargaining power. It is often stated that there are no such general doctrines in English Law. Concerns about uncertainty clearly play a part in this, and there is a tension between freedom of contract and intervening in the bargain reached by the parties on the basis of its substantive unfairness. There has, of course, been legislative intervention in relation to the use of unfair exemption clauses and unfair terms, more generally, in the consumer context (see Chapters 10 and 11) and, before such legislation, in particular, judges were prepared to manipulate common law rules on incorporation and construction (see Chapter 9) to deal with unfairness. This chapter principally deals with cases in which the courts have intervened in a contract, or refused to enforce it, where one party had some weakness in his or her position, in relation to the other, and that other has gained unduly advantageous terms.
18. Performance and breach
Authors: Macdonald Elizabeth , Atkins Ruth , Krebs Jens
Published: August 2018

This chapter covers the two contractual situations of performance and breach. First, it recognizes that most contracts are performed and completed, with the consequence that liability ceases and the obligations under the contract are discharged by performance. Some obligations may be classed as conditions precedent, or as conditions subsequent, and the order for performance may be provided for by contingent conditions. The relevance of the entire contracts rule is noted. Second, the chapter explores the injured party’s right to terminate for breach. The right to terminate for repudiatory breach and the right to terminate for anticipatory breach of contract, are both illustrated through the relevant case law which highlight the possible options available to an injured party and the consequences which may follow.
4. The Court Structure and Alternative Forms of Dispute Resolution
Authors: Marson James , Ferris Katy
Published: August 2018

This chapter identifies courts and tribunals as the place where the laws discussed in the previous chapters are interpreted and utilized in the legal system. The jurisdiction of the courts and the personnel within them are described and a comparison is drawn between these forums for the administration of justice. It is important for those in business to be aware of the work of at least one tribunal—the Employment Tribunal, as many employment-related disputes ultimately end up here. Also, the courts in the English legal system, and the increasing use of Alternative Dispute Resolution mechanisms, are relevant to businesses as they are used either to settle disputes or to avoid them altogether. Because the term ‘court’ is difficult to define in any practical sense, the chapter uses a description of what a court does.
16. Maintenance of Finance and Capital
Authors: Marson James , Ferris Katy
Published: August 2018

This chapter discusses the details of the various obligations on companies that wish to issue and allot shares, provide debentures and charges over the company’s assets, and provide guidance on the maintenance of the company’s finances. It continues from the discussion of the administration of the company to consider the broad issue of corporate governance and identifies how a company may raise capital, while also considering the obligations placed on the directors to protect and maintain the capital of the company for its members. To appreciate the effects of the Companies Act (CA) 2006 on companies, it is important to understand the rules regarding the issuing of shares and granting of debentures to protect the company and the creditors from abuse, and how dividends are to be agreed upon and provided to shareholders.
20. Dismissal at Common Law; Redundancy and the Transfer of Undertakings
Authors: Marson James , Ferris Katy
Published: August 2018

This chapter identifies the remedy for the termination of contracts of employment through the common law claim of wrongful dismissal. It addresses situations of redundancy, and the rights of individuals and obligations on employers when the business is transferred to a new owner. Each of these measures offer protection to employees, and employers should understand the nature of these rights, the qualifications necessary for each mechanism, and the remedies available, to ensure they select the most appropriate mechanism to bring the employment relationship to an end. Before the 1960s, contracts of employment were largely dealt with by the ‘normal’ rules of contract law and were often heard by courts that hear contractual disputes. It is important to be aware of the mechanisms that will enable termination of the employment relationship without transgressing the law in order to maintain good working relations.
2. Justifications
Authors: Besson Samantha
Published: August 2018

This chapter discusses the importance of justifying human rights, particularly in response to critics. It explains the following: why we need to justify human rights; what it means to justify human rights; what the different justifications for human rights may be; and what some of the implications of the justifications of human rights may be for other key issues in human rights theory.
4. Sources
Authors: Chinkin Christine
Published: August 2018

This chapter discusses the sources of international human rights law set out in Article 38(1) of the Statute of the International Court of Justice: treaties, custom, general principles of law, and, as subsidiary means for determining the law, judicial decisions and the teachings of publicists. It then considers the role of ‘soft law’ instruments, such as resolutions of the UN General Assembly and the work of human rights expert bodies.
7. Categories of rights
Authors: van Boven Theo
Published: August 2018

This chapter discusses different human rights categories. A first categorization distinguishes civil and political rights from economic, social, and cultural rights. This distinction is, however, increasingly contested, and should not disguise the mutual relationship between these rights as essential conditions for the life and well-being of the human person. A second distinction is that between the rights of individuals and the rights of collectivities, in particular indigenous peoples. Collective rights offer parameters for the effective enjoyment of individual rights. A third distinction is that between core rights and other rights, raising the issue of whether there is a ranking among human rights as to their fundamental nature. It is argued that basic substantive rights determining the life, survival, dignity, and worth of individuals and peoples may be considered as core rights. The chapter finally discusses the question of whether ‘new human rights’ are emerging. It suggests that this question be approached with caution, and that human rights should be understood in an inclusive and newly focused manner, encompassing hitherto marginalized and excluded groups and human beings.
12. Education and work
Authors: Fons Coomans
Published: August 2018

This chapter discusses two human rights that belong to the category of economic, social, and cultural rights: the right to education and the right to work. It explains how the modern view of the nature of economic, social, and cultural rights can be applied to these rights. The chapter discusses the sources of the rights under international human rights law, their main features, and components; the obligations resulting from each right; and the relationship of each right with other human rights. Both rights are crucial for the ability to live a life in dignity and develop one’s personality.
16. Women’s rights
Authors: Otto Dianne
Published: August 2018

This chapter examines women’s rights. Section 2 describes the treatment of women in international law prior to the adoption of the UN Charter, in order to highlight the significance of the subsequent shift to the promotion of women’s equality. It examines the non-discrimination approach favoured by the drafters of the founding human rights instruments, highlighting the importance of the approach as well as some of its limitations. Section 3 examines the innovative approach taken in the Convention on the Elimination of All Forms of Discrimination Against Women, the drafters of which aimed to address the problems attending the concept of non-discrimination by promoting a strong version of women’s substantive equality. Section 4 considers the strategy of ‘gender mainstreaming’ adopted in the 1990s, which sought to reinterpret mainstream human rights to be inclusive of women’s experiences. Section 5 concludes by highlighting some continuing obstacles presented by the law itself, which prevent women from successfully claiming and enjoying human rights.
20. Regional protection
Authors: Çalı Başak
Published: August 2018

This chapter discusses regional systems of human rights protection. The complementary nature of these systems to the efforts of the UN is discussed. However, there is also competition. This chapter maps the regional human rights treaties and declarations in different parts of the world and compares their scope with the International Bill of Rights, composed of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. The regional human rights institutions are also discussed. The interpretive tools adopted by regional human rights bodies are considered. The chapter concludes with a discussion of the future prospects for interaction between regional and UN human rights institutions, in particular, in light of the recent developments that have been undertaken by the League of Arab States and the Association of Southeast Asian Nations.
24. Within the state
Authors: Byrnes Andrew , Renshaw Catherine
Published: August 2018

This chapter examines the state’s role in promoting and protecting human rights, and is organized as follows. Section 2 deals with substantive protections: the nature, status, and scope of human rights protections under national law. These include the incorporation or other use of international human rights norms in domestic law, constitutional guarantees of rights, human rights legislation, protection under the general law, including the concept of the rule of law, and the common law. Section 3 considers institutional protections of human rights. It briefly outlines the types of institutions that commonly play a role in the implementation, monitoring, and protection of human rights, including the courts, the executive, and the legislature, as well as mechanisms such as ombudsmen and national human rights institutions.
30. Poverty
Authors: Marks Stephen P
Published: August 2018

This chapter, which addresses the challenge posed by poverty to human rights protection, first explains the meaning of ‘poverty’ and explores its relationship to human rights, development, and social justice. It also considers the context of globalization, and then illustrates the ways in which human rights concerns diverge from those of development and poverty reduction. The chapter examines how economists think about poverty and human rights, and analyses the thinking of governors of central banks and ministers of finance. Next, it addresses the convergence between human rights and anti-poverty agendas, beginning with some economic thinking that is congruent with human rights, and then turns to policies aiming to combat poverty using human rights tools.
4. Criteria for protection
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter examines the criteria used to determine whether a work is to be protected by copyright. More specifically, it considers the requirements for copyright protection: the work must be recorded in a material form; must be ‘original’; should be sufficiently connected to the UK to qualify for protection under UK law; and should not be excluded from protection on public policy grounds. The originality requirement applies to literary, dramatic, musical, and artistic works (authorial works), not to entrepreneurial works (sound recordings, films, broadcasts, and typographical arrangements). The common characteristics of originality are also discussed, along with British conception of originality, harmonization of ‘originality’ in Europe, differences between British and European standards on originality, and the issue of whether the UK can-and does-protect non-original works. The chapter concludes by focusing on subject matter excluded from copyright protection.
16. Procedure for grant of a patent
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter explains the processes involved in granting patents as well as the factors that applicants must take into account when deciding whether to patent an invention in the UK. The role of patent agents and the choice of route to take to secure grant of the patent are considered. The chapter then documents the procedures in the application for a patent, paying particular attention to some of the key features of the UK and European Patent Office patent application processes together with the Patent Cooperation Treaty. It also describes situations in which applicants and patentees are able to amend their applications and the restrictions under which such amendments operate. Finally, it looks at a number of proposals to reform the patent procedure.
25. How design protection arises in the united kingdom and the european union
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter considers the way in which design right comes into being, whether by registration in the case of registered designs in the UK and in the European Union, or automatically in the case of unregistered Community designs. It also discusses the conditions that must be satisfied for an unregistered Community design right to arise, as well as the procedures for applying for national registered design protection in the UK and in the European Union.
31. Introduction to passing off and trade marks
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter introduces the common law of passing off and the statutory regime that protects registered trade marks found in the Trade Marks Act 1994. It commences with a brief history of trade marks and the development of their legal protection. This is followed by a discussion on the ways in which legal protection of signs and symbols are justified. It then considers the international and regional background that informs and constrains the law on trade marks in the UK, with particular reference to registration and the harmonization of standards. The chapter concludes by looking at challenges posed to trade marks by electronic commerce and the use of trade marks as domain names, as well as the phenomenon of supermarket lookalikes or own brands.
46. Breach and Defences
Authors: Bently L. , Sherman B. , Gangjee D. , Johnson P.
Published: August 2018

This chapter examines the defences available where a duty of confidence has been breached. It begins by considering the scope of the obligation that must be ascertained to determine whether the duty of confidence has been breached. It then discusses three factors for a breach of confidence to occur: derivation, the defendant’s state of mind, and whether the breach has caused damage. It also tackles secondary liability for breach of confidence before concluding with an examination of the Trade Secrets Directive.
11. Article 8: The right to respect for private and family life, home, and correspondence
Authors: Harris David , O’Boyle Michael , Bates Ed , Buckley Carla , Lafferty Michelle
Published: August 2018

This chapter discusses Article 8 of the European Convention on Human Rights, which is described as the ‘least defined and most unruly of the rights enshrined in the Convention’. Article 8 places on states the obligation to ‘respect’ a wide range of undefined personal interests which embrace a number of overlapping and inter-related areas, including some LGBT rights. None of the four interests covered by Article 8(1)—private life, family life, home, and correspondence—is defined in the Convention and their content is a matter of interpretation.
19. Articles 16–18: Other restrictions upon the rights protected
Authors: Harris David , O’Boyle Michael , Bates Ed , Buckley Carla
Published: August 2018

This chapter discusses Articles 16–18 of the European Convention on Human Rights. Article 16 allows potentially wide-ranging interference with the political rights of aliens. Article 17 aims to prevent totalitarian or extremist groups from justifying their activities by referring to the Convention. Article 18 concerns misuse of powers or breaches of the principle of good faith, and must be applied in conjunction with another Convention’s Article(s).
15. Constructive trusts and fiduciary duty
Authors: Clements Richard , Abass Ademola
Published: August 2018

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. The chapter looks at the nature of fiduciary duty and how someone becomes a fiduciary. The liability of fiduciaries for breach of trust is considered. Bribery and secret profits are explained, the meaning, nature, and approaches to constructive trusts are studied, and the various circumstances in which constructive trust might emerge are discussed. These include remedial and institutional constructive trusts. The liability of third parties (strangers) in constructive trusts as trustees de son tort, dishonest assisters, and those in knowing receipt are considered. The meanings of ‘knowledge’ and ‘dishonesty’ in this area of the law are explained, as is the level of liability of constructive trustees.
14. Procedure for Financial Orders
Authors: Sendall Jane
Published: August 2018

This chapter discusses the procedure for financial orders, which includes the first appointment, financial dispute resolution hearing, and the final hearing. It covers funding options available to clients seeking financial orders, the protection of assets forming part of proceedings for financial orders, the pre-action protocol, and the role of consent orders in proceedings for financial orders.
20. Taxation in Family Law
Authors: Sendall Jane
Published: August 2018

Family law practitioners must be aware of the tax implications of any financial settlement and make it tax efficient for the client. This chapter discusses the types of tax most relevant to family law, including income tax, capital gains tax, inheritance tax, and stamp duty land tax.
21. Welfare Benefits
Authors: Sendall Jane
Published: August 2018

This chapter discusses the main types of welfare benefits that are available to family law clients. These include income support, jobseeker’s allowance, tax credits, employment and support allowance, housing benefit, council tax reduction, and child benefit.
22. Cohabitation
Authors: Sendall Jane
Published: August 2018

Cohabitating relationships are not covered by the same coherent body of law available to married couples or civil partners. Many cohabitants mistakenly believe that they acquire legal rights after a number of years of cohabiting, but this is incorrect. Many clients are shocked to find they have few legal remedies and those available are far from straightforward. This chapter begins with a comparison of marriage, civil partnership, and cohabitation. It then discusses the law on cohabitation contracts and future developments on cohabitation.
29. Children in Local Authority Care
Authors: Sendall Jane
Published: August 2018

This chapter examines the role of local authorities in protecting the child from harm and the orders available under the Children Act 1989, which are used in cases of alleged harm to children. It explains the ‘threshold criteria’-the standard that the court uses to decide whether an order should be made.
34. Protection under the Family Law Act 1996: Occupation Orders
Authors: Sendall Jane
Published: August 2018

The Family Law Act 1996 allows a court to make occupation orders to regulate the occupation of the family home. This chapter discusses the effect of occupation orders, the tests for each order, and which order to choose for the client.
35. Protection under the Family Law Act 1996: Emergency Protection and Enforcement
Authors: Sendall Jane
Published: August 2018

This chapter discusses the circumstances in which an order under the Family Law Act 1996 (FLA 1996) will be made without notice to the other party to proceedings; and the availability and methods of enforcement of orders made under the FLA 1996. A client who requires protection urgently is dealt with by applying for an order without notice. The court can only make an order without notice if there is risk of significant harm to the applicant, or the applicant will be deterred from pursuing the application, or the respondent is avoiding service.
1. Introduction to Land Law
Authors: Bevan Chris
Published: August 2018

This chapter provides an introduction to land law. Land law is the law of real property. It is ‘that part of the general law which governs the allocation of rights and responsibilities in relation to “real” or “ immoveable” property’. Land law is about rights in things; in other words, rights in the land rather than rights which are merely personal to the people who created them. More specifically, land law creates a framework in which a variety of relationships between people and land can operate. Land law is concerned with the nature, creation, and protection of rights in land and, also the content of those rights.
A Short History of International Law
Authors: Neff Stephen C
Published: August 2018

This chapter presents a brief history of international law. It proceeds chronologically, beginning with an overview of the ancient world, followed by a more detailed discussion of the great era of natural law in the European Middle Ages. The classical period (1600–1815) witnessed the emergence of a dualistic view of international law, with the law of nature and the law of nations co-existing (more or less amicably). In the nineteenth century—the least-known part of international law—doctrinaire positivism was the prevailing viewpoint, though not the exclusive one. For the inter-war years, developments both inside and outside the League of Nations are considered. The chapter concludes with some historically oriented comments on international law during the post-1945 period.
3. A View of Delft: Some Thoughts About Thinking about International Law
Authors: Scobbie Iain
Published: August 2018

This chapter first explains the concept of theory and what it does. It then illustrates the formative power of theory by contrasting two very different accounts of international law: the New Haven School, which was elaborated principally by Myres McDougal and Harold Lasswell in Yale Law School; and the pre-perestroika Soviet theory of international law propounded by GI Tunkin. The chapter argues that despite their differences, the New Haven and Soviet schools share a common approach: both are instrumental theories of law, aimed at guiding and informing practice. It also considers hegemonic theory, which views international law through the prism of a variant of United States constitutional theory that is rooted in a conservative, if not libertarian, democratic doctrine.
6. The Practical Working of the Law of Treaties
Authors: Fitzmaurice Malgosia
Published: August 2018

This chapter examines key structural questions and fundamental problems relating to the law of treaties. These structural matters include: the concept of a treaty; the anatomy of treaties (including the making of treaties; authority to conclude treaties; expression of consent to be bound; invalidity of treaties (non-absolute grounds for invalidity of treaties, absolute grounds for invalidity of treaties, amendment, and modification); suspension and termination). The key issues addressed include the scope of legal obligation (the principle pacta sunt servanda, treaties, and third States); interpretation and reservation to treaties (including interpretative declarations); and finally, problems concerning the grounds for termination (supervening impossibility and material breach). The chapter also considers the theory and practice of the law of treaties, with broad analysis of the case law of various international courts and tribunals, with special emphasis on jurisprudence of the International Court of Justice.