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Hector MacQueen, Charles Garland, Afson Barekat, Emma Boffey 'The proposed Common European Sales Law' (2012) Scots Law Times pp 65-70 Abstract An analysis of the European Commission's proposals for reform of European contract law. |
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| Abbe Brown, Phoebe Li 'New conversations: the BILETA and Information Technology Think Tank collaborative consultation response programme' (2012) European Journal of Law and Technology Vol. 3, No. 1 |
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Hector MacQueen, Martin Hogg 'Donation in Scots Law' (2012) Juridical Review 1-24| Abstract This article provides an analysis of the nature of donation in Scots Law, and considers matters such as the formation and constitution of donative acts, the obligations and remedies of the parties, revocation of donative acts, and mixed donations. It also considers the relationship between donation and promise in Scots law. |
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| Rachael Craufurd Smith 'Review of Perry Keller, European and International Media Law: Liberal Democracy, Trade and the New Media (OUP 2011) 495pp, ISBN 978-0198268550' (2011) Journal of Media Law 2: 354-58 |
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| Rachael Craufurd Smith 'Determining Regulatory Competence for Audiovisual Media Services in the European Union' (2011) Journal of Media Law 3: 263-85 |
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Shawn H.E. Harmon, Shang-Yun Yen, Shu-Mei Tang 'Invigorating 'Nanoethics': Recommendations for Improving Deliberations in Taiwan and Beyond' (2011) NanoEthics 5: 309-18| Abstract Nanotechnology is the new(est) star in the high technologies sky. While nanotechnologies remain technologies of promise and potential, a growing number of nano-materials and nano-particle-reliant products are being produced. And although a growing number of academic, policy and industry reports are exploring nanotechnologies, there are very few genuine ethical assessments of nanotechnologies as they exist and might evolve in the coming years. Many questions have yet to be answered about the nature, development, and social and commercial deployment of nanotechnologies and what that means for the human condition and the preservation of our core values. We argue that the early and potentially risky nature of this interdisciplinary science does not justify a blinkered focus on risk assessment and management to the detriment of deep and ranging ethical evaluations. Much improved ethics evaluations must be undertaken, particularly in Taiwan where very little has happened despite grand expectations for, and funding of, the science. In this paper, we uncover the development imperatives for nanotechnologies, demonstrate the paucity of genuine nanoethics exercises, outline key questions for stakeholders undertaking nanoethisc exercises to consider, and we articulate some preliminary actions for Taiwan (and other similarly situated jurisdictions) to take. |
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| Burkhard Schafer, Wardlaw JM, O'Connell G, Shuler K, Dewilde J, Haley J, Escobar O, Murray S, Rae R, Jarvie D, Sandercock P, '“Can It Read My Mind?” – What Do the Public and Experts Think of the Current (Mis)Uses of Neuroimaging?' (2011) Public Library of Science One http://www.plosone.org/article/info%3Ado |
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| Burkhard Schafer, Yianna Danidou 'Trusted computing and the digital crime scene' (2011) Digital Evidence and Electronic Signature Law Review 111-123 |
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| Abbe Brown '"Who Profits from Climate Change"' (2011) NewsXchange July |
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| Burkhard Schafer, Christian Schwarzbauer 'fMRI in disorders of consciousness: Future diagnostic opportunities, methodological and legal challenges' (2011) Cortex 1243-1245 |
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| Graeme Laurie 'Reflexive Governance in Biobanking: On the Value of Policy Led Approaches and the Need to Recognise the Limits of Law' (2011) Human Genetics 130: 347-56 |
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Burkhard Schafer, Yianna Danidou '‘Trust me, I'm a computer’ – Trusted Computing and the law between liability and responsibility' (2011) Information and Communications Technology Law 185-199| Abstract This paper argues that commercial service providers and software vendors enjoy the biggest commercial benefits of the internet and therefore giving them the onus to create a secure internet seems an equitable suggestion, keenly taken on by some governments. Trusted Computing (TC) can be seen as a first response to this insight where software companies take on the responsibility for the internet infrastructure. The question remains whether the focus on cybercrime is potentially misleading, with some of the most serious legal issues for the new technology arising in the field of cyberterrorism and cyberwarfare where ‘too secure’ structures can hinder the efforts of the very same governments that otherwise promote online security. Anomalies and problems like these are expressions of a more fundamental paradigmatic shift of power and responsibility away from governments to the private sector, a shift that needs a much more fundamental adjustment of legal rules and regulations than commonly anticipated. |
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Burkhard Schafer 'All changed, changed utterly? Privacy protection in post-Labour Britain' (2011) Datenschutz und Datensicherheit Vol 35 pp. 634-638| Abstract Two and a half years after a House of Lords report warned of the danger that the UK might sleepwalk into a surveillance society, two years after the European Commission issued a letter of formal notice that the UK had failed to properly implement the E-Privacy and the Data Protection Directive, and one year after the Labour government was replaced by the first coalition government in the UK since 1940, how has the attitude to privacy and data protection law in the UK changed? |
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| Burkhard Schafer, Garret O'Connell, Janet De Wilde, Jane Haley, Kirsten Shuler, Peter Sandercock, Joanna M Wardlaw 'The brain, the science and the media The legal, corporate, social and security implications of neuroimaging and the impact of media coverage' (2011) EMBO Reports 630-636 |
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| Burkhard Schafer, Omair Uthmani, William Buchanan, Alistair Lawson, Russell Scott, Lu Fan, Sohaib Uthmani 'Crime risk evaluation within information sharing between the police and community partners' (2011) Information and Communications Technology Law pp 57-81 |
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| Gerard Porter 'Review - Global Pharmaceutical Policy: Ensuring Medicines For Tomorrow’s World' (2011) SCRIPT-ed 8 (1), pp. 116-119. |
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Hector MacQueen 'Faulty goods, rejection and connected lender liability' (2011) Edinburgh Law Review Vol 15, pp 111-115| Abstract Analysis of Douglas v Glenvarigill Co Ltd 2010 CSOH 14 and Durkin v DSG Retail Ltd [2010] CSIH 49. |
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Shawn H.E. Harmon 'Ambition and Ambivalence: Encouraging a Science Culture in Argentina Through Engagement and Regulatory Reform' (2011) Studies in Ethics, Law and Technology 1-26/5| Abstract See http://www.bepress.com/selt/vol5/iss1/art1/. |
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| Graeme Laurie 'Managing Access to Biobanks: How Can We Reconcile Privacy and Public Interests?' (2010) Medical Law International 10: 315-38 |
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| Shawn H.E. Harmon, Na-Kyoung Kim 'Acceptance, Modification and Rejection of Paternalism in Korean Medical Law' (2010) Development & Reproduction 14(2) pp.143-154 |
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Rachael Craufurd Smith 'Reflections on the Icelandic Modern Media Initiative: A Template for Modern Media Law Reform?' (2010) Journal of Media Law 2: 199-211| Abstract This article examines the origins of the Icelandic Modern Media Initiative, why the initiative is considered 'modern' and its potential influence on media law reform in other countries. |
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| Burkhard Schafer, Bill Buchanan, Lu Fan, Alistair Lawson, Russel Scott, Cristopher Tuemmler, Omair Uthmani 'Interagency data exchange protocols as computational data protection law' (2010) Legal Knowledge and Information Systems 243-147 (Vol 223) |
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| Abbe Brown 'Book Review, of Macrory "Regulation, Enforcement and Governance in Environmental Law"' (2010) Climate Law 1 339-342 |
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| Shawn H.E. Harmon, Chunshui Wang and Jing Bai 'Organ Transplantation in China and Beyond: Addressing the ‘Access Gap’' (2010) Medical Law International 191-216/10(3) |
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| Andres Guadamuz 'The rise and rise of the software licence' (2010) Journal of Intellectual Property Law & Practice Volume 5 Issue 12 |
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| Shawn H.E. Harmon 'Body Blow: Mature Minors and the Supreme Court of Canada’s Decision in AC v. Manitoba (Director of Child & Family Services)' (2010) McGill Journal of Law and Health 83-96/4 |
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| Shawn H.E. Harmon, Graeme Laurie 'Yearworth v. North Bristol NHS Trust: Property, Principles, Precedents and Paradigms' (2010) Cambridge Law Journal 69: 476-93 |
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| Shawn H.E. Harmon 'Yearworth v. North Bristol NHS Trust: A Property Case of Uncertain Significance' (2010) Medicine, Health Care & Philosophy 343-350 |
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| J. Kenyon Mason, Graeme Laurie 'Assistance in Dying or Euthanasia? Comments on the End of Life Assistance (Scotland) Bill' (2010) Edinburgh Law Review 14: 493-97 |
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| Burkhard Schafer 'ZombAIs: Legal Expert Systems as Representatives “Beyond the Grave' (2010) SCRIPTed 384-393 |
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| Shawn H.E. Harmon 'Consent and Conflict in Medico-Legal Decision-Making at the End of Life: A Critical Issue in the Canadian Context' (2010) University of New Brunswick Law Journal 208-229 / 60 |
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Abbe Brown, Andres Guadamuz, Jordan Hatcher 'The Impact of Free Trade Agreements on Information Technology Based Business' (2010) Geopolitics, History, and International Relations Volume 2(1), pp. 62–123| Abstract This paper considers the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA)1 and its impact on Information Technology (IT) based businesses. We summarize the factual background to, and contents of, the agreement, and then review those parts of the agreement (or omissions from the agreement) that are relevant to the IT field. IT is of interest both because of its potential importance as a contributor to business (and social) growth, but also because of the lesser international roles accorded to it in comparison with its sister, intellectual property (IP). The IT-related provisions of DR-CAFTA reflect international IT (and IP) controversies. But DR-CAFTA also raises questions of the place of agreements between states, their legal validity and their impact upon international relationships and global development. The primary objective of this paper was to explore the extent to which DR-CAFTA impacts upon IT based businesses; the implications of this; to assess how much these issues, and associated economic and legal questions, had been addressed; and to lay the foundations for further legal and interdisciplinary work. We have sought to introduce all the issues covered in DR-CAFTA, and arising in respect of other agreements of this nature the issues, provide preliminary comment, and provide a list of resources for further study. There are important issues to be developed regarding all free trade agreements and IT. We propose investigating the present and future impact of UDRP provisions in DRCAFTA countries, and liability of Internet Service Providers (ISPs). These can raise important questions combining IT, e-commerce, IP, trade, human rights and competition issues; both for DR-CAFTA countries and those contemplating their own agreements. There is a need for international and interdisciplinary collaboration for this work to be done, including through empirical research with ISPs and domain name owners. We propose holding an international meeting of experts. |
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| Andres Guadamuz 'Law and Society Approaches to Cyberspace by Paul Schiff Berman' (2010) SCRIPTed Vol. 7:2, pp.412-413 |
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Shawn H.E. Harmon 'Regulation of Stem Cell and Regenerative Science: Stakeholder Opinions, Plurality and Actor Space in the Argentine Social/Science Setting' (2010) Law, Innovation and Technology 2(1) pp. 95-114| Abstract This paper articulates in broad terms a model bioscience environment and its primary constituent parts, which include bioscience policy and regulation, technology deployment and stakeholder engagement, and science innovation systems. Then, having reference to empirical data generated by the GET: Social Values Project, it offers an explanation of how the Argentine environment departs from that ideal model. Finally, focusing on one constituent part of the environment – the policy and regulatory space – it reports on Argentine stakeholder opinions and desires and what these mean for the potential to adopt facilitative regulation in Argentina. It concludes that the Argentine scientific environment is sub-optimal and poorly equipped to deal effectively and positively with the plurality of ideas that people have for both the trajectory of science and its regulation. It ends with a call for further research which broadens the evidence base and thereby facilitates the improvement of the social/science environment and its constituent parts. |
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| Burkhard Schafer 'The UK Cleanfeed System - Lessons for the German Debate?' (2010) Datenschutz und Datensicherheit Vol 8 p. 535-538 |
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Hector MacQueen 'The Common Frame of Reference in Europe' (2010) Tulane European and Civil Law Forum vol 25, pp 177-195 | Abstract Discusses the origins of the Draft Common Frame of Reference and assesses the need for further work in particular areas, taking as an example the subject of "restitutionary damages" for non-performance of a contract. Also assesses the possible relevance of the DCFR in work on African legal unity. |
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Martin Hogg, Hector MacQueen 'Melville Monument Liability: Some Doubtful Dicta' (2010) Edinburgh Law Review 451-455| Abstract This analysis piece examines the recent decision of the Inner House of the Court of Session in Khaliq v Londis [2010] CSIH 13 on the subject of liability for wasted pre-contractual expenditure. |
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| Andres Guadamuz 'Review of Governance of Digital Game Environments and Cultural Diversity: Transdisciplinary Enquiries' (2010) Journal of Media Law 2: 144-46 |
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Abbe Brown, Castle, D et al 'Knowledge Management and the Contextualisation of Intellectual Property Rights in Innovation Systems' (2010) SCRIPT-ed Vol 7, Issue 1, 32-50| Abstract http://www.law.ed.ac.uk/ahrc/script-ed/vol7-1/castle.asp |
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Burkhard Schafer, Tamsin Maxwell 'Natural language processing and query expansion in legal information retrieval: Challenges and a response' (2010) International Review of Law, Computers and Technology Pages 63 – 72| Abstract As methods in legal information retrieval (IR) evolve to meet the demands of rapidly increasing stores of electronic information, there is the intuitive appeal of capturing detail in legal queries with natural language processing (NLP). One difficulty with this approach is that incorporation of word dependencies in IR has not been shown to consistently and reliably improve results over a unigram bag-of-words approach. We consider challenges faced when incorporating NLP in IR and briefly review three proposals in this vein, highlighting how these might have responded better to requirements in legal search. We then present our novel response based on split query expansion that accounts for the way lawyers seek to apply search results whilst meeting the challenges identified in a unique and flexible manner. |
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| Abbe Brown '"What are you thinking?" New Edinburgh Study' (2010) LES NewsXchange Issue 131 |
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| Abbe Brown 'Access to essential technologies: The role of the interface between intellectual property, competition and human rights' (2010) International Review of Law, Computers and Technology Volume 24 Issue 1, 51 |
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Hector MacQueen 'Abandoned, orphaned or property for ever? Copyright, prescription and personal bar' (2010) Edinburgh Law Review 97-102| Abstract Considers the House of Lords decision in Fisher v Brooker [2009] UKHL 41 from a Scots law point of view. |
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| Burkhard Schafer, Wiebke Abel 'La decisione della Corte Costituzionale tedesca sul diritto alla riservatezza ed integrità dei sistemi tecnologici d’informazione – un rapporto sul caso BVerfGE' (2009) Jus e Internet |
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| Hector MacQueen 'The Google Book Settlement' (2009) IIC 40(3) pp.247-249 |
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| Graeme Laurie, Kathryn G Hunter 'Mapping, Assessing and Improving Legal Preparedness for Pandemic Flu in the United Kingdom' (2009) Medical Law International 10: 101-38 |
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| Graeme Laurie 'The Stem Cell research Environment: A Patchwork of Patchworks' (2009) Stem Cell Reviews and Reports 5: 82-92 |
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Abbe Brown 'Book Review of "Governing Global Governance Networks. International Perspectives on Policy and Power"' (2009) SCRIPT-ed 6(3) pp.757-761| Abstract http://www.law.ed.ac.uk/ahrc/script-ed/vol6-3/ab_review.asp |
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| Shawn H.E. Harmon 'New Technologies and Moral Duties: Valuing the Person as a Means to an End' (2009) Science as Culture 18(4) 505-510 |
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Burkhard Schafer 'Schlafwandelnd in den Überwachungsstaat?' (2009) Datenschutz und Datensicherheit Vol. 8 pp 483-489| Abstract An analysis of the Hose of Lord's Report "Surveillance, citizen and the State". |
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| Shawn H.E. Harmon 'Of Plants and People: Why Do We Care About Dignity?' (2009) EMBO Reports 1-3 / 10(9) |
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| Andres Guadamuz 'Google and Book Publishers Settle: Legal and Technical Implications' (2009) WIPO Magazine Issue 4 |
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Shawn H.E. Harmon, Ann Bruce 'Discursive Typologies and Moral Values in Stem Cell Politics, Regulation and Commercialisation: Some Preliminary Observations' (2009) Journal of International Biotechnology Law 61-66/6(2)| Abstract Great importance is attached to, and great controversy surrounds, biotechnology generally and stem cell research more specifically, particularly human embryonic stem cell research. Given its position at the vanguard of innovations in theoretical and applied human healthcare science, and as a source of political conflict and achievement, it is useful to examine attitudes toward, and actions around, embryonic stem cell research. This article conceives of three discursive typologies and explores their deployment in three different settings or sites in the life or progress of embryonic stem cell research, namely, the political (determining legal boundaries), the hybrid (identifying and enforcing boundaries for laboratory research), and the administrative (enforcing boundaries in the commercial context), the intention being to determine whether these typologies are consistent and what moral values their use supports. This article concludes that the typologies are deployed to varying degrees in the different sites, and with varying degrees of success. Although this might be expected, and not altogether unwarranted, given the different roles and objectives of the primary institutions at each site, the current prevalence of the typologies suggests that these institutions might not be operating optimally from the democracy enhancement and transparency points of view. |
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| Rachael Craufurd Smith 'Media Ownership and the Public Interest: The Case of Virgin Media, British Sky Broadcasting and its ITV Shares' (2009) The Journal of Media Law 1: 21-37 |
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| Burkhard Schafer, Wiebke Abel 'The German Constitutional Court on the Right in Confidentiality and Integrity of Information Technology Systems' (2009) SCRIPT-ed pp.106-123 Vol 6 |
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| Abbe Brown 'So What are Sports’ Legal Rights and Wrongs? Report of the AHRC SCRIPT Murrayfield Discussions' (2009) SCRIPT-ed pp155-159 6(1) |
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| Andres Guadamuz 'The license/contract dichotomy in open licenses: a comparative analysis' (2009) University of La Verne Law Review 30:2, pp.101-116 |
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Burkhard Schafer, Wiebke Abel 'Il trojan "di stato" tedesco - sfide tra la legge e la tecnologia' (2009) Teutas - Diritto e Tecnologia Vol 2 pp. 30-44| Abstract An analysis of the German "federal Trojan" and the technological and legal issues that it raises. |
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| Shawn H.E. Harmon 'Semantic, Pedantic or Paradigm Shift? Recruitment, Retention and Property in Modern Population Biobanking' (2009) European Journal of Health Law vol. 16(1), pp. 27-33 |
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| Judith Rauhofer '”Privacy is dead, get over it!” Information privacy and the dream of a risk-free society' (2008) Information and Communications Technology Law Vol. 17 Issue 3, pp. 185-197 |
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| Judith Rauhofer, Marie-Theres Tinnefeld 'Whistleblower: Verantwortliche Mitarbeiter oder Denunzianten? Fragen im Feld von Ethikrichtlinien, des Datenschutzes und der Mitbestimmung’' (2008) Datenschutz und Datensicherheit Vol. 32, No. 11, pp. 717-723 |
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| Shawn H.E. Harmon, Na-Kyoung Kim 'Medical Research Governance in Korea: The New Bioethics and Biosafety Amendment Bill or ‘Inertia Reiterated' (2008) SCRIPTed 5(3) pp.575-582 |
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| Shawn H.E. Harmon 'International Public Health Law: Not so much WHO as why, and not enough WHO and why not?' (2008) Medicine, Health Care & Philosophy |
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| Burkhard Schafer, Wiebke Abel 'Big browser manning the thin blue line: Computational legal theory meets law enforcement' (2008) Problema pp.51-84 |
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| Graeme Laurie 'Guest Editorial: The European Association of Health Law: Addressing Unmet Needs in Policy, Practice and Research' (2008) European Journal of Health Law 3: 251-59 |
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| Graeme Laurie 'Guest Editorial: Fore-warned is Fore-armed: Is Intellectual Property a Suitable Case for Foresight?' (2008) International Review of Intellectual Property and Competition Law 39: 507-10 |
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| Graeme Laurie 'Guest Editorial: Evidence of support for biobanking practices' (2008) British Medical Journal 337: 186-87 |
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| Rachael Craufurd Smith 'State Aid for the Audiovisual Sector Under European Community Law' (2008) Cambridge Yearbook of European Law |
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| Andres Guadamuz 'Computer Law Still Delivers' (2008) Journal of Intellectual Property Law & Practice 3(4):269-270 |
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| Rachael Craufurd Smith 'Balancing Culture and Competition: State Support For Film and Television In European Community Law' (2008) Cambridge Yearbook of European Legal Studies 10: 35-66 |
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| Andres Guadamuz 'Software Patentability: Emerging Legal Issues' (2008) WIPO Magazine Number 6, pp.15-17 |
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| Shawn H.E. Harmon 'Ethical Rhetoric: Genomics and the Moral Content of UNESCO’s ‘Universal’ Declarations' (2008) Journal of Medical Ethics vol. 34(11), pp. e24 |
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| Shawn H.E. Harmon, Na-kyoung Kim 'A Tale of Two Standards: Drift and Inertia in Modern Korean Medical Law' (2008) SCRIPTed vol. 5(2), pp. 267-293 |
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| Andres Guadamuz 'Review of 'Open Content Licensing: Cultivating the Creative Commons', Brian Fitzgerald, Jessica Coates and Suzanne Lewis' (2008) Media & Arts Law Review 13:3 |
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| Andres Guadamuz 'Scale-Free Law: Network Science and Copyright' (2008) Albany Law Review Vol. 70, p.1297 |
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| Judith Rauhofer 'Blowing the whistle on Sarbanes-Oxley: Anonymous hotlines and the historical stigma of denunciation in modern Germany' (2007) International Review of Law, Computers and Technology Vol. 21, No. 3, pp. 363-376 |
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| Judith Rauhofer ''Defence against the Dark Arts: How the British Response to the Terrorist Threat Is Parodied in J K Rowling’s “Harry Potter and the Half Blood Prince' (2007) International Journal of Liability and Scientific Enquiry Vol. 1, Nos. 1/2, pp. 94-113 |
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| Rachael Craufurd Smith '‘Media Convergence and the Regulation of Audiovisual Content: Is the European Community’s Audiovisual Media Services Directive Fit for Purpose?' (2007) Current Legal Problems 238-277 |
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Burkhard Schafer 'Can you have too much of a good thing? A comment on Bart Verheij's legal argumentation support software' (2007) Law, Probability and Risk Vol 6 pp. 209-225| Abstract The paper analyses an approach to computer assisted reasoning with evidence that was developed by Bart Verheij, and used by him in an educational setting. Drawing from work on multi-modal teaching of reasoning, an explanation for some of the observed problems is developed |
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| Andres Guadamuz 'Review of Unravelling the Myth around Open Source Licences, by Lucie Guibault and Ot van Daalen' (2007) SCRIPT-ed 4:4, 490-492 |
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| Andres Guadamuz 'Back to the Future: Regulation of Virtual Worlds' (2007) SCRIPT-ed 4:3 pp.242-245 |
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| Andres Guadamuz 'Patented Past, Genetically Modified Future? Biotechnology and Developing Countries' (2007) Web Journal of Current Legal Issues Vol 4 |
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Burkhard Schafer, Jeroen Keppens 'Legal LEGO: Model Based Computer Assisted Teaching in Evidence Courses' (2007) Journal of Information, Law and Technology Vol 1| Abstract This paper describes the development of a new approach to the use of ICT for the teaching of courses in the interpretation and evaluation of evidence. It is based on ideas developed for the teaching of science to school children, in particular the importance of models and qualitative reasoning skills. In the first part, we make an analysis of the basis of current research into “evidence scholarship” and the demands such a system would have to meet. In the second part, we introduce the details of such a system that we developed initially to assist police in the interpretation of evidence. |
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Burkhard Schafer, Zenon Bankowski 'Double-click Justice: Legalism in the Computer Age' (2007) Legisprudence Vol 1 pp. 31-49| Abstract Legalism seen as blind rule following (often embodied inthe metaphor of the "computer judge") is often confused with legality, an altogether more reflexive and rational concept. But legality to work properly needs to be related to and articulated withthe narrower concept of legalism. Only in their complex interaction can we begin to see legality as a mode of organisation appropriateto a free and democratic society. This is discussed here in the context of the computational implementation of legal concepts, an emergingissue in the regulation of cyberspace and other technology enhanced forms of human interaction |
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Rachael Craufurd Smith 'From Heritage Conservation to European Identity: Article 151 EC and the Multi-faceted Nature of Community Cultural Policy' (2007) European Law Review 1: 48-69| Abstract This article considers Community action in the cultural field and the growing emphasis on cultural policy as a tool to promote European citizenship and European integration. |
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| Rachael Craufurd Smith 'The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions: Building a New World Information and Communication Order?' (2007) International Journal of Communication 24-55 |
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| Judith Rauhofer ''Just because you're paranoid, doesn’t mean they're not after you: legislative developments in relation to the mandatory retention of communications data in the UK and the European Union' (2006) SCRIPT-ed Vol. 3 Issue 4, pp. 322-343 |
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| Judith Rauhofer ''Die Vorratsdatenspeicherung als Instrument sozialer Kontrolle - Eine deutsch/britische Perspektive' (2006) Datenschutz Nachrichten Vol. 2, pp. 56-59 |
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| Shawn H.E. Harmon 'From Engagement to Re-Engagement: The Expression of Moral Values in Patenting Proceedings, Present and Future' (2006) European Law Review vol. 31(5), pp. 642-666 |
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| Shawn H.E. Harmon 'The Recommendation on Research on Biological Materials of Human Origin: Another Brick in the Wall' (2006) European Journal of Health Law vol. 13(3), pp. 293-310 |
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| Shawn H.E. Harmon 'A Penny For Your Thoughts, A Pound For Your Flesh: Implications of Recognizing Property in Human Body Parts' (2006) Medical Law International vol. 7(4), pp. 329-354 |
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| Charlotte Waelde 'Databases and Lawful Users: the chink in the armour' (2006) Intellectual Property Quarterly Issue 3, pp256-282 |
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Burkhard Schafer, Qiang Shen, Jeroen Keppens, Colin Aitken, Mark Lee 'A scenario-driven decision support system for serious crime investigation' (2006) Law, Probability and Risk Vol 5 pp 87-117| Abstract Consideration of a wide range of plausible crime scenarios during any crime investigation is important to seek convincing evidence and hence to minimize the likelihood of miscarriages of justice. It is equally important for crime investigators to be able to employ effective and efficient evidence-collection strategies that are likely to produce the most conclusive information under limited available resources. An intelligent decision support system that can assist human investigators by automatically constructing plausible scenarios, and reasoning with the likely best investigating actions will clearly be very helpful in addressing these challenging problems. This paper presents a system for creating scenario spaces from given evidence, based on an integrated application of techniques for compositional modelling and Bayesian network-based evidence evaluation. Methods of analysis are also provided by the use of entropy to exploit the synthesized scenario spaces in order to prioritize investigating actions and hypotheses. These theoretical developments are illustrated by realistic examples of serious crime investigation. |
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Hector MacQueen, Charlotte Waelde 'UK Copyright Law in the Digital Environment' (2006) Electronic Journal of Comparative Law Vol. 10.3 Abstract This paper reports on the position in the United Kingdom with regard to copyright in the digital environment. UK law recognises temporary reproduction and public communication as exclusive rights of the copyright owner. Copyright exceptions and limitations have received only limited (although by no means insignificant) adjustment as a result of the Copyright Directive 2001. It is not completely clear whether exceptions and limitations can be contractually excluded: the general position is probably that they can be, but there is a growing list of circumstances in which it is not possible. Technical protection and digital rights management systems are given protection.
http://www.ejcl.org/103/art103-10.pdf |
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Burkhard Schafer, Doug Walton 'Arthur, George and the Mystery of the Missing Motive: Towards a Theory of Evidentiary Reasoning about Motives' (2006) International Commentary on Evidence Vol 4 (2)| Abstract Reasoning about motives is a prominent part of the investigative process in Julian Barnes’ Arthur and George and in Conan Doyle’s novels themselves. In Arthur & George, it is the lack of motive that originally convinces Arthur of George’s innocence, a conclusion that a subsequent evaluation of George’s character supports. In many of the Sherlock Holmes novels, it is the discovery of a hidden motive that puts Holmes on the right track. On closer inspection though, the evidentiary value and logical structure of arguments from motive turn out to be problematic. In this paper, we use concepts from argumentation theory and computational models of agent behavior from artificial intelligence research to analyze the structure of motive-based reasoning in fictional and factual crime investigations and trials. This analysis is used to develop a theory that (a) accounts for the rationality of motive- based reasoning, (b) helps to distinguish plausible and implausible arguments from motive, and (c) to distinguish arguments based on motive from arguments based on intention and character, as well as from other, legally more problematic forms of evidentiary reasoning. |
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| Rachael Craufurd Smith 'Bridging the Linear/Non-Linear Divide: the European Commission’s Proposal for an Audiovisual Media Services Directive' (2006) European Current Law xi-xv (Focus Article) |
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| Rachael Craufurd Smith 'Review of ‘Political Symbolism and European Integration’ by Tobias Theiler' (2006) Common Market Law Review 1757-1758 |
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| Andres Guadamuz 'Review of Perspectives on Free and Open Source Software, by Joseph Feller et al (eds)' (2006) SCRIPT-ed 3:4, pp. 485-486 |
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Burkhard Schafer 'Democratic Revival or E-Sell Out? A Sceptic's Report on the State of E-Governance in the UK' (2006) Electronic Journal of Comparative Law vol 10.3 Abstract A revised version of the UK report on E-governance for the XVIIth International Congress of Comparative Law. It argues that e-government initiatives have at least the potential to weaken rather then strengthen democratic structures, and highlights the consequences this dual potential has for a functionalist comparative legal analysis of e-governance.
http://www.ejcl.org/103/art103-12.pdf |
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Hector MacQueen 'Reform of archival legislation: a Scots perspective' (2006) Scottish Archives (2005) vol 11 pp 1-12| Abstract Updated account of progress in Scotland towards comprehensive archival legislation, taking account of digitisation, FoI and other current issues. |
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| Gerard Porter 'Review - Trading the Genome: Investigating the Commodification of Bio-information' (2006) Social & Legal Studies 15 (3), pp. 465-468. |
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Hector MacQueen 'Searching for privacy in a mixed jurisdiction' (2006) Tulane European and Civil Law Forum vol 21 pp 73-97| Abstract Considers the choices to be made by Scots law if it is to give adequate protection to privacy as required by Article 8 of the European Convention on Human Rights. Should it adapt the law of confidential information (borrowed from English law) or the civilian actio iniuriarum? Recent case law is reviewed and some unanswered questions considered. |
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| Gerard Porter, Chris Denning, Aurora Plomer, John Sinden & Paul Torremans 'The Patentability of Human Embryonic Stem Cells in Europe' (2006) Nature Biotechnology 24 (6), pp. 653-655. |
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| Abbe Brown 'Human rights: in the real world' (2006) Journal of Intellectual Property Law & Practice Vol.1, Issue 9, 603-613 |
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Burkhard Schafer 'The taming of the Sleuth—problems and potential of autonomous agents in crime investigation and prosecution' (2006) International Review of Law, Computers and Technology Vol 20 pp. 63-76| Abstract The paper analyses legal issues arising from the use of autonomous agents in crime investigations, in particular the question of evidentiary constraints on undercover operations and their applicability to computer programs. The paper is divided into three parts. First, we give a short introduction to agent technology. In the second part, some existing projects of agent technology for crime investigations are discussed, and one particular legal problem, the law on entrapment, is exemplarily introduced. In the final part, we very briefly indicate how agent communication languages would have to be extended to address some of these concerns.
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| Andres Guadamuz 'GNU General Public License v3: A Legal Analysis' (2006) SCRIPT-ed Vol 3 Issue 2, pp.130-139 |
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| Andres Guadamuz 'Review of Protecting the Virtual Commons: Self-organising Open Source and Free Software Communities and Innovative Intellectual Property Regimes, Ruben van Wendel de Joode et al.' (2006) International Journal of Law and Information Technology 14(2) pp.250-252 |
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| Andres Guadamuz 'Open Science: Open source licenses in scientific research' (2006) North Carolina Journal of Law & Technology Vol. 7 No. 2, pp.321-366 |
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Burkhard Schafer, Kingston, John; Vandenberghe, Wim 'Towards a Financial Fraud Ontology: A Legal Modelling Approach' (2006) Artificial Intelligence and Law Vol 12 pp. 419-446| Abstract Analyses the development of an ontology to model cross border financial fraud in the EU, and analyses the contribution of legal theory, comparative law and law and economics for such a project |
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| Andres Guadamuz 'The Software Patent Debate' (2006) Journal of Intellectual Property Law & Practice 1:3 pp.196-206 |
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Burkhard Schafer, Keppens, Jeroen 'Knowledge Based Crime Scenario Modelling' (2006) Expert Systems with Applications Vol. 30/2 pp. 203-222| Abstract A crucial concern in the evaluation of evidence related to a major crime is the formulation of sufficient alternative plausible scenarios that can explain the available evidence. However, software aimed at assisting human crime investigators by automatically constructing crime
scenarios from evidence is difficult to develop because of the almost infinite variation of plausible crime scenarios. This paper introduces a
novel knowledge driven methodology for crime scenario construction and it presents a decision support system based on it. The approach
works by storing the component events of the scenarios instead of entire scenarios and by providing an algorithm that can instantiate and
compose these component events into useful scenarios. The scenario composition approach is highly adaptable to unanticipated cases
because it allows component events to match the case under investigation in many different ways. Given a description of the available
evidence, it generates a network of plausible scenarios that can then be analysed to devise effective evidence collection strategies. The
applicability of the ideas presented here are demonstrated by means of a realistic example and prototype decision support software |
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| Shawn H.E. Harmon 'The Significance of UNESCO’s Universal Declaration on the Human Genome and Human Rights' (2005) SCRIPTed vol. 2:1, pp. 18-47 |
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| Rachael Craufurd Smith 'Review of ‘The European Union and the Regulation of Media Markets’ by Alison Harcourt' (2005) European Law Review 905-910 |
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| Rachael Craufurd Smith 'Public Service Broadcasting in the European Union: No Longer Simply a Matter of Domestic Concern' (2005) Hong Kong Media Digest http://www.rthk.org.hk/mediadigest/20050 |
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Hector MacQueen 'Unjustified enrichment in mixed legal systems' (2005) Restitution Law Review vol 13 pp 21-33| Abstract Compares unjustified enrichment laws of Israel, Louisiana, Quebec, South Africa and Scotland; also considers enrichment chapter by Study Group on a European Civil Code |
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| Abbe Brown 'Socially responsible intellectual property: a solution?' (2005) SCRIPT-ed Vol.2, Issue 4, 519-550 |
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| Abbe Brown, Charlotte Waelde 'Intellectual Property, Competition and Human Rights: the past, the present and the future' (2005) SCRIPT-ed Vol. 2, Issue 4, 450-454 |
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| Charlotte Waelde, Mags McGinley 'Public Domain, Public Interest, Public Funding: Focussing on the 'Three Ps' in Scientific Research' (2005) SCRIPT-ed Vol. 2, Issue 1, 83-106 |
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| Andres Guadamuz 'The drugs don’t work: Access to medicines in the developing world' (2005) Revista Electrónica de Derecho Informático No. 088, Noviembre del 2005 |
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Hector MacQueen 'Legal nationalism: Lord Cooper, legal history and comparative law' (2005) Edinburgh Law Review vol 9(3), 395-406| Abstract Considers the linkages between Lord Cooper's analysis of Scottish legal history and his view of the importance of comparative law for modern Scots law development. |
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Hector MacQueen 'Reform of Archival Legislation: a Scots Perspective' (2005) Journal of the Society of Archivists vol 26(2) 201-214| Abstract A discussion of the principles underlying regulation of national archives, comparing the position in Scotland and Ireland, and surveying the approach to reform in the former. |
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Burkhard Schafer, Wiegand, Olav 'Tiesu demokratija: cela uz tiesas procesa fenomenologisko teoriju' (2005) Kentaurs Vol 37 pp 163-180| Abstract analyses attempts by the Baltic states to transplant the common law jury systems to their civilian substantive law from a phenomenological perspective |
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Burkhard Schafer 'Ontological commitment and the concept of "legal system" in comparative law and legal theory' (2005) ARSP Beihefte Vol 102 pp. 141-151| Abstract The paper attempts a case study to show how jurisprudence can profit from ideas taken from the general theory of science to develop the conceptual vocabulary to engage in meaningful discussions with comparative law. It analyses the concept of "legal system" as used in comparative law and legal theory against the framework of Sneed and Stegmuellers non-statement voew of scientific theories. |
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Burkhard Schafer 'Intellectual Property Rights Issues of Digital Publishing - Presence and Perspectives' (2005) SCRIPT-ed Vol 2 pp. 59-71| Abstract The paper analyses copyright issues resulting from free-to-air and open source academic publishing from a jurisprudential and conceptual perspective |
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| Andres Guadamuz 'Legal Challenges to Open Source Licences' (2005) SCRIPT-ed 2(2) pp.163-170 |
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Hector MacQueen 'Reform of archival legislation: a Scots perspective' (2005) Irish Archives: Journal of the Irish Society for Archives vol 10, pp 4-13| Abstract An overview of progress towards Scottish archival legislation to autumn 2004. |
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Hector MacQueen ''My tongue is my ain': Copyright, the Spoken Word and Privacy' (2005) Modern Law Review vol 68(3), 349-377| Abstract This article shows how under the present legislation in the UK copyright may exist in speech, in particular in interviews and conversations, provided that the words are recorded and constitute an original work. The argument is illustrated and supported by reference to reported cases from throughout the common law world, as well as to news stories and interviews with individuals ranging from Lord Denning to Michael jackson. Issues arising from the collection of oral history are also discussed. It is further argued that, in addition to the internal analysis of copyright itself, such protection for the spoken word can be justified by the privacy and personality interests of speakers in the use of what they say. |
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| Andres Guadamuz 'The Digital Divide: It's the Content, Stupid' (2005) Computer and Telecommunications Law Review Issue 3, pp.73-77 |
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| J. Kenyon Mason, Graeme Laurie 'Personal Autonomy and the Right to Treatment: A Note on R on the Application of Burke v General Medical Council' (2005) Edinburgh Law Review 9: 123-32 |
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Burkhard Schafer, Keppens, Jeroen 'And then there was none: Indirect proof and hypothetical reasoning in law' (2005) ARSP Beihefte Vol 97 pp. 177-187| Abstract the paper analyses the argumentation theoretical, epistemological and evidentiary aspects of Agatha Christie's novel "And then there was none" to identify user requirements for an expert system to teach evidence evaluation. One such system based on ATMS technology is proposed and a worked out example analysed |
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| Gerard Porter 'The Regulation of Human Genetic Databases in Japan' (2004) SCRIPT-ed Volume 1, Issue 3, pp. 491-532. |
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| Abbe Brown 'Illuminating European Trade Marks?' (2004) SCRIPT-ed Vol. 1, Issue 1, 37-47 |
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| Andres Guadamuz 'Review of Information Feudalism: Who owns the Knowledge Economy? P.Drahos and J.Braithwaite' (2004) International Journal of Law and Information Technology Vol.12, No.2, pp.238-240 |
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| Rachael Craufurd Smith 'Note dall'Europa - L'Unione Europea e la Liberta di Informazione: Il Caso dei Media in Italia' (2004) Quaderni Costituzionali Vol. 24, no. 3: 632-635 |
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| Rachael Craufurd Smith 'Rethinking European Union Competence in the Field of Media Ownership: The Internal Market, Fundamental Rights and European Citizenship' (2004) European Law Review 29: 652-73 |
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| Andres Guadamuz 'Attack of the Killer Acronyms: The Future of IT Law' (2004) International Review of Law, Computers and Technology 18(3), pp.411-424. |
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Hector MacQueen 'Protecting privacy: Campbell v MGN Newspapers' (2004) Edinburgh Law Review vol 8(3) pp 420-423| Abstract Considers implications for privacy law of Campbell v MGN Newspapers [2004] UKHL 53. |
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Hector MacQueen 'Contract, delict and the Bill of Rights' (2004) South African Law Journal vol 121, pp. 359-394| Abstract A critical comparison of the application of human rights in private law in South Africa and the UK |
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Hector MacQueen, Charlotte Waelde 'From entertainment to education: the scope of copyright' (2004) Intellectual Property Quarterly Issue 3, pp. 259-283| Abstract Considers scope of copyright in the light of the digital revolution and raises issues about the present and future shape of the law. Argues that modern reform so far driven by needs of entertainment industries, but questions whether these reforms are equally appropriate in the educational context. |
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| Andres Guadamuz 'Viral contracts or unenforceable documents? Contractual validity of copyleft licenses' (2004) European Intellectual Property Review Vol. 26(8) pp.331-339 |
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Hector MacQueen 'Protecting privacy' (2004) Edinburgh Law Review vol 8, pp 249-254| Abstract Analysis of Wainwright v Home Office |
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Burkhard Schafer, Wiegand, Olav 'Incompetent, prejudiced and lawless?' (2004) Law, Probability and Risk pp. 93-108| Abstract analyses the epistemology of fact finding by juries from the perspective of Gestaltpsychology |
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| Andres Guadamuz 'PayPal: the legal status of C2C payment systems' (2004) Computer Law & Security Report 20(4) pp.294-300 |
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| Graeme Laurie 'Patenting Stem Cells of Human Origin' (2004) European Intellectual Property Review 59-66 |
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| Rachael Craufurd Smith 'European Community Audiovisual Policy and Review of the Television Without Frontiers Directive' (2003) European Current Law xi-xvi (Focus Article) |
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| Hector MacQueen 'Trade secrets and freedom of speech: a Californian perspective on unscrambling DVDs' (2003) E-L@w Review Issue 13: 3-7 |
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| Hector MacQueen 'Madster and Madster: file-sharing and copyright infringement again' (2003) E-L@w Review Issue 12: 8-9 |
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| Hector MacQueen 'From Napster to Grokster' (2003) E-L@w Review Issue 11: 6-7 |
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Hector MacQueen 'Human rights and private law in Scotland: a response to President Barak' (2003) Tulane Law Review vol 78 (1, 2), 363-378| Abstract Discusses the domestication of the ECHR as a result of the Human Rights and Scotland Acts 1998. |
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Hector MacQueen 'Looking forward to a mixed future: a response to Professor Yiannopoulos' (2003) Tulane Law Review vol 78(1,2), 411-418| Abstract Argues that it is contrary to the spirit of mixed legal systems to analyse them on the basis that one part of the mix is good and another bad. |
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Burkhard Schafer 'The epistemology of "Epistemology and legal regulation of proof"' (2003) Law, Probability and Risk pp. 131-136| Abstract a reply to Damaska's analysis of the cultural dependency of the notion of "legal proof" |
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Hector MacQueen 'Mixing it? Comparative law in the Scottish courts' (2003) European Review of Private Law vol 11(6), 735-753| Abstract While one might expect Scotland as a mixed legal system to be comparative in its approach, there is little evidence of this to be found in the courts. Foreign case law referred to by the courts tends to stem from other Anglophone countries. Apart from the ECHR, other foreign decisions are virtually absent from citations in Scottish courts. But the significance of comparative law, it is finally argued, cannot be measured by analysis of citations alone. |
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Hector MacQueen 'Scotland and a Supreme Court for the UK?' (2003) Scots Law Times 279-282| Abstract Critical analysis of the Government's Consultation Paper on a supreme court for the UK replacing the present jurisdictions of the House of Lords and the Judicial Committee of the Privy Council. |
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Burkhard Schafer, Zenon Bankowski 'Emerging Legal Orders. Formalism and the Theory of Legal Integration' (2003) Ratio Juris Vol 16 pp. 486-505| Abstract Analyses European integration from a jurisprudential perspective |
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| Andres Guadamuz 'eBay Law: The legal implications of the C2C electronic commerce model' (2003) Computer Law & Security Report 19(6), pp. 468-473 |
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| Graeme Laurie 'DNA Theft : A New Crime in the UK' (2003) Nature Reviews Genetics 4: 584 |
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Burkhard Schafer, Vandenberge, Wim; Kingston, John 'Light Ontologies for Heavy Criminals? Ontological modelling and fraud investigation in the EU' (2003) IFOMIS Report pp. 23-33 Vol 4| Abstract Theoretcial reflections on the development of ontology based software for fraud prevention, detection and prosecution in a multi-jurisdiction context, using the example of VAT fraud. Comparisin with methodological assumptions underlying ontology based approaches in medicince |
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| J. Kenyon Mason, Graeme Laurie 'Misfeasance in Public Office: An Emerging Medical Law Tort?' (2003) Medical Law Review 11: 194 |
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| Hector MacQueen 'Tears of a legal historian: Scottish feudalism and the ius commune' (2003) Juridical Review (no vol), 1-28 |
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| Andres Guadamuz 'Eldred v Ashcroft- Analysis of the case' (2003) E-L@w Review Issue 10, april 2003 |
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| Hector MacQueen 'Laws and languages: some historical notes from Scotland' (2002) Electronic Journal of Comparative Law 6 (2) |
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| Andres Guadamuz 'Copyright in Cyberspace: Building fences on the Internet' (2002) Revista Electrónica de Derecho Informático No. 051, Octubre 2002 |
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| Charlotte Waelde 'Copyright Issues and the Information Society' (2002) Studies in UK Law Vol 21, pp 279-351 |
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Rachael Craufurd Smith, Boettcher, Bianca 'Football and Fundamental Rights: Regulating Access to Major Sporting Events on Television' (2002) European Public Law 8: 107-33| Abstract An evaluation of European Community and UK listed event legislation |
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Burkhard Schafer 'Form and Substance in Online Legal Education - a look over the border' (2002) Law Teacher pp 333-346 Vol 6| Abstract compares computer assisted learning in Germany and the UK |
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| Andres Guadamuz 'The New Sharing Ethic in Cyberspace' (2002) Journal of World Intellectual Property Vol. 5 No. 1, January 2002 |
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| Graeme Laurie 'Better to Hesitate at the Threshold of Compulsion: PKU Testing and the Concept of Family Autonomy in Eire' (2002) Journal of Medical Ethics 28: 136-38 |
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| Graeme Laurie 'Pharmacogenomics and Human Rights' (2002) Biotechnology Investment Today 60-65, Spring |
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| Graeme Laurie 'Medical Records Linkage: When is it Lawful and in the Public Interest' (2002) E-L@w Review Issue 4: 5-6 |
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Burkhard Schafer 'Language Rights and the Internet' (2002) E-L@w Review 9,10| Abstract discusses the Canadian Hyperinfo case and the application of the Canadian Charter of the French language in cyperspace |
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| Charlotte Waelde 'Hiatus in Domain Name Dispute Resolution' (2002) E-L@w Review |
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Hector MacQueen 'Expectations of the law in 12th and 13th century Scotland' (2002) Tijdschrift voor Rechtsgeschiedenis vol lxx (3-4), pp. 279-290| Abstract Considers the influence of the church and the canon law in the development of the Scots common law between 1100 and 1250, arguing that the interplay between these influences and those of English law and native custom, helped produce a distinctive system of law in medieval Scotland. |
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| Charlotte Waelde, Lionel de Souza 'Moral Rights and the Internet: Squaring the Circle' (2002) Intellectual Property Quarterly Vol 3 pp265 - 288 |
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| Andres Guadamuz 'Trouble with Prime Numbers: DeCSS, DVD and the Protection of Proprietary Encryption Tools' (2002) Journal of Information, Law and Technology (3) |
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| Abbe Brown 'Post harmonisation Europe-united, divided or unimportant' (2001) Intellectual Property Quarterly Issue 3, 275-286 |
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| Andres Guadamuz 'Habeas Data: an update on the Latin America data protection constitutional right' (2001) World Data Protection Report 1(4) pp.27-32 |
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Rachael Craufurd Smith 'State Support for Public Service Broadcasting: The Position Under European Community Law' (2001) Legal Issues of Economic Integration volume 28, page3| Abstract Considers the impact of Community state aid rules on the funding of public service broadcasting in Member States |
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Burkhard Schafer 'Law and Law - a reply to Reid on strict liability' (2001) HLS Cahier 77-99| Abstract argues for a formalist, conceptual approach to the comparative law of strict liability |
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| Graeme Laurie 'Owning the Genome' (2001) Science and Public Affairs (June)10-11 |
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Burkhard Schafer 'Grounding Legal Information Systems' (2001) Global Review of Cyberlaw Vol 1pp. 83-132| Abstract analyses ontology oriented approaches to provide access to legal informations from foreign jurisdictions |
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Hector MacQueen 'The Copyright and the Information Society Directive' (2001) E-L@w Review Issue 1, pp. 4-7| Abstract An analysis and assessment of the Directive and its impact upon the law of copyright. |
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Hector MacQueen 'Mixed jurisdictions and convergence Scotland' (2001) International Journal of Legal Information pp. 309-322, vol 29(2)| Abstract The paper discusses the role to be played by mixed systems in the convergence of European private law, taking Scotland as its exemplar. |
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| Graeme Laurie 'Intellectual Property and the Human Genome' (2001) Chartered Institute of Patent Agents Journal (July) 352-54 |
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| Graeme Laurie 'Challenging Medical Legal Norms: The Role of Autonomy, Confidentiality and Privacy in Protecting Individual and Familial Group Rights in Genetic Information' (2001) Journal of Legal Medicine 22: 1-54 |
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| Andres Guadamuz 'Habeas Data vs the European Data Protection Directive' (2001) Journal of Information, Law and Technology 2001 (3) |
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Burkhard Schafer 'Legal Transplants and Legal Downloads' (2001) International Review of Law, Computers and Technology Vol 15 pp 301-315| Abstract A comparative view on online legal education |
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| J. Kenyon Mason, Graeme Laurie 'Consent or Property: Dealing with the Body and its Parts in the Shadow of Bristol and Alder Hey' (2001) Modern Law Review 64: 710-79 |
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Hector MacQueen 'Scots law and the road to the new ius commune' (2000) Electronic Journal of Comparative Law 4 (4)| Abstract http://law.kub.nl/ejcl/44/issue44.html |
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| Andres Guadamuz 'The future of technology transfer in the global village' (2000) Journal of World Intellectual Property Vol. 3 No. 4, July 2000 |
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| Graeme Laurie, Michael Grodin 'Review - Against Relativism - Cultural Diversity and the Search for Ethical Universals in Medicine' (2000) Perspectives in Biology and Medicine 43: 627-29 |
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| Graeme Laurie, Michael Grodin 'Susceptibility Genes and Neurological Disorders - Learning the Right Lessons from the Human Genome Project' (2000) Archives of Neurology 57: 1569-74 |
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| Graeme Laurie 'Genetic Discrimination: How Does UK Law Measure Up?' (2000) Genetics Law Monitor 6-7 |
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| Hector MacQueen 'International exhaustion of trade marks rights: a Scottish contribution to the debate' (2000) Intellectual Property Quarterly vol 4(4) pp.357-366 |
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| Charlotte Waelde 'The Quest for Access in the Digital Era: Copyright and the Internet' (2000) Journal of Information, Law and Technology 1 |
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Burkhard Schafer 'Alice in Cyberland - Legal Expert Systems for International Law Applications' (2000) Journal of Information, Law and Technology Vol.5| Abstract Explores the use of formal ontologies and the theory of grounding for cross-jurisdictional information systems |
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| Andres Guadamuz 'Habeas Data: The Latin American response to data protection' (2000) Journal of Information, Law and Technology 2000 (2) |
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| Graeme Laurie 'Genetics and Patients' Rights: Where are the Limits?' (2000) Medical Law International 5: 25-44 |
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| Graeme Laurie 'Protecting and Promoting Privacy in an Uncertain World: Further Defences of Ignorance and the Right Not to Know' (2000) European Journal of Health Law 7: 185-91 |
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| Hector MacQueen 'A Scottish Perspective on Kleinwort Benson v Lincoln City Council' (2000) European Review of Private Law Vol. 8(2), pp.352-357 |
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| Graeme Laurie 'Review - Law and Human Genetics' (2000) Journal of the Law Society of Scotland 45(4): 41 |
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| Graeme Laurie 'Review - Protecting Privacy' (2000) Law Quarterly Review 116: 173-79 |
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| Graeme Laurie, J. Kenyon Mason 'Negative Treatment of Vulnerable Patients: Euthanasia by any other Name?' (2000) Juridical Review 159-78 |
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| Graeme Laurie 'Wielding the Implement of Law: Distilling New Rights and Responsibilities in the Age of the 'New Genetics'' (1999) Health, Risk and Society 1: 333-41 |
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| Hector MacQueen 'Scots Law and the Road to the New Ius Commune' (1999) The Law Librarian Vol. 30(1), pp. 19-25 |
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| Graeme Laurie 'Parens Patriae Jurisdiction in the Medico-legal Context: The Vagaries of Judicial Activism' (1999) Edinburgh Law Review 3: 95-107 |
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| Hector MacQueen, Laura Macgregor 'Specific Implement, Interdict and Contractual Performance' (1999) Edinburgh Law Review Vol. 3, pp.239-246 |
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| Graeme Laurie 'Obligations Arising from Genetic Information: Negligence and the Protection of Familial Interests' (1999) Child and Family Law Quarterly 11: 109-24 |
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| Rachael Craufurd Smith 'The Establishment of Companies in European Community Law: Choice of Law or Abuse of Rights?' (1999) European Current Law pp.xi-xv |
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| Graeme Laurie 'In Defence of Ignorance: Genetic Information and the Right Not to Know' (1999) European Journal of Health Law 6: 119-32 |
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| Charlotte Waelde, J. Birrell 'Limited Liability Partnerships: A New Regime for Professional Partnerships?' (1999) Journal of the Law Society of Scotland Vol.44(8), pp. 27-29 |
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Burkhard Schafer 'Form Follows Function Fails - as a Sociological Foundation of Comparative Law' (1999) Social Epistemology Vol. 13 No 2 pp.113-128| Abstract A critique of functionalist approaches to comparative law, based on Imre Lakatos' theory of scientific evolution |
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| Hector MacQueen 'Intellectual Property in a Peripheral Jurisdiction' (1999) Computers and Law Vol. 10(4), pp. 30-35 |
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Hector MacQueen, Martin Hogg, Parker Hood '"Muddling Through? Legal Responses to E-Commerce From the Perspective of a Mixed System' (1998) Molengrafica 195-224| Abstract The article dealt with "the problems posed by sofware transactions, licences of information and electronic contracting" under Scots law, as well as the potential liability and remedies . |
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Rachael Craufurd Smith 'Sex and Violence in the Internal Market: The Impact of European Community Law on Television Programme Standards' (1998) Contemporary Issues in Law vol. 3, pp. 135-153| Abstract Considers the impact of the child protection provisions in the EU Television Without Frontiers Directive on the broadcasting regimes of EU Member States |
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| Hector MacQueen 'Quis Custodiet? The Scotland Bill, Human Rights and the Judges' (1998) Scotland Forum pp. 8-9 |
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| Hector MacQueen 'The Scotland Bill and Private Law' (1998) Scotland Forum p.3 |
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Burkhard Schafer 'Lesniewski Quantifiers and Modal Arguments in Legal Discourse' (1998) Logic and Logical Philosophy Vol. 6, pp.133-155| Abstract Uses a system of intensional logic to analyse the notion of "criminal intent" in German, English and Scots law |
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| Graeme Laurie 'Review - Medical and Dental Negligence' (1998) Edinburgh Law Review Vol.2(2), pp.243-245 |
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| Hector MacQueen 'Judicial Reform of Private Law' (1998) Scottish Law & Practice Quarterly Vol. 3(2) pp.134-158 |
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Burkhard Schafer 'Reason's Faltering Steps: A Review of Jaap Haage's Reasoning with Rules' (1998) International Journal of Law and Information Technology Vol. 3 no. 6 327-334pp.| Abstract A critique of Jaap Haage's application of default logic to law and jurisprudence |
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| Graeme Laurie 'Review - Trade Related Aspects of Intellectual Property Rights: A Concise Guide to the TRIPS Agreement' (1998) International Journal of Law and Information Technology 6: 245-46 |
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Burkhard Schafer 'Inheritance Principles and the Community of Heirs' (1998) Frontiers in Artificial Intelligence: Formal Ontology in Information Systems Vol. 46 pp.108-120| Abstract Develops a system of formal ontology to describe collective entities in German, French and UK law |
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| Lilian Edwards, Charlotte Waelde 'Regulating Cyberspace - Is there a Role for Law?' (1998) Journal of Computers and Law SCL Vol. 8 Issue 5, pp.19-23 |
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| Hector MacQueen 'Copyright in Cyberspace: Shetland Times v Wills' (1998) Journal of Business Law pp. 297-299 |
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| Hector MacQueen 'Concrete Solutions to Liability: Changing Perspectives in Contract and Delict' (1998) Arbitration: Journal of the Chartered Institute of Arbitrators Vol. 64, pp. 285-291 |
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Rachael Craufurd Smith 'Getting the Measure of Public Services: Community Competition Rules and Public Service Broadcasting' (1997) Yearbook of Media and Entertainment Law pp. 147-175| Abstract Considers the impact of European Community Law on the regulation of public service broadcasting in the Member States, with special reference to competition law. |
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| Hector MacQueen 'Third Party Rights in Contract: English Reform and Scottish Concerns' (1997) Edinburgh Law Review Vol. 1,pp.488-493 |
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Hector MacQueen 'Remedies for Breach of Contract: The Future Development of Scots Law in its European and International Context' (1997) Edinburgh Law Review Vol. 1, pp.200-226 | Abstract This paper, first presented on 21 October 1995 at a joint seminar of the Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the future development of the law in this area, first by considering its history and current state in comparative terms and drawing the conclusion that it is characterised by a mixture of Civilian and Common Law elements; second, by comparing Scots law with the provisions on breach contained in recently published proposals for a harmonised law of contract (the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract law prepared by the Lando Commission, and the draft "code" for the United Kingdom prepared on behalf of the English Law Commission by Harvey McGregor in the late 1960s) and in international conventions on the sale of goods. Although Scots law emerges reasonably well from this exercise, there are a number of points to be taken on board in any future reform, as well as some insights into important underlying principles. |
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| Hector MacQueen 'Assignation and Breach of Contract' (1997) Scottish Law & Practice Quarterly Vol. 2 pp.114-122 |
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Burkhard Schafer 'Reinach, Pragmatic Universals and the Methodology of Comparative law' (1997) Beiträge der Ludwig Wittgenstein Gesellschaft Vol. 20 pp.580-586| Abstract Analyses the possibility of a research project in " cross-jursdictional legal universals" based on Reinach's legal philosophy |
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| Charlotte Waelde 'Is the Dam about to burst? An Analysis of Domain Name Disputes in the UK' (1997) International Journal of Law and Information Technology |
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| Hector MacQueen 'Mixture or Muddle? Teaching and Research in Scottish Legal History' (1997) Zeitschrift für Europäisches Privatrecht Vol. 5, pp.359-384 |
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| Graeme Laurie 'Intellectual Property Rights and the Interests of Indigenous Peoples' (1997) Lesotho Law Journal 10: 107-26 |
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| Abbe Brown 'The increasing influence of intellectual property cases on the principles of statutory interpretation' (1996) European Intellectual Property Review Vol. 18, Issue 10, 526-530 |
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| Rachael Craufurd Smith 'Pluralism and Freedom of Expression: Constitutional Imperatives for a New Broadcast Order' (1996) Yearbook of Media and Entertainment Law pp. 21-44 |
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| Graeme Laurie 'The Most Personal Information of All: An Appraisal of Genetic Privacy in the Shadow of the Human Genome Project' (1996) International Journal of Law, Policy and the Family 10: 74-101 |
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| Charlotte Waelde 'Copyright and Related Rights in the Information Society' (1996) Scottish Law & Practice Quarterly Vol. 1 pp 305-314 |
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| Lilian Edwards, Charlotte Waelde 'Defamation and the Internet: A Case Study of Anomalies and Difficulties in the Information Age' (1996) International Review of Law, Computers and Technology Vol. 10 pp.263-294 |
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| Graeme Laurie 'Review - AIDS: A Guide to the Law' (1996) Medical Law International 2: 183-87 |
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| Charlotte Waelde 'Wet ? Wet - a Little Mystery Unresolved?' (1996) Scots Law Times Vol. 1 pp 1-7 |
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| Hector MacQueen 'Remoteness and Breach of Contract' (1996) Juridical Review pp. 295-303 |
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| J. Kenyon Mason, Graeme Laurie 'The Management of Persistent Vegetative State in the British Isles' (1996) Juridical Review 263-83 |
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| Hector MacQueen 'Regiam Majestatem, Scots law and national identity' (1995) Scottish Historical Review 74: 1-25 |
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Rachael Craufurd Smith 'Do Human Rights Require Private Broadcasting? The Case of Informationsverein Lentia and Others v Austria' (1995) Maastricht Journal of European and Comparative Law 63| Abstract Assesses the impact of Article 10(1)(3) of the ECHR on domestic broadcasting systems. The article also considers the continuing legitimacy of public broadcasting monopolies in the light of the European Court of Human Rights case law. |
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| Hector MacQueen 'Extending intellectual property: producers v. users' (1994) Northern Ireland Legal Quarterly 45: 30-45 |
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| Hector MacQueen 'A Scottish case on unregistered design right' (1994) European Intellectual Property Review 86-87 |
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| Hector MacQueen 'Unjustified enrichment and breach of contract' (1994) Juridical Review 137-166 |
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| Hector MacQueen 'Protecting software: copyright or sui generis' (1993) International Journal of Law and Information Technology i: 236-247 |
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| Hector MacQueen 'Trans-national legal education in Edinburgh' (1993) European Review of Private Law 327-330 |
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| Hector MacQueen 'Keeping it Scottish: change in Scottish legal profession and legal education' (1992) The Law Librarian xxiii: 192-199 |
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| Hector MacQueen 'Unjustified enrichment in Scots law' (1992) Journal of Business Law 333-334 |
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| Hector MacQueen 'Scots law in historical perspective' (1991) The Law Librarian 85-93 |
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| Hector MacQueen 'Design right and semiconductor topographies' (1990) Journal of the Law Society of Scotland 35: 422-424 |
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| Hector MacQueen, John W. Cairns, T. D. Fergus 'Legal humanism in Renaissance Scotland' (1990) Journal of Legal History xi : 40-69 |
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| Hector MacQueen 'Restrictive covenants in Scotland' (1990) Journal of Business Law 341-345 |
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| Hector MacQueen 'Desuetude, the cessante mazim and trial by combat in Scots law' (1986) Journal of Legal History 90-97 |
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| Hector MacQueen, A.D.M. Forte 'Contract procedure and formation and the battle of the forms' (1986) Journal of the Law Society of Scotland 31: 224-229 |
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| Hector MacQueen, A. Borthwick 'Three fifteenth century cases' (1986) Juridical Review xxxi: 123-151 |
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| Hector MacQueen 'Pleadable brieves, pleading and the development of Scots law' (1986) Law and History Review iv: 403-422 |
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| Hector MacQueen 'A copyright anomaly revealed' (1985) Journal of the Law Society of Scotland 198-199 |
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| Hector MacQueen 'Mackenzie's Institutions in Scottish legal history' (1984) Journal of the Law Society of Scotland 29: 498-501 |
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| Hector MacQueen 'The Wee McGlen case: representations of Scottishness, passing off and unfair trading' (1983) European Intellectual Property Review 18-20 |
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| Hector MacQueen 'Dissasine and mortancestor in Scots law' (1983) Journal of Legal History iv 21-49 |
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| Hector MacQueen, W.J. Windram 'The Sources and Literature of Scots Law: a select critical bibliography' (1983) Journal of Legal History iv 1-20 |
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| Hector MacQueen 'The Monopolies Commission and the Scottish factor' (1982) Journal of Business Law 316-319 |
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| Hector MacQueen 'The brieve of right in Scots law' (1982) Journal of Legal History iii 52-70 |
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| Shawn H.E. Harmon, G. Haddow, A. Bruce, J. Calvert, W. Marsden 'Not Human Enough to be ‘Human’ and Not Animal Enough to be ‘Animal’: The Case of the HFEA, Admixed Embryos and Xenotransplantation' (0) New Genetics & Society |
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