Combatting peer-to-peer file sharing of copyrighted material via anti-piracy laws: Issues,trends, and solutions

This article analyses potential end-user copyright violations associated with peer-to-peer (P2P) file sharing and the anti-piracy efforts currently underway in order to tackle them. This article discusses international developments in terms of trends, issues and solutions aimed at addressing peer-to-peer file sharing of copyrighted material. First, the article introduces P2P file sharing, its increasing significance in the growing digital media economy, and the legal issues surrounding this topic. Next, the article provides a comparative analysis of global efforts and trends in preventing digital piracy by analyzing relevant legislation, case law and practices in multiple jurisdictions, including the United States, United Kingdom, France, Sweden, and Japan. In addition, the article reviews Hong Kong's current case law and proposed legal reforms including an analysis of their deficiencies with respect to addressing P2P copyright infringement. The article concludes with an analysis of existing trends in preventive measures against copyright infringement through P2P file sharing and suggests directions on future legal and non-legal measures that Hong Kong as well as the international community can take in combating digital piracy and copyright infringement through peer-to-peer file sharing.     

Looking backwards, looking forwards: judicial and legislative trends in the regulation of surrogate motherhood in the UK and Australia

It has been a quarter of a century since the first reported decision was handed down with respect to surrogate motherhood by a common law court. Since that initial decision Australian jurisdictions and the United Kingdom have seen a plethora of parliamentary inquiries, legislation and case law. This article reviews these historical legal developments in case law and legislation in both Australia and the UK to identify what, if any, trends are occurring in the regulation of surrogacy. It is suggested from this review that there is a trend towards recognising and allowing altruistic surrogacy. This raises issues of practical and theoretical importance in relation to the definition of family and the regulation of surrogacy.     

Changing Patterns of Legal Representation in Divorce: From Lawyers to Pro Se

Governmental assistance for legal representation in civil cases is far greater in the United Kingdom than in the United States of America. This article explores the extent of legal support for low–income Americans, particularly in the area of family law. Examination of the data on self–representation across the United States and over time shows decreased reliance on lawyers. Drawing on institutional and individual perspectives, the article then explores why individuals choose to represent themselves in divorce. What do lawyers add to a divorce besides cost? The article suggests patterns of lawyering depending upon the lawyer and the resources of the client. While some pro se individuals may thrive in the divorce process without the need of a lawyer, others are disadvantaged by the lack of services available to them. The matching process between case needs and legal representation does not work.     

Legal Change on Contraceptive Sterilisation

New and controversial medical procedures such as contraceptive sterilisation are often thought, at least initially, to be prohibited by the criminal law. This article examines how – without any formal legal intervention – contraceptive sterilisation for a consenting patient eventually became accepted as lawful in the United Kingdom. A prominent role was played by the medical profession, its organisations and its journals. A significant role was played by a little-known campaigning organisation in ensuring this legal change.     

Teaching without authority

This article seeks to examine the roles played by authority within the classroom in the legal education context and its potential impact on the models of pedagogical practice. Among the pertinent factors fuelling the changing demographics of the law student body is the perceived attraction of practising law in the United Kingdom which increases the popularity of graduate conversion routes into the profession both by qualified legal practitioners from other jurisdictions and by mature students with experience in other areas. This raises a number of potential difficulties for junior law teachers in so far as this changing student body demographic is capable of challenging the teacher's real or perceived authority in the classroom which was hitherto considered a crucial tool to the educator. This article discusses the effects of the closing gap of knowledge and experience between the teacher and the student body and how the adoption of different models of pedagogy may alleviate certain difficulties that arise, perhaps to the extent of transforming this weakness into strength. In the end, however, whether to use different pedagogical models to compensate for a lack of relative authority in the classroom may hinge upon whether legal training should primarily be academically oriented or more akin to training for the practice of a trade, raising questions regarding the appropriate form and function of legal education.     

Reassessing the Feminist Theoretical Project in Law

This article seeks to address the current state of theoretical debate within feminist legal studies in the United Kingdom and beyond. It is part map, part critique of dominant theoretical trends – an attempt to identify and explore a range of questions about feminist scholarly engagement in law, including the relationship between academic feminism and political activism, the distinction (if any) between 'feminist' analyses and broader engagements with law and gender, and the normative underpinnings of feminist legal scholarship. The author makes no pretence to neutrality on these issues, questioning the perceived 'drift' between political and academic feminism, and arguing strongly for the recognition and realization of feminism's normative and transformative aspirations. Similarly, she challenges the emergence of an 'anti-essentialist' norm in feminist discourse, and reaffirms the value of 'women-centred' feminist approaches. Finally, this article is also a personal venture, a 'stock-taking' exercise which seeks to interrogate the author's own understanding of what feminist legal work entails.     

The legal status of the fetus: an international review

The article examines the way that courts and legislatures in the United Kingdom, the United States of America, Canada and Australia have answered questions regarding the legal status of a fetus. These questions have arisen in a variety of legal situations: the article deals with succession, criminal, child protection and negligence law. The conclusion offered is that a fetus has a value and an existence that the law should recognise. This does not mean, however, that in all circumstances the law should protect the interests of the fetus. Law-makers will respond differently to claims made on behalf of a fetus, depending on the context. The fetus does not have a uniform value or character in the eyes of the law. The law makes choices as to the situations in which it will take account of actual or threatened antenatal harm.     

保赔协会法律地位研究

综合运用民商法学、海上保险法学、国际法学等学科知识和基础理论,结合经典案例,通过考察英美法系国家海上保险立法和实践,对保赔协会的法律地位进行分析,并在此基础上,对中国船东互保协会法律地位的立法完善提出建议。     

Understanding search engines: A legal perspective on liability in the Internet law vista

This contribution discusses the legal dimension of search engines in an Internet law context, through both a global lens and a Turkish perspective. This paper introduces search engine liability in the growing Internet industry and the role of search engines in distributing and disseminating information. Next, this paper considers a global perspective on the legal dimension of search engines from United States case law, United Kingdom case law, and other European courts and legislation. This contribution then discusses the liability of search engines in the Turkish legal context. The conclusion provides an overall evaluation of the current status of search engine liability and prospects on its potential development.     

Northern Ireland Dimensions to the First Decade of the United Kingdom Supreme Court

This article focuses on the relationship between the United Kingdom Supreme Court and Northern Ireland over the course of a constitutionally significant period of time, namely the first decade of the Court's existence. It does this by exploring what difference the Court has made to the law of Northern Ireland, what significance the cases from Northern Ireland have had for the law in other parts of the United Kingdom, and what part has been played in the Court's work by the sole Justice from Northern Ireland, Lord Kerr of Tonaghmore, and by the Attorney General for Northern Ireland, John Larkin QC. It concludes that the Court has established itself as an indispensable component of the legal system of Northern Ireland.     

Socio‐legal Studies in Aotearoa/New Zealand

This article reviews the development and impact of the socio‐legal field in New Zealand. It begins by assessing the socio‐legal presence within teaching and research conducted across New Zealand's law faculties before analysing factors likely to inhibit future growth of the sub‐discipline in this remote jurisdiction. Having examined how New Zealand's legal scholars map and influence national legal behaviour, without always recognizing contradictions between these objectives or categorizing their research as ‘socio‐legal’, the article goes on to examine how the next generation of socio‐legal researchers might exert stronger influence over the law curriculum and new areas of legal policy. In conclusion, it argues for a distinctive New Zealand approach toward socio‐legal studies and notes that future prospects appear encouraging, and in certain respects more promising than those in the United Kingdom, particularly when considering research impact.     

Cross-national investigation and prosecution of intellectual property crimes: the example of “Operation Buccaneer”

“Operation Buccaneer” was the name given to a law enforcement operation against “DrinkOrDie,” a highly organised but globally dispersed Internet-based software piracy group. The concerted enforcement action, led by the US Customs Service and Department of Justice, extended to several European countries and Australia. This paper contrasts the legal consequences that flowed, with numerous suspects pleading guilty in the United States, some contested prosecutions in the United Kingdom, and a sole Australian suspect facing extradition to the United States to face charges. Operation Buccaneer illustrates the cross-national reach of both Internet-based intellectual property crime and the law enforcement response, as well as some of the complexities that arise in applying jurisdictional concepts such as the “double criminality” requirement for extradition in this evolving prosecutorial landscape.     

FROM CHILDREN'S SHOES TO CHILDREN'S VOICES

This article considers the sudden rush of enthusiam to hear children's voices in divorce proceedings in countries such as the United Kingdom, New Zealand, Australia, and elsewhere and points to the problems that are likely to occur if the family law system really does mean to treat children seriously. It argues that children give complex accounts that may not fit neatly into either adult or legal agendas. Notwithstanding the difficulties that flow from this development, it is argued that it is essential to include children's understandings in the formulation of future policy and practice.     

New Wine in Old Bottles or New Wine in New Bottles?

This chapter traces the origins of what became the new university law schools, paying particular attention to the creation, culture, and contribution of the United Kingdom polytechnics. It argues that the 'equal but different' philosophy of the polytechnics has special application to law teaching. In particular, it demonstrates that legal education outside the traditional universities has a commitment to vocationalism, innovation in teaching and learning, and to widening access to both legal education and the legal profession. Drawing on research findings, the chapter explores the nature and the professional norms of law teachers in new universities, as contrasted with their counterparts in the traditional sector.     

Jurisdictional games and decision making: The Belgian approach in dealing with migrant smuggling

The article presents a case study focusing on the Belgian approach to deal with migrant smuggling and more broadly on the governance of migrants in transit on its territory. Drawing from the literature on jurisdiction and scales and combining it with the scholarship on bureaucrats' decision making, the article sheds light on the messy dynamics and realities of legal governance of migrants transiting through Belgium in their journey to the United Kingdom. By focusing on the multilayered nature of the issue, the distinct legal regimes and the various actors involved, the article argues that the jurisdictional separation of the realms of criminal and administrative law enables a decision to mobilize a set of law over or in combination with another. The article explores the situation at the local and national scales and, as jurisdictions overlap and competences are scattered between distinct entities and actors, specific attention is paid to “passing the buck” behaviors and discourses which have substantial consequences for the situation of migrants in transit in Belgium.     

Student-led law reviews: what every UK law school needs?

In the United States (US) student-run law reviews have long offered students the opportunity to develop their skills as editors and members of a publication team and to engage with new legal research. With law ordinarily taught as a three-year postgraduate degree, these reviews are normally staffed by a postgraduate editorial team. Similar efforts in the United Kingdom (UK) have largely been short-lived. Some venerable academic journals, such as the Cambridge Law Journal, started their lives as student-centred projects, but academics soon assumed control of the process because of the variable quality of undergraduate editing. This false start proved difficult to recover from, but a spate of newly founded student law reviews in the last decade suggests that these publications have increasing traction in UK legal education. This article evaluates the challenges and potential benefits of these efforts to translate US practice into UK law schools in light of the experience of creating and maintaining the North East Law Review, a student-led periodical based at Newcastle University which publishes student-generated content based on high-quality coursework submissions. This process potentially enhances the assessment process, with the student editorial team preparing essays for publication and student authors re-engaging with their work in light of feedback. Publishing such essays furthermore allows all students to benchmark their own work against excellent coursework performance.     

Socio‐legal Studies in France: Beyond the Law Faculty

This article is the third in an occasional series dealing with the development, current status, and future of socio‐legal studies in selected countries. It follows articles by Kim Economides (Aotearoa/New Zealand) and Harry Arthurs and Annie Bunting (Canada). In this article we argue that in France one can identify work that corresponds to the key strands of socio‐legal research in Anglo‐American societies but that ‘socio‐legal’ as a category of research and scholarship does not have the presence it has in the United Kingdom. French law faculties continue to be strongly shaped by a traditional disciplinary orthodoxy rooted in a highly and distinctively structured form of doctrinal analysis. In the first part, we explain the relatively limited presence of socio‐legal studies in French law faculties in terms of the historical and institutional mechanisms by which disciplinary closure has been created and maintained around traditional orthodoxies. But in the second part we will trace the presence – predominantly outside law faculties – of significant fragments of socio‐legal practice in the scholarship of law and allied disciplines.     

The Changing Position of Legal Academics in the United Kingdom: Professionalization or Proletarianization?

This article analyses changes to United Kingdom (UK) university law schools during the period coinciding with Phil Thomas’ career as a law teacher – the latter part of the twentieth century and the first two decades of the twenty-first – in part illustrating the analysis with other examples from Thomas’ career. We will focus specifically on the way in which what it means to be a legal academic has altered, with UK legal academics having been professionalized as a community during this era. Yet, seemingly paradoxically, it is also an era during which, many have suggested, academics in UK universities have become a proletariat.     

Seeking Shelter in Personal Insolvency Law: Recession,Eviction, and Bankruptcy's Social Safety Net

Many legal systems understand consumer insolvency laws as social insurance, providing relief and a ‘fresh start’ to over‐indebted households who fall through gaps in the social safety net. Personal insolvency law in England and Wales in practice functions similarly, but in terms of legal principle and policy is ambivalent – sometimes emphasizing household debt relief, other times creditor wealth maximization. This article assesses, in the context of novel debt problems brought to prominence by recession and austerity, the extent to which the law has embraced personal insolvency's social insurance function. The discussion is framed particularly by the escalating United Kingdom housing crisis and the case of Places for People v. Sharples concerning consumer bankruptcy's (non)protection of debtors from eviction. The analysis illustrates how tensions between conceptual understandings and personal insolvency law's practical operation undermine the law's ability to fulfil its potential to produce positive policy responses to contemporary socio‐economic challenges.