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McColgan KC A: Discrimination Law

Discrimination Law

Text, Cases and Materials

A forensic examination of ethical failure in the British government. Boris Johnson's premiership was marked by scandals that deeply undermined public trust, from dubious PPE procurement to the 'partygate' revelations. How did this downward spiral take hold, and what would it take to reverse it? John Bowers KC offers a rigorous analysis of the erosion of ethical standards before, during and after the Johnson government. Drawing on interviews with insiders, he shows how accountability mechanisms were sidelined and how a culture of favouritism flourished, rooted in the assumption that those in power could be relied upon to regulate themselves. Although the Labour victory of July 2024 brought political change, the underlying system remains vulnerable. Downward Spiral sets out concrete proposals for a more transparent and accountable alternative.

Collapsing Public Standards and How to Restore Them

Downward Spiral

What is the significance of sex characteristics and gender identity in public law? Why are these personal attributes important for the legal relationship between the person and public authorities? What happens when people do not conform to the assumptions about sexual anatomy and gender identity that are presupposed in the law? Gender Diversity in Public Law explores these questions through an extensive analysis of jurisdictions across Europe, Latin America, and Asia. By integrating comparative law with gender and constitutional studies, the volume examines how gender diversity is both recognized and regulated in different legal systems. This book shows that sex characteristics and gender identity are central to public law. It demonstrates that legal systems are not based solely on the existence of men and women. Instead, they rely on the presence of men, women, and nonbinary individuals, each characterized by specific physical and identity traits. When people exhibit sex characteristics and/or a gender identity that defy legal assumptions and definitions, public law intervenes and actively shapes the subjects it requires. At the same time, legal systems are gradually becoming more inclusive of gender diversity, and this book investigates how emerging models of recognition are transforming public law to recognize gender-diverse people. Gender Diversity in Public Law offers a comparative perspective on the complex relationship between gender diversity and public law, shedding light on a crucial aspect of this field-one that has remained largely understudied until now.

Between Recognition and Control

Gender Diversity in Public Law

From Hadrian's Wall to Sulis Minerva's spa at Bath and the public buildings and walled circuits of other towns, Britain has a wealth of Roman urban remains to examine. Designed for visitors wishing to explore the archaeological landscape, this user-friendly guide sets out a plan of 20 Roman towns - explaining how visitors can find the site and what they may expect to see. Where appropriate, this book explores how the town developed from an Iron Age settlement or where it began life as a military fortress or fort. Written by an expert in the field, each chapter addresses the following: - An introduction to the history of the settlement, its origins and significance. - An outline of the main ancient sites and monuments, with concise information on museums. - Accessible maps of the archaeological features of each town. - An up-to-date summary of the recent work on each Roman town, supported by further reading. By following the footsteps of ancient peoples, this interactive guide offers users a fascinating picture of what can be seen at these urban centres.

A Visitor's Guide

Roman Britain in Twenty Towns

'An outstanding dual biography... Dinshaw's book is profoundly entertaining, startling in its depth, and a necessary cautionary tale about the human cost of political division' Daily Telegraph Two old friends end up on opposite sides of the English Civil War, in this dazzling history from the acclaimed author of Outlandish Knight At the Inns of Court, the intellectual, literary, and social heart of early 17th century London, many pivotal friendships were forged: few closer than that of Bulstrode Whitelocke and Edward (Ned) Hyde. Both young men were lively characters, industrious, well-connected, principled and optimistic. They dreamed of reforming the government of Charles I, a young court with age-old problems, by restoring the traditional harmony of Crown and Parliament. This is the story of how their hopes climbed, overreached, and fell into an abyss of relentless civil war. This highly original, vivid and engaging book recreates the atmosphere, drama, players and ideas of what is arguably England's (and Britain's) most crucial and traumatic formative period. Through the stories of his two protagonists, Minoo Dinshaw shows how subtle religious and political differences, careful personal judgments, and mere happenstance combined to place these two friends, most reluctantly, on opposite sides in the English Civil Wars. They would both survive, unlike many thousands of others, into old age; both would become influential historians, shaping how we still understand the conflicts of their age. But their friendship, like the once hopeful country in which it had first flourished, would be forever changed: permanently marred by what both men believed to be senseless and unnecessary civil strife.

Choosing Sides in the English Civil War

Friends in Youth

This book provides structured coverage of journalism law and regulation with an emphasis on practical issues confronting media companies, journalists, and their legal advisers, as they produce words and images for publication across different publishing platforms. The Second Edition is fully updated to include: - media convergence - online platforms - online safety concerns - the Online Safety Bill 2022 - data protection - privacy - press freedom.

Journalism Law and Regulation

This book brings together leading scholars from private law and employment law to reflect upon private law doctrines as they relate to the employment contract. Developing an interdisciplinary dialogue, these contributions explore the regulatory functions of private law doctrines at the cutting edge of modern employment law. Topics include the potential and limitations of private law damages; the role of injunctions and specific performance; the interactions between express and implied terms; vicarious liability; substantial performance and breach; and the common law right to work. The integration of scholarly perspectives from the realms of private law and employment law enriches and deepens our understanding of core private law doctrines. Historically, employment law was defined in terms of its autonomy from general private law. This achievement of autonomy was highly prized, and considered necessary to facilitate industrial freedoms for trade unions and the protection of employees from exploitation. But the contractual basis of employment means that any such autonomy has always been partial and unstable. Furthermore, as trade unions have declined and governments have deregulated statutory employment rights, private law has assumed growing practical importance in strategic appellate litigation. In many common law jurisdictions, private law doctrines have become the new battleground between employers, workers and trade unions. The essays in this book examine specific doctrinal issues against this dynamic backdrop of changing social, economic and constitutional conditions. While focused mainly on English law, the essays also consider examples from other jurisdictions including Australia and Scotland. As private law becomes the default regulation for most employment contracts in 21st-century labour markets across the world, this book is an essential resource for practitioners, judges, academics and students.

Private Law and the Employment Contract

This open access book critically analyses a wide range of consumer law issues generated or exacerbated by the Internet of Things. The Internet of Things challenges many of the dichotomies which have shaped current laws: goods-services, hardware-software, tangible-intangible, online-offline. The book focuses on 4 specific challenges: things-as-service, liability, bricking of physical devices through software control, and the potential for enhanced personalisation, especially for digital assistants. The chapters analyse specific applications such as smart homes, connected cars, and consumer wearables with a view to providing innovative solutions to the new challenges posed by the Internet of Things, and to steer the development of the Internet of Things in a fairer direction. As well as offering an important analysis of the potential for smart consumer laws in the Internet of Things, the book also provides important insights into the growing divergence between Germany's and the UK's consumer laws since Brexit. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com. Open access was funded by UKRI (Arts and Humanities Research Council) and the German Research Foundation (DFG).

Lessons from Germany and the United Kingdom

From Smart Technologies to Smart Consumer Law

California Gold

Remote Work and Labor Institutions

Juridicum – Bochumer Schriften zur Friedenssicherung und zum Humanitären Völkerrecht I Bochum Studies on the International Law of Peace and Armed Conflict

Administrative procedure is often perceived as a nuisance by those involved: by individuals seeking an action, service or permission from the state as well as by members of the administration wanting to pursue an action against an individual or refusing to act in her favour. Both sides may view administrative procedure as an unwelcome hurdle on their way to reach their objectives. This perception, however, clouds the value and importance of administrative procedure for the individual in modern legal systems. It is not an end in itself but protects individuals against arbitrary state action.
This book explores the connection between international human rights law and administrative procedure. In particular, it discusses potential justifications for obligations of administrative procedure under international human rights law, their doctrinal construction, and their implementation as well as the scope of review of courts.
About the Author
Benedikt Behlert works as an attorney in Düsseldorf, focussing on all areas of German, European and international public law.

The Relevance of Administrative Procedure to International Human Rights

The Necessity of a Conversation between the Administration and the Individual

A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more. Bodies of Evidence disrupts popular understandings of the rape kit by examining it as a complex assemblage of practices and protocols that stands at the uneasy nexus of law and medicine. Jaimie Morse traces how this assemblage was championed as a rights project in medicine, moving from the margins to the center of health care responses to sexual violence through new clinical standards of care, first in the United States and then in global humanitarian medicine. Drawing on archival research, interviews with experts and activists, and fieldwork at international meetings, the book chronicles a novel process of legal mobilization in medicine and interrogates the existential meanings and stakes of rape kits, their associated practices, and their underlying assumptions and expectations for survivors of sexual violence.

A History of Rape Kit Protocols in US Emergency Nursing and Global Humanitarian Medicine

Bodies of Evidence

This collection of essays presents a socio-legal history of epidemics from the medieval period to the present day. Building on previous studies of infectious diseases undertaken by social historians of medicine, this collection explores the histories of epidemics and disease by looking at the legal measures deployed against them. Whilst previous works have considered the mechanisms by which legal change occurs, the social and political assumptions on which new laws and new legal structures are premised and the social changes which follow, this book focuses on the way in which historical actors understood law to be a complex means of responding to disease and the way in which that law shaped (and limited) the responses which could be made to disease. Taking an interdisciplinary approach, it features contributions from scholars across a range of academic disciplines who consider the wider implications of epidemics and disease beyond the obvious health effects. The collection focuses first on regulatory responses such as the quarantine laws and border policies in the eighteenth century, the framing of 'disease' in the Colonial Immigration Acts in the nineteenth century and the ethics of public health in the twentieth century in Great Britain. It then goes on to consider developments in broader legal doctrine which themselves resulted from social and/or legal responses to disease, including the centralisation of labour regulation in the wake of the black death, property disputes about leper houses, pest houses and fever hospitals, and the prosecution of medical professionals for disease transmission in 19th century England. Methodologically all the chapters are historical, but a range of approaches has been taken, from quite traditional doctrinal legal history through socio-legal history to traditional political and social history, to bring the history of epidemics and the legal measures deployed against them in to sharp focus.

Epidemics and the Law from Plague to the Present

Discrimination Law

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