Balancing the rights of parents and children: The Children (Scotland) Bill 2019
Report
Barnes Macfarlane, L. (2019)
Balancing the rights of parents and children: The Children (Scotland) Bill 2019. https://www.parliament.scot/parliamentarybusiness/CurrentCommittees/112969.aspx: Scottish Parliament Justice Committee
The Scottish Government is in the process of updating the Family Justice system. This includes the legislation regulating how family court law cases (i.e. disputes about chil...
Realizing the objectives of public international environmental law through private contracts: the need for a dialogue with private international law scholars
Book Chapter
Morgera, E., & Gillies, L. (2018)
Realizing the objectives of public international environmental law through private contracts: the need for a dialogue with private international law scholars. In V. Ruiz Abou-Nigm, K. McCall-Smith, & D. French (Eds.), Linkages and Boundaries in Public and Private International Law (175-198). London: Hart: Bloomsbury. https://doi.org/10.5040/9781509918652.ch-008
This chapter maps little-studied interactions between public and private international law by comparing experiences in using private contracts to specify the meaning of intern...
Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development
Journal Article
Barnes Macfarlane, L. (2018)
Patrick v Patrick and Re A letter to a Young Person : Judicial Letters to Children – an Unannounced, but not an Unwelcome, Development. Edinburgh Law Review, 22(1), 101-107. https://doi.org/10.3366/elr.2018.0458
"A letter", Nietzsche once wrote, "is an unannounced visit, the postman the agent of rude surprises". Given the extremely personal nature of many family law judgments, it is r...
Of Texts and Drama: Delivering Justice in Bhutan.
Journal Article
Whitecross, R. W. (2017)
Of Texts and Drama: Delivering Justice in Bhutan. Buddhism, Law & Society, 2,
This paper presents a short history of the development of legal texts in Bhutan with some analysis of how the later texts reflect the globalized language of the rule of law re...
The Legal Challenges of Social Media
Book
Mangan, D., & Gillies, L. E. (Eds.)
(2017). The Legal Challenges of Social Media. Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781785364518.00027
Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The...
Getting the balance right: human rights in residual jurisdiction rules of English courts for cross-border torts via social media
Book Chapter
Gillies, L. E. (2017)
Getting the balance right: human rights in residual jurisdiction rules of English courts for cross-border torts via social media. In L. E. Gillies, & D. Mangan (Eds.), The Legal Challenges of Social Media (249-269). Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781785364518.00027
This chapter elects as its focus the need to balance human rights in English residual jurisdiction rules for cross-border torts via social media. Private international law app...
Section 11 Orders and the “Abuse” Provisions: Family Lawyers’ Experience and Understanding of Section 11(7A)-(7E)
Journal Article
Whitecross, R. W. (2017)
Section 11 Orders and the “Abuse” Provisions: Family Lawyers’ Experience and Understanding of Section 11(7A)-(7E). Edinburgh Law Review, 21(2), 269-275. https://doi.org/10.3366/elr.2017.0419
No abstract available.
Use and Implementation of OCR Chapter 33AA in Section 11 Order Proceedings.
Report
Whitecross, R. & Lindsay, C. (2017)
Use and Implementation of OCR Chapter 33AA in Section 11 Order Proceedings. Edinburgh: Scottish Courts and Tribunal Service
This report presents the findings of a small-scale study designed and undertaken by the researchers between October 2016 and February 2017. The research was commissioned by th...
Law, “Tradition” and Legitimacy: Contesting Driglam Namzha
Book Chapter
Whitecross, R. W. (2017)
Law, “Tradition” and Legitimacy: Contesting Driglam Namzha. In J. D. Schmidt (Ed.), Development Challenges in Bhutan: Perspectives on Inequality and Gross National Happiness (115-134). Cham, Switzerland: Springer. https://doi.org/10.1007/978-3-319-47925-5_7
During the 1990s, the High Court of Justice played a significant role in the promotion of Bhutanese culture, intertwining the development of the Bhutanese legal system with Bh...
Article 3 and Adoption in and from India and Nepal
Book Chapter
Whitecross, R. (2016)
Article 3 and Adoption in and from India and Nepal. In E. E. Sutherland, & L. Barnes MacFarlane (Eds.), Implementing Article 3 of the United Nations Convention on the Rights of the Child (213-230). New York: Cambridge University Press
Nepal has experienced an increase in intercountry adoption in recent years. Following the opening up of authorisation to arrange adoptions, the number of child centres offerin...