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Article

Judging Reformers and Reforming Judges

Journal European Journal of Law Reform, Issue 1 2019
Keywords law reform, common law, judges, United Kingdom Supreme Court, legal reasoning
Authors James Lee
AbstractAuthor's information

    This article examines the practice and limits of judicial law reform. In particular, I consider the question of when initiation of a reform is appropriate for the judiciary as opposed to the legislature, an issue which has been a matter of controversy amongst the Justices of the United Kingdom Supreme Court. This question is assessed in the light of the institutional and constitutional competences of the courts, particularly with respect to the structure of common law reasoning. It is also argued that it is important to have regard to perspectives of the relevant judges, in understanding the individual and collective approaches to the judicial development of the law.


James Lee
James Lee is Reader in English Law and PC Woo Research Fellow 2016-2017 at The Dickson Poon School of Law, King’s College London, and Associate Academic Fellow of the Honourable Society of the Inner Temple; Senior Visiting Fellow, Gilbert + Tobin Centre of Public Law, University of New South Wales; and Visiting Professor, Hong Kong University. I am grateful to Enrico Albanesi, Mark Lunney, Jonathan Teasdale and all those who attended the Law Reform Workshop at the Institute of Advanced Legal Studies in November 2017 and a Kirby Seminar at the School of Law at the University of New England at which drafts of this article were presented. I thank both PC Woo & Co and the Faculty of Law at UNSW for the generous support for the project of which this article forms part. All views, and any errors, are my own.
Article

Incorporation Doctrine’s Federalism Costs

A Cautionary Note for the European Union

Journal European Journal of Law Reform, Issue 2-3 2018
Keywords Bill of Rights, Charter of Fundamental Rights, diversity of human flourishing, federalism, incorporation, individual liberty, jurisdictional competition
Authors Lee J. Strang
AbstractAuthor's information

    In this article, I first briefly describe the U.S. Supreme Court’s decades-long process of incorporating the federal Bill of Rights against the states. Second, I argue that incorporation of the Bill of Rights has come with significant costs to federalism in the United States. Third, I suggest that the American experience provides a cautionary note for the European Union as it grapples with the question of whether and to what extent to apply the Charter of Fundamental Rights to its constituent nations. I end by identifying options available to the European Union to avoid at least some of this harm to federalism while, at the same time, securing some of the benefit that might be occasioned by incorporating the Charter.


Lee J. Strang
John W. Stoepler Professor of Law and Values, University of Toledo College of Law. Thank you to Csongor Istvan Nagy for organizing and hosting this conference, and to the conference participants for their thoughtful comments and criticisms. Thank you as well to Michael Stahl for his valuable research assistance. This volume (The EU Bill of Rights’ Diagonal Application to Member States. Ed. Csongor István Nagy) was published as part of the research project of the HAS-Szeged Federal Markets ‘Momentum’ Research Group.
Case Reports

2017/27 Supreme Court clarifies indirect discrimination test (UK)

Journal European Employment Law Cases, Issue 3 2017
Keywords General discrimination, Indirect discrimination
Authors Soyoung Lee
AbstractAuthor's information

    The Supreme Court has given a clear explanation of how the test for indirect discrimination works, holding that it is not necessary to know why a particular group is disadvantaged by an employer’s policy in order to show indirect discrimination. This decision is not particularly helpful for employers as it makes it easier for individuals to make an indirect discrimination claim. However, the Supreme Court emphasised that it is always open to an employer to show that indirect discrimination is justified.


Soyoung Lee
Soyoung Lee is an Associate Solicitor at Lewis Silkin LLP (www.lewissilkin.com).
Case Reports

2016/52 Pregnancy and job offers (NL)

Journal European Employment Law Cases, Issue 4 2016
Keywords Gender, Pregnancy, Dismissal
Authors Anton van Leeuwen
AbstractAuthor's information

    A discriminatory refusal to offer an employee a new employment contract upon expiry of a fixed term contract is not discriminatory dismissal but a discriminatory refusal to give access to employment. The employer is liable for emotional damages.


Anton van Leeuwen
Anton van Leeuwen is an attorney at SteensmaEven in Rotterdam.

Sias Mostert
SCSH, South Africa

Leehandi de Witt
SCSH, South Africa

R.J. Lee

R.J. Lee

P. Vorwig

S. Ospina

M. Mejia-Kaiser

K. Gable

R. Lee

T. Masson-Zwaan
Article

Liability Arising from Article VI of the Outer Space Treaty: States, Domestic Law and Private Operators

Other Legal Matters I, Including Legal Aspects of Sub-Orbital Flights

Journal International Institute of Space Law, Issue 3 2005
Authors R.J. Lee

R.J. Lee

R.J. Lee

F. Eylward
Article

The Crystallisation of General Assembly Space Declarations into Customary International Law

Space Treaties, Law and Policies and Telecommunication Issues

Journal International Institute of Space Law, Issue 2 2003
Authors R.J. Lee and S.R. Freeland

R.J. Lee

S.R. Freeland
Article

Proposal for a Standard Curriculum and a General Course on Space Law

Space Treaties, Law and Policies and Telecommunication Issues

Journal International Institute of Space Law, Issue 2 2003
Authors O. Fernandez-Brital and R.J. Lee

O. Fernandez-Brital

R.J. Lee

R.J. Lee
Article

Access_open Bindingen als voorwaarden voor de voorwaarde van het goede leven? Een kritiek op Will Kymlicka's morele monisme

Journal Netherlands Journal of Legal Philosophy, Issue 3 2002
Keywords autonomie, binding, erkenning, opvoeding, voorwaarde, identificatie, identiteit, identiteitsbewijs, kind, ouders
Authors B. Leeuwen

B. Leeuwen

R.J. Lee
Article

The Impact of Arms Limitation Agreements and Export Control Regulations on Launch Activities

Other Legal Matters, Including Legal Aspects of Launch Services

Journal International Institute of Space Law, Issue 4 2002
Authors S.R. Freeland and R.J. Lee

S.R. Freeland

R.J. Lee
Article

Military Use of Commercial Remote Sensing Data

Legal Issues Arising from the Commercial Availability of High Quality Remote Sensing Imagery

Journal International Institute of Space Law, Issue 3 2001
Authors R.J. Lee

R.J. Lee
Article

Effects of Satellite Ownership Transfers on the Liability of the Launching States

State Responsibility for Liability and Non-State Space Activities

Journal International Institute of Space Law, Issue 2 2000
Authors R.J. Lee

R.J. Lee
Article

Space Tourism and Permanent Human Settlement: The Legal and Regulatory Issues

State Responsibility for Liability and Non-State Space Activities

Journal International Institute of Space Law, Issue 2 2000
Authors Y. Takaya and R. Lee

Y. Takaya

R. Lee

M.E. Davis

R.J. Lee
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