Law: Recent submissions
Now showing items 21-40 of 82
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‘What Is? What If? What Next?’ Why institutions must urgently identify, support, and celebrate their student-parents – and imagining a world in which they do soStudents who have dependent children are ‘relatively invisible in the policy and physical spaces of universities’ (Moreau and Kerner, 2015: p.4), are ‘ignored or only briefly mentioned’ in governmental communications (Moreau, 2014: p2), and are impossible to track in terms of entrance to, performance at, or attrition rate from, higher education. There is no obligation on institutions in England and Wales to compile data on their students’ family circumstances (Moreau, 2014), and as such student-parents at such institutions can remain unidentified and unsupported throughout their higher education journey. With the aim of adding urgency to the calls to take the first step in supporting student parents, this paper uses Hopkins’ (Hopkins, R., 2019; 2022a) ‘what is? what if? what next?’ method to stimulate conversation about this overlooked cohort and to visualise the ways in which student-parents could be supported and celebrated by their institutions if they were visible participants in higher education. The article underlines why the higher education sector should collect data on student-parents (‘what is’); presents a vision of the university of the future which collects data from, and thus is able to support and celebrate, its student-parent population (‘what if’); and urges higher education institutions, in the absence of a national requirement to do so, to compile data on an institutional level which in turn facilitates the retention, progression, achievement and satisfaction of this committed and motivated cohort (‘what next’).
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Let’s get visible: evidence-based interventions aimed at supporting, empowering and celebrating student-parents in higher educationThis paper analyses the findings of a two-stage small-scale research project investigating the needs of undergraduate students with dependent children (‘student-parents’) studying in a post-1992 university. The findings of Stage 1 of the study, using data from semi-structured interviews with student-parents, show that student-parents need two things from their institution: a sense of belonging and flexibility. In Stage 2, a questionnaire survey was used to explore the impact of two interventions piloted during the 2021-22 academic year to address the Stage 1 findings. The paper then presents the next steps in this project: co-creation, with students, of systems designed not only to make visible our student-parent community but also to support, empower and celebrate their identities as student-parents.
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Sustainable and Inclusive Growth Commission Inclusive Economy Working Group Evidence ReportThis report sets out an overview of the evidence collated by the Inclusive Economy Working Group (IEWG) in line with the timetable provided by the Sustainable and Inclusive Growth Commission (SIGC). It commences with an outline of the IEWG remit as agreed following consultation. It then explores the nature of inclusive growth (IG) and the legislative context. The report then moves onto a discussion of the data collected on inequalities at a sub-regional, local authority and national level before setting out the activities which are already being rolled out in relation to the IG agenda at a local level. Finally, the report will set out exemplar approaches towards IG beyond the sub-region before exploring how the evidence collated will inform next steps for the IEWG feeding into the SIGC timetable for action and the SIGC Report which was launched in November 2022.
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Reinvigorating the drive to improve diversity across the legal sector through improved flexibility and targeted actionAn opinion blog on the need to ensure flexibility within the workplace to improve gender representation and diversity within the legal sector supporting the research carried out by LexisNexis on the future of law.
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Working smarter, not harder, to address the gender pay gap in the legal professionBlog opinion piece discussing the need to work in a more nuanced and efficient manner to address the gender pay gap within the legal sector.
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A Practical Toolkit: Eight Steps to Identifying, Supporting and Celebrating Student-ParentsUnlike many cohorts attending university under the Widening Participation agenda, student-parents are not considered by the Office for Students to be an underrepresented group. They are not, therefore, required to feature in institutional Access & Participation Plans, meaning that student-parents, and their needs, frequently go undetected by their institutions and departments. The eight steps in this toolkit represent a practical (yet research-informed) approach to identifying, supporting, and celebrating this committed and motivated cohort. It includes some practical tips on how institutions and/or departments can complete each of the recommended steps.
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Qualifying Work Experience in England & Wales: the opportunities and risks presented to university law clinicsThis commentary details the sweeping changes to the route to qualification as a solicitor in England and Wales brought about in September 2021, and considers the opportunities and risks presented to university law school clinics by one aspect of this route: the new system of Qualifying Work Experience (QWE). The article reflects on the opportunities for law clinic development, innovation and recognition offered by QWE and weighs these up against the potential risks that will need to be managed carefully to avoid them becoming a threat to law clinic enhancement. The article considers the results of an early data gathering exercise to garner clinician and student volunteer perspectives on QWE within its first year of operation.
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A Climate Security Initiative: Another Way to Make International Climate LawThis paper intends to strike a practical tone and focus on the possibility of a CSI being introduced as soon as possible. By exploring this option it is the intention of this paper to provide policy makers and those willing states a means in which to pursue a more robust climate response agenda. The paper is structured according to three main questions: has international climate law failed; what model of response and benefit does the PSI offer; how could a CSI be created to fill the gaps left by international climate law.
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COVID-19 and the UN Security Council: should we expect an intervention?COVID-19 is a threat to international peace and security under Article 39 of the UN Charter, posing the question where is the UN Security Council? This article explores whether or not we should expect to see the UN Security Council engage the pandemic, and what obstacles may be in the way of such a move.
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‘This is not the People’s Government or the Democratic Will of the People’Despite the rhetoric from the Prime Minister’s office following the 2019 UK General Election, the appointed Government has no democratic legitimacy generally, especially regarding the decisions to leave the EU without having a second referendum and to make far-reaching changes to the UK constitution. This poses questions as to the validity of western democracy, particularly in the UK and USA.
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Brexit: The Golden Chalice of European Demos Formation?In all its chaos, divisiveness and uncertainty, Brexit has not only raised considerable constitutional questions for the United Kingdom (UK) but has also led to the European Union (EU) reflecting on its self, its direction and how it comprehends and defines its existence both internally and on the global platform. One branch of speculative discussion on what a post-Brexit EU will look like is consideration of the role that the English language will play in the EU’s institutions once the EU loses the Member State that houses the demos for whom that language is associated. Whilst much of this discussion has necessarily focused on whether a different language could become the unofficial lingua franca of the EU institutions in terms of the practicalities of its day-to-day workings, the future role and use of the English language as a democratic legitimacy tool has barely been remarked upon.
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The operation of Article 4 of Rome II Regulation in English and Irish courtsThis article makes a critical assessment of the operation of Article 4 of Rome II in English and Irish courts measuring the extent to which judges of England and Wales (hereafter England) and Ireland are interpreting Article 4 of Rome II in accordance with what the EU legislator intended.
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Corporate Social Responsibility and Chinese Oil Multinationals in the Oil and Gas Industry of Nigeria: An appraisalThis article focuses on the extant corporate social responsibility ǻCSR) practices in the oil and gas industry in Nigeria. The oil and gas sector of Nigeria has been beset by a lot of problems not limited to violence, kidnappings, eco-terrorism, and maladministration amongst others. One way of curing the inherent problems is the use of CSR by many oil multinational corporations (MNCs) operating in Nigeria. This article focuses on the Chinese oil irms operating in the oil and gas industry in Nigeria and investigates if they operate on the same basis as the Western irms. It seeks to determine whether the variants of CSR practised by non-Western irms in Nigeria have had negative or positive impacts in the oil and gas industry especially with China’s contribution to Nigerian economy.
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Women and the Law in Nigeria: A ReappraisalWomen in Nigeria face many challenges and discrimination under some extant laws. This paper will focus on some of these laws and their impacts on women in Nigeria. The first section will focus on a brief history of Nigeria as a background to the paper. Nigeria’s unique legal system will be briefly highlighted. The second section of the paper will highlight aspects of Nigerian laws accentuating discrimination against women. Some of these laws will include the Labour Act, the Police Act, customary practices and sexual violence laws amongst others. The third part of the paper will focus on the reforms of the extant laws. Some of these reforms include judicial activism of judges in Nigeria, regional and international treaties which Nigeria has signed and ratified (and in some cases, domesticated), and the social activist roles of the Civil Society Groups or Non-Governmental Organisations (NGOs) in Nigeria. The fourth section will proffer some recommendations. The final section will be the concluding part of the paper
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Child abuse in England and Wales 2003–2013: Newspaper reporting versus realityThis study examined how child abuse and neglect were reported in a sample of 459 newspaper articles between 2003 and 2013 in England and Wales. The results were compared with data on child abuse and neglect over the same decade. Sexual abuse was by far the most commonly reported, in both tabloid and broadsheet newspapers. Although neglect and emotional abuse are the most common causes of child protection plans in England and Wales, neglect and emotional abuse are relatively invisible in newspaper articles, as is physical abuse. Possible explanations for this disproportionate focus on sexual abuse, which has also been found in Australia and the United States, include the fact that sexual abuse cases reach the criminal courts more often than other forms of child victimisation. Although broadsheet papers were more likely than tabloid newspapers to comment on causes and solutions beyond the individual perpetrator committing a crime, the majority of articles in broadsheet papers still did not frame either the causes or the solutions in broader terms. It seems possible that the notion of the decontextualised ‘evil’ perpetrator serves to distance journalist and reader alike from the pervasiveness and pain of child abuse. The article concludes with ideas to improve the accuracy and utility of the coverage of child abuse and neglect in newspapers.
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Realizing Substantive Rights to Healthy Environment in Nigeria: A Case for ConstitutionalizationThere has been never-ending debate concerning the right to a healthy environment and the extent to which the law has provided for or guaranteed the right in national and international contexts. Whilst some countries have expressly recognised the right to a healthy environment in their constitutions and subsidiary laws, others have relied on regional instruments and treaties to guarantee such rights, especially where domestic legislation is either lacking, inadequate or ineffective. This article will contend that constitutionalising (rather than regionalising before a human rights commission or treaty) environmental rights domestically would improve environmental outcomes in Nigeria. To further buttress the constitutionalisation argument, this article will undertake a critical analysis of the right to the environment in South Africa which has constitutionalised the right to the environment.
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Protecting and Promoting Women’s Rights in Nigeria: Constraints and ProspectsWomen in Nigeria face many challenges and discriminatory practices under some extant laws and customs. The Nigerian society is inherently patriarchal. This is due to the influence of the various religions and customs in many parts of Nigeria. Women are seen as the ‘weaker sex’ and discriminatory practices by the state and society (especially by men) are condoned. This chapter highlights some of the recent reforms that have impacted positively on the promotion and protection of women’s rights in Nigeria. These reforms include the appointment of female Justices to the Supreme Court and the enactment of laws such as the Violence against Persons (Prohibition) Act 2015 amongst others. This paper contends that notwithstanding the development of these reforms and laws, women in Nigeria still face many state sanctioned discriminatory practices. The methodology adopted in this study is of a qualitative nature that consists of library based texts analysis.
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Equality at work? positive action in gender segregated apprenticeships (summary report)Some of Britain’s crucial industries are struggling to recruit the staff they need. As part of the Government’s commitment to meeting this skills gap, a target was set in 2015 of three million new apprenticeship starts by 2020. However, it is questionable whether the Government will meet this target or its wider aspiration to make apprenticeships more accessible. Despite this skills gap, women continue to be significantly under-represented in many parts of the economy – with little progress having been made in recent years. While there are more female than male apprentices, women remain locked out of sectors with significant skills gaps and which offer good pay and good prospects. The percentage of female engineering apprentices actually declined from 4.6% in 2002 to 3.1% in 2015.1 In construction there are just three female to every 98 male apprentices; and in Information Technology (IT) 35 females to 186 males. Addressing this chronic under-representation will give women more opportunities to enter areas of work with better quality apprenticeships, prospects and pay2 than where they are currently working – such as in the retail or caring sectors. Given this background and building on our key 2016 report, Making Apprenticeships Work for Young Women, YWT commissioned Professor Chantal Davies of the University of Chester to carry out research into the use of Positive Action (PA), with a special focus on its use in apprenticeships within engineering, construction and IT.3 The research consisted of: • A survey of over 4,000 young people aged 18-30 carried out by Populus Data Solutions; • A survey of 800 HR decision-makers carried out by YouGov to understand attitudes towards use of Positive Action in apprenticeships; • Series of focus groups and semi structured interviews with sector bodies, apprentices and science, technology, engineering and mathematics (STEM) representatives.4 • Data triangulation with literature and data from a roundtable discussion in March 2018 hosted by the Equality and Human Rights Commission (EHRC roundtable) looking at the use of Positive Action in relation to under- representation on the grounds of disability, race and gender in apprenticeships across England, Scotland and Wales. Through this research we found that there is very significant confusion about Positive Action and whether and how it can be used – despite the fact that the majority of employers were committed to measures to bring about gender equality. While not a panacea or suf cient in isolation, our research suggests Positive Action is being chronically under-utilised, which in turn is acting as a barrier to addressing the under-representation of women in key sectors within apprenticeships and beyond.
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Protection of the Environment and the International Salvage Convention 1989: An AssessmentThis article focuses on the International Salvage Convention and the protection of the environment in salvage operations. The article traces the evolution and history of the law of Salvage to its present status by using the UK as a case study. In essence, the article seeks to ascertain the extent of current international regime on salvage in protecting the environment. The question that this article poses is: Does the International Salvage Convention 1989 accord enough protection to the environment against the backdrop of global efforts to promote environmental protection and sustainable development? The article begins with a brief synopsis of the underlying principles of salvage including the rule of ‘no cure-no pay’ followed by an appraisal of the events that culminated arguably in the development of the International Salvage Convention 1989 to safeguard the environment in the course of salvage operations. A systematic analysis of the defects inherent in the International Salvage Convention 1989 vis-à-vis protection of the environment are analysed and a number of reforms are highlighted.
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Exploring positive action as a tool to address under-representation in apprenticeshipsApprenticeships are an important route into work, offering paid employment, on-the- job training and a qualification. The UK, Scottish and Welsh governments have all set targets to increase the number of apprenticeships and recognised the need to increase the diversity of those starting, participating in and completing apprenticeships. With the drive towards increasing diversity within apprenticeships, there is a need for employers, governments and policy makers to consider the tools that are available to address long-standing under-representation. This report seeks to evaluate the use of positive action to address under-representation of female apprentices in gender- segregated sectors, and disabled people and ethnic minorities in apprenticeships more broadly.
