St Andrews Law Journal
Law
The University of St Andrews Law Journal is a student led publication designed to offer students and staff access to a variety of articles, reviews, and analyses in the field of law and legal humanities.
Articles in this Journal
The Limits of Liability: Anglo-American Organisations and Vicarious Liability from the 19th Century to the Present
This paper, ‘Limits of Liability’, shall focus on the recent history of the concept of vicarious liability in Anglo-American common law from the 19th century to the present.
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How Should the State Interact Constitutionally with Corporations which have significant power and influence over its population? Lessons from the Impeachment of Warren Hastings, 1788-1795
How to maintain constitutional accountability over large corporations is an increasing theme in contemporary politics. The impeachment trial of Warren Hastings in 1788-1795 addressed this directly with the behaviour of the East India Tradi...
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Truth or Consequence: How the 1950s Quiz Show Scandal Shaped American Audiences
This paper offers an overview of the 1950s American quiz show scandal that revolved around the ‘rigging’ of CBS and NBC programs The $64,000 Question and Twenty-One during an unprecedented transformation and rapid growth of the postwar Ame...
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Detention of Private Persons by Private Persons as a Delictual Wrong: Liability for Deprivation of Liberty in Scots Private Law
Jonathan Brown is a lecturer in Scots Private Law at the University of Strathclyde in Glasgow. Previously he was a lecturer in law at Aberdeen’s Robert Gordon University. Jonathan considers himself to be a private law generalist and dabbli...
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The Case Against Rudolf Nureyev: A Legal Case Study of the KGB’s Pursuits against Defectors
This article will investigate the legal investigation against Rudolf Nureyev that led to his defection, as well as the legal limitations placed upon him by the USSR after permanently settling in the West. It will also track the legal pursu...
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The Gender Recognition Act: Past, Present and Future
This article shall focus on the landmark 2004 Gender Recognition Act and associated legal cases. It will explore the legal rulings that lead to the Act being passed, the content of the Act and the impact this had on the transgender communi...
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Legal Rigidity and Digital Fluidity: Relationships between the State and the Internet
This paper shall focus on the transformative nature of technology, namely in facilitating criminal and terrorist activity and the unique challenges to regulation. The Internet requires a re-examination of static concepts of territorial bou...
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Law and the Quest for Autonomy in the Western Tradition
This paper shall focus on the evolving features of autonomy and normativity in Western societies. The autonomy of Law as a product of deliberate will, regardless of other metaphysical or scientific considerations, is perpetually questioned...
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After the Flight
Following the deposition of Mary, Queen of Scots in 1567, she fled first to Lochleven and, following defeat by supporters of James VI, she fled south to England seeking refuge. In England, Queen Elizabeth I allowed for conferences at York...
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Trading with the Enemy in the Great War
This article considers the delicate circumstances arising from the outbreak of the Great War and existing trade at the immediate date of the declaration of war. The decision to prosecute, or not to prosecute, for criminal charges is never...
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The Post-Brexit Need for a Data Adequacy Decision to Engage in Mutual Assistance in Criminal Matters with the EU
There is a need for the UK and EU to continue mutual assistance in criminal matters. As a Member State, Mutual assistance in criminal matters between was primarily governed by an EU convention. This convention builds on existing Council of...
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State Prevention Targeting Persons Attracted to Minors in Europe
More than a decade ago, innovative legal obligations were created in Europe to provide persons who fear that they might commit child sexual offences with access, where appropriate, to effective intervention programmes or measures designed...
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Why Rape Law Revisions should be Consistent with Anderson’s Negotiation Model
In this essay I argue that the current law structure unobjectionably fails to protect women against cases of rape and needs reform. I further maintain that Anderson’s suggestion of ‘negotiation consent’ is the most appropriate line of refo...
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Post-Brexit Recognition and Enforcement of Judgements: Problems and Solutions
The reciprocal recognition and enforcement of judgments is key for the globalised economy in which we live. Post-Brexit, there has been a significant change in the legal infrastructure that formerly allowed for the recognition and enforcem...
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Achieving Environmental Justice: The Role of Climate Finance and International Cooperation between Developed and Developing Countries
As climate change continues to exert systemic impacts worldwide through physical and transitional risks, the environmental justice gap between developed and developing countries is becoming increasingly pronounced. Addressing the complex c...
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