First paragraph: Given the deluge of coverage, comment and analysis of the UK’s chaotic exit from the EU, it’s tempting to conclude that the exhausting subject of Brexit has been talked into the ground and analysed to death. But that is far from true. Take the issue of the Irish border. Many keenly understand that creating a hard border between Northern Ireland and the Republic of Ireland would threaten the fragile peace that has held for two decades since 1998’s Good Friday Agreement.
First paragraph: The area of economic, social and cultural (ESC) rights law is often misunderstood and under-utilised in the public law domain across the UK’s legal jurisdictions. Whilst public law engages with ESC rights across areas such as health, social care, education, social security, housing and social services it does not traditionally embrace broader conceptual frameworks that encompass the full international human rights framework. When socio-economic rights are addressed in the pu...
In his seminal 1989 article, "Family Law Reform in Scotland – Past, Present and Future", Professor Eric M Clive analysed family law reform at the various stages in terms of three themes: liberty, equality and protection. Adopting these themes as benchmarks, this article analyses developments in the regulation of adult relationships and in child law over the last three decades, highlighting remaining shortcomings and exploring how they might be resolved.
Decision-making authority in respect of a child in an intact family is allocated using the concepts variously known in different jurisdictions as custody, parental responsibility (or responsibilities) or guardianship, with visitation, contact and parenting time acquiring significance where the parents separate or have never lived together with their child. Set in the context of international norms and using selective, comparative examples, this chapter addresses the evolution and contemporary...
First paragraph: Backcountry skiing requires us to make decisions in an inherently uncertain environment with possibly fatal consequences. However, skills and competences to recognize and avoid the possible dangers in avalanche terrain can help to reduce these dangers and render the residual risk "acceptable." Also, there is a sense in which to be a responsible backcountry enthusiast is to be one who has acquired competences to deal with the relevant dangers. Thus, being a competent decision-...
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