Modern Law Review

Papers
(The median citation count of Modern Law Review is 0. The table below lists those papers that are above that threshold based on CrossRef citation counts [max. 250 papers]. The publications cover those that have been published in the past four years, i.e., from 2021-08-01 to 2025-08-01.)
ArticleCitations
e‐Evidence Cooperation in Criminal Matters from an EU Perspective33
AleydisNissen, European Union, Emerging Global Business and Human Rights, Cambridge, Cambridge University Press, 323 pp, hb £85.009
‘AI is not an Inventor’: Thaler v Comptroller of Patents, Designs and Trademarks and the Patentability of AI Inventions8
Clarifying the Duties of the UK Judiciary Post‐Brexit: Lipton and Anr v BA City Flyer Ltd7
The Governance of Economic Unionism after the United Kingdom Internal Market Act7
The OMC, Intelligent Accountability and the Monitoring of National Tax Authorities6
Ernest J.Weinrib, Reciprocal Freedom: Private Law and Public Right, Oxford, Oxford University Press, 2022, 240 pp, hb, £90.006
The Beneficiary's Ownership Rights in the Trust Res in a Liberal Property Regime6
NaomiCreutzfeldt, ChrisGill, MarineCornelis and RachelMcPherson, Access to Justice for Vulnerable and Energy‐Poor Consumers: Just Energy?, Oxford: Hart Publishing, 2021, 336 pp, hb £85.00, pb £42.996
‘Lex Cryptographi(c)a,’ ‘Cloud Crypto Land’ or What? – Blockchain Technology on the Legal Hype Cycle6
The Sky's the Limit? SkyKick v Sky and Speculative Trade Mark Registration5
Public Nuisance and Climate Change: The Common Law's Solutions to the Plaintiff, Defendant and Causation Problems5
E. Micheler, Company Law: A Real Entity Theory, Oxford, Oxford University Press, 2021, 320 pp, hb, £80.005
Consent to Treatment for Transgender Youth: The Next Chapter – Bell & Anor v The Tavistock and Portman NHS Foundation Trust & Ors5
MarySynge, The University‐Charity: Challenging Perceptions in Higher Education, 2023, xix + 504 pp, hb £120.5
When is an Insured Vehicle an Uninsured Vehicle?5
The ‘Market’ in Criminal Law Theory5
UK Withdrawal from the EU: Supremacy, Indirect Effect and Retained EU Law5
The Charities Act 2022 and its Dissuasive Effects on Donors5
EnricoBonadio and Chen WeiZhu (eds), Music Borrowing and Copyright Law: A Genre‐by‐Genre AnalysisOxford: Hart, 2023, 704pp, hb £126.004
The Scope of the Medical Exception in Criminal Law4
Communicating Censure: The Relevance of Conditions of Imprisonment at Sentencing and During the Administration of the Sentence4
ElizabethWicks, Suicide and the Law, Oxford, Hart Publishing, 2023, 221 pp, hb £85.004
4
Vicarious Liability and Conferred Authority: Trustees of the Barry Congregation of Jehovah's Witnesses v BXB4
4
Judicial Biography in the National Security Constitution: Lord Diplock and a ‘Rather Silly Little Secret Racket’4
Trial by Cognitive Ordeal: Irrational Approaches to the Opinions of Investigators, Trial Integrity and Proof4
Issue Information3
The Aarhus Convention 1998 and the Environment Act 2021: Eroding Public Participation3
Beverley Clough, The Spaces of Mental Capacity Law: Moving Beyond Binaries, Routledge, 2021, hb, 208 pp, £130.003
Natural Rights, Constituent Power, and the Stain of Constitutionalism3
Prioritising Proof over Speculation: Resolving the Prospective Inability Problem in Contract Damages3
Issue Information3
The Presumption Against Extraterritoriality, Mutual Legal Assistance, and the Future of Law Enforcement Cross‐Border Evidence Collection3
Authenticity and Identity in Adolescent Decision‐Making3
The CJEU in Commission v Hungary Higher Education Defends Academic Freedom Through WTO Provisions2
2
Distinguishing Between Direct and Indirect Discrimination2
Employment Status and Human Rights: An Emerging Approach2
GabrielleWatson, Respect and Criminal Justice, Oxford: Oxford University Press, 2020, 256 pp, hb, £80.002
Characterising and Changing Charitable Purposes: Theories of Organisational Purpose2
BeckyBatagol, KateSeear, HeliAskola and JamieWalvisch (eds), The Feminist Legislation Project: Rewriting Laws for Gender‐Based Justice, London, Routledge, 2024, 392 pp, hb, £145.002
Coercive Human Rights and the Forgotten History of the Council of Europe's Report on Decriminalisation2
Cormac S.Mac Amhlaigh, New Constitutional Horizons: Towards a Pluralist Constitutional Theory, Oxford, Oxford University Press, 2022, xi + 256pp, hb £70.002
Proof of Foreign Nationality and Citizenship Deprivation: Pham and Competing Approaches to Proof in the British Courts2
Zalewski and the Future of Irish Public Law2
The Unfree Commons: Freedom of Marine Scientific Research and the Status of Genetic Resources Beyond National Jurisdiction2
The Change in Judicial Practice in Cases Concerning Civil Disobedience Protests and its Constitutional Significance2
Judicial Review of the Improper Policy Implementation of Treaties2
Performative Environmental Law2
Knowing receipt: continuing trusts and conscionability Byers v Saudi National Bank2
A New Definition of ‘Treasure’ under the Treasure Act 1996: Watershed Reform or Missed Opportunity?2
Directly Discriminatory Algorithms2
Phil Glover, Protecting National Security: A history of British Communications Investigation Regulation, Abingdon, Routledge, 2021, 318 pages, hb £120.002
A Tale of Two Cases and a Story Yet Untold: Access to Justice and Legal Advice under the Civil Limb of Article 6 ECHR1
1
Conceptualising Corruption and the Rule of Law1
The Defence of Public Necessity1
Has the UK Supreme Court Become More Restrained in Public Law Cases?1
Non‐Traditional Families and the Tenacity of Motherhood: Re C (Surrogacy: Consent) and Re Z (Surrogacy: Step‐Parent Adoption)1
Folúkẹ́Adébísí, Decolonisation and Legal Knowledge: Reflections on Power and Possibility, Bristol: Bristol University Press, 2023, 204 pp, hb £85.99, pb £26.991
The Right to ‘Inclusive’ Education1
Animals and Nature as Rights Holders in the European Union1
Rights‐Restricting Rhetoric: The Overseas Operations (Service Personnel and Veterans) Act 20211
Gambling Control in a Cost‐of‐Living Crisis: An Analysis of the White Paper High Stakes: Gambling Reform for the Digital Age (2023)1
ElizabethAgnew, Cyberbullying and Sexting: Regulatory Challenges in the Digital Age, Oxford: Hart Publishing, 2023, 197 pp, hb £59.501
1
James Penner, Property Rights: A Re‐Examination, Oxford, Oxford University Press, 2020, 256 pp, £84.001
A Pyrrhic Victory for Unjust Enrichment in Singapore? Esben Finance Ltd v Wong Hou‐Lianq Neil1
Climate Change, Environmental Impact Assessment and the Supreme Court: Why the Legal Detail Matters in R (Finch) v Surrey County Council1
Criteria of Validity1
Zedra Fiduciary Services (UK) Ltd v Attorney General: the Contemporary Scope of the Statutory Cy‐près Doctrine1
Falling into Line? The Hostile Environment and the Legend of the ‘Judges’ Revolt’1
MarijaJovanovic, State Responsibility for ‘Modern Slavery’ in Human Rights Law: A Right Not to Be Trafficked, Oxford: Oxford University Press, 2023, 240 pp, hb, £90.001
The Law of Central Bank Reserve Creation1
The Travels of Treason1
KateLeader, Litigants in Person in the Civil Justice System, Oxford: Hart Publishing, 2024, 179 pp, hb £85.00JessicaMant, Litigants in Person and the Family Justice System, Oxford: Bloomsbury Publishi1
Zainab BatulNaqvi, Polygamy, Policy and Postcolonialism in English Marriage Law; A Critical Feminist Analysis, Bristol: Bristol University Press, 2023, 239 pp, hb £85.001
StinePiilgaardPorner Nielsen and OleHammerslev (eds), Transformations of European Welfare States and Social Rights: Regulation, Professionals, and Citizens, Cham: Palgrave Macmillan, 2024, x + 226, pb1
William A. Robson and the Making of English Administrative Law1
AlysiaBlackham, Reforming Age Discrimination Law: Beyond Individual Enforcement, Oxford: Oxford University Press, 2022, hb, 400 pp (also available as e‐book), £80.001
Issue Information1
Gendered Capital and Litigants in EU Equality Case‐Law1
1
Jacqueline Kinghan, Lawyers, Networks and Progressive Social Change: Lawyers Changing Lives, Oxford, Hart Publishing, 2021, 209 pp, (hb), £65.00.1
OrBrook, Non‐Competition Interests in EU Antitrust Law: An Empirical Study of Article 101 TFEU, Cambridge, Cambridge University Press, 2022, 400 pp, hb £120.001
TatianaDancy, Artificial Justice, Oxford, Oxford University Press, 2023, 176 pp, hb £29.991
Issue Information1
MatthewFlindersandChrisMonaghan(eds), Questions of Accountability: Prerogatives, Power and Politics, Oxford: Hart Publishing, 2023, 344 pp, hb, £81.001
Regulatory Agencies and the Inclusion Trilemma1
At Long Last: The Recognition of Intersectional Discrimination at the ECtHR in FM v Russia1
The Sins of the Fathers: Targeted Sanctions against Family Members of Primary Targets1
The Authority of Constituent Power1
Discrimination in Abortion Law and the Message the Law is Sending: R (Crowter) v Secretary of State for Health and Social Care1
Rafael N.Fasel and Sean C.Butler, Animal Rights Law, Oxford: Hart Publishing, 2023, 240 pp, pb £24.991
A Privileged and Conventional Relationship: Legal Professional Privilege and the Law Officers’ Convention1
The EU‐UK Trade and Cooperation Agreement – Exceptional Circumstances or a new Paradigm for EU External Relations?1
Xenophobic Discrimination1
FedericoPicinali, Justice In‐Between: A Study of Intermediate Criminal Verdicts, Oxford, Oxford University Press, 2022, 278 pp, hb £80.001
LaurensLavrysen and NatasaMavronicola (eds), Coercive Human Rights: Positive Duties to Mobilise the Criminal Law under the ECHR, Oxford, Hart Publishing, 2020, 328 pp, hb, £63.001
Modern Slavery and the Commercial Activity Exception to Diplomatic Immunity From Civil Jurisdiction: The UK Supreme Court's Decision in Basfar v Wong1
Does Digital Status Unlawfully Penalise EU Citizens Accessing the UK's Private Rented Sector?1
CatherineMitchell, Vanishing Contract Law: Common Law in the Age of Contracts, Cambridge, Cambridge University Press, 2022, 259 pp, hb, £85.001
Hauptpersonalrat der Lehrerinnen: Article 88 GDPR and the Interplay between EU and Member State Employee Data Protection Rules0
Between Microeconomics and Geopolitics: On the Reasonable Application of Competition Law0
Beyond Doubt: The Case Against ‘Not Proven’0
Two Ways of Looking at a Printed Book0
THE MODERN LAW REVIEW0
The Law at an Intersection: A Meeting of Attribution, Criminal Law, and the Constructive Trust0
A Legal Framework for Using Smart Contracts in Consumer Contracts: Machines as Servants, Not Masters0
Children, Families and Social Security: Eleanor Rathbone's Welfare Legacy0
The Costs of Contractual Certainty: RTI v MUR Shipping0
New Reproductive Technologies and Genetic Relatedness0
Intellectual Property Absurdism or: How I Learned to Stop Worrying and Love IP0
Boycott, Resistance and the Law: Cause Lawyering in Conflict and Authoritarianism0
Undermining loyalty to legality? An empirical analysis of perceptions of ‘lockdown’ law and guidance during COVID‐190
0
Selective Corporate Restructuring Strategy0
‘If I Would Stay Alive, I Would Be Their Voice’: On the Legitimacy of International People's Tribunals0
Police Use of Retrospective Facial Recognition Technology: A Step Change in Surveillance Capability Necessitating an Evolution of the Human Rights Law Framework0
0
Issue Information0
Reasonableness in Capacity Law0
Medicinal Cannabis Prescribing: A Study of Boundary Work and Medico‐Legal Risk0
LukeRostill, Possession, Relative Title and Ownership in English Law, Oxford: Oxford University Press, 208 pp, hb £90.000
0
Human Trafficking: Iconic Victims, Folk Devils and the Nationality and Borders Act 20220
Institutionalising Interpersonal Ideas in Law0
Niamh Moloney, The Age of ESMA – Governing EU Financial Markets, Oxford: Hart Publishing, 2018, 392 pp, hb £81.000
Universal Jurisdiction: Law out of Context0
JamesThornton, Criminal Justice in Austerity: Legal Aid, Prosecution and the Future of Criminal Legal Practice, London: Bloomsbury Publishing, 2023, 192 pp, hb £85.000
Accidents, Crises, and Events in the Supreme Court: Paul v Royal Wolverhampton NHS Trust0
0
0
The Evolution Of Elucidation: The Snowden Cases Before The Investigatory Powers Tribunal0
HeatherDouglas, KateFitz‐Gibbon, LeighGoodmark and SandraWalklate (eds), The Criminalization of Violence Against Women: Comparative Perspectives, Oxford: OUP, 2023, 344 pp, hb £59.000
R (on the application of W80) v Director General of the Independent Office of Police Conduct: Landmark Ruling or Business as Usual?0
Making Law Possible0
Promises in Equity and at Law: Proprietary Estoppel after Guest v Guest0
Hidden Delegations: The Assignment of Contractual Rights and Consumer Debt0
Countering Terrorism in the Family Courts: A Dangerous Development0
LeahTrueblood, Referendums as Representative Democracy, London, Bloomsbury Publishing, 2024, 168 pp, hb £76.500
The International Extension of Denial of Justice0
IyiolaSolanke(ed), On Crime, Society, and Responsibility in the work of Nicola Lacey, Oxford: Oxford University Press, 2020, xi+ 268 pp, hb £80.000
Safeguarding Access to Justice in the Age of the Online Court0
D. Brakman Reiser and S.A. Dean, Social Enterprise Law: Trust, Public Benefit, and Capital Markets, Oxford: Oxford University Press, 2017, 202 pp, hb £42.490
ColinKing and JenniferHendry, Civil Recovery of Criminal Property, Oxford: Oxford University Press, 2023, 240 pp, hb £90.000
Unpicking Torts: Elements, Conditions of Actionability and Standing Rules0
Priority Setting as the Blind Spot of Administrative Law Enforcement: A Theoretical, Conceptual, and Empirical Study of Competition Authorities in Europe0
JuliaDuffy, Mental Capacity, Dignity and the Power of International Human Rights, Cambridge, Cambridge University Press, 2023, xxi+286 pp, hb £95.000
Skeleton Keys to Hospital Doors: Adolescent Adults who Refuse Life‐Sustaining Medical Treatment0
Squaring the Circle? Regional Airport Expansion, Climate Change and the Planning Regime0
S.Degeling, M.Crawford and N.Tiverios(eds), Justifying Private Rights, Oxford: Hart Publishing, 2020, vii + 283pp, hb £80.000
Imprisoned at Work: The Impact of Employee Monitoring on Physical Privacy and Individual Liberty0
The Aims and Functions of Criminal Law0
Re‐thinking the Mental Capacity Act 2005: Towards the Next Generation of Law0
The Rule of Law and Full‐Bodied Promulgation0
Ordoliberalism: What We Know and What We Think We Know0
NickPiška and HayleyGibson(eds), Critical Trusts Law: Reading Roger Cotterrell, Coventry, Counterpress, 2024, 242 pp, pb £18.000
Melvin A.Eisenberg, Legal Reasoning, Cambridge, Cambridge University Press, 2022, 117 pp, pb, £22.990
Cart Challenges, Empirical Methods, and Effectiveness of Judicial Review0
Administrative Law as a Source of Rights0
Are Litigants, Trials and Precedents Vanishing After All?0
Economic Imaginaries and Environmental Regulation0
0
S.Paterson, Corporate Reorganization Law and Forces of Change, Oxford University Press, 2020, 320 pp, hb £80.000
Prisoner Voting in the United Kingdom: An Empirical Study of a Contested Prisoner Right0
The Evolution of Birth Registration in England and Wales and its Place in Contemporary Law and Society0
0
Historiography and Constitutional Adjudication0
‘Palm Tree Justice’: The Inherent Jurisdiction in Adult Welfare Cases0
KeithEwing, Joan Mahoney and Andrew Moretta, MI5, the Cold War and the Rule of Law, Oxford, OUP, 2021, 511pp, hb £84.000
0
A New Self‐Defence Framework for Domestic Abuse Survivors Who Use Violent Resistance in Response0
Legal Parenthood, Novel Reproductive Practices, and the Disruption of Reproductive Biosex0
MihneaTănăsescu, Understanding the Rights of Nature: A Critical Introduction, Bielefeld: transcript Verlag, 2022, 165 pp, pb, €40.00.0
0
John Adenitire, A General Right to Conscientious Exemption: Beyond Religious Privilege, Cambridge: Cambridge University Press, 2020, 244 pp, hb, £85.000
RobertSpano, IuliaMotoc, BrankoLubarda, Paulo PintodeAlbuquerque, MarialenaTsirli(eds), assisted byAikateriniLazana, Fair Trial: Regional and International Perspectives/Procès équitable: perspe0
Sovereignty and the Persistence of the Aesthetic0
ImmiTallgren(ed), Portraits of Women in International Law: New Names and Forgotten Faces?Oxford: Oxford University Press, 2023, 560pp, hb £140.000
Equity before ‘Equity’0
Governing Intersystemic Systemic Risks: Lessons from Covid and Climate Change0
The Omissions Doctrine after Tindall v Chief Constable of Thames Valley Police0
The Retained EU Law Act and Regulations 2023/1417: Undercutting the UK's European Data Protection Rights Commitments?0
Why Offences Specific to Prostitution are Unjustified0
Is Interference with a Corpse for Procreative Purposes a Criminal Offence?0
The UK GDPR, the Immigration Exception and Brexit: Interrogating Open Rights Group v Secretary of State for the Home Department and its Aftermath0
Reconciling Contract Law's Objective and Subjective Standards0
The Continuity of a Legal System0
Mobilising the Market: An Empirical Analysis of Crowdfunding for Judicial Review Litigation0
Corrigendum to ‘Constitutional Directives: Morally‐Committed Political Constitutionalism’0
The Possibility of Lawful Act Economic Duress:  Pakistan International Airlines Corp v Times Travel (UK) Ltd0
Matthew C.Canfield, Translating Food Sovereignty: Cultivating Justice in an Age of Transnational Governance, Stanford University Press, 2022, 280 pp, hb US/CAN $105.00, pb US/CAN $26.000
Punitive Damages and the Place of Punishment in Private Law0
S.Fredman, Comparative Human Rights Law, Oxford: Oxford University Press, 2018, 512 pp, pb £47.490
KieranMcEvoy, LouiseMallinder and AnnaBryson, Lawyers in Conflict and Transition, Cambridge: Cambridge University Press, 2022, 300 pp, hb, £85.00.0
Anxieties about International Law: Law Debenture v Ukraine0
Ideological Constitutionalism0
Deceptive Sex: Rethinking Consent from the Gender Margins0
0
The Rights and Wrongs of No‐Platforming0
Machine Learning and the Re‐Enchantment of the Administrative State0
Chilling and Warming Effects on the Production of Legal Scholarship0
Legal Protection Against Destitution in the UK: the Case for a Right to a Subsistence Minimum0
Institutional Choice in the Internal Market0
Undue Influence and Will Substitutes: Vitiating Transactions that Blur the Boundaries between Life and Death0
Making Constitutionalism Progressive Again: A Primer on City Constitutionalism and State (Re)Formation in a New Constitutional Geography0
Intersex Interventions as Human Rights Violations: The European Court of Human Rights Sets Out Guiding Principles in M v France0
Adieu to Attribution0
Guilty Plea Decisions: Moving Beyond the Autonomy Myth0
Challenging Parole Decisions in England and Wales: Reconsideration and Set Aside0
THE MODERN LAW REVIEW0
Public (Trust) Rights in Open Space: Day v Shropshire Council0
DeFi Common Sense: Crypto‐backed Lending in Janesh s/o Rajkumar v Unknown Person (‘CHEFPIERRE’)0
RobertStevens, The Laws of Restitution, Oxford: Oxford University Press, 2023, 496pp, hb £90.000
Authorising Crime: The Covert Human Intelligence Sources (Criminal Conduct) Act 20210
Rights, Common Good, and the Separation of Powers0
0
(Un)reasonable excuses – On R v Dunleavy, R v Copeland, and Section 580
Managing Allegations Concerning Black and Asian Police Officers, Cultural Competence and Reflective Practice under the Police (Conduct) Regulations 20200
0
Back to School: Matthew Kramer's Freedom of Expression as Self‐Restraint0
VeraPavlou, Migrant Domestic Workers in Europe: Law and the Construction of Vulnerability, Oxford, Hart Publishing, 2021, 166pp, hb £76.500
Issue Information0
False Beliefs and Consent to Sex0
Meghan Campbell, Women, Poverty, Equality: The Role of CEDAW, Oxford, Hart Publishing, 2018, 328pp, eBook £27.000
SamiaBano (ed), The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain, London and New York, Routledge, 2023, 142 pp, hb, £45.990
The Human Fertilisation and Embryology Act 1990 and Non‐Traditional Families0
Joseph Raz as a Political Philosopher0
CristyClarke and JohnPage, The Lawful Forest: A Critical History of Property, Protest and Spatial Justice, Edinburgh: Edinburgh Critical Studies in Law, Literature and the Humanities, 2022, 225 pp, hb0
Debtholder Stewardship0
The Challenge of ‘Factual Hard Cases’ for Guilty Plea Regimes0
Redefining Compensation under International Law: the Methodology of the International Court of Justice in DRC v Uganda0
The Connection‐Friction Axis in Devolved Health Policy and Law‐Making in the UK: A Case Study of Organ Donation0
The View from the Top: Visual Intrusion as Nuisance in Fearn v Tate Gallery0
Marie Tidball, Disabling Criminal Justice: The Governance of Autistic Adult Defendants in the English Criminal Justice System, Oxford, Hart Publishing, 2024, 296 pp, hb, £85.000
When our Paths Cross Again: The Supreme Court's Management of Related Asylum and Child Abduction Claims in G v G0
Plainly Wrong0
Law School 2061Ψ0
E Christodoulidis, The Redress of Law: Globalisation, Constitutionalism and Market Capture, Cambridge: Cambridge University Press, 2021, 350 pp, pb £34.990
The Electrical Contractors Case: Irish Supreme Court Illuminates Collective Bargaining and Delegated Legislation0
R. Catterwell, A Unified Approach to Contract Interpretation, Oxford: Hart Publishing, 2020, 320 pp, hb £72.000
The Second‐class Citizen in Legal Theory0
0
A Post‐Neoliberal European Order? Public Purpose and Private Accumulation in Green Industrial Policy0
Efobi v Royal Mail Group: Much Ado About Nothing?0
William Rodolph Cornish (1937‐2022)0
Expertise, Public Health and the European Convention on Human Rights: Vavřička v Czech Republic0
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