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 2021-06-01 to 2025-06-01.)
ArticleCitations
Adam Chilton and Mila Versteeg, How Constitutional Rights Matter, New York: Oxford University Press, 2020, viii + 388, hb £64.0032
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 Inventions7
The Governance of Economic Unionism after the United Kingdom Internal Market Act7
The Beneficiary's Ownership Rights in the Trust Res in a Liberal Property Regime6
e‐Evidence Cooperation in Criminal Matters from an EU Perspective6
The OMC, Intelligent Accountability and the Monitoring of National Tax Authorities6
Clarifying the Duties of the UK Judiciary Post‐Brexit: Lipton and Anr v BA City Flyer Ltd6
‘Lex Cryptographi(c)a,’ ‘Cloud Crypto Land’ or What? – Blockchain Technology on the Legal Hype Cycle6
Ernest J.Weinrib, Reciprocal Freedom: Private Law and Public Right, Oxford, Oxford University Press, 2022, 240 pp, hb, £90.005
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
D.Hallinan, R.Leenes, S.Gutwirth, and P.DeHert(eds), Data Protection and Privacy: Data Protection and Democracy, Oxford: Hart Publishing, 2020, 336pp, hb £45.005
Amanda Cooke, Pensions and Legal Policy: Lessons on the Shift from Public to Private, Oxford: Hart Publishing, 229 pp, hb £70.005
E. Micheler, Company Law: A Real Entity Theory, Oxford, Oxford University Press, 2021, 320 pp, hb, £80.005
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 £42.995
Islands and the Ocean: Three Models of the Relationship between EU Market Regulation and National Private Law5
The ‘Market’ in Criminal Law Theory5
UK Withdrawal from the EU: Supremacy, Indirect Effect and Retained EU Law5
EnricoBonadio and Chen WeiZhu (eds), Music Borrowing and Copyright Law: A Genre‐by‐Genre AnalysisOxford: Hart, 2023, 704pp, hb £126.004
4
Public Nuisance and Climate Change: The Common Law's Solutions to the Plaintiff, Defendant and Causation Problems4
The Charities Act 2022 and its Dissuasive Effects on Donors4
ElizabethWicks, Suicide and the Law, Oxford, Hart Publishing, 2023, 221 pp, hb £85.004
When is an Insured Vehicle an Uninsured Vehicle?4
4
Beverley Clough, The Spaces of Mental Capacity Law: Moving Beyond Binaries, Routledge, 2021, hb, 208 pp, £130.003
The Scope of the Medical Exception in Criminal Law3
Judicial Biography in the National Security Constitution: Lord Diplock and a ‘Rather Silly Little Secret Racket’3
Issue Information3
Trial by Cognitive Ordeal: Irrational Approaches to the Opinions of Investigators, Trial Integrity and Proof3
Vicarious Liability and Conferred Authority: Trustees of the Barry Congregation of Jehovah's Witnesses v BXB3
The Presumption Against Extraterritoriality, Mutual Legal Assistance, and the Future of Law Enforcement Cross‐Border Evidence Collection3
Communicating Censure: The Relevance of Conditions of Imprisonment at Sentencing and During the Administration of the Sentence3
Authenticity and Identity in Adolescent Decision‐Making3
The Unfree Commons: Freedom of Marine Scientific Research and the Status of Genetic Resources Beyond National Jurisdiction2
Phil Glover, Protecting National Security: A history of British Communications Investigation Regulation, Abingdon, Routledge, 2021, 318 pages, hb £120.002
Characterising and Changing Charitable Purposes: Theories of Organisational Purpose2
Coercive Human Rights and the Forgotten History of the Council of Europe's Report on Decriminalisation2
Distinguishing Between Direct and Indirect Discrimination2
BeckyBatagol, KateSeear, HeliAskola and JamieWalvisch (eds), The Feminist Legislation Project: Rewriting Laws for Gender‐Based Justice, London, Routledge, 2024, 392 pp, hb, £145.002
Prioritising Proof over Speculation: Resolving the Prospective Inability Problem in Contract Damages2
2
Directly Discriminatory Algorithms2
GabrielleWatson, Respect and Criminal Justice, Oxford: Oxford University Press, 2020, 256 pp, hb, £80.002
Proof of Foreign Nationality and Citizenship Deprivation: Pham and Competing Approaches to Proof in the British Courts2
Natural Rights, Constituent Power, and the Stain of Constitutionalism2
The Aarhus Convention 1998 and the Environment Act 2021: Eroding Public Participation2
The CJEU in Commission v Hungary Higher Education Defends Academic Freedom Through WTO Provisions2
The Change in Judicial Practice in Cases Concerning Civil Disobedience Protests and its Constitutional Significance2
Cormac S.Mac Amhlaigh, New Constitutional Horizons: Towards a Pluralist Constitutional Theory, Oxford, Oxford University Press, 2022, xi + 256pp, hb £70.002
Constitutive Powers of Executive Bodies: a Functional Analysis of the Single Resolution Board2
Rights‐Restricting Rhetoric: The Overseas Operations (Service Personnel and Veterans) Act 20211
James Penner, Property Rights: A Re‐Examination, Oxford, Oxford University Press, 2020, 256 pp, £84.001
1
Does Digital Status Unlawfully Penalise EU Citizens Accessing the UK's Private Rented Sector?1
Falling into Line? The Hostile Environment and the Legend of the ‘Judges’ Revolt’1
The EU‐UK Trade and Cooperation Agreement – Exceptional Circumstances or a new Paradigm for EU External Relations?1
Employment Status and Human Rights: An Emerging Approach1
Issue Information1
Xenophobic Discrimination1
A Pyrrhic Victory for Unjust Enrichment in Singapore? Esben Finance Ltd v Wong Hou‐Lianq Neil1
Zedra Fiduciary Services (UK) Ltd v Attorney General: the Contemporary Scope of the Statutory Cy‐près Doctrine1
Criteria of Validity1
The Travels of Treason1
The Law of Central Bank Reserve Creation1
Rafael N.Fasel and Sean C.Butler, Animal Rights Law, Oxford: Hart Publishing, 2023, 240 pp, pb £24.991
The Right to ‘Inclusive’ Education1
A Privileged and Conventional Relationship: Legal Professional Privilege and the Law Officers’ Convention1
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
Gambling Control in a Cost‐of‐Living Crisis: An Analysis of the White Paper High Stakes: Gambling Reform for the Digital Age (2023)1
FionaMacmillan, Intellectual and Cultural Property: Between Market and Community, Abingdon, Routledge, 2021, 232 pp, hb £120 e‐book £25.891
1
A New Definition of ‘Treasure’ under the Treasure Act 1996: Watershed Reform or Missed Opportunity?1
ElizabethAgnew, Cyberbullying and Sexting: Regulatory Challenges in the Digital Age, Oxford: Hart Publishing, 2023, 197 pp, hb £59.501
Knowing receipt: continuing trusts and conscionability Byers v Saudi National Bank1
CatherineMitchell, Vanishing Contract Law: Common Law in the Age of Contracts, Cambridge, Cambridge University Press, 2022, 259 pp, hb, £85.001
Modern Slavery and the Commercial Activity Exception to Diplomatic Immunity From Civil Jurisdiction: The UK Supreme Court's Decision in Basfar v Wong1
A Tale of Two Cases and a Story Yet Untold: Access to Justice and Legal Advice under the Civil Limb of Article 6 ECHR1
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
Non‐Traditional Families and the Tenacity of Motherhood: Re C (Surrogacy: Consent) and Re Z (Surrogacy: Step‐Parent Adoption)1
The Authority of Constituent Power1
Issue Information1
Zainab BatulNaqvi, Polygamy, Policy and Postcolonialism in English Marriage Law; A Critical Feminist Analysis, Bristol: Bristol University Press, 2023, 239 pp, hb £85.001
Animals and Nature as Rights Holders in the European Union1
FedericoPicinali, Justice In‐Between: A Study of Intermediate Criminal Verdicts, Oxford, Oxford University Press, 2022, 278 pp, hb £80.001
William A. Robson and the Making of English Administrative Law1
StinePiilgaardPorner Nielsen and OleHammerslev (eds), Transformations of European Welfare States and Social Rights: Regulation, Professionals, and Citizens, Cham: Palgrave Macmillan, 2024, x + 226, pb1
Performative Environmental Law1
Gendered Capital and Litigants in EU Equality Case‐Law1
AlysiaBlackham, Reforming Age Discrimination Law: Beyond Individual Enforcement, Oxford: Oxford University Press, 2022, hb, 400 pp (also available as e‐book), £80.001
Zalewski and the Future of Irish Public Law1
1
The Sins of the Fathers: Targeted Sanctions against Family Members of Primary Targets1
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
Regulatory Agencies and the Inclusion Trilemma1
Conceptualising Corruption and the Rule of Law1
Has the UK Supreme Court Become More Restrained in Public Law Cases?1
Jacqueline Kinghan, Lawyers, Networks and Progressive Social Change: Lawyers Changing Lives, Oxford, Hart Publishing, 2021, 209 pp, (hb), £65.00.1
Folúkẹ́Adébísí, Decolonisation and Legal Knowledge: Reflections on Power and Possibility, Bristol: Bristol University Press, 2023, 204 pp, hb £85.99, pb £26.991
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
Discrimination in Abortion Law and the Message the Law is Sending: R (Crowter) v Secretary of State for Health and Social Care1
1
MatthewFlindersandChrisMonaghan(eds), Questions of Accountability: Prerogatives, Power and Politics, Oxford: Hart Publishing, 2023, 344 pp, hb, £81.001
The Evolution Of Elucidation: The Snowden Cases Before The Investigatory Powers Tribunal0
Hidden Delegations: The Assignment of Contractual Rights and Consumer Debt0
Brexit, Covid‐19, and Possible Frameworks for Future UK/EU Financial Governance Cooperation0
Prisoner Voting in the United Kingdom: An Empirical Study of a Contested Prisoner Right0
Corrigendum to ‘Constitutional Directives: Morally‐Committed Political Constitutionalism’0
Law School 2061Ψ0
Debtholder Stewardship0
(Un)reasonable excuses – On R v Dunleavy, R v Copeland, and Section 580
KeithEwing, Joan Mahoney and Andrew Moretta, MI5, the Cold War and the Rule of Law, Oxford, OUP, 2021, 511pp, hb £84.000
S.Fredman, Comparative Human Rights Law, Oxford: Oxford University Press, 2018, 512 pp, pb £47.490
Reconciling Contract Law's Objective and Subjective Standards0
Universal Jurisdiction: Law out of Context0
0
Expertise, Public Health and the European Convention on Human Rights: Vavřička v Czech Republic0
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
A New Self‐Defence Framework for Domestic Abuse Survivors Who Use Violent Resistance in Response0
Children, Families and Social Security: Eleanor Rathbone's Welfare Legacy0
The Human Fertilisation and Embryology Act 1990 and Non‐Traditional Families0
0
False Beliefs and Consent to Sex0
Institutionalising Interpersonal Ideas in Law0
The UK GDPR, the Immigration Exception and Brexit: Interrogating Open Rights Group v Secretary of State for the Home Department and its Aftermath0
Ordoliberalism: What We Know and What We Think We Know0
Anxieties about International Law: Law Debenture v Ukraine0
R (on the application of W80) v Director General of the Independent Office of Police Conduct: Landmark Ruling or Business as Usual?0
The International Extension of Denial of Justice0
Cart Challenges, Empirical Methods, and Effectiveness of Judicial Review0
Are Litigants, Trials and Precedents Vanishing After All?0
Countering Terrorism in the Family Courts: A Dangerous Development0
Boycott, Resistance and the Law: Cause Lawyering in Conflict and Authoritarianism0
Rights, Common Good, and the Separation of Powers0
Safeguarding Access to Justice in the Age of the Online Court0
ColinKing and JenniferHendry, Civil Recovery of Criminal Property, Oxford: Oxford University Press, 2023, 240 pp, hb £90.000
RobertStevens, The Laws of Restitution, Oxford: Oxford University Press, 2023, 496pp, hb £90.000
0
Priority Setting as the Blind Spot of Administrative Law Enforcement: A Theoretical, Conceptual, and Empirical Study of Competition Authorities in Europe0
Examining the Structure of Remedial Law0
‘Palm Tree Justice’: The Inherent Jurisdiction in Adult Welfare Cases0
Hauptpersonalrat der Lehrerinnen: Article 88 GDPR and the Interplay between EU and Member State Employee Data Protection Rules0
S.Degeling, M.Crawford and N.Tiverios(eds), Justifying Private Rights, Oxford: Hart Publishing, 2020, vii + 283pp, hb £80.000
Two Ways of Looking at a Printed Book0
A Legal Framework for Using Smart Contracts in Consumer Contracts: Machines as Servants, Not Masters0
HeatherDouglas, KateFitz‐Gibbon, LeighGoodmark and SandraWalklate (eds), The Criminalization of Violence Against Women: Comparative Perspectives, Oxford: OUP, 2023, 344 pp, hb £59.000
The Aims and Functions of Criminal Law0
A Post‐Neoliberal European Order? Public Purpose and Private Accumulation in Green Industrial Policy0
ImmiTallgren(ed), Portraits of Women in International Law: New Names and Forgotten Faces?Oxford: Oxford University Press, 2023, 560pp, hb £140.000
Accidents, Crises, and Events in the Supreme Court: Paul v Royal Wolverhampton NHS Trust0
Melvin A.Eisenberg, Legal Reasoning, Cambridge, Cambridge University Press, 2022, 117 pp, pb, £22.990
DeFi Common Sense: Crypto‐backed Lending in Janesh s/o Rajkumar v Unknown Person (‘CHEFPIERRE’)0
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
Public (Trust) Rights in Open Space: Day v Shropshire Council0
Equity before ‘Equity’0
The Retained EU Law Act and Regulations 2023/1417: Undercutting the UK's European Data Protection Rights Commitments?0
Re‐thinking the Mental Capacity Act 2005: Towards the Next Generation of Law0
E Christodoulidis, The Redress of Law: Globalisation, Constitutionalism and Market Capture, Cambridge: Cambridge University Press, 2021, 350 pp, pb £34.990
0
The Connection‐Friction Axis in Devolved Health Policy and Law‐Making in the UK: A Case Study of Organ Donation0
Medicinal Cannabis Prescribing: A Study of Boundary Work and Medico‐Legal Risk0
CORRIGENDUM0
0
Plainly Wrong0
Sovereignty and the Persistence of the Aesthetic0
Niamh Moloney, The Age of ESMA – Governing EU Financial Markets, Oxford: Hart Publishing, 2018, 392 pp, hb £81.000
Deceptive Sex: Rethinking Consent from the Gender Margins0
R. Catterwell, A Unified Approach to Contract Interpretation, Oxford: Hart Publishing, 2020, 320 pp, hb £72.000
Same‐Sex Unions in Hong Kong and the Misuse of Comparative Law: Sham Tsz Kit v Secretary for Justice0
0
Governing Intersystemic Systemic Risks: Lessons from Covid and Climate Change0
Simon Deakin and Christopher Markou (eds), Is Law Computable: Critical Perspectives on Law and Artificial Intelligence, Oxford: Hart Publishing, 2020, xxi + 320 pages, hb £72.000
Managing Allegations Concerning Black and Asian Police Officers, Cultural Competence and Reflective Practice under the Police (Conduct) Regulations 20200
John Adenitire, A General Right to Conscientious Exemption: Beyond Religious Privilege, Cambridge: Cambridge University Press, 2020, 244 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
0
Back to School: Matthew Kramer's Freedom of Expression as Self‐Restraint0
Is Interference with a Corpse for Procreative Purposes a Criminal Offence?0
The Electrical Contractors Case: Irish Supreme Court Illuminates Collective Bargaining and Delegated Legislation0
Guilty Plea Decisions: Moving Beyond the Autonomy Myth0
THE MODERN LAW REVIEW0
Mobilising the Market: An Empirical Analysis of Crowdfunding for Judicial Review Litigation0
Citizen Led Policing in the Digital Realm: Paedophile Hunters and Article 8 in the case of Sutherland v Her Majesty's Advocate0
The Evolution of Birth Registration in England and Wales and its Place in Contemporary Law and Society0
Punitive Damages and the Place of Punishment in Private Law0
KieranMcEvoy, LouiseMallinder and AnnaBryson, Lawyers in Conflict and Transition, Cambridge: Cambridge University Press, 2022, 300 pp, hb, £85.00.0
JoBraithwaite, The Financial Courts: Adjudicating Disputes in Derivatives Markets, Cambridge: Cambridge University Press, 2020, 400pp, hb £95.000
0
Ideological Constitutionalism0
Skeleton Keys to Hospital Doors: Adolescent Adults who Refuse Life‐Sustaining Medical Treatment0
Making Constitutionalism Progressive Again: A Primer on City Constitutionalism and State (Re)Formation in a New Constitutional Geography0
The Continuity of a Legal System0
The Rights and Wrongs of No‐Platforming0
Undue Influence and Will Substitutes: Vitiating Transactions that Blur the Boundaries between Life and Death0
MihneaTănăsescu, Understanding the Rights of Nature: A Critical Introduction, Bielefeld: transcript Verlag, 2022, 165 pp, pb, €40.00.0
S. Cowan, C. Kennedy and V. Munro (eds), Scottish Feminist Judgments: (Re)Creating Law from the Outside In, Oxford: Hart Publishing, 2020, 472pp, hb £95.000
Legal Protection Against Destitution in the UK: the Case for a Right to a Subsistence Minimum0
The Possibility of Lawful Act Economic Duress:  Pakistan International Airlines Corp v Times Travel (UK) Ltd0
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
0
Authorising Crime: The Covert Human Intelligence Sources (Criminal Conduct) Act 20210
Legal Parenthood, Novel Reproductive Practices, and the Disruption of Reproductive Biosex0
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
Selective Corporate Restructuring Strategy0
Citizenship Stripping, Fair Procedures, and the Separation of Powers: A Critical Comment on Damache v Minister for Justice0
Historiography and Constitutional Adjudication0
0
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
Promises in Equity and at Law: Proprietary Estoppel after Guest v Guest0
Issue Information0
0
Imprisoned at Work: The Impact of Employee Monitoring on Physical Privacy and Individual Liberty0
IyiolaSolanke(ed), On Crime, Society, and Responsibility in the work of Nicola Lacey, Oxford: Oxford University Press, 2020, xi+ 268 pp, hb £80.000
Reasonableness in Capacity Law0
Joseph Raz as a Political Philosopher0
RobertSpano, IuliaMotoc, BrankoLubarda, Paulo PintodeAlbuquerque, MarialenaTsirli(eds), assisted byAikateriniLazana, Fair Trial: Regional and International Perspectives/Procès équitable: perspe0
Administrative Law as a Source of Rights0
JamesThornton, Criminal Justice in Austerity: Legal Aid, Prosecution and the Future of Criminal Legal Practice, London: Bloomsbury Publishing, 2023, 192 pp, hb £85.000
VeraPavlou, Migrant Domestic Workers in Europe: Law and the Construction of Vulnerability, Oxford, Hart Publishing, 2021, 166pp, hb £76.500
The Rule of Law and Full‐Bodied Promulgation0
LeahTrueblood, Referendums as Representative Democracy, London, Bloomsbury Publishing, 2024, 168 pp, hb £76.500
Squaring the Circle? Regional Airport Expansion, Climate Change and the Planning Regime0
SamiaBano (ed), The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain, London and New York, Routledge, 2023, 142 pp, hb, £45.990
‘If I Would Stay Alive, I Would Be Their Voice’: On the Legitimacy of International People's Tribunals0
The Costs of Contractual Certainty: RTI v MUR Shipping0
Institutional Choice in the Internal Market0
The View from the Top: Visual Intrusion as Nuisance in Fearn v Tate Gallery0
Making Law Possible0
Sevilleja v Marex Financial Ltd: Reflective Loss and the Autonomy of Company Law0
0
What Makes Property Liberal?0
S.Paterson, Corporate Reorganization Law and Forces of Change, Oxford University Press, 2020, 320 pp, hb £80.000
Issue Information0
The Second‐class Citizen in Legal Theory0
The Omissions Doctrine after Tindall v Chief Constable of Thames Valley Police0
Police Use of Retrospective Facial Recognition Technology: A Step Change in Surveillance Capability Necessitating an Evolution of the Human Rights Law Framework0
Human Trafficking: Iconic Victims, Folk Devils and the Nationality and Borders Act 20220
William Rodolph Cornish (1937‐2022)0
Chilling and Warming Effects on the Production of Legal Scholarship0
Efobi v Royal Mail Group: Much Ado About Nothing?0
Why Offences Specific to Prostitution are Unjustified0
Between Microeconomics and Geopolitics: On the Reasonable Application of Competition Law0
Beyond Doubt: The Case Against ‘Not Proven’0
Unpicking Torts: Elements, Conditions of Actionability and Standing Rules0
Meghan Campbell, Women, Poverty, Equality: The Role of CEDAW, Oxford, Hart Publishing, 2018, 328pp, eBook £27.000
The Law at an Intersection: A Meeting of Attribution, Criminal Law, and the Constructive Trust0
LukeRostill, Possession, Relative Title and Ownership in English Law, Oxford: Oxford University Press, 208 pp, hb £90.000
Machine Learning and the Re‐Enchantment of the Administrative State0
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