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Blackstone’s Tower Revisited: Legal Academic Wellbeing, Marketization and the Post-pandemic Law School
Get PDFThe years since the publication of Blackstone’s Tower have witnessed an explosion of international scholarship on university law schools and legal academics. More recently, the UK, as elsewhere, has seen the emergence of a distinct interdisciplinary body of work termed ‘critical university studies’ seeking to explore multifarious dimensions of what has been widely termed the marketization of universities and their law schools; a process well under way by the time Blackstone’s Tower first appeared but which has since gathered pace. This article will explore the nature of these changes and, more specifically, assess their impact on a subject that has itself become the focus of increasing political and policy debate across the higher education sector over the past decade; the wellbeing and mental health of those who inhabit the contemporary university.
Focusing specifically on legal academics, the subject of a growing body of recent research, the article will chart both changes and continuities that have occurred within understandings of legal academic wellbeing since Blackstone’s Tower was published; and, interweaving a discussion of the impact of the global pandemic of 2020 on wellbeing in university law schools, taking place at the time of writing, consider how Covid-19 is reshaping our understandings both of the ‘private life’ of the law school, as discussed by Fiona Cownie, and of legal academic wellbeing as a focus of socio-legal study.
Keywords: legal academics; wellbeing; mental health; UK universities; legal profession; marketization; critical university studies
Introduction to the Special Section: Law, Public Policy and the Covid Crisis—Part One
Get PDFIntroduction to the Special Section
The Plain Meaning Rule and Transitional Provisions in Legislation: Occasional Misunderstandings
Get PDFIn the Cayman Islands, a British Overseas Territory, the Grand Court, purportedly applying the plain meaning rule, held that the Health Services Authority Law barred suits against government hospitals unless there was bad faith. Within about six weeks, the Government amended the provision to expressly add negligence as a ground of suit. An attempt to apply the amended legislation to the case that led to the amendment failed. This note examines whether the plain meaning rule was properly applied and the extent to which matters pending before courts and other public authorities can be affected by new legislation.
Keywords: presumption against retrospectivity; transitional; procedural legislation; vested rights; pending; immediate effect; Hansard; retrospective; retroactive
A National Emergency or a Public Health Crisis? Reflecting on the 2020 and 2021 Manx Responses to the Global Pandemic
Get PDFThe Isle of Man, a self-governing Crown Dependency, developed its own response to the global pandemic, including strict border controls and periods of lockdown. In 2020, this was given legal effect through the declaration of a formal State of Emergency, while, in 2021, similar measures were implemented under public health legislation without a State of Emergency. Framing the 2021 lockdowns as a public health crisis led to a more tightly focused response than the 2020 framing as a national emergency. Within this narrower range, however, the structure of the public health legislation as implemented provided less democratic accountability than the emergency powers legislation and reduced the emphasis given to the rules as laws, leading to a decrease in formality in relation to both creation and publication of these legal rules, and exacerbating a blurring between law and advice. These disadvantages were not, however, intrinsic to the public health legislation itself, and if corrected the public health response is to be preferred.
Keywords: pandemic; State of Emergency; public health, Isle of Man
Case Judgment: England & Wales - Bates v Post Office Ltd (No 3: Common Issues) Judgment by Coulson LJ
No full textCase citation:
Bates v Post Office Ltd ((No 3) Common Issues) Judgment by Coulson LJ on the application by the Post Office Limited to appeal against the decision in Bates v Post Office Ltd ((No 3) Common Issues) [2019] EWHC 606 (QB), (Case No A1/2019/1387/PTA), Supplement, 18 Digital Evidence and Electronic Signature Law Review (2021
Case Transcript - Bates v Post Office Limited, TLQ 17 4055 Day 8 21 March 2019
No full textCase Transcript - Bates v Post Office Limited, TLQ 17 4055
Day 8 21 March 2019
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer
Case Transcript - Bates v Post Office Limited, TLQ 17 4055 Day 1A 3 April 2019
No full textCase Transcript - Bates v Post Office Limited, TLQ 17 4055
Day 1A 3 April 2019
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer
Case Transcript - Bates v Post Office Limited, TLQ 17 4055 Day 14 4 June 2019
No full textCase Transcript - Bates v Post Office Limited, TLQ 17 4055
Day 14 4 June 2019
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer