Top 10 Socarxiv Papers Today in Law


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#1. Ferreira, Nuno (2016) [Review] Tarunabh Khaitan (2015) A theory of discrimination law. International Journal of Discrimination and the Law, Volume: 16 issue: 4, page(s): 247-250
Nuno Ferreira
A theory of discrimination law, by Tarunabh Khaitan, is both a significant, well-crafted contribution to the field of discrimination law and a challenge to the reader. In a field so under theorised in comparison to other close fields, such as human rights law and even employment law, this book is a welcome contribution to the increasing effort to understand and conceptualise the workings and development of discrimination law. This is not, however, a particularly accessible piece of work.
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Authors: 1
Total Words: 1922
Unqiue Words: 825

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#2. Ferreira, Nuno and Venturi, Denise (2017) Tell me what you see and I’ll tell you if you’re gay: analysing the advocate general’s opinion in case C-473/16, F v Bevándorlási és Állampolgársági Hivatal.
Nuno Ferreira, Denise Venturi
Hungary has been in the spotlight for all the wrong reasons for quite a while. From legislation targeting ‘foreign-operating universities’ to border walls to keep refugees from entering Hungarian territory, the populist right-wing government of Viktor Orban has been sparking outrage in many sectors of Hungarian society, and the European institutions. The most recent reason for alarm again relates to migration and refugees, an area of widespread criticism of Hungarian authorities. Building on extremely hostile policies towards refugees that have been admonished by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), Hungarian authorities now intend to resort to highly dubious means to assess the applications of individuals claiming asylum on grounds related to their sexual orientation. It was already public knowledge that this category of claimants was subjected to poor treatment by the Hungarian authorities, but recent events suggest that the authorities have reached a new low.
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Authors: 2
Total Words: 3268
Unqiue Words: 1116

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#3. Ferreira, Nuno (2018) Working children in England and Wales: does anyone care about their rights? British Politics and Policy LSE blog, London.
Nuno Ferreira
Judged by the level of political debate, public policy and academic literature, the work of children (under-18s) in England and Wales is neither of interest nor of concern. And yet the absence of this topic from the policy agenda is far from indicative of its lack of relevance or timeliness. In fact, figures from the Labour Force Survey suggest that about a third of young people aged 16-17 are active in the labour market. Many of these young people, and others even younger, work illegally for a range of reasons: because of the number of hours worked, their age, the type of work carried out, the time of day worked, or because they lack a work permit. Indeed, in 2013, Nils Muižnieks – the Council of Europe’s Commissioner for Human Rights – reported on children working long hours in the UK as a consequence of the late 2000s economic crisis. And in 2015, at a seminar held in Liverpool, several children of high school age spoke candidly about practices of dubious legality that they experienced at work, including low pay, informal work...
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Authors: 1
Total Words: 1418
Unqiue Words: 660

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#4. Child labour and EU law and policy: a regional solution for a global issue
Nuno Ferreira
This chapter will explore the role of the EU in creating and developing labour policies that affect children. The analysis will be framed within the context of the global debates about child labour, and will highlight the role that the EU might play in those debates. The chapter starts by sketching the main lines of the ‘child labour’ debate, the qualitative and quantitative significance of children in the EU labour market, and the relevant EU competences. It will then touch upon a range of EU labour law instruments that affect children, both as direct addressees – especially the Young Workers Directive – and collateral beneficiaries, including a variety of tools that address sex discrimination. Finally, the chapter will assess the compatibility between the instruments and policies considered and, amongst others, the CRC, the relevant ILO instruments, and the EU Charter of Fundamental Rights. The conclusion will determine the scope for improvement of the current state of affairs, and present policy recommendations.
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Authors: 1
Total Words: 13621
Unqiue Words: 3679

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#5. The Roma and European Union citizenship: in search of a humane answer from the EU
Nuno Ferreira, Dora Kostakopoulou
The expulsion of large numbers of Roma individuals from France since 2009 has raised considerable debate in the context of EU law and policy. This was, however, accompanied by other discriminatory practices and forms of hostility, exclusion and violence against the Roma, such as finger-printing in Italy and educational segregation in the Czech Republic. A comprehensive approach and strong action by the EU against these practices was defended, which led to the Commission communication on the EU Framework on National Roma Integration Strategies (2011), a non-binding Parliament resolution (2013) and the Council recommendation on effective Roma integration measures in the member states (2013). Such comprehensive approach may be in many respects appropriate, but the danger is to neglect the true relevance of concrete, enforceable and ‘hard law’ measures. This chapter thus explores the legal adequacy of EU action with regard to the Roma minority, particularly from free movement and EU citizenship perspectives. The scope for derogations...
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Authors: 2
Total Words: 11746
Unqiue Words: 3564

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#6. Commentary on R (on the Application of Begum) v Head-teacher and Governors of Denbigh High School [2006] UKHL 15
Nuno Ferreira
It is more than 10 years since the decision of the House of Lords (HL, as it was then) in Begum, but it remains as contentious and relevant as ever. In Begum, religion, age, gender, culture, and socio-economic background conflate, raising issues of equality, tolerance, autonomy, diversity, and respect. The decision alerts us to the way in which a range of socio-cultural variables affect children’s lives. This commentary discusses the significance of this decision and how this decision could have been more compelling from a children's rights perspective.
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Authors: 1
Total Words: 3922
Unqiue Words: 1502

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#7. Putting the age of criminal and tort liability into context: a dialogue between law and psychology
Nuno Ferreira
The concepts of ‘liability age’ and ‘capacity responsibility’ have been widely dissected by researchers in various fields. However, their application to both criminal and tort liability of children remains inconsistent. Furthermore, rarely has an interdisciplinary approach adequately dealt with these concepts and their impact on legal norms. This text investigates the notion of criminal and tort liability age in connection with the notion of capacity responsibility, in relation to children, and further questions the adequacy of the relevant legal norms. This endeavour to improve the applicable legal norms is supported by an analysis of the pertinent findings in the field of psychology, particularly in respect of the moral development of children. Informed by an excursion through the ideas of Piaget, Kohlberg, and Gilligan, among others, regarding the moral development of children, the text also serves to assess the impact of concepts of moral responsibility and maturity, in relation to the development of the legal norms, which...
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Authors: 1
Total Words: 11999
Unqiue Words: 3538

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#8. The harmonisation of private law in Europe and children's tort liability: a case of fundamental and children's rights mainstreaming
Nuno Ferreira
The debate around private law harmonisation in the EU has gradually moved from a narrow scope of market-related issues to the creation of a European civil code. The relationship between this process and children’s rights is, however, rarely acknowledged. The political, social and legal legitimacy of these harmonisation efforts have come under strict scrutiny, but hardly ever from the point of view of children. This article explores the impact of the process of legal harmonisation on children’s rights, and uses the issue of children’s tort liability as a case-study. The legal solutions in this field are analysed and compared, and the academic proposals for harmonisation are assessed. This choice of subject and approach allows us to assess the advisability of further harmonisation, illustrate the importance of socio-economic factors in this process, and highlight the relevance of children’s rights and fundamental rights to this debate.
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Authors: 1
Total Words: 11373
Unqiue Words: 3149

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#9. The EU free movement of persons from a Spanish perspective: Exploring its evolution and derogations
Nuno Ferreira
Although Spain is often discussed in migration studies, both for its special characteristics and for its representativeness of a larger group of European countries, the free movement of EU citizens across Spanish borders and within Spain is a matter so far insufficiently explored in legal literature. Spain has been a member of the EU for more than 25 years, however, the assessment of the implementation by Spanish authorities of EU law in this field has remained mostly limited to fairly descriptive analyses of the applicable statutory framework. This article goes beyond that and looks critically into the evolution of this statutory framework and, above all, its judicial application. Besides analysing the Spanish legal framework applicable to the free movement of EU citizens and their family members, this article explores a range of obstacles to that free movement. It concentrates particularly on the most striking obstacle to free movement - exclusion orders - by exploring in detail the rules and case law (mainly produced by the...
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Authors: 1
Total Words: 13830
Unqiue Words: 3410

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#10. Davies, Chantal, Ferreira, Nuno, Morris, Anne and Morris, Debra (2016) Editorial: The Equality Act 2010: five-years on. International Journal of Discrimination and the Law, Vol 16(2-3), 61-65
Chantal Davies, Nuno Ferreira, Anne Morris, Debra Morris
‘The Equality Act 2010: five years on’ conference was organized as a collaboration between the Forum for Research into Equality and Diversity (University of Chester) and the School of Law and Social Justice (University of Liverpool). The Equality Act 2010 has arguably been one of the most important and challenging pieces of legislation introduced in the last decade in the United Kingdom. As such, it was felt that the 5-year anniversary of its implementation provided an excellent opportunity to bring together those researching and practising in this area of law. In particular, the conference was intended to provide the opportunity for a review of the implications and impact of the legislation during this period, but also to consider the way in which it can continue to promote equality and protect against discrimination into the 21st century. As organizers, we were keen to focus the themes of the conference around the broad range of socio-legal study taking place across the United Kingdom in relation to the Equality Act 2010. While...
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Authors: 4
Total Words: 2442
Unqiue Words: 959

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