66,257 research outputs found

    Scientific Models of Human Health Risk Analysis in Legal and Policy Decisions

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    The quality of scientific predictions of risk in the courtroom and policy arena rests in large measure on how the two differences between normal practice and the legal/policy practice of science are reconciled. This article considers a variety of issues that arise in reconciling these differences, and the problems that remain with scientific estimates of risk when these are used in decisions

    Acceptance sent through email; is the postal rule applicable?

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    Purpose - This paper focuses on the application of the postal rule to email, due to the controversy surrounding the application of the “instantaneous” test to emails. Methodology/approach/design - This article analyses standards and literature on the formation of contract under English law. Findings - Although the postal rule is an invention of its time, this rule could still play a role regarding emails. Indeed, due to the difficulties in applying the “instantaneous” test to emails, emails would still be subject to the postal rule. Of course, the postal rule in its current form is no more fitting the reality. However, the benefits that such rule provides should not be lost, instead a new rule could be drafted based on the postal rule. Practical implications - This article discusses the possible improvements to the already existing framework. Originality/value - This paper analyses the use of the postal rule to electronic contracts in the UK, a topic that is not much researched but could have great importance when doing electronic business

    Are Empiricists Asking the Right Questions about Judicial Decisionmaking?

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    Finding common ground: R. (on the application of Newhaven Port and Properties Ltd) v East Sussex CC

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    Considers the Supreme Court judgment in R. (on the application of Newhaven Port and Properties Ltd) v East Sussex CC on whether a local community's recreational use of a beach had not been "as of right" within the meaning of the Commons Act 2006 s.15(4), excluding it from registration as a town or village green, as: (1) this use was in furtherance of common law public rights; or (2) they had enjoyed an implied licence arising from local byelaws
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