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RA6a: Additional observations, Evidence of esteem

A. CITATIONS

A computer search reveals extensive citation of Faculty members’ work in all levels of court both nationally and internationally. Outstanding standard textbooks by Faculty members, such as Beatson’s Anson on Contract, Clarke’s Law of Insurance Contracts, Cornish’s Intellectual Property, Kevin Gray’s Elements of Land Law and Wade and Forsyth’s Administrative Law, are regularly relied upon by practitioners and judges throughout the Commonwealth. The Australian courts, as well as the domestic courts and the ECJ, have looked to Dashwood’s co-authored Substantive Law of the EEC for authoritative guidance. During the assessment period, Baker’s publications on legal history have been relied upon by the US Supreme Court and that court has also referred to Keown’s work in a landmark decision on physician-assisted suicide (Washington v. Glucksberg 117 S.Ct. 2258 (1997)).

National and international judicial appreciation of the work of Faculty members extends far beyond the established textbooks. In addition to many citations in lower courts, other work by Faculty members has been variously referred to by the House of Lords or the Court of Appeal as 'valuable analysis' (R v Chief Constable of Sussex, ex parte International Traders Ferry Ltd [1999] 1 All ER 129 at 141 (Barnard and Hare)); 'admirable discussion' (Stocznia Gdanska SA v Latvian Shipping Co [1998] 1 All ER 883 at 896 (Beatson)); 'we are indebted' (MacMillan v Bishopsgate Investment Trust plc Lexis, 4 Nov. 1998 (Fentiman); 'the best explanation that I have seen' (Boddington v British Transport Police [1999] 2 AC 143 at 172 (Forsyth)); 'stimulating and comprehensive' (Porter v Commissioner of Police Lexis 20 Oct. 1999 (K Gray)); 'trenchant academic criticism' (Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management ) Ltd [1997] AC 254 at 283 (Hooley)); 'penetrating analysis' (Re A (children) (conjoined twins) [2000] 4 All ER 961 at 999ff (Keown)). In Attorney-General v Blake [2000] 4 AER 385, 390 the House of Lords described as 'valuable' a piece by O’Sullivan, when still forthcoming.

Final courts in other jurisdictions which have made references to articles, chapters and monographs by Faculty members include the Canadian Supreme Court (Cheffins, Munday) and the High Court of Australia (Cornish, K Gray, McBride).

B. ACADEMIC DISCUSSION OF FACULTY MEMBERS' RESEARCH

Faculty members’ work is very widely cited in legal journals in the UK and abroad. Apart from the leading standard texts, many other books and articles feature frequently in American, Australian and other foreign journals. In addition to extensive journal citations, many publications have provoked significant scholarly exchanges in leading books and periodicals. For example, Kramer and Simmonds have debated with Gewirth in Southern Journal of Philosophy (1996-98). Kramer has also exchanged views with Shapiro and Coleman in Legal Theory (2000), and with Sreenivasan in the Locke Newsletter (1999 - 2000). His book, In Defense of Legal Positivism, has attracted review articles in MLR and OJLS. Allott’s influential new idealism in the theory of international law has elicited a response by Prager in the Review of International Studies (1998). Allison has exchanged views on the concept of the state in public law with Craig (see Taggart, ed., The Province of Administrative Law, 1997). Allan’s work in public law theory is the subject of lengthy critique in Goldsworthy, The Sovereignty of Parliament (1999); and Judicial Review and the Constitution (ed. Forsyth, 2000) contains an exchange with Dyzenhaus. Allan has also debated the nature of the rule of law with Craig in Public Law and LQR. Elliott and Forsyth have provoked extensive and influential debate about the constitutional foundations of judicial review in Public Law, CLJ and elsewhere. Deakin’s economic analysis of directors’ duties (co-authored contribution to Law Commission consultation paper) stimulated discussion in a special issue of Company Lawyer (1999); an article on the evolution of the employment contract has been applied by others to Australian case-law (Australian Journal of Labour Law, 1999). Keown’s writings on euthanasia have elicited fierce responses (see e.g Griffiths, Euthanasia and Law in the Netherlands (1998), van Delden in the Journal of Medical Ethics, (1999), Singer (The Age, Melbourne)). There are many other examples of significant impact across a wide range of legal scholarship.

Among appreciative reviews of recent books by Faculty members are those of Beatson’s Anson on Contract (described by J.C. Smith, in LQR, as ‘an excellent new edition of a first-class textbook’); Ibbetson's Historical Introduction to the Law of Obligations ('every advanced student of the subject will need to read, and digest, the book' -- Yale, CLJ); Fentiman’s Foreign Law in English Courts (‘a challenging and tautly argued’ work that ‘will be read with interest and enlightenment by academics and practitioners alike’ -- Fletcher, LQR); Arlidge, Eady and Smith on Contempt (‘the authors maintain the highest standards of legal scholarship throughout’, the chief legal problems being ‘confronted with great clarity and depth’ -- Laws, LQR); Allison’s A Continental Distinction in the Common Law (‘an outstanding work of scholarship’ -- Neville Brown, European Public Law; ‘a work of great scholarship and intelligence’ -- Bamforth, Public Law; ‘thoughtful and carefully written book ... will prove invaluable to any legal historian … few jurists are as familiar as Allison with both the English and the French scene and able to enter with equal ease into the worlds of Duguit and Dicey’ -- van Caenegem, Tijdschrift voor Rechtsgeschiedenis; ‘moves with ease from history to jurisprudence, from civil law to common law, from principles to procedure’ -- Harlow, OJLS); Cheffins’ Company Law: Theory, Structure and Operation (‘a rich and sophisticated piece of work . . . bound to foster productive debate for many years to come’ -- Yalden, Canadian Business LJ; ‘Cheffins has contributed significantly to making economic analysis of corporate law more accessible . . to the company lawyer’ -- McGuiness et al., Company Lawyer); Clarke’s Policies and Perceptions of Insurance (‘a splendid book in the Clarendon Law Series . . . I recommend this work without reserve’ -- Mustill, LQR; ‘an innovative exposition of English insurance law, offering new insights on virtually every page’, placing ‘insurance contract law in broader contexts and perspectives: historical, theoretical, practical, economic, sociological, societal and actuarial’ – Juta’s Insurance Law Bulletin); Virgo’s The Principles of the Law of Restitution (an ‘important addition’ to the existing literature – Grantham, New Zealand LJ).

C. CONTRIBUTION TO DOMESTIC AND INTERNATIONAL ORGANISATIONS

(i) Membership of organisations
Faculty members are members of a wide variety of domestic and international organisations. These include: the European Law Research Center, Harvard (Allott); the Civil Justice Council Committee on Enforcement of Civil Judgments and the International Association of Procedural Law (Andrews); the Competition Commission (Beatson); the Company Law Review Working Group on Company Formation, Capital Maintenance and Regulation and Boundaries of the Law (1998) (Cheffins); the Insurance Ombudsman Bureau and the International Working Group on the Law of Marine Insurance (Clarke); Chatham House’s Commission on Britain and Europe (Dashwood); the Sentencing Review Commission for Northern Ireland (Grounds); the Lord Chancellor’s Advisory Committee on Legal Education, the Legal Services Consultative Panel and the Commission on the Future of Multi-Ethnic Britain (Hepple); the Council of Europe Group of Experts (Marston); the Trust Law Reform Committee and the Company Law Review Working Party on Sanctions (Nolan); the Academic Committee of the Association of European Tax Law Professors and the Education Committee of the Chartered Institute of Taxation (Tiley); the Home Office Panel on Review of the Sentencing System (Tonry); the UK Commission on the Social Sciences (Tonry); and the ILA (British Branch) Human Rights Committee (Virgo).

(ii) Advisers to organisations
Faculty members have also advised a wide variety of organisations and committees. These include: the English representative for UNIDROIT discussion of Transnational Rules of Civil Litigation (Andrews); the European Commission’s expert on the implementation of the Working Time Directive 93/104 and the Atypical Workers Directive (Barnard); Specialist Adviser on Prisons to the House of Commons Select Committee on Northern Ireland (Bottoms); the ILA Special Rapporteur on State Responsibility (Crawford); giving evidence before the House of Lords Select Committee on the European Communities and House of Commons Foreign Affairs Committee (Dashwood); writing papers for the Law Commission, DTI, International Labour Office and European Commission (Deakin); adviser to the Lord Chancellor’s Department in connection with the proposed European Convention on the Law Applicable to Non-contractual Obligations (Fentiman); and negotiation of the private international law aspects of the UNCITRAL Convention on Receivables Financing (Fentiman); special advisers, Home Office Probation Pathfinder Programmes (Farrington, Gelsthorpe); British and American Societies of Criminology and US National Academy of Sciences (Farrington, Tonry); special adviser to the Joint Committee on Financial Services and Markets and to Commons Education and Employment Select Committee's Inquiry into Higher Education (Ferran); author of Law Commission Position papers and DTI position paper (Nolan); Consultant to Lord Justice Auld's Criminal Justice Review (Spencer); giving evidence before the House of Lords Select Committee on the European Communities (Spencer); Adviser to the Dutch and Swiss National Science Foundations (Tonry); Adviser to the Dutch Ministry of Justice on Minorities Policies and Penitentiary Sanctions (Tonry); the European Society of Criminology (Tonry, Wikström).


D. EDITORSHIPS/MEMBERSHIPS OF EDITORIAL BOARDS

Further evidence of the influence of Faculty members is the wide variety of publications which they edit or which they influence by virtue of membership of editorial boards. These publications include:
Law Quarterly Review, Modern Law Review, Cambridge Law Journal, Journal of Legal History, Journal of International Legal History, Legal Theory, Justice of the Peace Law Reports, Journal of Criminal Law, Archbold News, Criminal Law Review, Journal of Criminal Law and Criminology, Crime and Justice, Journal of Policy Studies, Criminal Behaviour and Mental Health, Howard Journal of Criminal Justice, Studies in Crime and Public Policy, Clarendon Studies in Criminology, Women and Criminal Justice, Criminal Justice: The International Journal of Policy and Practice, Punishment and Society: The International Journal of Penology, Social and Legal Studies, Yearbook of European Environmental Law, Cambridge Yearbook of European Law, Common Market Law Review, International and Comparative Corporate Law Journal, Company Financial and Insolvency Law Review, Lloyd’s Maritime and Commercial Law Quarterly, International Journal of Insurance Law, Journal of Business Law, International Review of Industrial Property and Copyright, Journal of European Financial Services Law, Butterworths' Journal of International Banking and Financial Law, Company Lawyer, Industrial Law Journal, International Survey of Family Law, Tulane Law Review, British Yearbook of International Law, Comparative Studies in International and Comparative Law, British Institute of International and Comparative Law, Journal of Armed Conflict Law, Electronic Journal of Comparative Law, Juridical Studies. Members of the Faculty edit the following Cambridge University Press series of books: Criminology; International and Comparative Law; Legal History; and Intellectual Property.

E. APPOINTMENTS TO LEARNED SOCIETIES AND OTHER HONOURS DURING THE ASSESSMENT PERIOD

The influence of Faculty members is also reflected by their membership of a wide variety of learned societies. During the assessment period four members of the Faculty were made Fellows of the British Academy (Bottoms, Crawford, Farrington and Gray); three were made Queen’s Counsel (Beatson, Cornish and Lipstein, the latter two being honoris causa); and three were made honorary Benchers of Inns of Court (Beatson, Cornish and Smith). Other elections to membership include Andrews (American Law Institute); Crawford (Hague Academy of International Law); N Jones (Council of the Selden Society); Kramer (UK Association for Legal and Social Philosophy – Vice-President); Lipstein (Institut de droit international); Spencer (Ordres des palmes académiques); Tiley (Chartered Institute of Taxation - Fellow) and Tonry (American Society of Criminology - Fellow).


Users of this website should note that the information is not intended to be a complete record of all research centres in the UK

Copyright 2002 - HEFCE, SHEFC, ELWa, DEL

Last updated 17 October 2003

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