RA6a: Additional observations, Evidence of esteem
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  1 All ER 129 at 141 (Barnard and Hare)); 'admirable discussion' (Stocznia Gdanska SA v Latvian Shipping Co  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  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  AC 254 at 283 (Hooley)); 'penetrating analysis' (Re A (children) (conjoined twins)  4 All ER 961 at 999ff (Keown)). In Attorney-General v Blake  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
(ii) Advisers to organisations
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:
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).
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Last updated 17 October 2003