Publications

Volume X – Tenth Anniversary Special Edition

Volume X commemorates the tenth anniversary of the Journal and all those who have aided and enjoyed it. What follows is a special edition to celebrate the Journal’s history, contributors, and future aspirations.

Volume X commences with a brief preface and acknowledgements by the project’s chair, Tom Edwards. Opening remarks are then kindly provided by Dundee alumni, Amelia Mah (Advocate). The Journal opens with a thorough historical foreword of the DSLR, by Dundee alumni and passed DSLR editor-in-chief, George Dick. The Journal then moves to feature the first undergraduate submission, the winning article of the 2023 Jonathan Leslie Memorial Essay Prize Competition, written by Jack Anderson with a foreword by Brian Dempsey. This competition was funded and run by Dundee University staff, with the winning article selected by the Lord Lyon King of Arms, Joe Morrow. The journal then moves to feature two works by Dundee alumni, Mollie McGoran. The first is a LLB(Hons) dissertation which considers the equitable incorporation of non-binary identities into Scots Law, the second concerns whether IR35 taxation rules are appropriately applied to personal service companies and partnerships. The work provided by the editors of the St Andrews Law Review is then featured and considers the Suitability of Interim Trusteeship Administration in Post-War Gaza. Two award-winning articles from the University of Aberdeen are then featured; the first is by Christianna Cameron who considers minority language rights within Scots law, and the resurrection of Scottish Gaelic. The second is by Sashka Bakalova and considers the expansion of the evidential value of distress evidence in sexual offence trials in Scotland. The final article is from Aberdeen LLB undergraduate Erin Lewis and considers the value of the Pari Passu Principle in law. Closing remarks are then offered by the DSLR editorial team.

Volume 10 DSLR

Volume IX

Volume IX is composed of two articles. It includes: ‘The Success and Failures of Environmental Regulatory Systems’ by Kelsey Laird; and ‘Dual-class Shares Structure in the Premium Tier in the UK – Arguments in Favour and Applicable Conditions’ by Sergio Arias Arbeláez.

The Editorial Board offers its thanks to all the authors and peer reviewers. We hope you enjoy this wonderful issue!

Volume 9 DSLR

Volume VIII

Volume VIII is composed of three articles. It includes: ‘An Analysis of Missing and Murdered Indigenous Women and Girls: The RCMP Perpetuation of Colonial Violence’ by Kenna Draper; ‘Dealing in Good Faith? The future of an implied good faith doctrine in English Contract Law’ by Leanne-Sydonie Goodlad; and ‘Devolution has led to Tax Competition and Legal Complexity; Would Further Devolution Help or Hinder Holyrood?’ by Jock Whyte.

The Editorial Board offers its thanks to all the authors and peer reviewers. We hope you enjoy this wonderful issue!

Volume 8 DSLR

Volume VII

Volume VII is comprised of four articles of the highest standard. Grace Gubbins (LLB Edinburgh) starts us off with her insightful article, “A Critical Analysis of the Admission of
Sexual History and Bad Character Evidence of Complainers in Scots Law”. She is followed by Kristen Lew’s (JD Buffalo School of Law) topical “Human Rights Protections in the United Kingdom Post-Brexit: The Case for a Codified Constitution”. Emma McFarlane (LLB Dundee at time of submission) then arrives with 2 short, essential articles, “Concerns About the Check Employment Status Tool” and “Inheritance Tax in the UK: Reform Required”.  Finally, Robert Shiels (LLB Dundee, LLM PhD Glasgow, Solicitor) returns with another brilliant article examining the history of Scots criminal procedure, “The Reform of Summary Criminal Procedure in Edwardian Scotland”.

The Editorial Board offers its thanks to all authors and peer reviewers. We hope you enjoy this wonderful issue!

Volume VII (final)

Volume VI

Volume VI is comprised of four articles of the highest standard. Giacomo Cotti leads with an incisive investigation of the relationship between the trial and the play. He is followed by George Dick (LLM Edinburgh) whose reappraisal of Grotius’ contribution to natural law proves to be original, insightful and incredibly well-researched. Kathleen Sargent (LLM BPC University of Law, LLB Dundee at time of submission) then arrives with a current, practical evaluation of the benefits of the Bolar Exemption in Intellectual Property law. Finally, Robert Shiels (LLB Dundee, LLM PhD Glasgow, Solicitor) provides us with an incredible historical analysis of Scots criminal procedure and the origins of police interviews.

The Editorial Board offers its thanks to all authors and peer reviewers. We hope you enjoy this wonderful issue!

Volume VI (1)

Volume V, Issues 1+2

Editorial Comment and Acknowledgements

George Beaton, Can mere incompetence constitute a breach of fiduciary duty?

Francesco Cavinato & Federica Casano, AI-“Agents”: to be, or not to be, in the legal domain

Ko Tsun Kiu & Lam Wan Shu, Piercing the Corporate Veil? A critical analysis on Prest v Petrodel Resources Ltd and Others

Robert Shiels, The Investigation of Suicide in Victorian and Edwardian Scotland


Volume IV, Issue 2

For our second issue this year, we have exceptional pieces from a variety of authors. First, we have the winner of the 1st Year Prize, Kimberley Dewar, with an interesting piece on rape myths and the Scottish legal system. The next piece is a fantastic piece on the general codification of Scots Law by the Scottish Law Commission, featuring the pros and cons of codification. After that, is a very special paper from a current legal practitioner, which discusses the right of silence under Scots criminal law. Finally we have a very technical copyright piece from a University of Glasgow masters student, which discusses the impact of the GS Media case on Digital Distance Learning.

The Editorial Board hopes you enjoy this new issue!

Links to Articles:

Kimberley Dewar, Common Rape Myths and the Scottish Legal System.

Alasdair Forsyth, The Scottish Law Commission and the glistering code — Does codification simplify and modernise the law?

Robert Shiels, Scots Criminal Law and the Right of Silence.

Cheryl Warden, The Implications of GS Media v. Sanoma Media Netherlands’ ‘New Public’ on Digital Distance Learning.

Acknowledgements

Volume IV, Issue 1

Editors’ Comment

Links to articles:

Kerry Armstrong, Do Police Powers of Stop and Search in Scotland strike a fair balance between the rights of the accused, or those subject to searches, and the rights of the state?

Iain Mathieson, A Critical Assessment of the Case for Reform of National Insurance Contributions for the UK’s Self-Employed.

Daniel Mosley, ‘Public Watchdogs’: An analysis of the role of the public in Environmental Impact Assessments.


Volume III

Dedication

Volume III of the Dundee Student Law Review is dedicated to Sam Morton. He has been involved with the Law Review since its inception, his thought provoking article “Of Wigs and Gowns” a highlight of Volume I. Sadly, Sam, having been elected a Managing Editor for this publication, has been unwell forcing him to withdraw his position. The entire editorial team is wishing him a speedy recovery and dedicate Volume III to him, his friendship and his unstoppable wit.

Harry Milligan and the Editors of the Dundee Student Law Review

Links to articles:

Cedric Vanleenhove & Jan De Bruyne, EU Member States’ Courts Versus U.S. Punitive Damages Awards for Physical Harm in Football: An Attempt at Defining Best Practice.

Harry Milligan, Income Tax, National Insurance Contributions and the case for alignment.

Mark Milne, A Contextual analysis of the 2004 revisions to the substantive test for competitive harm in the EU Merger Regulation.

Mark Milne, From Injunctions to Damages: Analysis of the remedies applied by the English law of private nuisance based on the economic arguments of Ronald Coase


Volume II

This second edition of the DSLR has changed mostly in terms of layout, rather than content. During this year the editorial board wanted to improve the appearance of the review, whilst allowing the academics speak for themselves. Volume II of the Law Review will take you through yet another journey, starting of with this year’s winner of the best submission award where the author compares and provides proposals for reform on the law of ‘leave to remove’ applications in England and Scotland. The second article evaluates the law on abuse of process in England after the controversial case R v Antoine.

These two articles are subsequently followed by the commercial themed articles, covering topics from director’s remuneration to an evaluation of the ‘Arm’s Length Principle’ in International Taxation law. A difference from last year is that we also have our first joint article, which, using economic analysis considers whether the law on resale price maintenance ought to be reformed in the EU.

The links to the articles are found below. We hope that you enjoy reading this publication!

Jessica Gray, Relocation, Relocation, Relocation: A Comparative Study of ‘Leave to Remove’ Applications in England and Scotland

Kerri Montgomery, Abuse of Process: Time for Change?

Christopher Vannart and Giorgios Vrakas, A Contemporary Analysis of Whether the EU Should Reconsider its Rules on Resale Price Maintenance

Harry Milligan, Directors’ Remuneration: A Practical Critique of Corporate Governance Effectiveness

Alex Illiescu, A Game of Transfer Pricing: An Analysis of the Suitability of the Arm’s Length Principle and the Proposed Alternative of Formulary Apportionment


Volume I

Links to Articles:

Kirsty Nelson, Could forced expulsion ever be considered as falling within the scope
of Article II of the Genocide Convention?

Samuel Morton, Of Wigs and Gowns: A Critique of the Abolition of Court Dress in the Inner House of the Court of Session

Lawrie Scott-McFarlane, Substantive Equality and the Extension of Marriage

Emma Webster, Does the General Anti-Abuse Rule (GAAR) improve upon pre-existing
methods of tackling Tax Avoidance?