SCRIPTed Journal

Article: No man is an island: A critical analysis of the UK’s implementation of the Marrakesh Treaty: The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled was signed on behalf of the European Union on 30 April 2014. On 13 September 2017, the European Union created a Directive (2017/1564) implementing its obligations under the Marrakesh Treaty. This Directive and corresponding Regulations came into force on 12 October 2018, which was the deadline provided to member states in implementing the Directive. On the 11th of September 2018, the United Kingdom made the Copyright and Related Rights (Marrakesh Treaty etc.) (Amendment) Regulations 2018. The UK’s Marrakesh Regulations came into force the day before the EU deadline, and the lack of in-depth critical debate around this piece of legislation as well as the EU having initiated legal proceedings against the UK underscores the necessity of this paper. This paper seeks to assess the UK’s Marrakesh Regulations in light of both the EU legislation as well as non-EU international obligations to which the UK will remain bound beyond Brexit. This paper will ask: Can it be said that the UK in implementing the Marrakesh Treaty is fulfilling its obligations owed both to the EU as well as its own citizens?

No man is an island: A critical analysis of the UK’s implementation of the Marrakesh Treaty By Jade Kouletakis. The Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled was signed on behalf of the European Union on 30 April 2014. On 13 September 2017, the European Union created a Directive (2017/1564) implementin...

Article: Computational Normative Decision Support Structures of Forensic Interpretation in the Legal Process: A broad range of questions at various instances in the legal process can be stated and analysed in terms of formal decision theoretic models, with results conveyed in graphical terms, such as decision trees. However, the real-world decision problems encountered by the participants of a legal process, including judges, prosecutors and attorneys, present challenging features, such as multiple competing propositions, variable costs and uncertain process outcomes. This complicates decision theoretic computations and the use of diagrammatic devices such as decision trees which mainly provide static views of selected features of a given problem. Yet, the issues are inherently dynamic, and the complexity of strategic planning and assessing legal tactics – given a party’s standpoint – increases even further when considerations are extended to information provided by forensic science services. This is because introducing results of forensic examinations may impact on the probability of various trial outcomes and hence crucially impact on a party’s interests. In this paper, we analyse and discuss examples of decision problems at the interface of the law and forensic science using influence diagrams (i.e., Bayesian decision networks). Such models, hereafter called normative decision support structures, can be operationally implemented through commercially and academically available software systems. These normative decision support structures represent core computational models that can be integrated as part of decision and litigation support systems, to help the participants of a legal process answer a variety of questions regarding complex strategic decisions.

Computational Normative Decision Support Structures of Forensic Interpretation in the Legal Process By Alex Biedermann, Silvia Bozza, Franco Taroni, and Joëlle Vuille. A broad range of questions at various instances in the legal process can be stated and analysed in terms of formal decision theoretic models, with results conveyed in graphical terms, such as decision trees. However, the real-world...

Article: Remedies for Breach of Privacy: The law of privacy has developed rapidly over the course of the last two decades as a result not only of technological developments, but also rapid social change. Simultaneously the courts have been asked with increasing frequency to determine the

Book review: Remedies for Breach of Privacy By Róisín A. Costello