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LSE Law Working Papers

LSE Law Working Papers were first published in 2007. The series focuses on interdisciplinary legal scholarship in all subject areas from members of LSE Law School, doctoral students and visiting scholars. The Working Paper Series does not adopt a particular style, and papers may be submitted in any recognised style consistently applied. The papers are published electronically and are available online or through email distribution.

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To subscribe to our Working Paper Series, please email us at Law.Working.Papers@lse.ac.uk.

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For general queries about LSE Law Working Papers, please contact Jacco Bomhoff in the first instance.

Latest Working Papers

WPS 46/2025 When Credit becomes Over-indebtedness: the Role of Bankruptcy in Consumer Financial Protection by Joseph Spooner

WPS 47/2025 Real Entity Theory Without Metaphysics: How Organizations Shape Corporate Law. A Response to Stephen Bainbridge and Susan Watson by Eva Micheler and Jenkin Chim

WPS 48/2025 Liberalism as Good Ways of Life by Grégoire Webber

WPS 49/2025 Liberty and Personal Responsibility in Dworkin's Theory of Rights by Kai Möller

WPS 50/2025 Response to HM Treasury Review of the Financial Ombudsman Service by Iain Ramsay and Joseph Spooner

WPS 51/2025 Digital Disenfranchisement: How the UK's Share Digitisation Plan Undermines Investor Rights and Corporate Governance by Eva Micheler and Elena Zaccaria

WPS 52/2025 Whatever Happened to the Passive Virtues? by Martin Loughlin,

WPS 53/2025 Payments post-Philipp by Jo Braithwaite

WPS 54/2025 The Impossible Cities of EU Law by Floris de Witte

WPS 55/2025 Tapping into and Tipping Over the Carbon Budget: Historical Responsibilities for Carbon Appropriation by Marie Petersmann

WPS 56/2025 Beyond Political Decisionism and Legal Normativism: A Schmittian-Kelsenian Synthesis by Anna Lukina

22/2025: Sarah Trotter, ‘Thinking Through Hope in Law: An Introduction and a Welcome to this Special Issue of the LSE Law Working Paper Series

Section 1: Hope and the Role of Law

23/2025: Nicola Lacey, ‘Institutionalising Hope in Law?

24/2025: Jill Marshall, ‘Feminist Jurisprudence, Personal Liberation, and Hope

25/2025: Marie Petersmann, ‘Hope in Climate Justice: Tales of Transition and its Refusal

26/2026: Tola Amodu, ‘Hope in Property (or The “Hopefulness” of Property)?

27/2025: Hope and the Role of Law: A Conversation

Section 2: Hope Through Law

28/2025: Emily Jackson, ‘IVF as a “Hope Technology”

29/2025: Luke McDonagh, ‘Distinguishing Between Genuine Hope and False Hope in the Pharmaceutical Industry

30/2025: Alperen Gözlügöl, ‘Great Expectations or False Hopes? The Case of Sustainable Finance

31/2025: Elen Stokes, ‘Hope as an Object of Legal Scholarship

32/2025: Hope Through Law: A Conversation

Section 3: Looking for Hope In and Around Law

33/2025: Imelda Maher, ‘Teaching Hope: An Interdisciplinary Challenge

34/2025: Ayşe Gizem Yaşar, ‘Regulating the Digital Economy in the EU: The Hope of Redistribution

35/2025: Parashar Das, ‘Sites for Utopian Hope: From the League Against Imperialism to the International Atomic Energy Agency

36/2025: Sandhya Fuchs, ‘On the Certainty of Legal Labour: Meliorist Legalism and Habits of Hope in Hindu Nationalist India

37/2025: Chaloka Beyani, ‘Hope for Accountability Against Impunity: Investigations by the UN High-Level Fact-Finding Mission to Libya and the Indictments by the International Criminal Court for Crimes Committed in Tarhuna

38/2025: Anat Rosenberg, ‘Hope Against Autocratic Legalism: Affective Scripts During the Democratic Crisis in Israel

39/2025: Looking for Hope In and Around Law: A Conversation

Section 4: Hope and Rights, and Hope as a Right

40/2025: Matthew Wray Perry and Kimberley Brownlee, ‘The Socially Fragile Power of Hope

41/2025: Conor Gearty, ‘Living in Hope: Does a Right to Hope Make Sense?

42/2025: Marion Vannier, ‘Hope as Illusion: The European Right to Hope and the Realities of Ageing Behind Bars

43/2025: Sarah Trotter, ‘The Distinction Between an Idea of a Right to Hope and a Sense of a Right to Hope

44/2025: Hope and Rights, and Hope as a Right: A Conversation

45/2025: Sarah Trotter, ‘Reflections on Hope in Law

2025 Spring Issue

WPS 1/2025 Reforming Testamentary Capacity: The Problem of Disorder by Cressida Auckland

WPS 2/2025 Theory, Praxis and Politics in Law and Society Research – Reflections on the Cotterrell-Nelken Debate by Nafay Choudhury

WPS 3/2025 Modes of Collaboration in a Collaborative Constitution by Grégoire Webber

WPS 4/2025 Separation of Powers and the Opposition by Grégoire Webber

WPS 5/2025 The Axioms of EU Crypto-Asset Regulation by Philipp Paech

WPS 6/2025 A Qualified Defence of the Rule in Gibbs by Sarah Paterson

WPS 7/2025 The (Un-)certainty of Holding Assets as Tokens by Philipp Paech

WPS 8/2025 The Construction of Knowledge in Financial Regulation by David Murphy

WPS 9/2025 Where is the Care in Caremark? by David Kershaw

2025 Summer Issue

WPS 10/2025 The European Sports Act: A Proposal to Improve Sports Governance through EU Legislation by Jan Exner, Stephen Weatherill and Jan Zglinski

WPS 11/2025 Re-pairing Ecologies of Harm: Resisting the Material and Legal Infrastructures of “Cancer Alley” by Marie Petersmann

WPS 12/2025 False Hope and Fictitious Patents: Evaluating the Intellectual Property of OxyContin by Luke McDonagh

WPS 13/2025 The Legal Nature of the Corporate Constitution: Hickman v Kent or Romney Marsh Sheedbreeders’ Association Ltd and Tianrui v China Shanshui Cement Group by Eva Micheler

WPS 14/2025 DAOs: The Theory of the Firm and Ostromian Perspectives by Daniela Gandorfer and Eva Micheler

WPS 15/2025 What Do DAOs Really Contribute? by Edmund Schuster and Kelvin Low

WPS 16/2025 Does Corporate Governance Matter? Italian Law Regarding the Duties of Directors in the Vicinity of Insolvency by Renato Mangano

WPS 17/2025 The Limits of Corporate Responsibility for the Crimes of Senior Managers by Jeremy Horder

WPS 18/2025 Schumpeter vs Arrow? Technological Revolutions, Microsoft, and Antitrust Policy by Ayşe Gizem Yasar

WPS 19/2025 The Case for WTO Collective Action by Mona Paulsen and Dan Ciuriak

WPS 20/2025 Authoritarian Liberalism and Modern Constitutionalism: A Material Perspective by Michael Wilkinson

WPS 21/2025 Constitutionalism Revived by Martin Loughlin

2024 Spring Issue

WPS 1/2024 Institutionalising Forgiveness in Criminal Justice by Nicola Lacey

WPS 2/2024 Reforming Corporate Criminal Liability: Is the 2023 Act Too Much, or Not Enough? by Jeremy Horder

WPS 3/2024 Economic and Financial Sanctions in International Law: Nature, Sources and Reviewability by Christos Hadjiemmanuil

WPS 4/2024 Integration of Generative AI in the Digital Markets Act: Contestability and Fairness from a Cross-Disciplinary Perspective by Ayse Gizem Yasar, Andrew Chong, Even Dong, Thomas Krendl Gilbert, Sarah Hladikova, Carlos Mougan, Xudong Shen, Shubham Sing, Ana-Andreea Stoica, and Savannah Thais

2024 Summer Issue

WPS 6/2024 Constituent Power and the Material Constitution by Mike Wilkinson

WPS 7/2024 Hermann Heller's Critique of Liberalism by Mike Wilkinson

WPS 8/2024 Grand Confusion After Sanchez v. France: Seven Reasons for Concern about Strasbourg Jurisprudence on Intermediaries by Martin Husovec and co-authors

WPS 9/2024 Who Owns Football? The Future of Sports Governance and Regulation after European Superleague by Jan Zglinski

WPS 10/2024 The Pandemic Access and Benefit Sharing System: Four Elements of a Trusted System by Paul Oldham and Siva Thambisetty

WPS 11/2024 'Authorised Push Payment' Bank Fraud: What does an Effective Regulatory Response Look Like? by Jo Braithwaite

WPS 12/2024 Separate Legal Personality - An Explanation and a Defence by Eva Micheler

WPS 13/2024 A Principal’s Liability for the Wrongful Acts of its Agents by Rachel Leow

WPS 14/2024 Tax Reforms and the Decline of the London Stock Market: The Untold Story by Suren Gomtsian and Edmund Schuster

WPS 15/2024 Property and (Extra)legality in Uneven Development in Post-Mao China: A Scaled Analysis by Ting Xu

WPS 16/2024 Cold-War Private International Law by Jacco Bomhoff

2024 Winter Issue

WPS 17/2024 Environmental Clauses in Investment Arbitration: Deep Roots, Green Shoots, and Dead Wood by Oliver Hailes

WPS 18/2024 Lessons from the US Inflation Reduction Act: Retooling the Regulation of Environmental Subsidies for the Net-Zero Economy Transition by Giulia Claudia Leonelli and Francesco Clora

WPS 19/2024 Entangled Harms: A Reparative Approach to Climate Justice by Marie Petersmann

WPS 20/2024 Institutional Theory for Corporate Law: An Invitation by David Gindis and Eva Micheler

WPS 21/2024 The Decline of Stock Markets in the UK: Is Regulation to Blame and Deregulation a Fix? by Alperen Gözlügöl

WPS 22/2024 Extra-territorial regulatory action in the financial markets: Does the EU third country central counterparty regime go too far? by Jo Braithwaite and David Murphy

WPS 23/2024 Equal Treatment and The Mandatory Bid Rule by Edmund Schuster

WPS 24/2024 Bail-in’s unfulfilled promise by Christos Hadjiemmanuil

WPS 25/2024 Living with a sense of a right to hope by Sarah Trotter

2023 Spring Issue

WPS 1/2023 Regulating by Industry Consensus - the Case of Digitising the UK Securities Market by Eva Micheler and Elena Christine Zaccaria

WPS 2/2023 Senior Corporate Managers' Criminal Liability for the Crimes of Employees or Agents by Jeremy Horder and Gabriele Watts

WPS 3/2023 Putting to Work the Uncanny: Historical Argument in International Economic Law by Oliver Hailes

WPS 4/2023 Pathogen Genomes as Global Public Goods (and why they should not be patented) by Jorge L Contreras

WPS 5/2023 The Customary Duty to Prevent Unabated Fossil Fuel Production: A Tipping Point for Energy Investment Arbitration? by Oliver Hailes

WPS 6/2023 Synthetic Data: Legal Implications of the Data-generation Revolution by Michal Gal and Orla Lynskey

WPS 7/2023 Does Big Brother exist? Face Recognition Technology in the United Kingdom by Giulia Gentile

WPS 8/2023 Police Powers in a Pandemic: Investment Treaty Interpretation and the Customary Presumption of Reasonable Regulation by Oliver Hailes

WPS 9/2023 Imperium in Homeland Insecurity: The Rise and Rise of Global Anti-Terrorism Laws by Conor Gearty

WPS 10/2023 On metaphor and meaning: The autonomy of EU legal order through the lens of project and system by Jacob van de Beeten

WPS 11/2023 The Old Commonwealth Model of Constitutionalism by David Dyzenhaus and Thomas Poole

WPS 12/2023 Populism and Administrative Law by Carol Harlow and Richard Rawlings

WPS 13/2023 Prerogative by Thomas Poole

2023 Summer Issue

WPS 14/2023 The Irish Commission on Taxation and Welfare 2021-2022: An Exercise in Strategic Policy Making by Colm O’Reardon and Niamh Moloney

WPS 15/2023 From Schoolyards to Factory Floors by Roxana Willis

WPS 16/2023 Third Countries and EU Financial Market Access: Technocracy, Politics, and the End of Deference? by Niamh Moloney

WPS 17/2023 Controlling Non-Controlling Shareholders: The Case of Effective Control by Moran Ofir

WPS 18/2023 Women and COVID-19: A Gender Perspective on the Socio-Economic Crisis and the Opportunities for Change by Michal Agmon-Gonnen

WPS 19/2023 Who Shares the Sharing Economy? by Ronit Levine-Schnur and Moran Ofir

WPS 20/2023 Leading Wherever They Want? CSR, ESG and Directors’ Duties by Jens-Hinrich Binder

WPS 21/2023 The Right to Justification and the Culture of Justification by Kai Moller

WPS 22/2023 Excluded Categories of Prerogative Power: An Idea that Never Was by David Kershaw

2023 Winter Issue

WPS 23/2023 Valuation of Compensation in Fossil Fuel Phase-Out Disputes by Oliver Hailes

WPS 24/2023 The Unfree Commons: Freedom of Marine Scientific Research and the Status of Genetic Resources Beyond National Jurisdiction by Siva Thambisetty

WPS 25/2023 Critical Raw Materials, the Net-Zero Transition and the 'Securitisation' of the Trade and Climate Change Nexus: Pinpointing Environmental Risks and Charting a New Path for Transnational Decarbonisation by Giulia Claudia Leonelli

WPS 26/2023 The Eco-Agency Problem and Sustainable Investment by Moran Ofir and Tal Elmakiess

WPS 27/2023 Legislative Measures and Legislators' Motives by Grégoire Webber

WPS 28/2023 Global Tax Hubs by Eduardo Baistrocchi

WPS 29/2023 Gilead Constitutionalism by Grégoire Webber

WPS 30/2023 The Expert Briefing Document: A Developing Country Perspective on the Making of The BBNJ Treaty by Siva Thambisetty, Paul Oldham, Claudio Chiarolla

WPS 31/2023 Climate Risk and Corporate Rescues by Alperen Gözlügöl

2022 Spring Issue

WPS 1/2022 Patrick Devlin’s The Enforcement of Morals Revisited: Absolutism and Ambivalence by Nicola Lacey

WPS 2/2022 The Tradition of the Material Constitution in Western Marxism by Marco Goldoni and Michael Wilkinson

WPS 3/2022 Proportionality in Comparative Law by Jacco Bomhoff

WPS 4/2022 Lüth and the ‘Objective System of Values’: From ‘Limited Government’ towards an Autonomy-based Conception of Constitutional Rights by Kai Möller

WPS 5/2022 Authoritarian Liberalism and the Transformation of Modern Europe: Rejoinder by Michael Wilkinson

WPS 6/2022 Making Legal Knowledge Work: Practising Proportionality in the German Repetitorium by Jacco Bomhoff

WPS 7/2022 Prosecuting Rap – What does the case law tell us? by Abenaa Owusu-Bempah

WPS 8/2022 What kind of thing is a Central Counterparty? The Role of Clearing Houses as a Source of Policy Controversy by Rebecca Lewis and David Murphy

2022 Summer Issue

WPS 9/2022 Political Constitutionalism in Europe Revisited by Michael Wilkinson

WPS 10/2022 Constitutional Design as an Enabler of Peace: Colombia and the Constitutional Reform of 1991 by Michelle A. Hughes

WPS 11/2022 Sui Generis Database Protection 2.0: Judicial and Legislative Reforms by Estelle Derclaye and Martin Husovec

WPS 12/2022 Trading Intellectual Property Rights in Europe: From IP Nationalism to International IP by Aurora Plomer

2022 Winter Issue

WPS 13/2022 The Authoritarian Nature of Common Good Constitutionalism by Michael Wilkinson

WPS 14/2022 Litigating Climate Change before the Committee on the Rights of the Child in Sacchi v. Argentina et al.: Breaking New Ground? by Yusra Suedi

WPS 15/2022 Constitutionalism in Postwar Europe: Revolutionary or Counter-Revolutionary? by Michael Wilkinson

WPS 16/2022 Vignettes of Insight by Grégoire Webber

WPS 17/2022 Understanding and Regulating Benchmark-linked Markets after the Libor, WTI and Nickel Dislocations by David Murphy

WPS 18/2022 The company and block-chain technology by Kelvin F.K. Low, Edmund Schuster and Wai Yee Wan

WPS 19/2022 The Part A1 Moratorium Through a Signalling and Information-processing Lens by Sarah Paterson

2021 Spring Issue

01/2021 Beyond Reasonableness: The Dignitarian Structure of Human and Constitutional Rights by Kai Möller

02/2021 Constitutionalising Regulatory Governance Systems by Julia Black

03/2021 The European Economic Constitution in Crisis: A Conservative Transformation by Hjalte Lokdam and Michael A. Wilkinson

04/2021 Brexit, Covid-19, and Possible Frameworks for Future UK/EU Financial Governance Cooperation by Elizabeth Howell

05/2021 On Trust: The UN Security Council as Fiduciary by Devika Hovell

2021 Summer Issue

WPS 06/2021 TRIPS Intellectual Property Waiver Proposal: Creating the Right Incentive in Patent Law and Politics to end the COVID-19 Pandemic by Siva Thambisetty, Aisling McMahon, Luke McDonagh, Hyo Yoon Kang, and Graham Dutfield

WPS 07/2021 Copyright and Authorship on Stage by Luke McDonagh

WPS 08/2021 Potential Competition in EU Law by Niamh Dunne

WPS 09/2021 The Role of Regulation in EU Competition Law Assessment by Niamh Dunne

WPS 10/202The Market for Stewardship and the Role of the Government by Dionysia Katelouzou and Eva Micheler

WPS 11/2021 The No-look-through Principle: Investor Rights, Distributed Ledger Technology, and the Market by Eva Micheler

WPS 12/2021 Getting Proportionality in Perspective: Philosophy, History and Institutions by Nicola Lacey

2021 Winter Issue

WPS 13/2021 The Proportionality of Lockdowns by Kai Möller

WPS 14/2021 The Unwitting Contribution of Vaccine Regulation to Vaccine Scepticism by Francesca Uberti

WPS 15/2021 The Protest Provisions of the Police, Crime, Sentencing and Court Bill: A “Modest Reset of the Scales”? by Richard Martin

WPS 16/2021 Mapping the Theoretical Turn in British Public Law Scholarship by Samuel Tschorne and Martin Loughlin

WPS 17/2021 The Idea of Europe in Football by Floris de Witte and Jan Zglinski

WPS 18/2021 Human Goods and Human Rights Law: Two Modes of Derivation from Natural Law by Grégoire Webber

WPS 19/2021 Delaware's Fiduciary Imagination: Going-Privates and Lord Eldon's Reprise by David Kershaw

2020 Spring Issue

01/2020 Images of Law by Igor Stramignoni

02/2020 Is Vat Also a Corporate Tax? Untangling Tax Burdens and Benefits for Companies by Ian Roxa

03/2020 Unpopular Sovereignty? by Michael Wilkinson and Alexander Somek

04/2020 Historical Trends of Human Rights Gone Criminal by Mattia Pinto,

05/2020 Legislated Rights in the Anglo-American Tradition by Richard Ekins and Grégoire Webber

06/2020 Our Lessons Have Returned: Insights into Post-crisis Financial Regulation from Mandatory OTC Derivatives Clearing Policy by David Murphy

2020 Summer Issue

07/2020 Take on Me: OTC Derivatives Client Clearing in the European Union by Joanne P. Braithwaite and David Murphy

08/2020 The Constrained Convention: Emmanuel Joseph Sieyès and the Making of Chile’s New Constitution by Raffael N. Fasel

09/2020 Revolutionary Amnesia and the Delegated Nature of Prerogative Power by David Kershaw

10/2020 Can the Constitution of a Fruit Fly Be Written? by Grégoire Webber

11/2020 Legislated Rights in the Real World by Grégoire Webber and Paul Yowell

12/2020 Procedure-Content Interaction in Attitudes to Law and in the Value of the Rule of Law: An Empirical and Philosophical Collaboration by Noam Gur and Jonathan Jackson

2020 Winter Issue

13/2020 Time and Timelessness in Constitutional Thought by Thomas Poole

14/2020 Legislated Rights and Contemporary Constitutional Government by Richard Ekins and Grégoire Webber

15/2020 The Sovereign’s Presumption of Authority (also known as the Presumption of Innocence) by Peter Ramsay

16/2020 Opposition by Grégoire Webber

17/2020 A view from inside the kitchen of the Kampala Convention: the modernisation of the international legal regime for the protection of internally displaced persons by Chaloka Beyani

18/2020 The Idea of the Federative by Thomas Poole

19/2020 Liza’s Bucket: Intellectual Property and the Metamodern Impulse by Siva Thambisetty

20/2020 The International Tax Regime and Global Power Shifts by Eduardo Baistrocchi

2019 Spring Issue

1/2019 Smart Contracts and the Consumer by Tatiana Cutts

2/2019 The Fleeting, Unhappy Affair of Amazon HQ2 and New York City by Priya S. Gupta

3/2019 Proceduralism and Automation: Challenges to the Values of Administrative Law by Carol Harlow and Richard Rawlings

4/2019 The Purposive Transformation of Company Law by David Kershaw and Edmund Schuster

5/2019 Blurring the Distinction Between Empirical and Normative Legitimacy? A Commentary on 'Police Legitimacy and Citizen Cooperation in China' by Jonathan Jackson and Ben Bradford

6/2019 Addressing Tax Avoidance: Cross Country Experience and an Indian Case Study by Parthasarathi Shome

7/2019 Proportionality and Limitations to Freedom of Speech by Grégoire Webber

2019 Summer Issue

8/2019 Childhood Radicalisation and Parental Extremism: How Should Family Law Respond? Insights from A Local Authority v X, Y and Z by Fatima Ahdash

9/2019 Beyond the Post-Sovereign State? The Past, Present and Future of Constitutional Pluralism by Mike Wilkinson

10/2019 Legal Malingering: A Vortex of Uncertainty by Jill Peay

11/2019 Constitutionalism and Mobility: Expulsion and Escape Among Partial Constitutional Orders by Jacco Bomhoff

12/2019 The Euro Area in Crisis, 2008-18 by Christos Hadjiemmanuil

13/2019 A ‘Culture of Justification’? Police Interpretation and Application of the Human Rights Act 1998 by Richard Martin

2019 Winter Issue

14/2019 From Coercion to Cooperation: Settlement within EU Competition Law by NIamh Dunne

15/2019 Dispensing with Indispensability by Niamh Dunne

16/2019 Crime and Punishment in the US: Political systems and Technology Regime Change by Nicola Lacey and David Soskice

17/2019 Cloud Crypto Land by Edmund Schuster

18/2019 Justice at Work by Hugh Collins

19/2019 In Search of the Constitution by Martin Loughlin

20/2019 Sowing a 'Culture of Conviction': What Shall Domestic Criminal Justice Systems Reap from Coercive Human Rights? by Mattia Pinto

21/2019 Introduction: The 'What' and 'Why' of Constitutional Dialogue by Geoffrey Sigalet, Grégoire Webber, and Rosalind Dixon

2018 Spring Issue

01/2018 Norms, normativity and the legitimacy of justice institutions: International perspectives by Jonathan Jackson

02/2018 The British Constitution: Thoughts on the cause of the present discontents by Martin Loughlin

03/2018 Improving access to patented medicines: Are human rights getting in the way? by Siva Thambisetty

04/2018 Dummy asset tracing by Tatiana Cutts

05/2018 Authoritarian liberalism: The conjuncture behind the crisis by Michael Wilkinson

06/2018 Back to The Bremen (1972): Forum selection and worldmaking by Jacco Bomhoff

07/2018 Law and political economy by Michael Wilkinson and Hjalte Lokdam

08/2018 The authority of universal jurisdiction by Devika Hovell

2018 Summer Issue

09/2018 Beyond History and Boundaries: Rethinking the Past in the Present of International Economic Law by Rafael Lima Sakr

10/2018 Criminal Law and Republican Liberty: Philip Pettit’s Account by Jeremy Horder

11/2018 Contours and Conflicts in Tax Design: Principles and International Practice by Parthasarathi Shome

12/2018 Independent Fiscal Institutions in Comparative Constitutional Perspective by Cal Viney and Thomas Poole

13/2018 On Trust: The UN as Fiduciary (A Reply to Rosa Freedman) by Devika Hovell

14/2018 Regulatory Technology: Replacing Law with Computer Code by Eva Micheler and Anna Whaley

15/2018 The Foundations of Anglo-American Corporate Fiduciary Law by David Kershaw

2018 Winter Issue

16/2018 Past, present, and justice in the exercise of judicial responsibility by Grégoire Webber

17/2018 Introduction: Securing human rights through legislation by Grégoire Webber and Paul Yowell

18/2018 Authoritarian liberalism as authoritarian constitutionalism by Michael A Wilkinson

19/2018 Justifying the culture of justification by Kai Möller

20/2018 Odious debt, adverse creditors, and the democratic idealby Margot E Salomon and Robert Howse

21/2018 Ministers’ business appointments and criminal misconduct by Jeremy Horder

22/2018 Fundamental law by Martin Loughlin

2017 Spring Issue

01/2017 Regulating "platform power" by Orla Lynskey

02/2017 Non-Citizens as subjects of the criminal law by Emmanuel Melissaris

03/2017 Price regulation in the social market economy by Niamh Dunne

04/2017 The Internet and the global reach of EU law by Christopher Kuner

05/2017 Brexit, the EU and Its investment banker: Rethinking "equivalence" for the EU capital market by Niamh Moloney

2017 Summer Issue

06/2017 Perspectives on liberalisation by Niamh Dunne

07/2017 Stewardship and collateral by Joanna Benjamin

08/2017 Democracy as the legitimating condition in the UK constitution by Jo Eric Khushal Murkens

09/2017 The non-frustration rule and the mandatory bid rule: Cornerstones of European takeover law? by Mathias Habersack

10/2017 On solidarity by Emmanuel Melissaris

11/2017 Dworkin's theory of rights in the age of proportionality by Kai Möller

12/2017 Springwell-watch: New Insights into the nature of contractual estoppel by Jo Braithwaite

13/2017 Repo and derivatives portfolios between insolvency law and regulation by Philipp Paech

14/2017 Ritual male circumcision and parental authority by Kai Möller

15/2017 Digital regulation: Designing a supranational legal framework for the platform economy by Michèle Finck

16/2017 The governance of blockchain financial networks by Philipp Paech

2017 Winter Issue

17/2017 Public law and the autonomy of the political: A material critique by Michael Wilkinson

18/2017 The political constitution revisited by Martin Loughlin

19/2017 Immanence and irreconcilability: On the character of public law as political jurisprudence by Jacco Bomhoff

20/2017 Women, crime and character in twentieth century law and literature: in search of the modern Moll Flanders by Nicola Lacey

21/2017 The strange death of prerogative in England by Thomas Poole

22/2017 Locke on the federative by Thomas Poole

23/2017 Prying open the black box of causality: A causal mediation analysis test of procedural justice policing by Krisztián Pósch

2016 Winter issue

14/2016 The blunders of Brexit: Economics, sovereignty, and the constitution by Jo Eric Khushal Murkens

15/2016 Glasnost in the Security Council: The value of transparency by Devika Hovell [published as 'Glasnost in the Security Council: The Value of Transparency' in Larissa Van den Herik, Research Handbook on UN Sanctions and International Law (2017) and (2016) 2(6) Kutafin University Law Review 68]

16/2016 Troubling judgment: The Northern/Irish Feminist Judgments Project by Julie McCandless, Máiréad Enright and Aoife O’Donoghue

17/2016 A very successful action? Historical wrongs at common law by Thomas Poole and Sangeeta Shah

18/2016 The law of emergency and reason of state by Thomas Poole

19/2016 Hostile takeovers and the non-frustration rule: Time for a re-evaluation by David Kershaw

20/2016 The material constitution by Marco Goldoni and Michael A. Wilkinson

21/2016 The constitution and foreign affairs by Thomas Poole

23/2016 Conceptualizing the EU in traditional legal research: How to deal with differentiated integration after Pringle? by Niels Skovmand Rasmussen

24/2016 Losing our religion? Public law and Brexit by Thomas Poole

2016 Summer issue

10/2016 Proportionality and absolute rights by Grégoire Webber

11/2016 Collaborating in a meritocracy and post-crisis reform by Sarah Paterson

12/2016 Beyond proportionality: Thinking comparatively about constitutional review and punitiveness by Jacco Bomhoff

13/2016 Does legitimacy necessarily tame power? Some ethical issues in translating procedural justice principles into justice policy by Mike Hough, Ben Bradford, Jonathan Jackson & Paul Quinton

2016 Spring issue

01/2016 Corporate Governance and Bank Failures by Daniel Ferreira, David Kershaw, Tom Kirchmaier and Edmund-Philipp Schuster

02/2016 Due process in the United Nations by Devika Hovell

03/2016 Gamblers and gentlefolk: Money, law and status in Trollope’s England by Nicola Lacey

04/2016 The transnationalisation of Law: Rethinking law through transnational environmental regulation by Veerle Heyvaert

05/2016 The reconstitution of postwar Europe: Lineages of authoritarian liberalism by Michael Wilkinson

06/2016 U.S. constitutional law, proportionality, and the global model by Kai Möller

07/2016 Article 101 TFEU and market integration by Pablo Ibáñez Colomo

08/2016 EU competition law in the regulated network industries by Pablo Ibáñez Colomo

09/2016 Beyond the "more economics-based approach": A legal perspective on Article 102 TFEU case law by Pablo Ibáñez Colomo

2015 Winter issue

17/2015The state of freedom in Europe by Conor Gearty

18/2015 Disgorgement: From property to contract by Nicholas W. Sage

19/2015Copyright licensing and the EU Digital Single Market Strategy by Pablo Ibáñez Colomo

20/2015Capital markets union by Philipp Paech

21/2015 The liquidity dilemma and the repo market by Paolo Saguato

22/2015Restrictions on innovation in EU competition law by Pablo Ibáñez Colomo

23/2015Enabling and constraining police power by Ben Bradford & Jonathan Jackson

24/2015 Right thinking people: A feminist judgment by Marian Duggan & Julie McCandless

25/2015 The internal and external constraints of data protection on competition law in the EU by Francisco Costa-Cabral & Orla Lynskey

2015 Summer issue

11/2015Conscience in the datasphere by Stephen Humphreys

12/2105Posthumous "punishment": What may be done about criminal wrongs after the wrongdoer's death? by Emmanuel Melissaris

13/2015The architecture of a "social market economy" by Floris de Witte

14/2015 Legal perspectives on client clearing by Jo Braithwaite

15/2015Post Danmark II, or the quest for administrability and coherence in Article 102 TFEU by Pablo Ibáñez Colomo

16/2016Constitutional reason of state by Thomas Poole

2015 Spring issue

01/2015Sentencing mentally disordered offenders: Conflicting objectives, perilous decisions and cognitive insights by Jill Peay

02/2015 Of austerity, human rights and international institutions by Margot Salomon

03/2015 The Court of Justice of the EU judgment on data protection and internet search engines by Christopher Kuner

04/2015On the dual motivational force of legitimate authority by Jonathan Jackson

05/2015Corporate law and self-regulation by David Kershaw

06/2015 Bank resolution financing in the banking union by Christos Hadjiemmanuil

07/2015 Textualisation as mode of persuasion for patent law and what it means for legitimacy by Sivaramjani Thambisetty

08/2015 Imprisonment and political inequality by Peter Ramsay

09/2015 The value of insolvency safe harbours by Philipp Paech

10/2015 The codetermination bargains: The history of German corporate and labour law by Ewan McGaughey

2014 Winter issue

21/2014Debating rape myths by Helen Reece

22/2014Good faith and fair dealing as an underenforced legal norm by Paul MacMahon

23/2014Why national constitutional courts should not embrace EU fundamental rights by Jan Komarek

24/2014 Learning from regulatory disasters by Julia Black

25/2014Volcker Rule, ring-Fencing or separation of bank activities: Comparison of structural reform acts around the world by Matthias Lehmann

26/2014Economic messianism and constitutional power in a "German Europe": All courts are equal, but some courts are more equal than others by Michael A. Wilkinson

27/2014 Rethinking the role of the law of corporate distress in the twenty-first century by Sarah Paterson

28/2014The global model of constitutional rights: A response to Afonso da Silva, Harel, and Porat by Kai Möller

29/2014 Intel and Article 102 TFEU case law: Making sense of a perpetual controversy by Pablo Ibáñez Colomo

2014 Summer issue

12/2014 Governing "as if": Global subsidies regulation and the benchmark problem by Andrew Lang

13/2014 Proportionality and the rule of law: Rights, justification, reasoning: introduction by Grant Huscroft, Bradley W. Miller, and Grégoire Webber

14/2014 Close-out netting, insolvency law and conflict-of-laws by Phillip Paech

15/2014 Civil liability of rating agencies: An insipid sprout from Brussels by Matthias Lehmann

16/2014Comparing serious violent crime in the US and England and Wales: Why It matters, and how it can be done by Zelia Gallo, Nicola Lacey, and David Soskice

17/2014Multilayered international parliamentarism: The case of EU-Brazil relations by Davor Jancic

18/2014The impact of the "Ruggie Framework" and the United Nations Guiding Principles on Business and Human Rights on transnational human rights litigation by Astrid Sanders

19/2014The community infrastructure levy: Confining discretionary activity at local level? by Tola Amodu

20/2014Behavioural economics and labour law by Ewan McGaughey

2014 Spring issue

01/2014 Bureaucratic 'criminal' law: Too much of a bad thing? by Jeremy Horder

02/2014 Novartis v Union of Indiaand the person skilled in the art: A missed opportunity by Sivaramjani Thambisetty

03/2014 Intermediated securities and legal certainty by Eva Micheler

04/2014 The constitution of the conflict of laws by Jacco Bomhoff

05/2014 Determinants of corporate governance codes by Carsten Gerner-Beuerle

06/2014 The costs of separation: Friction between company and insolvency law in the Single Market by Carsten Gerner-Beuerle and Edmund Schuster

07/2014 Imprisoning the mentally disordered: A manifest injustice? by Jill Peay

08/2014 Politicising Europe's justice deficit: Some preliminaries by Michael Wilkinson

09/2014 Theorising international environmental law by Stephen Humphreys and Yoriko Otomo

10/2014 The struggle for legal reform after communism by Jan Komárek

11/2014 Law after Lehmans by Jo Braithwaite

01-2013 Reason of state: Whose reason? Which reason? by Thomas Poole

02-2013 Domestic judicial non-compliance in the European Union: A political economic approach by Arthur Dyevre

03-2013 The European Union Act 2011: A failed statute by Jo Murkens

04-2013 The global model of constitutional rights: Introduction by Kai Moller

05-2013 The rule in Foss v Harbottleis dead; Long live the rule in Foss v Harbottle by David Kershaw

06-2013 The evolution of sufficiency in common law by Sivaramjani Thambisetty

07-2013 Faking democracy with prisoners' voting rights by Peter Ramsey

08-2013 Property in brands by Dev Gangjee

09-2013 Regulating low risks: Innovative strategies and implementation by Robert Baldwin, Julia Black and Gerard O'Leary

10-2013 European restatements of sovereignty by Damian Chalmers

11-2013 Why are the truly disadvantaged American? by Nicola Lacey and David Soskice

12-2013 The concept of legitimacy and international law by Chris Thomas

13-2013 The law on abuses of dominance and the system of judicial remedies by Pablo Ibanez Colomo

14-2013 The ends of the Museum by Tatiana Flessas

15-2013 Financial responsibility in the European International Investment Policy by Jan Kleinheisterkamp

16-2013 On the loss of rights by Gregoire Webber

17-2013 Proportionality and rights inflation by Kai Moller

18-2013 The learning needs of the patent system by Sivaramjani Thambisetty

19-2013 Brokering Europe Euro-Lawyers and the making of a transnational polity by Antoine Vauchez

20-2013 Why patent law doesn't do innovation policy by Sivaramjani Thambisetty

21-2013 Special resolution regimes for banking institutions: Objectives and limitations by Christos Hadjiemmanuil

22-2013 Balancing constitutional rights: Introduction by Jacco Bomhoff

23-2013 Towards a critique of the vulnerable subject: Pashukanis and public protection by Peter Ramsay

24-2013 Seeing, lnowing, and regulating financial Markets: Moving the cognitive framework from the economic to the social by Julia Black

01-2012 PACE (The Police and Criminal Evidence Act 1984): Past, present, and futureby Michael Zander

02-2012 Fitness to plead and core competencies: Problems and possibilitiesby Jill Peay

03-2012 Limits to globalisation: Some implications for taxation, tax policy, and the developing worldby Ian Roxan

04-2012 Does law have a place in the modern university? Or every great university needs a legal studies programmeby Roderick A. Macdonald

05-2012 The new scholarship: Celebrating the 'I' in ideasby Robert Baldwin

06-2012 Dewey's 'Democracy without Politics': on the failures of liberalism and the frustrations of experimentalismby Michael Wilkinson

07-2012 On the (in)compatibility of human rights discourse and private lawby Hugh Collins

08-2012 Reasoning with previous decisions: Beyond the doctrine of precedentby Jan Komárek

09-2012 How to know the truth: Accommodating religious belief in the law of libelby Alastair Mullis and Andrew Scott

10-2012 Four human rights mythsby Susan Marks

11-2012 Market needs as paradigm: Breaking up the thinking on EU securities lawby Philipp Paech

12-2012 Patent litigation in the UKby Christian Helmers and Luke McDonagh

13-2012Trolls at the High Court?by Christian Helmers and Luke McDonagh

14-2012 Between law and markets: Is there a role for culture and ethics in financial regulationby Dan Awrey, William Blair, and David Kershaw

15-2012 Calling regulators to account: Challenges, capacities and prospects'by Julia Black

01-2011 Legal reasoning and bills of rightsby Grégoire C. N. Webber

02-2011 Private law and the public sector's central counterparty prescription for the derivatives marketsby Joanne P. Braithwaite

03-2011 Is the Board Neutrality Rule trivial? Amnesia About corporate law in European takeover regulationby Carsten Gerner-Beuerle, David Kershaw, and Matteo Solinas

04-2011 Judicial lawmaking and precedent in Supreme Courtsby Jan Komárek

05-2011 Between freedom and law: Hannah Arendt on the promise of modern revolution and the burden of "the tradition"by Michael A. Wilkinson

06-2011 The path of fiduciary lawby David Kershaw

07-2011 The next 10 year ECT Investment Arbitration: A vision for the future: From a European law perspectiveby Jan Kleinheisterkamp

08-2011 Counterclaims in investor-state arbitrationby Yaraslau Kryvoi

01-2010 A.L. Goodhartby William Goodhart, QC

02-2010 Arbitration in three dimensionsby Jan Paulsson

03-2010 Escaping Hobbes: Liberty and security for our democratic (not anti-terrorist) ageby Conor Gearty

05-2010 Judicial review at the margins: Law, power, and prerogativeby Thomas Poole

07-2010 Should agency workers be treated differently?by Ewan McGaughey

09-2010 Prior notification in privacy cases: A reply to Professor Phillipsonby Andrew Scott

10-2010 Confronting confrontationby Mike Redmayne

11-2010 Two directives, two politics? Prospects for the EU ETSby Andrés Jonathan Drew

12-2010 Managing the financial crisis: The constitutional dimensionby Julia Black

13-2010 The right to life between absolute and proportional protectionby Kai Möller

14-2010 Seizing truths: Art, politics, lawby Igor Stramignoni

15-2010 Why should it matter that others have more? Poverty, inequality and the potential of international human rights lawby Margot Salomon

16-2010 Proportionality in perspectiveby Thomas Poole

17-2010 The rise, fall and fate of principles based regulationby Julia Black

18-2010 Restructuring global and EU financial regulation: Capacities, coordination and learningby Julia Black

19-2010 The concepts and methods of reasoning of the new public law: Legitimacyby Carol Harlow

20-2010 Reframing libel: Taking (all) rights seriously and where it leadsby Alastair Mullis and Andrew Scott

21-2010 Labouring in the public interestby David Mangan

22-2010 After Copenhagen: The impossibility of carbon tradingby David Campbell, Matthias Klaes and Christopher Bignell

23-2010 The future of communications regulation after Ofcom's Pay-TV consultationby Pablo Ibáñez Colomo

01-2009 The devil's account: Men, morals, and constitutional goods by Thomas Poole

02-2009 Inclusivity and the constitution of the familyby Clare Chambers

03-2009 Transitional problems in Brudner's inclusive conception of liberalismby John Charvet

04-2009 Fairness, consensus, and the justification of the ideal liberal constitutionby Philip Andrew Cook

05-2009 In defence of the common law constitution: Unwritten rights as fundamental law by T.R.S. Allan

06-2009 Hybrid norms in international law by Veerle Heyvaert

07-2009 Increasing returns in the patent system : Institutional sources and consequences for law by Sivaramjani Thambisetty

08-2009 The impact of the Human Rights Act on the House of Lordsby Sangeeta Shah and Thomas Poole

09-2009 The evolution of competition law and policy in the United Kingdomby Andrew Scott

10-2009 Global administrative law and the constitutional ambitionby Nico Krisch

11-2009 Lord Wright and innovative traditionalismby Neil Duxbury

12-2009 The case for pluralism in postnational lawby Nico Krisch

13-2009 Flash flood or slow burn?: Celebrities, photographers and protection from harassmentby Andrew Scott

14-2009 Legitimacy and the competition for regulatory shareby Julia Black

15-2009 Legal regimes and regimes of knowledge: Governing global services tradeby Andrew T.F. Lang

16-2009 British jobs for British workers? UK industrial action and free movement of services in EU lawby Claire Kilpatrick

17-2009 Pluralism in global risk regulation: The dispute over GMOs and tradeby Nico Krisch

18-2009 Psychologising Jekyll, demonising Hyde: The strange case of criminal responsibility by Nicola Lacey

19-2009 What is an original constitution?by Grégoire Webber

20-2009 Why Is it wrong to breach an ASBO?by Peter Ramsay

21-2009 Employment contracts for teachers as professional employeesby David Mangan

22-2009 The impact of internationally mandatory laws on the enforceability of arbitration agreementsby Jan Kleinheisterkamp

01-2008 The theory of vulnerable autonomy and the legitimacy of the civil preventative orderby Peter Ramsay

02-2008 Constructing and contesting legitimacy and accountability in polycentric regulatory regimesby Julia Black

03-2008 Regulation lite: The rise of emissions tradingby Robert Baldwin

04-2008 Should states have the right to punish municipal offences committed abroad?by Alejandro Chehtman

05-2008 Life after work: Privacy and dismissalby Virginia Mantouvalou

06-2008 Legal transplants in patent law: Why utility is the new industrial applicabilityby Sivaramjani Thambisetty

07-2008 The EU Chemicals Policy: Towards inclusive governance?by Veerle Heyvaert

08-2008 Managing the intersection of utilities regulation and EC competition lawby Giorgio Monti

09-2008 Between the devil and the deep blue sea: Administrative law in an age of rightsby Thomas Poole

10-2008 The new substantive test in the EC merger regulation: Bridging the gap between economics and law?by Giorgio Monti

11-2008 Provisional measures under Article 5.7 of the WTO's Agreement on Sanitary and Phytosanitary Measures: Some criticisms of the jurisprudence so farby Andrew Lang

12-2008 Sulh: A crucial part of Islamic arbitrationby Aseel Al-Ramahi

13-2008 Forms and paradoxes of principles based regulation by Julia Black

14-2008 Constitutional exceptionalism and the common lawby Thomas Poole

15-2008 Comparative constitutional law in the courts: Reflections on the originalists' objectionsby Jo Eric Khushal Murkens

16-2008 Legal cosmopolitanism and the normative contribution of the right to development by Margot Salomon

17-2008 Copyright infringement, "Free-riding" and the lifeworld'by Anne Barron

18-2008 Out of the 'witches' cauldron'?: Reinterpreting the context and re-assessing the significance of the Hart-Fuller debateby Nicola Lacey

19-2008 Politics, ethics & the law, legal practice and scholarshipby Walter van Gerven

20-2008 The United Kingdom's immunity from seizure legislationby Anna O'Connell

01-2007 "One market, one law, one money?" Unintended consequences of EMU, enlargement, and eurocentricityby Giandomenico Majone

02-2007 A Bill of Rights: do we need one or do we already have one? by Francesca Klug

03-2007 Breaking promises to keep them: Immigration and the boundaries of distributive justiceby Hans Lindahl

04-2007 Patents as credence goodsby Sivaramjani Thambisetty

05-2007 From Moll Flanders to Tess of the D'Urbervilles: Women, autonomy and criminal responsibility in eighteenth and nineteenth century Englandby Nicola Lacey

06-2007 Utility and rights in common law reasoning : Rebalancing private law through constitutionalizationby Hugh Collins

07-2007 Courts and conditions of uncertainty in "Times of Crisis" by Thomas Poole

08-2007 Is there a human right not to be a trade union member? Labour rights under the European Convention on Human Rightsby Virginia Mantouvalou

09-2007 International economic governance and human rights accountabilityby Margot E. Salomon

10-2007 The repatriation debate and the discourse of the commonsby Tatiana Flessas

11-2007 The open architecture of European human rights lawby Nico Krisch

12-2007 The reformation of English administrative lawby Thomas Poole

13-2007 Democratic politics in a globalising world: Supranationalism and legitimacy in the European Unionby Anand Menon and Stephen Weatherill

14-2007 Law through practice: London and Liverpool commodity markets c.1820-1975by Ross Cranston

15-2007 Really responsive regulationby Robert Baldwin and Julia Black

16-2007 Involuntary creditors and the case for accounting-based distribution regulationby David Kershaw

17-2007 The basic norm: An unsolved murder mysteryby Neil Duxbury

18-2007 Limitations on religion in a liberal democratic polity: Christianity and Islam in the public order of the European Union'by Ronan McCrea

19-2007 Who is the new European refugee?by Nadine El-Enany

Submission Guidelines

LSE Law Working Papers were first published in 2007 (originally titled Law, Society and Economy Working Paper Series). The series focuses on interdisciplinary legal scholarship in all subject areas. All members of the LSE Law School, LSE doctoral students, visiting professors and other visitors are invited to submit papers. Exceptionally, the Editors will publish keynote speeches or other major presentations which fit within the Series’ remit and which were delivered at the LSE by academics speaking at the invitation of LSE Law School or one of its affiliated research centres. However, our general policy is only to publish papers by researchers based in the law school. The Working Paper Series does not adopt a particular style, and papers may be submitted in any recognised style consistently applied. The papers are published electronically and are available online or through email distribution. See also our licence agreement.

Editors

Jacco Bomhoff; Sarah Trotter; Charlie Webb; Michael Wilkinson

Assistant Editors

Joaquin Casalia; Jinyang Xu