Elliott, Constitutional Foundations <strong>of</strong> Judicial Review (2001)Moules, Actions against Public Officials: Legitimate Expectations, Misstatements and Misconduct (2009)Galligan, Due Process and Fair Procedures (1996)Galligan, Discretionary Powers (1986)Loughlin, Public <strong>Law</strong> and Political Theory (1992)Loughlin, Sword and Scales (2000)Forsyth and Hare (eds), The Golden Metwand and the Crooked Cord (1998)Beatson and Tridimas (eds), New Directions in European Public <strong>Law</strong> (1998)Taggart (ed), The Province <strong>of</strong> Administrative <strong>Law</strong> (1997)Bailey, Jones and Mowbray, Cases and Materials on Administrative <strong>Law</strong> (4th ed 2005)de Smith, Judicial Review <strong>of</strong> Administrative Action (6th ed 2007)Fordham, Judicial Review Handbook (plus Administrative <strong>Law</strong> Digest) (5th ed 2008)Lewis, Judicial Remedies in Public <strong>Law</strong> (3rd ed 2004)Woolf, Protection <strong>of</strong> the Public - A New Challenge (Hamlyn Lectures, 1990)Administrative Justice: Some Necessary Reforms (JUSTICE - All Souls Review, 1988)Harlow and Rawlings, <strong>Law</strong> and Administration (2nd ed 1997)Judicial Review <strong>of</strong> Administrative Action in the Eighties (1986, ed Taggart)Detmold, Courts and Administrators (1989)Richardson and Genn, Administrative <strong>Law</strong>: the Courts and Alternative MechanismsSchonberg, Legitimate Expectations in Administrative <strong>Law</strong> (2000)PAPER 21. FAMILY LAW1. Introduction: the meaning <strong>of</strong> ‘family’ in family law; marriage, civil partnership, cohabitation and other familyarrangements; family proceedings, family decision-making; human rights and family law; reform <strong>of</strong> family law.2. Marriage, civil partnership and divorce/dissolution: the formation <strong>of</strong> marriage and civil partnership.Divorce/Dissolution and Separation, including special procedure; reconciliation and mediation; presumption <strong>of</strong> death.3. Property and families: ascertainment <strong>of</strong> beneficial ownership; trusts; financial relief during marriage/civil partnershipand on/or after divorce/dissolution or nullity; financial support <strong>of</strong> children; occupation <strong>of</strong> the home and remedies fordomestic violence. Effects on a will <strong>of</strong> marriage or divorce; intestate succession; family provision on death.4. Children: parentage and parental responsibility; children's rights and capacities; resolution <strong>of</strong> disputes overresidence, contact and other issues; social parenthood. The role <strong>of</strong> local authorities in the care and protection <strong>of</strong>children; support for children in need; emergency protection; compulsory care and supervision; wardship and theinherent jurisdiction; adoption, and special guardianship; assisted reproduction and surrogacy.Questions will not be set on the formalities <strong>of</strong> marriage; evidentiary privilege; social security law; taxation.READINGHarris-Short and Miles, Family <strong>Law</strong>: Text, Cases and Materials (2007) (and updates onwww.oup.com/uk/orc/bin/9780199277162/)Herring, Family <strong>Law</strong> (4th ed 2009)Lowe and Douglas, Bromley’s Family <strong>Law</strong> (10th ed 2006)Masson, Bailey-Harris and Probert, Cretney’s Principles <strong>of</strong> Family <strong>Law</strong> (8th ed 2008)46
Blackstone’s Statutes on Family <strong>Law</strong> (19th ed 2010)For introductory reading and/or revision:Douglas, An Introduction to Family <strong>Law</strong> (2nd ed 2004)Probert, Cretney’s Family <strong>Law</strong> (7th ed 2009)Standley, Family <strong>Law</strong> (7th ed 2010)Cases and materials (optional):Hale, Pearl, Cooke and Monk, The Family <strong>Law</strong> and Society: Cases and Materials (6th ed 2008)For reference:Bainham, Children: The Modern <strong>Law</strong> (3rd ed 2005)Bridge and Swindells, Adoption: The Modern <strong>Law</strong> (2003)Diduck and Kaganas, Family <strong>Law</strong>, Gender and the State (2nd ed 2006)Fortin, Children's Rights and the Developing <strong>Law</strong> (3rd ed 2009)Eekelaar, Family <strong>Law</strong> and Personal Life (2006)Cretney, Same-Sex Relationships: From ‘Odious Crime’ to ‘Gay Marriage’ (2006)Choudry and Herring (eds), European Human Rights and Family <strong>Law</strong> (2010)PAPER 22. LEGAL HISTORYThe Legal History paper provides a general survey <strong>of</strong> changes in English legal institutions, principles and ideas from1066. The law is rooted in historical sources, such as decided cases and statutes, and it has never stood still; thereforeall lawyers, whether they know it or not, are constantly confronted by legal history.1. Institutions <strong>of</strong> the law; the types and sources <strong>of</strong> English lawThe sources and literature <strong>of</strong> English law: mechanisms <strong>of</strong> law making; record, formularies, reports, treatises;precedent; legal education.The leading institutional and procedural developments in the common law: the rise <strong>of</strong> the common law; the courts<strong>of</strong> common law, their origin, personnel and jurisdiction; writs and the forms <strong>of</strong> action; modes <strong>of</strong> pro<strong>of</strong>; pleading;motions in banc; the review <strong>of</strong> decisions.The conciliar courts, Chancery and Star Chamber; the growth <strong>of</strong> equity and its relation to the common law.The ecclesiastical courts.2. ObligationsForms <strong>of</strong> action: praecipe writs; trespass vi et armis; trespass on the case.Tort: customs <strong>of</strong> the realm; negligence, including an outline <strong>of</strong> developments to 1932.47
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3. Sceptics and Critics I4. Sceptic
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Reiman, ‘Justice, Civilization, a
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Gardner, Introduction to the Law of
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1. Types of theoretical analysis an
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2. Specific fieldsTopics to be sele
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The LLM (one-year taught postgradua
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Teaching Members of the Faculty of
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MC Elliott, MA, PhD (Cantab); St Ca
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RA Melikan, BA (Mich), JD, MA (Chi)
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BD Sloan, MA, LLM (Cantab); King’
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