James Marson

Teaching and Technology Transfer as Alternative Revenue Streams: A Primer on the Potential Legal Implications for UK Universities.

Purpose – The purpose of this paper is to assess the financial and intellectual issues facing the university sector as many institutions in the UK pursue alternative revenue streams. As a consequence to the increasing financial pressures, university departments are increasingly exposed to new forms of potential litigation and also face the risk to the prestige of their university and departmental brand.Design/methodology/approach – A theoretical and analytical approach is adopted whereby an introduction to the topic of revenue streams is presented before a review is conducted of the two most prominent and important streams available to the higher education sector – teaching and technology transfer. The paper furthers this analysis through a discussion of the accompanying legal consequences to UK universities and offers strategies to be adopted by such institutions to avoid these pitfalls.Findings – The investigation has identified that the pursuit of additional sources of money from teaching and technolog...

Holes in the safety net? State liability and the need for private law enforcement

Following Francovich and Bonifaci v Italy[1991] it was widely considered that State Liability would be an enforcement mechanism that would end the problems the European Court of Justice (ECJ) had contended with through its battle over the adoption or denial of Horizontal Direct Effect of Directives (HDE). In the subsequent years it has been demonstrated that the debate for and against HDEs adoption has continued. This has been due in part to the limitations of State Liability as an effective enforcement mechanism which provides individuals not with their rights, but rather a damages action against the State. This article critiques State Liability and demonstrates the severe limitations which this enforcement mechanism has for those who wish to avail themselves of EC rights denied to them. Such limitations include the piecemeal nature of this method of enforcement; whether cases, particularly from employment law issues, should be heard against the State or the employer causing the problem complained of; and the nature of an enforcement mechanism based on the award of damages. It concludes by analysing this evidence as to whether State Liability is an adequate alternative to HDE, and hence should the enforcement of EC law be brought back from a public law action to the private sphere.

Electronic submission and the movement towards a paperless law office in a modern university

The Government’s target of 50% of all under 30 year olds studying at higher education institutions by 2010, coupled with the National Committee Inquiry into Higher Education’ (1997) concluding that further expansion of higher education could not be afforded under the existing funding arrangements, may have serious ramifications for higher education in the UK. Alongside this increase in numbers, students are increasingly seen as educational consumers with increased choice in a demand-led market which universities must recognise. To compete in this academic environment these institutions are having to be ever more consumer aware in the services they offer and are having to increase choice to attract customers from rival enterprises. Information technology is playing an increasing role in the learning experience as noted by institutional commentators such as the Higher Education Funding Council for England, the Joint Information Systems Committee, the Electronic Books ON-screen Interface group and Lord Dearing’s Report. Technology’s use is further evidenced through institutions’ employment of the internet, e-mail and web-based learning to harness the power of this medium. This paper focuses on the concept of commercialism in the university sector and how a movement to a paperless office may be one way in which a university could gain an early competitive advantage over its rivals. The paper takes a student perspective to demonstrate whether students would wish to move towards electronic methods of submission of assessed work and considers the current problems that are encountered in physical submission of documents. This is the first paper in an on-going research project investigating the benefits and viability of a paperless law office, and the results demonstrate both that the students desire more flexibility in submission of university work and that their acceptance may be the easy first step on the road to the paperless law school.

Delaney and the Motor Vehicle Insurance Directives: lessons for the teaching of EU law

ABSTRACT A recent series of cases relating to the EU Motor Vehicle Insurance Directives and their application in the UK makes for interesting reading. It is the UK’s negligent transposition, and a lack of knowledge and awareness by lawyers and judges in the cases of the interaction between domestic and EU law, which compounds the negative effects. The issues raised in Delaney v Pickett [2011] and Delaney v Secretary of State [2014] do not just generate concern as to the implications they have for the application of EU law principles, but have resonance with the way in which EU law is taught in many universities. In this article we suggest that reconsidering the method and purpose of EU teaching may better serve the EU-lawyers needed for the future.

3 – Copyright: the European dimension

Libraries are continuing to evolve as a result of the dual pressures of technology and user access. The new digital media forms are enabling librarians to find new methods of information delivery. Libraries and librarians need to be aware of the legal ramifications of the new technologies that are available. This book provides an authoritative and practical guide to the subject. Despite the negative prognosis for libraries during the early 1990s in the face of digital technology, libraries have proved to be surprisingly resilient, and have begun the long process of incorporating digital technologies into their service. The legal ramifications, however, always need to be considered. This book does just that. Key Features: (1) Deals with the important and topical ramifications of the law and digital media, with specific focus on the impact upon - and the future role of - libraries (2) It provides an accessible but theoretical base that gradually builds into a practical guide for copyright law and the role of technology in libraries (3) It provides analysis of all of the current and future technologies and the legal implications (4) Is written from a highly knowledgeable and well-respected practitioner in the field (5) Most of the books written on the topic have been written from a US perspective only; this book provides a European and British perspective.