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MSLR Vol1 Fullwebversion.Pdf The Manchester Review of Law, Crime and Ethics The University of Manchester School of Law Student Journal VOL. I The Manchester Review of Law, Crime & Ethics is a student led peer-reviewed journal founded at the University of Manchester School of Law. The journal exhibits the best academic work on both the undergraduate and graduate levels, publishing it annually. VOLUME I MAY 2012 The Manchester Review of Law Crime & Ethics ©The Manchester Review of Law, Crime & Ethics, 2012 All rights reserved The Manchester Review of Law, Crime & Ethics and its editors are not responsible for the opinions expressed in this journal. No part of this journal may be reproduced in any form without the expressed consent of The Manchester Review of Law, Crime & Ethics or the Manchester University School of Law. All enquires should be addressed to: The Manchester Review of Law, Crime & Ethics Williamson Building, School of Law University of Manchester Manchester M13 9PL [email protected] Typeset in Baskerville Old Face Printed in United Kingdom Kindly sponsored by: The Manchester Review of Law, Crime and Ethics Editor-in-Chief Michal Kniec Associate Editors Ben Adamson Jorge Nunez Lan Song Ugochukwu Orazulike Assistant Editors Aeron Corrigan Andrew Lim Craig Purshouse Christopher Markou Daniel Bomsztyk Layout and Design Emile Abdul-Wahab Faculty Advisors Prof Geraint Howells Prof Rodney Brazier Prof Margot Brazier Prof Toby Seddon Dr Jackson Maogoto Dinah Crystal OBE VII Preface from the Head of the School of Law When Michal Kniec first approached me with the idea of a student journal I was enthused by the project. However, it took us sometime to work out which was the best way forward. Should it be a student journal like the Harvard Law Review publishing work of professors or a newsletter or online journal? In the end we opted for a hard copy journal showcasing the scholarship of Manchester students and covering the breadth of work going on in the Law School – law criminology and ethics. Looking at the final product, I hope you agree we chose the right format. At the heart of this project is the high quality product our teaching and learning environment produces. The work of students in Manchester Law School. I will be proud to send this to academics within the University and in other Law Schools and also our partner law firms. Those who have been published may feel the excitement of being able to help others gain new insights into the law that keeps academics going! Who knows for some this may be the first of many academic publications! However, producing this journal has involved developing organisational, managerial and technical skills that will be invaluable for all engaged in the enterprise. Those having fun producing the journal may not have realised it, but they were in fact developing those skills as well as demonstrating teamwork and leaderships skills. Educationalists talk about embedding employability skills into the student experience. This is a prime example of how these can be achieved whilst producing tangible benefits for the Law School. The product is a credit to you all. I also want to say a few words about those who submitted papers that were not accepted for publication. This may have been dispiriting, but if it is any consolation most academics have faced rejection of their papers– and sometimes it has nothing to do with quality, merely the need to balance VIII content. However, your submission was an important sign of the value and commitment of the student body to this project. My aim is to develop a Law School community where staff and students exchange ideas outside as well as inside the curriculum. The Public Lecture series is one way in which staff have showcased their work. This journal puts the focus on student thoughts and ideas. I look forward to discussing them with the authors and hope the papers will generate many debates around the Law School. My heart felt thanks go to all who have contributed so much of their time and enthusiasm to realise this wonderful first volume of the Manchester Review of Law, Crime and Ethics. Geraint Howells Head of Law School IX Preface from Norton Rose We at Norton Rose are delighted to support The University of Manchester Review of Law, Crime & Ethics and are very pleased to commend the efforts of the undergraduate and postgraduate writers who have contributed to it, as well as to support the law faculty in helping to bring this journal to publication. As Norton Rose has grown in recent years to become one of the leading international legal practices in the world, and as we continue to open new offices in different countries around the globe, we have frequent occasion to appreciate just how many opportunities there are to bring real value to our international clients through our ability to understand, interpret and advise on not just English law, but also the laws of each jurisdiction with which we work. English law is, of course, one of this country’s most successful export products - one of the leading legal systems chosen by parties around the world to govern their relations and their business dealings. However, the detailed and historical way in which we study the law itself, as well as our international outlook, helps us to understand the different - and sometimes conflicting - legal systems which apply to our colleagues and clients in other countries, and to enable us to advise on multi-jurisdictional issues, or create innovative solutions, in the most important of cases or the most high- profile of commercial transactions. To do this requires us to have the brightest and the best people in our team, and we are always on the lookout for the top lawyers of the future. This publication evidences some of the depth of talent to be found in The University of Manchester. We are glad to lend the Norton Rose name to this journal, and congratulate all those who have contributed. Duncan Batchelor Partner X XI Preface from the Editor-in-Chief As soon as I arrived at the University of Manchester School of Law I noticed that something was missing. Being a Canadian allotted me a certain perspective on how departments are organized and, as you can imagine, it did not take me long to notice that it did not have a journal. Quite literally as soon as I got off the plane I started contacting staff members and a few years later we finally transformed this idea into a reality. I was truly excited when I got the approval to begin the process in September. I already had in idea of how a journal functions having worked on The Mirror, Canada’s oldest undergraduate academic history journal, while I was completing a history at the University of Western Ontario. I knew how it functions and what it needed, yet actually getting it started was a lot more difficult than I thought it would be. While it may have been a struggle, when the journal finally started coming together I realized that I was part of something truly amazing. I’d like to take this moment to thank everyone involved on this journey. Firstly, I’d like to thank the brilliant staff at the University of Manchester. Prof. Geraint Howells has been of tremendous assistance at each step, providing me with pragmatic input. Similarly, I would have been completely lost if not for Dinah Crystal’s organization skills. Her knowledge, with the assistance of Maureen Barlow, was instrumental in getting this project off the ground. Lastly, all the academic advisors were there to answer any questions I may have had about running a journal. They were very eager to be a part of this academic venture, making my life a whole lot easier. I would also like to thank Norton Rose for their interest and financial assistance. Ever since I met their representatives I knew that we would make an ideal match, create a perfect pairing of legal application and theory. Kept in constant contact, they’ve been very involved with the process and this journal and I owe them everything. XII Of course this journal would not be here today if it were not for my amazing staff. More competent than I’ll ever hope to be, they were all handpicked from a mountain of applicants, making them the very best academics at their level. I cannot express how grateful I am for their support and input. I owe them everything for making my little dream a reality. While organizing a book of this magnitude was certainly not easy, it has been the most rewarding experience I’ve ever achieved. All the organizational difficulties, printing choices, even the essay selection have been a journey that few are allotted. This journal was not simply something to put on my curriculum vitae but rather a legacy to leave behind at the university. In many ways it is my nostos. I fundamentally hope that the journal provides you with a truly enjoyable read. Each and every one of these works has been chosen based on a combination on extremely high academic merits, legal value, and uniqueness of character. While they are without a doubt perfect examples of first grade papers, they’re all interesting reads that will hopefully inform you about the law. An expression of hard work on part of writers and editors, they are the prefect marriage of academic achievement. I hope they’ll give you as much joy as they have given me. Michal Kniec Editor-in-Chief XIII Contents PREFACE FROM THE HEAD OF THE SCHOOL OF LAW ............
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