Papers by Hector MacQueen
Edinburgh Law Review, 2005
Edinburgh University Press eBooks, Feb 15, 2006
Oxford University Press eBooks, Aug 27, 2019
Contemporary Intellectual Property: Law and Policy, fifth edition, offers a unique perspective on... more Contemporary Intellectual Property: Law and Policy, fifth edition, offers a unique perspective on intellectual property (IP) law, unrivalled amongst IP textbooks. An accessible introduction to IP law, it provides not only a comprehensive account of the substantive law, but also discusses the overarching policies directing the legal decision-making, as well as areas for further debate. Intellectual property law is an increasingly global subject, and the book introduces the relevant European and international dimensions to present a realistic view of the law as it actually operates. It explores IP law as an organic discipline, evaluating the success with which it has responded to new challenges. Images and diagrams, with analysis of key cases and key extracts, are all incorporated alongside the author commentary to clearly illustrate the core principles in IP law. Exercise, questions, and discussion points are provided to help the reader to engage with the material, and additional material is provided in the Online Resources. Beyond providing an up-to-date account of IP law, the text examines the complex policies that inform modern IP law at the domestic (including Scottish), European, and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to IP law and policy, and the reader is encouraged to engage critically with the text and the subject matter. The book has been carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable way.
Law Quarterly Review, 2018
The 800th anniversary of the execution of Magna Carta by King John of England at Runnymede in Jun... more The 800th anniversary of the execution of Magna Carta by King John of England at Runnymede in June 1215 saw the publication of much new writing on the Charter and its significance, both at the time and over subsequent centuries. 1 Debate was renewed about the differences between historians' and lawyers' perceptions of the subject. 2 Discussion generally-and naturally-was from the perspective of English history and law, although also highlighted was the continuing importance of Magna Carta in the USA and the countries of the British Commonwealth. At the anniversary celebrations at Runnymede on 15 June 2015, however, the then Prime Minister, David Cameron, spoke of Magna Carta as British and an object of pride for British people, 3 while a few days later at Lincoln Cathedral, the then President of the UK Supreme Court, Lord Neuberger, remarked that the Charter was "the United Kingdom's greatest contribution to the world-the rule of law and democratic government." 4 These characterisations of Magna Carta as a "British" or "United Kingdom" achievement caused mild surprise in Scotland. It is true that the fifty-ninth of the 61 chapters of the 1215 version of Magna Carta may be translated as follows: "We [i.e. King John] will deal with Alexander, king of Scots, about the return of his sisters and hostages and about his liberties and his rights, in accordance with the form in which we deal with our other barons of England, unless it ought to be otherwise by the charters that we have from his father William, the late king of Scots; and this will be by judgment of his peers in our court." But this undertaking to the king of Scots did not reappear in the reissues of Magna Carta in 1216, 1217 and 1225, or indeed in any subsequent version of the charter. The attention given to Scotland in 1215 was thus fleeting and ephemeral. King John's promise in Chapter 59 was given no effect at all by him, nor did his * FBA, FRSE; Professor of Private Law, University of Edinburgh. This paper has its origins in a research consultancy on the Scottish dimension for the 2015 UK Supreme Court exhibition 'Chartered Voyage: The Impact of Magna Carta', held 3 August-25 September 2015. I am grateful to Lord Neuberger (President) and Lord Hodge for the invitation to participate in the preparation for the exhibition, to Jenny Rowe (then Chief Executive of the Court) for guidance on my role, and to John Forsyth, who prepared the exhibition's texts, for good questions and enjoyable discussions of the whole topic. In my research I received the usual but none the less appreciated courteous assistance of the university libraries of Aberdeen and Glasgow. Further (but not all) debts are acknowledged at relevant points in the footnotes below. But I alone am responsible for errors of fact, judgement, and opinion in the text that follows. All URLs cited were last checked on 18 January 2017. 1 Much of this writing is cited below. I have also found helpful Nicholas Vincent,
Social Science Research Network, 2009
Journal of Legal History, Sep 2, 2014
This article analyses the case of Hinton v Donaldson (1773) in which the judges of the Scottish C... more This article analyses the case of Hinton v Donaldson (1773) in which the judges of the Scottish Court of Session refused to follow their English brethren in recognizing an author's right of property outside the Statute of Anne (1710). The decision must be understood against the background of distinct notions of common law and equity in Scots law, drawn from the Natural law tradition of the European jus commune. At the same time the decision reveals developing strands of Enlightenment thought and concepts of the judicial role in relation to legislation.
Cambridge University Press eBooks, Dec 11, 2012
A critical discussion of the rise of European contract law and in particular the proposed Common ... more A critical discussion of the rise of European contract law and in particular the proposed Common European Sales Law, comparing it with the UK's Sale of Goods Act 1979 both historically and substantively. Keywords European private law. Contract law. Sale of goods. Proposed Common European Sales Law. Sale of Goods Act 1979 (UK).
The Juridical review, 1994
Social Science Research Network, Jul 4, 2014
The paper discusses the debate arising from the Israeli case of Qimron v Shanks (2000) about the ... more The paper discusses the debate arising from the Israeli case of Qimron v Shanks (2000) about the copyright (if any) in reconstructive editorial work on ancient documents, focusing particularly on the example provided by the Dead Sea Scrolls but also referring to other examples, in particular that of music, debated in the English Court of Appeal in Hyperion Records v Sawkins. It is argued that such reconstructive work attracts and deserves copyright for the reconstructing editor, and the opposed position is analysed critically.
Edinburgh University Press eBooks, Jan 9, 2018
An academic directory and search engine.
Tulane Law Review, 2003
... 217 (2000); see also Hugh Beale & Nicola Pittam, The Impact of the Human Rights A... more ... 217 (2000); see also Hugh Beale & Nicola Pittam, The Impact of the Human Rights Act 1998 on English Tort and Contract Law, in ... law produced by the decisions of the courts and the rationalisations of text Erez eds., 2001); Deryck Beyleveld & Shawn D. Pattinson, Human Rights ...
South African Law Journal, 2004
Hart Publishing eBooks, Jun 15, 2017
Uploads
Papers by Hector MacQueen
Contents:
Preface - Peter G B McNeill
'Stair and the Natural Law Tradition: Still Relevant?' - Neil MacCormick
'Law, Morality and Sir George Mackenzie' - O F Robinson
'Sir Alexander Seton of Pitmedden' - Douglas J Cusine
'Scottish Benefices and the Commissary Court of Edinburgh: The Example of McGibbon v Struthers' - Thomas Green
'Environmental Legislation of the Scottish Parliament' - Colin T Reid
'The Marriage (Scotland) Bill 1755' - Brian Dempsey
'Learning, Honour and Patronage: The Career of Andrew McDouall, Lord Bankton 1746-61' - Andrew R C Simpson
'Scotland's First Women Law Graduates: An Edinburgh Centenary' - Hector L MacQueen
'Common Law Evolution: The Influencee of Mixed Legal Systems' - David Ibbetson
'The Stair Society - The Middle Years' - Thomas H Drysdale
'"The Strange Habits of the English"' - Lord Hope of Craighead
'Thoughts from Nearly Forty Years Ago' - Karen Bruce Lockhart
Contents:
Preface - Angus Stewart
'The Textual Tradition of Stair's Institutions, with Reference to the Title "Of Liberty and Servitude"'
Adelyn L M Wilson
https://doi.org/10.36098/stairsoc/9781872517292.1
'William Cranston, Notary Public, c 1395-1425, and Some Contemporaries'
W W Scott
'Another Fifteenth Century Case'
Alan Borthwick and Hector MacQueen
https://doi.org/10.36098/stairsoc/9781872517292.2
'Birlaw Courts and Birleymen'
W David H Sellar
'Four Models of Union'
J D Ford
'The Trial of Captain Green'
Sheriff J Irvine Smith
'Scots Lawyers, England, and the Union of 1707'
John Finlay
https://doi.org/10.36098/stairsoc/9781872519292.4
'The Maritime Rights of the Magistrates of Rothesay'
Ian Maclagan
'Reshaping Private Law in Victorian Britain: The View from Westminster'
Michael Lobban
https://doi.org/10.36098/stairsoc/9781872517292.3
'Letters from Inveraray: The Eighth Duke of Argyll's Correspondence with the First Marquess of Dufferin and Ava, with Particular Reference to Gladstone's Irish Acts'
N N Dawson
https://doi.org/10.36098/stairsoc/9781872517292.5
'Law at the Edge: Legal Encounters on a Maritime Periphery'
W N Osborough
''Life on the Law Lords' Corridor: The Last Forty Years'
David Hope