Blog

Europe Must Rethink the Digital Services Act
Originally published by The Mace (30 June 2021). The European Commission claims that the Digital Services Act (DSA) will deliver much-needed harmonisation and clarity of regulation. In fact, it introduces new risks and costs on businesses without adequate justification.
Should Cart Judicial Reviews be Abolished? Empirically Based Response
Previously published by UK Constitutional Law Blog (21 May 2021). Empirical study of effectiveness of Cart judicial reviews The Review and the Government’s Response both relied on cost and effectiveness concerns to recommend that Parliament legislates to overturn Cart.
The Digital Markets Act Shouldn’t Mandate Radical Interoperability
Originally published by Truth on the Market (19 May 2021). Despite calls from some NGOs to mandate radical interoperability, the EU’s draft Digital Markets Act (DMA) adopted a more measured approach, requiring full interoperability only in “ancillary” services like identification or payment systems.
Brief comments on the draft EU Regulation on Artificial Intelligence
The draft EU Regulation on Artificial Intelligence leaked out yesterday. Some of my (tentative) thoughts: 1. The draft’s definition of an ‘AI system’ is so broad that it risks covering most (all?
An empirical study of the gender of counsel before the UK’s highest court
Previously published by UK Constitutional Law Blog (15 March 2021). During the live television coverage of the Supreme Court hearings in Miller (No 1), some commentators (and no doubt many members of the public) noted that almost all lawyers in the courtroom were male.
La 5G nous rappelle l’importance de la vie privée des consommateurs
With Bill Wirtz Previously published by La Tribune (15 April 2019) and World Economic Forum (16 April 2019). Renforcer la responsabilité des opérateurs de réseaux pour les vulnérabilités technologiques et créer un cadre de certification souple permettront de garantir à la fois le choix du consommateur et le respect de sa vie privée.
What can data science teach us about litigation before the Supreme Court?
Originally published by in the Solicitors Journal (March 2020). Despite the woefully inadequate state of open access to case law data in the UK, I decided to use some of what’s available (texts of House of Lords and Supreme Court judgments) to show what opportunities open when we’re able to use modern data science techniques on case law.
Learn in code
Originally published by in the Solicitors Journal (February 2020). Technology will play an even greater role in the future of legal practice than it does today. Perhaps the changes are not going to be as radical in the short term as some like to claim (artificial intelligence (AI) will not be replacing lawyers anytime soon).
Oxford Poland constitutional crisis symposium, 9 May 2017

Pomysł konferencji zatytułowanej The Polish constitutional crisis and institutional self-defence (kryzys konstytucyjny w Polsce i samoobrona dla instytucji) był, by zebrać w Oksfordzie czołowych polskich teoretyków prawa zaangażowanych w debatę publiczną na temat obecnych wydarzeń konstytucyjnych w Polsce i pozwolić im na przedstawienie tej debaty angielskim teoretykom prawa.

Uses and Misuses of the Rule of Recognition in Miller
Originally published on the UK Constitutional Law Blog (12 January 2017). The jurisprudential concept of the rule of recognition featured several times during the Miller hearings at the Supreme Court. In this short note, I discuss three uses of the concept of the rule of recognition during the Miller hearings and propose one other way in which the concept is relevant to Miller, that was not expressly mentioned in the case.