Rachael Mulheron

Bio: Rachael Mulheron is an academic researcher from Queen Mary University of London. The author has contributed to research in topics: Class action & Common law. The author has an hindex of 9, co-authored 36 publications receiving 345 citations. Previous affiliations of Rachael Mulheron include University of Oxford & University of Warwick.

Class Actions and Government

Abstract: The relationship between class actions and government makes for a nuanced and fascinating study. Government sets the scene by implementing and designing the regime, by choosing whether to act as a seed-funder for the regime, and by deciding to what extent it should regulate the regime against worldwide classes being litigated on its doorstep. It can then become a key player in the litigation itself. Government may be a representative claimant bringing the action, or a class member, or a potential financial beneficiary. Most commonly of all, it may be a defendant, being sued under the very regime which it enacted into law. With numerous opt-out class action regimes around the common law world in place, and others on the horizon, the book takes a comparative perspective throughout, and concludes with a series of recommendations, drawn from that comparative analysis of government's intricate interplay with class actions.

The Class Action in Common Law Legal Systems: A Comparative Perspective

Abstract: Part I The Class Action Introduced Chapter 1 Introduction Chapter 2 Features of Modern Class Action Regimes Chapter 3 Objectives of Class Action Regimes Chapter 4 A Different Approach for England Part II Commencement of the Class Action Chapter 5 Suitability for Class Action Treatment Chapter 6 The Requisite Commonality Chapter 7 The Requisite Superiority Chapter 8 Assessing the Class Representative Part III Conduct of the Class Action Chapter 9 Shaping the Class Membership Chapter 10 Potential Impediments to Ongoing Conduct Chapter 11 Monetary Relief Chapter 12 Costs and Funding of Class Actions

Constitutional and Administrative Law

Abstract: This work aims to provide a concise treatment of constitutional and administrative law, which is a core subject for LLB and CPE students. It It contains a comprehensive introduction to the subject, and new case and statute law, and is suitable for students taking law degrees, CPE and ILEX Stage II courses, and those taking degrees in public administration, politics, government, and students taking A-Level law.

Montgomery v Lanarkshire Health Board

Abstract: This case note discusses the decision of the UK Supreme Court in Montgomery v Lanarkshire Health Board, a case concerning the negligent failure by a doctor to disclose a risk associated with childb...

Contested cultural property : the return of nazi spoliated art and human remains from public collections

Abstract: • A submitted manuscript is the version of the article upon submission and before peer-review. There can be important differences between the submitted version and the official published version of record. People interested in the research are advised to contact the author for the final version of the publication, or visit the DOI to the publisher's website. • The final author version and the galley proof are versions of the publication after peer review. • The final published version features the final layout of the paper including the volume, issue and page numbers.

The Unwanted Child

Abstract: Unwanted pregnancies have declined in the U.S. in recent years probably due to improved family planning practices. The proportion of pregnancies that are unwanted increases with birth order and with a lowering of the socioeconomic status of the couple. There are various unhealthy motives for parenthood. On the other hand there are many valid reasons for desiring not to have children. These can be economic psychosexual situational or environmental. The real danger is that the unwanted child will be physically as well as psychologically abused. A table presents pertinent facts regarding the abused child the abusing parent and the family dynamics of the abused child.

The Open Architecture of European Human Rights Law

Abstract: The evolution of the European human rights regime is often described in constitutionalist terms: as the move towards an integrated order with the European Convention of Human Rights as its “constitutional instrument” at the top. In this article, I seek to show that this description is misguided and that the regime is better regarded as pluralist – as characterised by a heterarchical relationship between its constituent parts that is ultimately defined politically and not legally. The emergence and workings of this pluralist order are traced through the interaction of the European Court of Human Rights with domestic courts in Spain, France, the European Union and the United Kingdom. All these cases not only show conflicts over questions of ultimate supremacy but also significant convergence and harmony in day-to-day practice. I begin to identify factors that have led to this convergence and conclude that central characteristics of pluralism – incrementalism and the openness of ultimate authority – seem to have contributed to the generally smooth evolution of the European human rights regime in a significant way. This finding suggests a broader appeal of pluralist models as alternatives to constitutionalism in the construction of postnational authority and law.