LLB Reading List request

Hello folks does anyone have access to these books or old copies lying around that they could bung my way?

Reading list

Scottish Legal System;

T1: M. White and I.D. Willock, The Scottish Legal System, (4th edition, Tottel Publishing: Edinburgh 2007)
T2: K. Fullerton, Legal Research Skills for Scots lawyers, (2nd edition, Greens: Edinburgh 2007)

 

Criminal Law;

(Most recent editions)
T1: Gordon, Criminal law (W Green)
T2:Jones & Christie, Criminal law (W Green)
T3: Gane & Stoddart, Casebook on Scottish Criminal law (W Green)

 

Obligations 1;

T1: Contract law in Scotland (2nd edition) 2007 MacQueen and Thomson
T2: Contract (3rd edition) 2001 Woolman and Lake
T3: Contract Cases and materials (2nd edition) 2003 Huntly, Blackie and Cathcart
T4: The law of Contract in Scotland (3rd edition) 2007 W.W. McBryde
T5: Unlocking Contract law (2nd edition) 2007 Chris Turner

 

Law of Human Rights;

T1: Ashton C and Finch V: Human Rights and Scots law (2002) W Green
T2: Reed R and Murdoch J: Guide to Human Rights law in Scotland (2007) 3rd ed Tottel
T3: Jowell J and Oliver D: The Changing Constitution (2006) OUP
T4: Fenwick H and Phillipson G: Text, Cases and Materials on Public law and Human Rights (2003)2nd ed. Cavendish
T5: Ewing K and Dale-Risk K: Civil Liberties in Scotland: Cases and Materials (2004) Greens
T6: Avizandum Statutes on Scots Public law (2006) Avizandum

 

Business Law;

T1: Davidson and MacGregor Commercial law in Scotland; 2nd ed. Greens 2008
T2: Gloag and Henderson Introduction to the law of Scotland 8th ed. Greens 2007
T3: McBryde law of Bankruptcy 3rd ed. Greens 2007
T4: Ashton et al. Understanding Scots law Greens 2007

 

Family Law,

T1: Avizandum Scots Family law Statutes (Avizandum)
T2: Thomson, Family law in Scotland, (Butterworths)
T3: Sutherland, Child and Family law, (Greens)
T4: Butterworths Scottish Family law Service (loose-leaf), Butterworths

 

Property Law;

T1: Guthrie: Scottish Property law, 2nd Edition, Tottel, 2005
T2: Gordon: Scottish Land law, 2nd Edition, W Green, 1999

 

Constitutional and Administrative Law.

T1: Bradley A and Ewing K: Constitutional and Administrative law 2006, 14th ed Longman
T2: Munro J: Public law 2007 2nd ed W Green
T3: Munro C: Studies in Constitutional law 1999 2nd ed Butterworths
T4: Barnett H: Constitutional and Administrative law 2006 5th ed Cavendish
T5: Himsworth C and O’Neill C: Scotland’s Constitution: law and Practice 2005 Butterworths
T6: Avizandum Statutes on Scots Public law 2006 Avizandum

Law of Evidence;

T1: Raitt, ‘The law of Evidence’, 3rd ed., 2001, W Green.
T2: Walker and Walker, ‘The law of Evidence in Scotland’, 2nd ed, 2001, T & T Clark.
T3: Sheldon, ‘Evidence: cases and materials’, 2nd ed, 2002, W Green.
T4: Westlaw & Lexis nexis (online resources).

 

Company Law;

T1: Grier Company law; 3rd ed. Greens 2009
T2: Gloag and Henderson Introduction to the law of Scotland 8th ed. Greens 2007
T3: Mayson French and Ryan Company law (a new edition each year)
T4: Sealy Cases and Materials in Company law Thomson 8th ed. 2007
T5: Davies Gower and Davies’ Principles of Modern Company law Thomson 8th ed.2008

 

 

Legal Profession,

T1: T. Welsh The Scottish Criminal Courts in Action, Bloomsbury Professional
T2: J Macfarlane the New lawyer – How Settlement is Transforming the Practice of law, University of British Columbia Press
T3: W. Ury Getting to Yes: Negotiating an Agreement Without Giving In, Random House Business Books

Dispute Resolution and Ethics;

 

EU Law;

T1: N. Foster, Foster on EU law, Oxford University Press.
T2: P. Craig, P and G. de Burca, EU law: Text, Cases and Materials, Oxford University Press.
T3:M. Horspool, European Union law, Oxford University Press.
T4: D. Chalmers, C. Hadjiemmanuil, G Monty, and A. Tomkins, European Union law, Cambridge University Press.
T5: P. Mathijsen, A Guide to European Union law, Sweet & Maxwell.
T6: J. Steiner et al, Textbook on EU law, Oxford University Press.

 

Law of Succession & Trusts,

T1: The Scots law of Succession Hiram, Tottel
T2: Succession”, Macdonald, Greens
T3: Trusts” K. McK.Norrie and E.M.Scobie W.Green

 

Obligations 2;

(most recent edition)
T1: McManus and Russell, Delict
T2: Thomson, Delictual liability

 

plus two option modules from a course-specific option pool.

 

Warning: may be triggery.

WARNING: This post may be triggery for those who have mental health issues and have considered taking their own lives.

 

Suicidal ideation isn’t nice. It’s something I pretty much have to deal with semi-regularly. Much of the time these thoughts can be silenced or muted by medication, friends, blogging and various other stuff. Sometimes they can’t – and that isn’t good.

It’s particularly “not good” as my default coping strategy has for many years been “superficial” self harm (or cutting myself). Maybe as a means of “control”, maybe as some sort of “release”. Likely a mix of both. It’s a maladaptive strategy and one I don’t advise. Recently I’ve been better at catching thought spirals and distracting myself before they get out of hand. But that takes a lot of effort.

But hey everything involved with being depressed takes a lot of effort. Getting out of bed in the morning takes a lot of effort. Getting out of the house to do anything takes a lot of effort. Making plans with people takes a lot effort.

A lot of effort to build up the self worth to consider it a good idea to get up

A lot of effort to put on the mask so you can face the world.

A lot of effort not to hate youself every minute of every day for the fat, untalented, stupid bastard you really are.

A lot of effort to do anything when you are in the grip of the malignant sadness.

For instance it is taking me a lot of effort to type this blog as I’m convinced it’s badly written, poorly realised shite.

But I felt I had to write something. Rather than responding to various conversations and attitudes that I find quite distressing.

I’ve thought about killing myself several times over the years, months… hell I even had intrusive thoughts about it last week. For those not familiar with the concept I had thoughts I didn’t want, about ending my own life, continually buzzing around my brain. They just appeared in there and wouldn’t go away. Wouldn’t leave me alone. 

Cos you know I don’t actually like these thoughts. Don’t like thinking I’m worthless, don’t like thinking all my achievements are mediocre and meaningless.Don’t like remembering there are times when I am not like this. Times when I wasn’t like this. Times when I wasn’t stuck in this fucking prison of self loathing, self absorption and self destruction.

And you know what doesn’t help? Being told suicide is “selfish” or “unacceptable”. Sometimes there are more complex reasons for these views than is apparent when people use them. Sometimes people just really do think that suicide is selfish.

Which is kinda the reason I spent much of my depressive life not seeking help. Battling on alone against pure fucking misery. Because I didn’t want to be ill. Not just because I wanted to be well but also because I didn’t want to be fucking selfish.

Thinking of suicide isn’t selfish, it isn’t unacceptable. You can maybe argue that suicide itself is. But I disagree. It’s applying a moral judgement using emotive language to an act that most probably can’t fathom. SO I don’t care that you might think it should be unacceptable or considered selfish. 

JUST KNOW THAT DOESN’T FUCKING HELP!

And if I do kill myself than know it’s (in part) down to a sort of twisted altruism so you don’t have to put up with me any more. 

My wee poll on Scottish independence

I have no way of getting a truly representative sample but thought this might be interesting.

There are two sets of three polls for people living in Scotland (just below) and the rest of the UK (under the Scots poll) and one simple poll in case anyone from anywhere else shows up at the bottom of the post.

Cheers for coming along to vote. Please do click on all three.

For people living in Scotland use these polls.

For those living in the rest of the UK use these polls.

For those living outside the UK.

PhP help (again!!!)

Hello can anyone help me here? Want to alter this code so that my sidebar doesn’t appear on any page other than the front page of my blog

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Lib Dems: in need of a reality check

It’s been something of a roller coaster for Liberal Democrat supporters since the general election. Going from the dizzying heights of becoming a party of government in coalition at Westminster (not just the Welsh or Scottish assemblies (it’s a parliament cheers Vince)) to the utter drubbing the electorate handed them last Thursday.

The reaction from Libs has been interesting also. Seemingly only Scottish leader Tavish Scott seems willing to take the blame for the poor results and admit that these were a damning indictment of the Lib Dems joining the Tories in Coalition.

Lib Dems: it matters not what progressive policies you have implemented in government, it matters not that you believe you have softened the nasty party and taken the edge off the Tories.

All the ultimately matters is the electorates perception of you as a political party – the reality is neither here nor there. But it is also worth considering the reality and perhaps, I am afraid to say, the electorate just doesn’t care as much about the same things as Lib Dems as Lib Dems do.

So all your “look, look what we’ve done” jumping up and down might only make you look like a small child begging their parent to watch them do a trick. The parent will watch but won’t give a shit.

If the Lib Dems want to win the electorate back they need to start persuading them that they are doing more harm than good as opposed to telling us that we are wrong for thinking that they betrayed us.

Obviously this is harder and requires more fortitude than playing the victim – but it’s the only way back and if nothing else it’s a damn sight better than blaming Labour for everything that’s gone wrong.

Tavish resigns!

Tavish Scott has resigned as leader of the Liberal Democrats

Statement from Tavish Scott 

“I want to announce that I am resigning the leadership of the Scottish Liberal Democrats with immediate effect.

“Thursday’s Scottish General Election result was disastrous and I must and do take responsibility for the verdict of the electorate.

“The party needs a new direction, new thinking and new leadership to win back the trust of the Scottish people.

“I am honoured to serve as Shetland’s MSP in this Parliament.”

Normally one could find little fault with such a decision after such a disastrous showing in the polls and that is why many are wondering why Clegg is still leading the Lib Dems after the drubbing handed to them across the UK.

But should Tavish have gone?

Arguably the Lib Dems performance had little to do with it’s campaign in Scotland (despite those misleading and now embarrassing “only the Lib Dems can win here” leafelts) and had little to do with the Lib Dems who had sat and represented their constituencies and regions in Holyrood. Tavish Scott did the best he could with the hand he was dealt and falling upon his own sword, whilst admirable, is I believe mistaking.

The person who should resign for this is clearly not Tavish Scott. Tavish has become in effect nothing more than a proxy for Nick Clegg.

In leading his party into a coalition with the Tories Clegg  effectively signed their death warrant in Scotland and in many parts of England and Wales.

Will Clegg now resign?

I suspect not.

The Lib Dem leadership will now have a shortlist of just four: Jamie Stone, John Farquar Munro, Liam McArthur and Willie Rennie. Of those I suspect some permutation of Stone and Farquar Munro in leader and deputy roles seems most likely.

There are huge issues for the Lib Dems to now confront.

• How much of their core support still exists?
• Can they rebuild and fight back in Scotland or are they doomed for a generation?
• How much of their vote have they lost by no longer being a protest vote?

Tavish has left his party but whoever comes to lead it faces the challenge of ice skating uphill. I wish them luck. Leading the Lib Dems in Scotland has become a poisioned chalice less tempting than managing the Scottish football team.

I’m sorry to see you go Tavish – it wasn’t your fault.

Gorgeous George and Gender

In the aftermath of the 2011 Scottish Parliamentary elections there are things to be grateful for and things to analyse and question.

I for one am grateful that the good people of Glasgow saw fit not to elect George Galloway to Holyrood.

Galloway is a marmite politician it’s almost impossible to be indifferent to him – you either love him or hate him. Galloway was a master rhetorician and remains an impressive and passionate public speaker. However he has also, in my opinion, become a shadow of his former self – a parody of the passionate crusader he once was.

There is also Galloways questionable support of certain Arabic regimes - I wonder what he makes of the Arab spring?

If anyone doubts Galloways status as an amazing orator they should watch his performance against the US Senate. Where he effectively showed them what it was to be a politician.

However despite barnstorming political performances like this Galloway is unfortunately better known and ridiculed for the likes of this:

The reason to celebrate the non-election of Galloway is simple. He is no longer a politician and has become more of a media circus. His presence in the parliament would have been an unwelcome combative influence and denigrated the institution. The Scottish people were right not to elect George despite a history of good political performances such as this:

Galloway is correct to take Paxman to task on this issue and it relates to one of the issues arising from this years Scottish election.

That of the ratio of male to female MSPS.

I would say that it is incorrect to look at the election results in debating this issue. As then all you are doing is debating the electorates decision in not electing women. You are basically doing nothing to criticise the parties involved in how they selected or promoted their candidates rather you are describing and bemoaning the perceived role of women in our society.

If you want the parties to address the issue you have to confront how they select, who they select and where they select them.

If they have a bias towards selecting men in safe seats then they have a case to answer.

If they have a bias towards selecting men in general, through whatever means, they have a case to answer.

They most certainly do not have a case to answer based on the electorates decision. The only people they have to answer to in that regard are the people they now represent.

This is a complex issue and one that needs tackling but sensationalist spreading of misleading information and data will only harm the cause of equality not strengthen it.

In politics the argument that can be dismissed because it is based on false premises is no argument at all.

Well unless it reflects the prejudices and biases of the society in which it rises – and let’s face it any argument about women being unfairly represented rises in a male dominated patriarchal society still.

It is this society that we have to change – not our voting systems, nor I suspect the parliamentary selection processes of the parties. We risk losing more by “gaming” the system to force society into a shape it is not. Of course in some cases equality legislation can work – but I suspect only in the sense that they reduce the opportunities for discrimination and not where they err on the side of positive discrimination.

Positive discrimination reinforces prejudices and I would be cautious in implementing anything like that – particularly in an electoral system.

Women are already under-represented in politics, there is lots of research that suggests they are also treated differently and more unfairly in some cases than their male counterparts. Changing the system so it makes it harder to see if a female MSP or MP is selected and elected under their own merits as oppossed to just their gender is not the way forward.

In my opinion such an approach would only denigrate the standing of our female political representitives and set the cause of a more equal and fair society back rather than push it forward.

Of course this is a complex issue and I welcome debate and discussion. I also look forward to reading better informed and reasoned takes on the issue.

I also hope you will forgive me the conceit (and perhaps irony) of using a man as a means of introducing and framing this issue.

Scotlands Portillo Moment

In 1997, John Majors Conservatives lost an election. Tony Blair and New Labour swept to a landslide victory and the Tories were completely obliterated in Scotland.

It ushered in New Labour and the age of Champagne Socialism and the Spin Doctor.

But before Noel Gallacher was invited through the door at number ten, before we were told Saddam Hussein had weapons of mass destruction ready to launch in a mere 45 minutes there was another event that came to define the result on mayday 1997.

In the  Enfield Southgate seat Michael Portillo lost to labour.

It came as a shock to many politicians and commentators, and came to symbolise the extent of the Conservatives’ defeat.

Before the result Portillo was unable to answer the question :

“Are we seeing the end of the Conservative Party as a credible force in British politics?”

People still remember that moment and the phrase “were you up for Portillo?” came to represent a night blue turned to red and every Tory seat in Scotland vanished.

Now Scotland has it’s very own “Portillo moment” and it illustrates one of the reasons Scottish Labour find themselves facing a formidable SNP majority.

But it wasn’t Tom McCabe, Frank Macavety, Andy Kerr or Pauline McNeil or any other high profile candidate from the class of ‘99 losing their seat and it illustrates in part why Labour fared so badly in this campaign.

It was the reaction of shocked gasps of incredulity from the BBC Scotland election show panel to the taking of Shettleston that for me will define this election.

It was the moment it looked like something truly historic was happening.

The moment it started to look like the nationalists would win in a system which was set up to foil just such an event.

The SNP didn’t so much slip into Labours West Coast Citadel they stormed it.

The SNP also stormed the Lib Dems mainland strongholds.

All through the night Labour and the lib dems engaged in a back and forth trying to blame each other for their losses .

Labour repeated the mantra that the SNP had won because they had  received the Lib Dems vote and the Libs suggested that the Labour campaign played a hand.

The Lib Dems election devastation is undoubtedly down to their involvement in a coalition with the Tories. Scotand has effectively punished them.

So what of Labour? Why didn’t the centre hold?

I think they have reaped what they have sown. There has been a gradual drain of talent from the Scottish Parliament. No more do they have the Dewars, The McCleishs or even the McConnells. They became the B-team, a reserve team party – the talent went to Westminster and the Scottish electorate felt that labour didn’t care. They felt betrayed and neglected.

Now Scottish Labour have to rebuild and they have to prove to their heartlands they haven’t abandoned them. Scottish labour cannot take the Scottish electorate for granted anymore.

This is an exciting time in Scottish and UK politics.

I look forward to see where the future takes us.

…and your election microscope 2: The yes campaign starts now

Jeezo.

What can I, as a Nat, say that hasn’t already been said. When I went to sleep before the result of the AV referendum was known I never would have guessed that Scottish Independence had become slightly more likely than electoral reform!

Firstly every single SNP member, supporter, politician and activist must be congratulated for convincing Scotland nae to be feart of us anymore. Let’s not kid ourselves that we’ve made the case for an independent Scotland yet but rejoice that we have made the case successfully for the SNP to be seen as not only a credible party but the best choice to lead Scotland at Holyrood. Negative campaigning claiming all the SNP wants is to break up the Union and an expensive divorce with the rest of the UK won’t work anymore. The Scottish electorate aren’t stupid they see through those claims because they know we will do our very best for them without kowtowing to Westminster and that they can always vote no in the referendum.

That is why we SNP supporters, activists, politicians and the like must never forget that independence is still a question of “IF” rather than “WHEN” and the yes campaign starts from today. Politically the party can make the case by continuing the politics of consensus in the Scottish parliament and fighting for more powers under devolution plus (and perhaps even devolution max) and meeting it’s promises of making Scotland a better and fairer nation. It’s going to be tricky – tuition fees are going to be a one major challenge that we really need to address carefully and well – what is our “Scottish solution”?

No longer can we legitimately say that we are hindered by the other parties – we have achieved a great victory but with that victory comes a great responsibility to meet as many of our pledges and election promises as possible. We cannot and must not emulate the Liberal Democrats as that would tear asunder all the hard won ground we have made in convincing Scotland there is more to the SNP than independence and that we aren’t some bogeyman to be scared of but rather the best party to lead the Scottish Parliament.

We must be wary of the inevitable end of the honeymoon period as the reality of Tory cuts bites and we find ourselves the bad guys forced into implementing their cuts (and in all likelyhood some of our own – it seems depressingly unavoidable). If we get tax raising powers we may need to exchange some of our hard won popularity in order to raise taxes, maintain public services and meet our objectives of making Scotland a better and fairer nation. If that does happen – and anything seems possible now – then we have to be prepared to take the hit in the polls.

We will need to be realistic about this fantastic and unprecedented result: it’s a once in a lifetime event. In five years the political landscape in Scotland may be unrecognisable so we need to make the most of this opportunity and squeeze every positive we can from it to try and convince people that at the least we deserve autonomy within the UK or that we could survive and flourish as an independent nation.

Big Eck needs to continue from his victory speech and remain humble in victory. Now is not the time for bragging, now is the time to focus on whats important – improving this nation and making things better. The SNP members of the Scottish parliament have to hit the ground running and not rest on their laurels. Despite our majority we need to maintain the politics of consensus and take as many people as we can with us on this exciting journey.

But what’s needed more than anything is for us grassroots supporters to make the case for independence. But not in a romantic shortbread tin numpty way. We shouldn’t argue for independence with the language of treachery and betrayal but rather in the language of hope for the future and what might be.

We must look forward not back.

If we are to win hearts and minds we have to convince the sceptical Unionist majority that we aren’t hung up on history, that we don’t blame the English for all Scotlands ills and that our vision of Scotland outside the Union is based on what can happen in the next 300 years not the last.

So I ask you grassroots activists to abandon narratives of treachery and traitors, of histrionics and history and to focus on the future.

The potential prize that lies before us.

A better nation.

…and your election microscope

Have heard a number of things from people who aren’t going to vote SNP of late.

1. I don’t want to be seen as supporting independence

2. I don’t want to be associated with their more knuckle dragging supporters.

Both of these points made with a caveat along the lines of “I like their policies” or similar.

Well folks if you like their policies than vote for them – at least in Holyrood. On point 1. Yes your vote will go to a party that supports having a referendum on independance. That afterall is the official SNP line, even if the party was founded for independence and most of it’s members want independence all the party is committed to is having a referendum for the public to decide. Indeed far from being a single issue party the SNP have, I belive, shown themselves to be a competent and successful (in the main – there are a few things I take exception to) party of Government and Big Eck (strangely) has become quite the statesman. Their centre left policies play well to most Scots and their confidence and supply agreements with the Tories mean they please those on the right who want more bobbies on the beat and the like. As a minority government (which under the Scottish electoral system is all they will likely be) the SNP have performed really quite well over the last few years with only minor hiccups.

But all I want to say is: A VOTE FOR THE SNP IS NOT AUTOMATICALLY A VOTE FOR INDEPENDENCE.

It is in fact a vote for perhaps the most competent government Scotland could currently have (in my admitadlty partisan opinion). Realistically the Libs and Tories are out of it, the greens are only fielding constituency candidates (so much for being the only real alternative…)  which leaves Ian Gray led Scottish Labour. Whose manifesto is pretty poor and who are consistantly just utter rubbish. To the extent I am becoming less of a tribal SNP voter and supporter and more of a tribal anti-scottish labour supporter. The b-team of British politics.

Most Lib Dems should probably be voting SNP is they want to see Lib Dem policies enacted in Scotland. Most people who are on the centre left should vote SNP to see centre left policies enacted in Scotland. Perversley and conversley if the SNP were elected as a confidence and supply minority government again there is even more chance of the occassional Tory policy being enacted in exchange for concessions in other areas!

I mean I know I am extremely partisan but seriously – why wouldn’t you vote SNP?

If your answer is INDEPENDENCE – get over it. What you are essentially against in the context of a Holyrood election is the people of Scotland being given the chance to decide on the issue once in a generation. If you think the majority is pro-independence you have a reason not to vote SNP – abeit a perverse one in a democracy…

On the second point: well idiots and knuckle draggers support every party and if you don’t vote for a party whose policies you agree with because someone you don’t like also supports them than you are an idiot. An idiot and a coward.