Laws of specific jurisdictions and specific areas of law Books

Book SynopsisThis book comprises a collection of papers given at the fifth biennial conference of the Centre for Property Law at the University of Reading held in March 2004,and is the third in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume includes a refereed and revised selection of the papers given there. The papers thus cover a broad range of topics of immediate importance including: land registration, leasehold and commonhold, prescription and law and equity. A growing and popular aspect of the series is its coverage of property law matters worldwide; this volume includes essays on property law in developing countries, in South Africa, Canada, and Eastern Europe.Table of ContentsI - Keynote Address 1. Prescriptive Acquisition of Easements: Abolition or Reform? Stuart Bridge II - Land Registration 2. Forgery and Alteration of the Register under the Land Registration Act 2002 David Fox 3. Registration of Invalid Dispositions: Who Gets the Property? Pamela O’Connor 4. Toward an Ecologically Sustainable Property Concept Murray Raff III - Law and Equity 5. Personal Liability for Receipt of Trust Property: Allocating the Risks Gary Watt 6. Co-Owners and Equitable Accounting: A Comparative Commonwealth Analysis Heather Conway 7. Allcard v Skinner Revisited: Historical Perspectives on Undue Influence Charlotte Smith 8. Charges, Possession and Human Rights: A Reappraisal of S 87(1) of the Law of Property Act 1925 Sarah Nield 9. Re Goldcorp Exchange Ltd Revisited Paul Eden IV - Leaseholds and Commonholds 10. The Regulation of Long Residential Leases Martin Davey 11. Commonhold—A Critical Appraisal Cornie van der Merwe and Peter Smith V - Property in Europe 12. The Notion of Real Estate and Rights Pertaining to it in Selected Legal Systems Stanislawa Kalus and Magdalena Habdas 13. Reaching a Balance: Addressing Property Issues in Post-Conflict Societies Sarah Williams VI - Property Worldwide 14. Tensions of Modernity: Law in Developing Land Markets Patrick McAuslan 15. Formalisation of South African Communal Land Title and its Impact on Development Hanri Mostert and Juanita Pienaar 16. “Taking” Liberties: Protections for Private Property in Canada Bruce Ziff 17. Property Theory and the Transformation of Property Law Andre van der Walt

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Book SynopsisThe Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.Trade Review… this book provides an excellent analysis of the status of the principle of prohibition of abuse of law under EU law. It explores the consequences of the possible introduction of such a general principle on the development of EU law and Member State laws. It brings into the discussion ideas and arguments that in some cases were subsequently validated by the CJEU. The interdisciplinary nature of the book together with the wealth of material it includes make it truly unique—an invaluable source of reference for future discussions. -- Christiana HJI Panayi * British Tax Review No 5 2012 *The book has two particular merits. First, it is the result of a truly interdisciplinary debate bringing together EU lawyers, tax lawyers and comparative lawyers with different interests, perspectives and areas of expertise...A second strength is that the various contributions do not only examine the most recent milestone cases of the ECJ with regard to abuse of rights, but also carry out a thorough retrospective analysis from the 1970s until today...As a result of these two main merits, the book follows a clear and coherent structure. ...the book under review can without doubt be qualified as the first comprehensive standard work on the topic of abuse of rights in EU law. The book is truly innovating, since it offers for the first time a coherent and integrated interdisciplinary study of the concept of abuse of rights at the EU level. Moreover, the views and suggestions offered in the book will undeniably serve as an important source of inspiration for future discussions on abuse of rights. -- Annekatrien Lenaerts * Common Market Law Review Volume 49, 2012 *The book is of great interest to scholars of EU law, private international law and taxation, as well as national legislatures and practitioners in all of these areas. The red thread that connects the various instances of prohibition of abuse, making it possible to gain an overview of the emerging principle, could only be spun by bringing together researchers from different areas, complementing each other’s presentations, and thus allowing for true, in-depth comparative research, for which the editors deserve to be commended. -- Talia Einhorn * Rabels Zeitschrift fuer auslaendisches und internationales Privatrecht, Volume 78 *Table of ContentsI Introduction Introducing the Principle of Prohibition of Abuse of Law Rita de la Feria xv II The Framework: General Principles of EU Law and the Prohibition of Abuse 1 Prohibition of Abuse of (European) Law: The Creation of a New General Principle of EC Law through Tax: A Response Paul Farmer 2 What is a General Principle of EU Law? Anthony Arnull 3 What is a General Principle of EU Law? A Response Karsten Engsig Sørensen 4 The Abuse of Rights in the Civil Law Tradition James Gordley III The Origins: Free Movement of Services 5 Fitting 'Abuse of Rights' into EU Law Governing the Free Movement of Goods and Services Stephen Weatherill 6 Free Movement of Broadcasting Services and Abuse of Law Dimitrios Doukas 7 The Notion of Abuse and the Freedom to Provide Services: A Labour Lawyer's Perspective Catherine Barnard IV The Development: Freedom of Establishment, Company Law and Competition Law 8 Sparking Regulatory Competition in European Company Law: The Impact of the Centros Line of Case Law and its Concept of 'Abuse of Law' Wolf-Georg Ringe 9 Sparking Regulatory Competition in European Company Law: A Response John Vella 10 Abuse of Law in the Context of European Insolvency Law Horst Eidenmüller 11 Abuse of European Insolvency Law? A Discussion John Armour 12 Abuse of Rights in EU Law: Some Reflections with Particular Reference to Financial Law Takis Tridimas 13 Comments on Abuse of Rights in EU Law Pierre Schammo V The Test: Free Movement of Goods and Common Agricultural Policy 14 The Emsland-Stärke Abuse of Law Test in the Law of Agriculture and Free Movement of Goods Panos Koutrakos 15 The Notion of and a General Test for Abuse of Rights: Some Normative Reflections Jukka Snell VI The Unknown: Private Law and International Civil Procedure 16 Abuse of Law in EU Private Law: A (Re-)Construction from Fragments Axel Metzger 17 Comments on 'Abuse of Law' in European Private Law Simon Whittaker 18 The Rejection of Abuse in International Civil Procedure Adrian Briggs 19 The Discreet Influence of Abuse of Law in International Civil Procedure Gilles Cuniberti VII The Exceptions? Free Movement of Workers and Citizenship 20 'Prohibition of Abuse of Law': A New General Principle of EU Law Jonathan Faull 21 'Abuse of Law' in the Context of the Free Movement of Workers Katja S Ziegler 22 Comments on Abuse of Law and the Free Movement of Workers Eleanor Spaventa 23 Citizenship of the Union: Above Abuse? Cathryn Costello 24 Some Comments on the Idea of a General Principle of Union Law Prohibiting Abuses of Law in the Field of Free Movement for Union Citizens Michael Dougan VIII The Confirmation? Tax Law 25 The Anatomy of Tax Avoidance Counteraction: Abuse of Law in a Tax Context at Member State and European Union Level Judith Freedman 26 Abuse of Law in the Context of Indirect Taxation: From (Before) Emsland-Stärke 1 to Halifax (and Beyond) Pasquale Pistone 27 Abuse of Law in the Context of Indirect Taxation: Why We Need the Subjective Intention Test, When is Combating Abuse an Obligation and Other Comments Dennis Weber 28 Cadbury Schweppes and Abuse from an EU Tax Law Perspective Frans Vanistendael 29 Cadbury Schweppes and Abuse: Comments Richard Lyal 30 Cadbury Schweppes' Line of Case Law from the Member States' Perspective Michael Lang 31 Cadbury Schweppes: Breach, Abuse Justification and Why They Are Different Julian Ghosh 32 A Single Principle of Abuse in European Union Law: A Methodological Approach to Rejecting a Different Concept of Abuse in Personal Taxation Ana Paula Dourado 33 Is There a Role for a European Principle Prohibiting Abuse of Law in the Field of Personal Taxation? A Comment Edwin Simpson 34 State Aid, Taxation and Abuse of Law Timothy Lyons 35 Comments on State Aid, Taxation and Abuse of Law Conor Quigley IX Conclusion 35 The Prohibition of Abuse of Law: An Emerging General Principle of EU Law Stefan Vogenauer

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Book SynopsisWhen a person is subject to the Mental Health Act, many of his or her principal rights are taken away. It is the function of the nearest relative to compensate for that loss. This fully updated second edition explains how the nearest relative is identified, and how in some cases he or she might be displaced. It also contains a wealth of new case examples and illustrative scenarios, providing a succinct discussion of each significant case and incorporating all the very latest changes to the Mental Health Act. The Nearest Relative Handbook will be an invaluable aid to those who find themselves in a professional relationship with a nearest relative, to those who are or wish to be a nearest relative and to anyone needing to make sense of the relevant statutory provisions.Trade ReviewPraise for the first edition:'An excellent, comprehensive and thoughtful guide to the rights, powers, and duties of nearest relatives under the Mental Health Act. This is the definitive work on the subject.' -- Phil Fennell, Professor of Law, Cardiff Law SchoolThis intelligent and comprehensive analysis is a welcome addition to the currently scant literature in this area. -- Journal of Mental Health LawThere can hardly be a professional concerned with MeHA 1983 and its practical application in daily practice who will not benefit from having this book to hand... -- New Law JournalHewitt looks first at the development of the role of nearest relative, where it is now, the problems it presents and how these are likely to be resolved…The rules are comprehensively worked through and the examples clear. -- Tony Eaton, Solicitor, Brent Community Law CentreTable of ContentsList of Abbreviations Used in this Book. Introduction. 1. The Recent History of the Nearest Relative. 2. The Nearest Relative of an Adult. 3. The Nearest Relative of some Minors. 4. Ceasing to be the Nearest Relative. 5. Admission and the Nearest Relative. 6. Discharge and the Nearest Relative. Appendix One. Statutory Extracts. Appendix Two. Regulations. Appendix Three. Specimen Document. Appendix Four. List of Legal Cases Cited. References. Subject index. Author index.

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Book SynopsisThis book offers a timely and critical evaluation of the Chicago School approach to antitrust law. Recent judgements by the United States Supreme Court (in cases such as Kodak) and the debate surrounding the Microsoft monopoly have led to the view that antitrust has entered the post-Chicago era, in which previous immoderations are tempered, and more refined and accurate analyses take precedence. This claim is made at a time when European competition policy is gradually embracing an economics-based approach. The authors discuss the economic foundations of competition policy and the different ways in which both American and European competition law does - or does not - take account of economic insights. Although the book makes no claim to provide a definitive answer to the host of questions arising from the complexities of antitrust, it does offer an important contribution to a better understanding of the many 'interfaces' between economic thinking and sound legal policy.More than 20 years on from the initial successes of the Chicago School, this book provides a timely appraisal of developments in antitrust law. It will be an enlightening and challenging read for a host of academics, practitioners and policymakers including industrial and political economists, lawyers, regulators and corporate strategists.Table of ContentsContents: 1. The Reckoning of Post-Chicago Antitrust Herbert Hovenkamp 2. The Difficult Reception of Economic Analysis in European Competition Law Roger Van den Bergh 3. Apreface to Post-Chicago Antitrust Jonathan B. Baker 4. Post-Chicago, Post-Seattle and the Dilemma of Globalization Eleanor M. Fox 5. The Bounds Approach to Antitrust Patrick Van Cayseele 6. Dynamic Efficiency and US Antitrust Policy Rudolph J.R. Peritz 7. ‘Obvious’ Consumer Harm in Antitrust Policy: The Chicago School, the Post-Chicago School and the Courts John E. Lopatka and William H. Page 8. Second Order Oligopoly Problems with International Dimensions: Sequential Mergers, Maverick Firms and Buyer Power Michael S. Jacobs 9. Rule Fixing: An Overlooked but General Category of Collusion Robert H. Lande and Howard P. Marvel 10. Raising Consumers’ Costs as an Antitrust Problem: A Sketch of the Argument from Kodak to Microsoft (the European Proceedings) Francesco Denozza 11. How Safe is the King’s Throne? Network Externalities on Trial Roberto Pardolesi and Andrea Renda 12. The Vertical Price Fixing Controversy Antonio Cucinotta 13. The Competitive Dynamics of Distribution Restraints: Efficiency versus Rent Seeking 280 Peter C. Carstensen 14. Cooperation, Competition and Collusion Among Firms at Successive Stages Robert L. Steiner Index

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Book SynopsisThe past decade has witnessed a proliferation of regulatory agencies at both the national and the EU level. This coherent and clearly structured book is the first of its kind to analyse in equal measure, and interdependently, both national regulatory authorities and European agencies. It brings together a select group of highly esteemed contributors - authorities in their fields - to provide a systematic and over-arching view of regulation in the EU. Unlike many of the previous attempts to shed light on this increasingly opaque and complex co-existence of regulatory systems, this book takes a genuinely multi-disciplinary approach with integrated perspectives from law, politics and economics. Exploring firstly the rationales for the existence of agencies, the book then goes on to examine how agencies are designed in the EU before considering the legal and political challenges they raise, and finally comparing them with international agencies and agencies in an enlarged Europe and the wider world.Academic researchers in the fields of law, economics and politics will find Regulation through Agencies in the EU of great interest as will EU law practitioners, policymakers and regulators in Europe.Trade Review'. . . those interested in regulatory politics in Europe will find this book a useful set of essays.' -- Michelle Egan, European Law ReviewTable of ContentsContents: Part I: Rationales for Setting Up Agencies 1. The Politics of Regulation in the European Union Paul Magnette 2. Regulation of Liberalised Markets: A New Role for the State? (Or How to Induce Competition Among Regulators) Phedon Nicolaïdes Part II: The Design of Agencies in the EU 3. Independent Regulatory Agencies and Elected Politicians in Europe Mark Thatcher 4. Agencies for European Regulatory Governance: A Regimes Approach Colin Scott 5. Delegation to EU Non-Majoritarian Agencies and Emerging Practices of Public Accountability Deirdre Curtin 6. Independence, Accountability and Transparency of European Regulatory Agencies Ellen Vos Part III: Challenges Raised by Agencies in the EU 7. Good Governance and European Agencies: The Balance Michelle Everson 8. Coordination of European and Member State Regulatory Policy: Horizontal, Vertical and Transversal Aspects Pierre Larouche 9. The Proliferation of National Regulatory Authorities Alongside Competition Authorities: A Source of Jurisdictional Confusion? Nicolas Petit Part IV: Agencies in a Comparative and International Perspective 10. The Development of European Regulatory Agencies: Lessons from the American Experience Damien Geradin 11. Regulation and Globalization: Interactions between International Standard-setting Agencies and the European Union Jan Wouters and Sten Verhoeven Index

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Book SynopsisModelling European Mergers presents a comprehensive and fresh perspective on the economic analysis of mergers by leading academics and competition policymakers from Europe and the US. The book frankly discusses the pros and cons of using applied game theory models in merger control from historical and theoretical perspectives. Seven case studies on the actual use of advanced techniques and models in legal procedures provide a perspective from the national competition authorities in Belgium, Denmark, Italy, The Netherlands and Sweden on markets that range from basic goods such as bread and aperitifs to complex products such as electricity, literature and software. The case studies provide many insights into practical issues such as data collection, procedures and errors of predication, as well as in the relative merits of different econometric approaches. A recurring theme of the book is how economic insights can be translated into convincing legal decisions.The contributions cover a broad spectrum of markets, methods and countries and the contributors offer incisive reflection on the increasing use of economics in competition policy.This unique book is a thorough transatlantic discussion of academic and policy insights combined with applications based on actual decisions. It will appeal to legal and economic professionals who deal with and advise on mergers and acquisitions whether they be in a ministry, central bank or competition authority setting. Scholars and students interested in analysing markets, law and economics, industrial organization and applied econometrics will also find much to interest them in this work.Trade Review'This book is a must-read for those representing potential merger parties or involved in the regulation of Australian mergers. The book is a collection of well-organised and thoughtful papers by very qualified authors.' -- Deirdre L. Hay, Competition and Consumer Law Journal'. . . the book provides a timely and comprehensive overview of an important recent development in merger control in Europe. . . Anyone interested in merger simulation, as a practitioner or as an academic, will therefore profit from studying this volume thoroughly.' -- Arndt Christiansen, European Competition Law Review'[This book] is important because it reports on the discussion among competition policy experts about the strengths and weaknesses of economic methods that have been and will be increasingly used in merger cases. It shows the potential of the decentralized European structure at its best. European competition authorities learn from each other's experiences and discuss their approach with colleagues and academic experts from other jurisdictions. In addition the transparency offered by this book allows firms, consultants, economists and legal experts to assess the pros and cons of the empirical economic approach to merger analysis.' -- From the preface by Neelie Kroes (European Competition Commissioner)Table of ContentsContents: Preface by Neelie Kroes 1. How to Merge with Law and Economics? Part I: European Policy Perspectives 2. Economic Analysis and Competition Policy Enforcement in Europe 3. European Merger Control: A Case of Second Mover Advantage? Part II: Strengths and Weaknesses of Simulation Models 4. Merger Simulation: Potentials and Pitfalls 5. On the Use of Economic Modelling in Merger Control 6. Merger Simulation Analysis: An Academic Perspective 7. Mergers and the New Guidelines: Lessons from Hachette–Editis Part III: European Case Studies 8. Simulating Merger Price Effects Using PCAIDS with Nests: The Italian Aperitif Market 9. Simulating the Effect of Oracle’s Takeover of PeopleSoft 10. Modelling the Electricity Market: Nuon–Reliant 11. Modelling Danish Mergers: Approach and Case Studies 12. On Simulation and Reality: A Swedish Example 13. What Merger Simulation is Not: Hessenatie–Noord Natie in Retrospect References Index

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Book SynopsisEconomic analysis is becoming an increasingly powerful means of illuminating the European Union legal system, both as a method of deciphering and of influencing EU policy. This important volume focuses upon this relationship between economics and EU law, elucidating both the complex and complementary nature of these two subjects. This authoritative selection of articles includes topics such as the politics of European federalism, the law and economics of immigration policy, judicial review and corporate governance in the European Union. Professor Stephan's perceptive introduction highlights the interrelated aspect of these subjects and the potential conclusions to be drawn from the volume as a whole.Trade Review'. . . recommended for those who seek to have a convenient collection in one volume of various essays on a diverse range of topics of the economics of EU law.' -- Vincent J.G. Power, International Company and Commercial Law ReviewTable of ContentsContents: Acknowledgements Introduction Paul B. Stephan PART I THE POLITICAL ECONOMY OF THE EUROPEAN UNION 1. Alberto Alesina, Ignazio Angeloni and Ludger Schuknecht (2005), ‘What Does the European Union Do?’ 2. Robert Cooter and Josef Drexl (1994), ‘The Logic of Power in the Emerging European Constitution: Game Theory and the Division of Powers’ 3. Dennis C. Mueller (1998), ‘Constitutional Constraints on Governments in a Global Economy’ 4. Juan-Jose Ganuza and Esther Hauk (2004), ‘Economic Integration and Corruption’ 5. George Tridimas (2004), ‘A Political Economy Perspective of Judicial Review in the European Union: Judicial Appointments Rule, Accessibility and Jurisdiction of the European Court of Justice’ 6. J.H.H. Weiler (1991), ‘The Transformation of Europe’ PART II THE EUROPEAN UNION AS A COMMON MARKET 7. William W. Bratton and Joseph A. McCahery (2001), ‘Tax Coordination and Tax Competition in the European Union: Evaluating the Code of Conduct on Business Taxation’ 8. Michael J. Graetz and Alvin C. Warren, Jr. (2006), ‘Income Tax Discrimination and the Political and Economic Integration of Europe’ 9. Tomer Broude (2006), ‘Between Pax Mercatoria and Pax Europea: How Trade Dispute Procedures Serve the EC’s Regional Hegemony’ PART III CENTRALIZATION AND SUBSIDIARITY 10. Jenna Bednar, John Ferejohn and Geoffrey Garrett (1996), ‘The Politics of European Federalism’ 11. Fritz Breuss and Markus Eller (2004), ‘The Optimal Decentralisation of Government Activity: Normative Recommendations for the European Constitution’ 12. Bruno S. Frey and Reiner Eichenberger (1996), ‘FOCJ: Competitive Governments for Europe’ PART IV THE EUROPEAN UNION AND COMPETITION POLICY 13. Paul B. Stephan (2005), ‘Global Governance, Antitrust, and the Limits of International Cooperation’ 14. Ben Depoorter and Francesco Parisi (2005), ‘The Modernization of European Antitrust Enforcement: The Economics of Regulatory Competition’ PART V THE EUROPEAN UNION AND CORPORATE GOVERNANCE 15. Dennis C. Mueller (2005), ‘The Economics and Politics of Corporate Governance in the European Union’ 16. Jeffrey N. Gordon (2003), ‘An International Relations Perspective on the Convergence of Corporate Governance: German Shareholder Capitalism and the European Union, 1990–2000’ 17. Luca Enriques and Matteo Gatti (2006), ‘The Uneasy Case for Top-Down Corporate Law Harmonization in the European Union’ PART VI THE EUROPEAN MONETARY UNION 18. Robert P. Inman and Daniel L. Rubinfeld (1994), ‘The EMU and Fiscal Policy in the New European Community: An Issue for Economic Federalism’ 19. Martin Feldstein (1997), ‘The Political Economy of the European Economic and Monetary Union: Political Sources of an Economic Liability’ PART VII CITIZENSHIP, VOICE AND LOYALTY 20. Dennis C. Mueller (2004), ‘Rights and Citizenship in the European Union’ 21. Michael J. Trebilcock (2003), ‘The Law and Economics of Immigration Policy’ Name Index

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book SynopsisA Comprehensive Introduction to Employment Law in the UK

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Book SynopsisThis book examines some of the major origins of change in institutions and policies in European governance. The authors combine a sophisticated institutional analysis with in-depth insights into European policies across a wide variety of policy fields. The fields examined are higher education, employment, research, police co-operation, as well as foreign affairs, trade, energy, and security and defence policy. Presenting the fruit of years of collaboration in an EU-funded Research Training Network, the authors expand the mechanisms through which political actors transform apparent deadlock into actual change in European policy making.Providing a systematic treatment of changing modes of European governance, Dynamics and Obstacles of European Governance will be of great interest to those in the fields of international politics and European studies, as well as European law and policy studies.Table of ContentsContents: Preface Introduction: Yet it Moves: Overcoming Obstacles in European Governance PART I: THE DYNAMICS OF CHANGING MODES OF GOVERNANCE IN EUROPE 1. Variations on Soft EU Governance: The Open Method(s) of Coordination Elissaveta Radulova 2. The Emergence of the Bologna Process: Pan-European Instead of EU Governance Cornelia Racké 3. Governing Security in the European Union: Institutions as Dynamics and Obstacles Christopher Reynolds 4. The EU Regulatory Trade Agenda and the Quest for WTO Enforcement Dirk De Bièvre PART II: POLICY CHANGE IN EU EXTERNAL RELATIONS 5. Avoiding Deadlock in European Trade Policy Andreas Dür 6. Unwelcome Europeans: EU External Governance and Shallow Europeanisation in Ukraine Stephan Hofer 7. Liberty and Security in Anti-Terrorist Police Cooperation in the EU Simon Dalferth 8. Conflicting Expectations in Overlapping Systems of Multi-Level Governance Pat Lyons 9. Decision-Making by Antagonistic Representation: On the Path to Conflict Prevention and Crisis Management Mariano Barbato and Isabelle Tannous Index

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Book SynopsisThis book comprises contributions on recent developments in China from a law and economics perspective. For the first time Chinese and European scholars jointly discuss some important attributes of China's legal and economic system, and some recent problems, from this particular viewpoint.The authors apply an economic analysis of law not only to general characteristics of China's social order, such as the specific type of federal competition, the efficiency of taxation and regulation, and the importance of informal institutions (Guanxi), but also to distinct areas of Chinese law such as competition policy, professional regulation, corporate governance and capital markets, oil pollution, intellectual property rights and internet games. The contributors discuss to what extent the law and economic models that have so far been employed within the context of developed countries can be applied to a country like China as well. The European scholars use law and economics in order to determine what China could learn from the European experience. The Chinese scholars discuss whether law and economics can be of any use in analysing the particular features of the Chinese legal system today.Economic Analysis of Law in China will appeal to lawyers, economists and social scientists in China interested in developing legal institutions with an eye on economic efficiency. Scholars generally interested in the economic analysis of law, as well as in the comparison and transition of economic systems, will also find much in this book that will be of interest to them.Trade Review'This book is an exemplary multi-disciplinary and multi-institutional study of contemporary Chinese law. A collective effort by a group of European and Chinese scholars, it skillfully tests the relationships between law and economics in the Chinese context.' -- The China Journal'This is an extremely valuable collection of essays on modern Chinese law viewed through the lens of the law and economics movement. China is developing very rapidly and law is now understood to provide the essential framework for economic development - provided the law itself is economically rational. The essays in this volume are excellent examples of how economics can be used to clarify and guide the law applicable to the essential dimensions of the economy. I recommend it wholeheartedly and without reservations.' -- Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US'This book brings together important applications of law and economics to China and covers a wide range of issues, including such basic concerns as property rights, intellectual property, and taxation, as well as competition law and corporate and securities law. Because of its breadth of coverage, its focus on the particulars of Chinese law, and the expertise of its scholars - both Western and Chinese - it should serve as a valuable reference work for years to come.' -- Steven Shavell, Harvard Law School, US'This book is an important step toward a Chinese scholarship in law and economics, written by leading law and economics researchers from China and Europe.' -- Hans-Bernd Schaefer, Universitat Hamburg, GermanyTable of ContentsContents: Preface PART I: BASIC FEATURES OF THE CHINESE ECONOMIC SYSTEM 1. A Comparison of Chinese and European-Style Federalism from a Law and Economics Perspective Thomas Eger and Margot Schüller 2. The Road to Efficient Taxation in China Pierre Garello 3. Legal Pluralism in the Governance of Transitional China Jianwei Zhang and Yijia Jing PART II: SPECIFIC ASPECTS OF THE CHINESE LEGAL SYSTEM FROM AN ECONOMIC PERSPECTIVE 4. The Economics of Competition Policy and the Draft of the Chinese Competition Law Roger Van den Bergh 5. The Law and Economics of Professional Regulation: What Does the Theory Teach China? Niels J. Philipsen 6. Regulatory Arrangements and Incentives for Opportunistic Behaviour Anthony I. Ogus 7. Special Treatment (ST) Firms and Administrative Governance of Capital Markets in China Julan Du, Lucy Liu Yajun and Sonia M.L. Wong 8. Monitoring Problems versus Fiduciary Duties in Chinese Stock Companies: An Economic and Comparative Analysis on Corporate Governance Qing-Yun Jiang 9. The Stable Self-Enforcement and Distribution of Property Right: The Right to Virtual Property in MMORPG Jian Wei and Shanguo Xue PART III: CHINA IN THE WORLD ECONOMY 10. Intellectual Property Law and Policy and Economic Development with Special Reference to China Anselm Kamperman Sanders 11. Economic Analysis of Compensation for Oil Pollution Damage in China Michael Faure and Wang Hui PART IV: CONCLUDING REMARKS 12. Conclusions Thomas Eger, Michael Faure and Zhang Naigen Index

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Book SynopsisFirst published 30 years ago, Wyatt and Dashwood's European Union Law was a landmark publication, designed and written for students taking degree level courses in EU law. In the intervening years new editions have appeared at regular intervals, firmly establishing the book as a reliable and authoritative text. Besides introducing generations of students to the intricacies of European law it has also been increasingly relied upon by scholars, practitioners and the courts as a valuable source of reference on this complex and ever-expanding body of law. While the book cannot cover every aspect of the subject matter, it nevertheless offers comprehensive coverage of those aspects of EU law most commonly studied at degree level. Part I introduces the history and foundations of the Union's primary law. Part II looks at the Union's institutions, decision-making procedures and competences. It also deals with the Union judiciary, focusing on direct actions before the Union courts and preliminary references from national courts. The constitutional fundamentals of direct effect and supremacy, effective judicial protection before national courts, general principles of Union law and the Charter of Fundamental Rights are dealt with in Part III. Part IV covers the internal market: free movement of goods, Union citizenship, workers, establishment and services, the services directive, mutual recognition of qualifications, corporate establishment and company law harmonisation. Part V deals with competition law: Articles 101 and 102 TFEU, the enforcement of Union competition rules and other related competition law issues. Part VI then includes a brand new chapter concerned with the EU's external relations, together with treatment of the legal effects of international agreements entered into by the EU. As with previous editions the aim is to provide an accurate, critical, pragmatic and original account of the subject, at times also offering unique insiders' insights. The book holds to its reputation as being both broad and profound, the ideal foundation for gaining a deep understanding of EU law. This edition reflects the law post-Lisbon. It has also been re-structured and re-designed, so as to facilitate ease-of-use. Its original authors, Derrick Wyatt and Alan Dashwood, continue to make a significant contribution. Michael Dougan, Eleanor Spaventa and Barry Rodger complete the team of authors working on this invaluable textbook and reference work. The 6th edition has already been cited in the Northern Ireland High Court by The Honourable Mr. Justice Bernard McCloskey [2011] NIQB 61.Table of ContentsPART I: INTRODUCTION 1 From the Founding Treaties to the Treaty of Lisbon 2 An Overview of the Union's Primary Law PART II: INSTITUTIONAL FUNDAMENTALS 3 The Institutions of the European Union 4 The Union's Decision-making Procedures 5 The System of Union Competences 6 Direct Actions Before the Union Courts 7 References for Preliminary Rulings PART III: CONSTITUTIONAL FUNDAMENTALS 8 The Direct Effect and Supremacy of Union Law 9 Judicial Protection of Union Rights before the National Courts 10 General Principles of Union Law 11 Fundamental Rights 12 The Charter of Fundamental Rights PART IV: THE INTERNAL MARKET 13 Fiscal Barriers to the Free Movement of Goods 14 The Free Movement of Goods: Quantitative Restrictions and Measures Having Equivalent Effect 15 Union Citizenship and the Rights to Move and Reside in the European Union 16 Freedom of Movement for Workers 17 The Right of Establishment and the Freedom to Provide Services 18 The Directive on Services in the Internal Market 19 Mutual Recognition of Diplomas, Training and Experience, and the Co-ordination of National Qualifications 20 Corporate Establishment, Cross-border Acquisitions and Golden Shares 21 Company Law Harmonisation PART V: COMPETITION LAW 22 Introduction to EU Competition Law 23 Article 101: Cartels and Anti-competitive Agreements 24 Abuse of Dominance: Article 102 25 Enforcement of Articles 101 and 102 26 State Aid and State Regulation PART VI: EXTERNAL RELATIONS 27 External Action 28 The Legal Effects of International Agreements

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Book SynopsisLaw and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.Trade ReviewThe study of English legal history has been greatly enhanced and brought up-to-date with the publication of a new edition of this seminal text. -- Ciaran McCabe, University College Dublin * The Journal of Legal History *Table of ContentsCHAPTER ONE. INSTITUTIONS AND IDEAS Part 1: Industrialisation 1750–1875 Part 2: Passing Greatness 1875–1950 CHAPTER TWO. LAND Part 1: Agricultural Exploitation 1750–1850 Part 2: Urban Conditions and Land Values 1750–1850 CHAPTER THREE. COMMERCE AND INDUSTRY Part 1: Contract Part 2: Debt, Bankruptcy, Insolvency Part 3: The Limited Liability Company Part 4: Legal Control of Anti-Competitive Activity Part 5: Technological Advance and The Patent System CHAPTER FOUR. LABOUR RELATIONS Part 1: Service and Its Regulation 1760–1875 Part 2: Employment 1875–1950 CHAPTER FIVE. THE FAMILY Part 1: Private Family Law 1750–1850 Part 2: New Pressures on Family Law: 1850–1950 CHAPTER SIX. POVERTY AND EDUCATION Part 1: Destitution in Country and Town 1750–1890 Part 2: Schools: Learning and Mass Literacy to 1890 Part 3: Poor Relief and Its Alternatives Part 4: Education – The Modern Structure CHAPTER SEVEN. ACCIDENTS Part 1: Compensation by Civil Suits Part 2: Planning Against Accidents CHAPTER EIGHT. CRIME Part 1: The Era of The Bloody Code Part 2: Criminal Justice Transformed Part 3: Into The Twentieth Century

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Book SynopsisThis comprehensive volume comprises original essays by authors well known for their work on the European Union. Together they provide the reader with an economic analysis of the most important elements of EU law and the mechanisms for decisions within the EU. The Handbook focuses particularly on how the development of EU law negotiates the tension between market integration, national sovereignty and political democracy. The book begins with chapters examining constitutional issues, while further chapters address the establishment of a single market. The volume also addresses sovereign debt problems by providing a detailed analysis of the architecture of the EU's monetary institutions, its monetary policy and their implications. The depth and breadth of the Handbook's coverage make it an essential reference for students, scholars and policymakers interested in the complexities of the European Union. Contributors: H. Brucker, F. Cafaggi, E. Carbonara, T. Eger, M.G. Faure, J. Fidrmuc, N. Garoupa, F. Gomez, M.J. Holler, P.C. Leyens, B. Luppi, A. Nicita, R. Pardolesi, F. Parisi, J. Pelkmans, H.-B. Schafer, H. Siekmann, G. Tsebelis, S. Voigt, H.-J. WagenerTable of ContentsContents: Introduction Thomas Eger and Hans-Bernd Schäfer PART I: THE CONSTITUTIONAL FRAMEWORK OF THE EU 1. A Constitution Like Any Other? Comparing the European Constitution with Nation State Constitutions Stefan Voigt 2. The Rules of Decisionmaking in EU Institutions George Tsebelis 3. EU Decision Making and the Allocation of Responsibility Manfred J. Holler 4. Can Member State Liability for the Infringement of European Law Deter National Legislators? Hans-Bernd Schäfer 5. Subsidiarity for a Changing Union Emanuela Carbonara, Barbara Luppi and Francesco Parisi PART II: BASIC FREEDOMS 6. Mutual Recognition: Economic and Regulatory Logic in Goods and Services Jacques Pelkmans 7. The Law and Economics of the Free Movement of Persons in the European Union Herbert Brücker and Thomas Eger PART III: CORPORATION LAW AND CORPORATE GOVERNANCE 8. Corporate Governance in Europe: Foundations, Developments and Perspectives Patrick C. Leyens PART IV: PRIVATE LAW 9. Private Law I: Tort Michael G. Faure 10. Private Law II: Contract Fernando Gomez PART V: CONSUMER PROTECTION 11. The Evolution of Consumer Protection in the EU Fabrizio Cafaggi and Antonio Nicita PART VI: LAW ENFORCEMENT 12. An Economic Analysis of Legal Harmonization: The Case of Law Enforcement within the European Union Nuno Garoupa 13. Private Enforcement of Antitrust Law Roberto Pardolesi PART VII: DIVERSITY IN UNITY 14. Eastern Enlargement of the European Union Hans-Jürgen Wagener 15. The Economics of Multilingualism in the EU Jan Fidrmuc PART VIII: MONETARY INSTITUTIONS AND MONETARY POLICY 16. Law and Economics of the Monetary Union Index

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Book Synopsis'They have built a dam across the rivers of justice and then they complain of the drought in the field below.' - With these stinging words W. Clarke Durrant III, then Chairman of the Legal Services Corporation, admonished the American Bar Association in 1987 for its use of monopoly prices to exclude less affluent Americans from access to civil justice.The Right to Justice reviews the history of legal services in the US from its origins in the 1890s to the multi-million dollar Federal program of the late 20th century. But this is no ordinary text. Charles Rowley skilfully shows how government transfers tend to be dissipated in competitive rent-seeking by special interest groups, that much of what is left tends to be subverted to the agendas of the more powerful groups and that the residuals tend to be inefficiently managed by a poorly monitored and ideologically motivated supply bureaucracy. The upshot is that customer preferences play little or no role in the allocation of resources within the legal services budget.In a veritable tour de force, Charles Rowley places the US Federal legal services program on the scholarly rack of public choice - which analyses individual behaviour in terms of universal self-seeking motivations in a political market. He offers a convincing unique explanation of the forces that have subverted a well meaning attempt to assist poor Americans into a co ordinated attack on the central institutions of the family, capitalism and of Madisonian Republicanism which together constitute the essence of the American dream.Trade Review'It is not often that an original work in economics can be read simultaneously by both the specialist and non-specialist with a general understanding of economics. As the first full-scale study of the Locke Institute, founded by the author to stimulate research into constitutional and legal economics to reach a wide public, the work sets a standard which future authors will find great difficulty in emulating.' -- Sir Alan Peacock, The David Hume Institute, Edinburgh, UK'The Right to Justice is in a class by itself. Charles Rowley's attack on the Chicago School of Political Economy is all the more damaging because it shares much the same classical liberal perspective. Marshalling a vast amount of information and insights from different schools of thought, Rowley shows that US government's pattern of legal aid to the poor cannot be explained by the Chicago political economy model, and then goes on to provide his own original and perceptive explanation.' -- Mancur Olson, formerly, University of Maryland at College Park, US'The Right to Justice is a masterful achievement. It deserves to be read widely.' -- William F. Shughart II, University of Mississippi, US'Charles Rowley has done what few have been able to do: penetrate the fog in Washington with the clear light of reason in order to maximize justice for all.' -- W. Clark Durant III, Chairman, Board of Directors, The Legal Services Corporation, 1985-89'The Locke Institute has started its series with The Right to Justice by Charles Rowley. The theme of this book is well scored by the picture on the cover which shows a well dressed lawyer gaining while two poor blacks are left out. Advocates of government aid to various legal programs assume that they benefit the poverty population when as a matter of fact they primarily benefit a special portion of the bar. Rowley clearly and definitely disposes of this myth.' -- Gordon Tullock, George Mason University, US'This is an important book, for two main reasons. . . . it provides a thorough analysis of the differences between the Chicago and the Virginia schools of political economy. Second, it shows that consumer preferences play virtually no role in determining the allocation of public resources to civil-justice access programs. . . . Apart from providing a salutary lesson for those concerned with improving access to civil justice, the book should appeal to those interested in modern political economy.' -- Ian McEwin, AgendaTable of ContentsPart 1 History: the historical perspective. Part 2 The philosophic divide: goals; methods of analysis. Part 3 Litigation, lobbying and the law: litigation and the common law; lobbying and the law of legislation. Part 4 The purveyors and brokers of civil justice for the poor: the nature of the legal services bureacracy; the two ends of the avenue. Part 5 The market in civil justice for the poor: producers who do not sell; consumers who do not buy; owners who do not control. Part 6 The evidence: the battle over the budget; the hubris of ideology; the nemesis of poverty; the triumph of the special interests; inky blots and rotten parchment bonds. Part 7 Towards tomorrow: the route to institutional reform.

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Book SynopsisThis collection presents an authoritative selection of the most important articles in law and economics literature, written by distinguished scholars such as Ronald Coase, Robert Cooter, Henry Manne, Steven Shavell and Oliver Williamson. The articles are arranged by theme into 12 sections, ranging across the entire spectrum of private and public law.66 articles, dating from 1960 to 1995 Contributors: G. Becker, G. Calabresi, R. Coase, R. Cooter, H. Demsetz, R. Epstein, W. Landes, H. Manne, S. Shavell, G. Stigler, O. WilliamsonTrade Review'In the context of the Elgar reference collection, a remarkable compendium of law and economics has just appeared in three volumes collecting all the requisite articles that, from the point of view of a scholar trained in the American law and economics tradition, would be relevant to be considered. . . . I consider this a very important contribution to the tool shed of the law and economics practitioner.' --Jürgen Backhaus, European Journal of Law and Economics'This book is a useful addition to the literature on legal economics. . . . It deserves to be a required reading for a foundations course in legal studies and public policy analysis.' --M. Ahsan Habib, Bimonthly Review of Law BooksTable of ContentsContents: Volume I: Part I: The Law and Economics Movement: History and Methodology Part II: Courts and the Efficiency of the Common Law Part III: Beyond Courts and Legislators: Other Sources of Law Part IV: The Coase Theorem and the Economics of Property Rights • Volume II: Part I: The Economics of Contract Law Part II: Tort Law and Liability Systems Part III: The Economics of Criminal Law and Its Enforcement • Volume III: Part I: The Economics of Family Law Part II: Corporations and Business Law Part III: Constitutional and Statutory Law Part IV: The Economics of Free Speech Part V: Labour Law and Employment Discrimination

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Book SynopsisBased upon the text of a seminar devised by the author which has been widely acclaimed as a breakthrough in the teaching and learning of advocacy. It is based on the personal experience of the author and has been described as invaluable as a review for the experienced advocate.;Keith Evans is a member of the English and California Bars and a former head of London Chambers.

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Book SynopsisLegal skills are certain to play an essential role in the future of legal education at both the academic and professional stages. Advocacy, negotiation and fact-finding will be studied alongside the more traditional topics of statutory interpretation and precedent. Once acquired, these skills will become fundamental to future studies and legal practice.;This is an introduction to the acquisition of critical legal skills, exploring how problems can be analyzed and how concepts like justice or efficiency may be used to argue for reform. The materials can be used as the basis of a first year course or an intensive introductory course in the first few weeks, or to develop skills throughout a three or four year course.

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Book SynopsisThis book investigates monopoly policy in the UK from 1973-1995 using all of the monopoly cases which the Monopolies and Mergers Commission (MMC) reported on during this period. It provides a rigorous analysis of 14 detailed case studies, and focuses specifically on those cases where the MMC sought to introduce change through price controls, termination of anti-competitive practices or divestment. It assesses how effective such measures have been in combating problems such as monopoly pricing, collusion, predatory and discriminatory pricing and different forms of vertical restraint. From the evidence, the authors discuss the strengths and weaknesses of current policy and examine the scope for reform.This book will be of interest to students and researchers interested in competition policy, industrial organisation, the British economy and business strategy.Trade Review'The main strength of the book is in its innovative structure and also in methodology. In addition to the arguments provided in the book the case study approach helps raising many intricate issues relating to market structure and behaviour of firms. Many of these issues have important theoretical implications and would have been lost in the maze of econometric approach. The theoretical discussions on monopoly types preceding case studies are helpful in understanding the cases. The book will be useful to the policymakers and students of market structure and market control.'Table of ContentsContents: 1. Introduction Part I: An Overview 2. Review of UK Competition Policy in General 3. MMC Investigations of Monopoly 4. Methodology and Selection of Case Studies Part II: The Case Studies 5. Monopoly Pricing and Price Leadership 6. Collusive Practices 7. Predatory Pricing 8. Vertical Restraints Part III: Conclusions 9. An Overall Assessment of the Effectiveness of Policy 10. The Case for Reform Appendix

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Book SynopsisThe pioneering work of Judge Richard Posner has brought to light the broad relevance of economics to virtually all areas of law. During the last three decades, Judge Posner has provided seminal contributions to the development of an overarching economic theory of law, with applications including traditional legal subjects, such as torts and contracts, as well as non-standard topics, such as his study of primitive law and ancient customs. This selection of Posner's essays reveals the importance of economic efficiency as a driving force in the formation of private law. The rigorous and insightful introduction by Francisco Parisi discusses Posner's unparalleled influence on the evolution of law and economics and the understanding of the economic foundations of private law.In particular he discusses: anthropology and the emergence of law tort law contract law family law the economics of privacy. The Economics of Private Law will be essential reading for economists, lawyers and judges alike.Trade Review'This is a well edited collection of important papers which will find a home in university libraries throughout the world. The volume stands testimony to the significance of Richard Posner as the leading thinker of the L and E School.' -- K. Lawler, Economic IssuesTable of ContentsContents: Introduction Part I: Anthropology and the Emergence of Law Part II: Tort Law Part III: Contract Law Part IV: Family Law Part V: The Economics of Privacy Index

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Book SynopsisJudge Richard A. Posner's work on the economics of public law is a critical component of the interaction between the new law and economics movement and public choice theory. It exemplifies the parallel influence that these two important intellectual movements have had on the current understanding of legal institutions. Together with an insightful introduction by Francesco Parisi, this volume brings together his most important contributions on areas such as: the economics of constitutional law and legislation the economics of criminal law the economics of labour law and employment discrimination the economics of antitrust. The Economics of Public Law will be essential reading for economists, lawyers and judges alike.Table of ContentsContents: Introduction Part I: Legislation and Constitutional Law Part II: Criminal Law Part III: Labor Law and Employment Discrimination Part IV: Regulation and Antitrust Index

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Book SynopsisThis volume offers a selection of the works of one of the most persuasive and sophisticated theorists of the free economy and the free society, Arthur Asher Shenfield.Arthur Asher Shenfield was a classical liberal and an astute critic of misguided government intervention in a free economy. He produced sophisticated refutations of both full-blooded socialism and the milder varieties of collectivism and welfarism pioneered in Scandinavia and Western Europe. He was a keen observer of American affairs and included here is a selection of his essays on constitutionalism and law in the United States. These essays trace the decline in legal protection that America has given economic agents and examine the rise of socialist influences in the American judiciary system. Shenfield also offers a robust account of the legal and economic effect of US and European anti-trust law, as well as discussing the adverse effect on economic efficiency caused by trade unions.In these essays, Arthur Asher Shenfield has made the law and economics of a free society accessible to businessmen and policymakers as well as to scholars and students of classical liberal philosophy and law.Trade Review'There is far more wisdom on a broad array of subjects to be found in this book than a review can possibly do justice to. Shenfield's writings will prove to be worthwhile reading for anyone who is a friend of liberty.' -- William Peterson, Ideas on Liberty'This remarkable book is an essential read for the specialist, as well as the general reader who wants a really clear account of the law and economics of a free society. . . . this beautifully produced edition must surely go a long way towards achieving the recognition which is so much his due. . . . Arthur Shenfield's stimulating views on competition law alone are enough to make this book an indispensable read.' -- Allister Heath, Economic Affairs'A rare combination of the scholar and practitioner, learned in both law and economics, Arthur Shenfield's writings range widely yet are all illuminated by a deep understanding of the requirements of a free society. A pleaure to read, they can be highly recommended to everyone interested in understanding how to achieve and preserve a free society.' -- Milton Friedman, Hoover Institution, US'Classical liberalism needs more barristers like Arthur Asher Shenfield, who was a genuine master in the give-and-take of oral argument. It is useful to have his written essays available to those who cannot share his persuasive presence more directly. And, for those of us who remember him, we can read these essays as we listen to Arthur Shenfield in our memory.' -- James M. Buchanan, Center for Study of Public Choice, George Mason University, USTable of ContentsContents: 1. A Biography (Charles K. Rowley) Part I: Law, Economy and the State 2. Friedrich A. von Hayek 3. The New Thought of F.A.Hayek 4. Hayek on Law 5. Equality before the Law 6. Must we Abolish the State? 7. The New Deal and the Supreme Court Part II: The Meaning of the Market 8. The Nature of Competition 9. The Economic System – Rules versus Authorities 10. Conservatism and the Liberal Economy 11. Myth and Reality in Anti-trust Part III: Socialism: The Fatal Conceit 12. Myth and Reality in Economic Systems 13. The Failure of Socialism Part IV: Trade Unions: Above the Law 14. The Rise of Trade Union Power in Britain 15. What About the Trade Unions? 16. Unions and National Politics 17. Thatcher’s Reform of Britain’s Labour Unions 18. Big Government, Big Labour and Big Business Part V: The Spirit of Capitalism 19. Capitalism under the Tests of Ethics 20. Sense and Nonsense about the Corporation 21. The Businessman and the Politician 22. The Roots of American Discontent 23. The Ideological War Against Western Society 24. The Ugly Intellectual

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Book Synopsis

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Book Synopsis

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Book SynopsisThis critique of property examines its classical conception: addressing its ontology and history, as well as considering its symbolic aspects and connection to social relations of power.It is organized around three themes: the ways in which concepts of property are symbolically and practically connected to relations of power the 'objects' of property in changing contexts of materialism challenges to the Western idea of property posed by colonial and post-colonial contexts, such as the disempowerment through property of whole cultures, the justifications for colonial expansion and bio piracy. Dealing with the symbolism of property, its history, traditional philosophical accounts and cultural difference, Margaret Davis has written an invaluable volume for all law students interested in property law. Trade Review"Property is a core concept of Western political and legal thought. Exactly what property is, how property rights can be defined and justified, and how its meaning has changed over time is a matter of significant debate. Davies (Flinders Univ., Australia) sketches out a compact, sophisticated, and often challenging discussion of property, seeking to engage the concept from multiple perspectives...the author does an excellent job addressing the complexity and multiple meanings associated with property. The feminist-property connection is especially interesting. Good for collections on law, feminism, and political theory." -- D. Schultz, CHOICE, May 2008"... eminently readable, lucid and thought-provoking. ...anyone with even the most basic acquaintance with and interest in property theory will find it thoroughly rewarding." - Alison Clarke, King's Law Journal, Vol. 19 No. 3 (2008)Table of ContentsIntroduction. Themes. Histories. Theories. Cultures. Conclusion

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Book SynopsisA vital collection of speeches from one of the leading contemporary judicial thinkers in the Caribbean.

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Book SynopsisThe traditional approach to sports governing bodies has been to view them as autonomous and private associations and thus immune from the intervention of the law. This view does not reflect the reality. Sport is an industry which accounts for around three percent of the European Union's (EU) Gross Domestic Product (GDP). A number of recent scandals at international level including, the International Association of Athletics Federations (IAAF) and corruption and extortion in the wake of widespread doping of Russian athletes and the Federation Internationale de Football Association (FIFA) and the indictment of a number of officials on charges of racketeering and money-laundering. At a national level, the Olympic Council of Ireland (OCI) and its former President, Pat Hickey were the subject of a nonstatutory inquiry following the incarceration of Hickey in a Rio prison for allegedly touting Irish allocation tickets. The Irish Athletic Boxing Association (IABA) and the resignation of Billy Walsh, the head coach of the high-performance unit culminated in a meeting of the Joint Committee on Transport and Communications. These scandals have highlighted the importance of good governance and as a corollary the need for public confidence to be restored. The law has a role to play, however, the extent of its involvement has been the subject of academic discourse. Sport and the Law identifies the main legal concepts and draws on case law and legislation from Ireland and adopts a comparative methodology as it examines other jurisdictions including England and Wales, Canada and Australian. It covers topics including: Sports governance at domestic and international level; Sports law or sport and the law, the extent to which the law should involve itself in sporting matters, sources of law and the definition of a sport with a discussion of the recent Court of Justice of the European Union's (CJEU) decision in the case of The English Bridge Union Limited v Commissioners for Her Majesty's Revenue & Customs; Violence in sport and the application of the criminal law with a focus on the GAA, Ice Hockey and the response of the Canadian authorities and courts, boxing and Mixed Martial Arts (MMA); Civil liability and sport and its application to participants, referees, medics and coaches; Drugs in Sport: the Irish Sport Anti-doping rules and decisions of the Irish Sport Anti-Doping Disciplinary Panel, the GAA and doping, the World Anti-Doping Agency (WADA) and technological doping; Eligibility issues: athletes with differences of sex development, gender testing and transgender athletes; Commercial issues and sport: athletes as employees and independent contractors, contract law and its application to sports persons, the role of sponsorship, broadcasting rights, image rights, merchandising and the law of agency; Judicial review and sporting bodies; Alternative Dispute Resolution: The Disputes Resolution Authority (DRA), Just Sport Ireland (JSI), Sport Dispute Resolution Centre of Canada and Sport Resolutions UK and the Court of Arbitration for Sport; The impact of the European Union (EU) on sport: the free movement of sports persons, and the role of EU competition law including the European Commission decision regarding the eligibility rules of the International Skating Union (ISU); Child protection and sport: legislative and non-legislative provisions; Judicial review and sporting bodies; Animals in Sport: the decline of blood sports in the nineteenth century to the current involvement and modern regulation of animals in sport, including horseracing, fox hunting and greyhound racing and doping in equestrian sports with a discussion on the recent CAS arbitral award in the case of Lyle and Blythe v Federation Equestre Internationale (FEI) in relation to the FEI policy of provisionally suspending horses for two-months on the grounds of animal welfare and ensuring a level playing field.Table of ContentsIntroduction Chapter 1: Sports Governance Chapter 2: Sports Law or Sport and the Law? Chapter 3: Criminal Liability and Sport Chapter 4: Civil Liability and Sport Chapter 5: Drugs in Sport Chapter 6: Eligibility Issues: Athletes with Differences of Sex Development, Gender Testing and Transgender Athletes Chapter 7: The Law of Contract and Sport Chapter 8: Employment Law and Sport Chapter 9: Commercial Issues in Sport Chapter 10: Judicial Review and Sporting Bodies Chapter 11: Alternative Dispute Resolution Chapter 12: European Union Law and Sport Chapter 13: Child Protection in Sport Chapter 14: Animals in Sport

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Book SynopsisThis second edition is fully revised, expanded and updated to include all recent developments in Irish defamation law. It contains analysis of all the elements of the tort of defamation, defences to a defamation action, damages and other reliefs, the application of human rights law in the context of defamation, the application of practice and procedure rules in defamation cases and a body of useful precedents. This new edition includes: • An in-depth analysis of the important recent developments in relation to damages in defamation cases both in the Irish courts and the European Court of Human Rights including the Supreme Court decision in McDonagh v Sunday Newspapers Ltd and the ECHR decision in Independent Newspapers (Ireland) Ltd v Ireland; • An examination of the statutory ‘offer to make amends’ defence and the approach and role of both the judge and jury including the Supreme Court decision in Higgins v Irish Aviation Authority ; • An examination of the application of defamation actions in relation to social media publications and other forms of internet communications; • An exploration of possible reforms of Irish defamation law, the pitfalls and challenges that lay ahead. Defamation: Law and Practice , Second Edition provides an in-depth analysis and comprehensive coverage of defamation law in Ireland including substantive and procedural law and is Ireland’s leading text on defamation law having been cited several judgments in the superior courts in IrelandTable of ContentsChapter 1: Introduction to Irish Defamation Law Part I: The Elements of the Tort of Defamation Chapter 2: Publication Chapter 3: Meaning Chapter 4: Identification Part II: Defences in a Defamation Case Chapter 5: Truth Chapter 6: Honest Opinion Chapter 7: Absolute Privilege Chapter 8: Qualified Privilege Chapter 9: Defences for Public Interest Publications Chapter 10: Miscellaneous Defences Part III: Available Reliefs Chapter 11. Damages Chapter 12: Alternative Forms of Relief Part IV: Practice and Procedure Chapter 13. Practice and Procedure Appendix: Precedents

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Book SynopsisThis book covers all of the core legal subjects including: constitutional law, EU law, the Irish legal system, contract law, tort, criminal law, land law and equity, employment law, family law and jurisprudence. Reflecting all new relevant constitutional, statutory and judicial developments, it is both a complete introduction to Irish law for students coming to the subject for the first time as well as a handy and accessible reference work for practitioners who wish to refresh their knowledge of the principles of a particular area.Table of Contents• The Irish Legal System • Constitutional Law • Law of Contract • Criminal Law • Company Law • Employment Law • EU Law • Family Law • Law of Torts • Jurisprudence • Land Law & Equity

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Book SynopsisA comprehensive step-by-step guide to all aspects of managing personal bankruptcy and insolvency - 2020.

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Book SynopsisA comprehensive guide to managing residential property.

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Book SynopsisA comprehensive introduction to the management of commercial property.

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Book SynopsisThe complete guide to understanding contact law updated to 2020.

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Book Synopsis

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Book Synopsis

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