Private or civil law: general Books

Book SynopsisGender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neither central to notions of justice nor part of the juristic landscape, and Muslim jurists did not begin to address it until the twentieth century. The personal status of Muslim men, women and children continues to be defined by understandings of Islamic law codified and adapted by modern nation-states that assume authority to be the natural prerogative of men, that disadvantage women and that are prone to abuse. This volume argues that effective and sustainable reform of these laws and practices requires engagement with their religious rationales from within the tradition. Gender and Equality in Muslim Family Law offers a groundbreaking analysis of family law, based on fieldwork in family courts, and illuminated by insights from distinguished clerics and scholars of Islam from Morocco, Egypt, Iran, Pakistan and Indonesia, as well as by the experience of human rights and women s rights activists. It explores how male authority is sustained through law and court practice in different contexts, the consequences for women and the family, and the demands made by Muslim women s groups. The book argues for women's full equality before the law by re-examining the jurisprudential and theological arguments for male guardianship (qiwama, wilaya) in Islamic legal tradition. Using contemporary examples from various contexts, from Morocco to Malaysia, this volume presents an informative and vital analysis of these societies and gender relations within them. It unpicks the complex and often contradictory attitudes towards Muslim family law, and the ways in which justice and ethics are conceived in the Islamic tradition. The book offers a new framework for rethinking old formulations so as to reflect contemporary realities and understandings of justice, ethics and gender rights. "Trade ReviewThe book accomplishes its goal by exploring the political and hermeneutical challenges that hinder gender equality from being fully realized by scrutinizing Islamic texts and jurists’ opinions. * Journal of the Contemporary Study of Islam *Table of ContentsIntroduction: Muslim Family Law and the Question of Equality. Ziba Mir-Hosseini, Kari Vogt, Lena Larsen and Christian Moe 1. Justice, Equality and Muslim Family Laws: New Ideas, New Prospects. Ziba Mir-Hosseini Part I: Perspectives on Reality 2. Qiw?ma in Egyptian Family Laws: ‘Wifely Obedience’ between Legal Texts, Courtroom Practices and Realities of Marriages. Mulki Al-Sharmani 3. Egyptian Women’s Rights NGOs: Personal Status Law Reform between Islamic and International Human Rights Law. Marwa Sharafeldin 4. The Religious Arguments in the Debate on the Reform of the Moroccan Family Code. Aïcha El Hajjami 5. From Local to Global: Sisters in Islam and the Making of Musawah: A Global Movement for Equality in the Muslim Family. Zainah Anwar Part II: Approaches to Reform 6. Gender Equality and the Doctrine of Wilaya. Muhammad Khalid Masud 7. The Status of Women between the Qur‘an and Fiqh. Nasr Abu-Zayd 8. Gender Equality and the Hadith of the Prophet Muhammad: Reinterpreting the Concepts of Mahram and Qiwama. Faqihuddin Abdul Kodir 9. Rethinking Men’s Authority over Women: Qiwama, Wilaya and their Underlying Assumptions. Hassan Yousefi Eshkevari 10. Revisiting Women’s Rights in Islam: ‘Egalitarian Justice’ in Lieu of ‘Deserts-based Justice’. Mohsen Kadivar Part III: Instead of a Conclusion 11. The Paradox of Equality and the Politics of Difference: Gender Equality, Islamic Law and the Modern Muslim State. Anver M. Emon

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Book Synopsis'A clear, accurate and extraordinary concise guide to the major doctrines of private law and current thought about what they mean.- James Gordley, Tulane University School of LawElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches - on contract, tort, property, family and inheritance - are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.Key features include:- succinct yet engaging and highly informative overview of private law, aimed at an audience of specialists and non-specialists alike- written in a clear and engaging style- ample attention to the policy choices behind the rules- examples from a wide range of jurisdictions in both Europe, the UK and the US- places private law in its larger economic and societal context- addresses the potential and the limits of private law in dealing with global societal challenges, such as economic inequality, the fair use of resources and protecting future generations- considers how the field could develop in the future. Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to quickly master the core principles behind private law.Trade Review'This Advanced Introduction to Private Law reviews the development of private law on contract, tort, property, family and succession. The way in which it underlines conflicts between private autonomy and countervailing principles is fascinating for all those needing to quickly gain an understanding of the core principles and key issues on private law.' --Benedicte Fauvarque-Cosson, University of Paris II Pantheon-Assas, France'Jan Smits succeeds in giving a jargon-free and masterly concise overview of the essential questions and debates in private law. Law students would be well advised to read it twice: once at the very beginning and again at the very end of their private law studies. Non-lawyers will find it accessible and stimulating, and they will be surprised how interesting the law is, once it is reduced to its core issues.' --Stefan Vogenauer, Max Planck Institute for European Legal History, Frankfurt, Germany'This book provides a splendid overview of the key questions of private law. It is written in a crystal-clear and straightforward language and addresses all core problems of the law of contract, tort and property and of family law and succession law. All issues are placed in a wider social context and often illustrated by references to solutions of English, American, French or German law. While the book was written for a general audience and lacks technical jargon and conceptual refinements it should nonetheless be read by law students as well because it demonstrates in a stimulating and persuasive manner how private law tries to find its way between ensuring the individual's freedom of choice, on the one hand, and the search for fairness, the defense of the weak and vulnerable and the protection of the public interest, on the other.' --Hein Kotz, Max Planck Institute for Comparative and International Private Law, Hamburg, GermanyTable of ContentsContents: Preface 1. Introduction: Aims and Contours of Private Law 2. Contract Law 3. Tort Law 4. Property Law 5. Family Law 6. Succession Law 7. Epilogue Index

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Book SynopsisInjunctions in Private Law presents the key principles, rules and case law relating to the granting of injunctions as remedies in private law. This authoritative work addresses a range of legal infringements namely nuisance, trespass, invasion of privacy, breach of contract and the infringement of intellectual property rights.

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Book SynopsisThis topical book critically examines the regulatory framework for generic Top-Level Domains (gTLDs) on the Internet. The regulation drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN) applies at a global level, complementing national and international law. These rules form part of a growing body of transnational private regulation. Generic Top-Level Domains offers a clear and engaging analysis of how ICANN has tackled a diverse set of regulatory issues related to the introduction of new gTLDs, such as property rights, competition and consumer protection. Studying recent case law, the book argues for a stronger focus on procedural fairness for future introductions of new gTLDs. It also highlights how ICANN's contractual framework regulates the registration and use of domain names and argues that ICANN's regulatory authority ought to be clarified in order to avoid regulatory overreach. Uniquely comprehensive, this book will appeal to students and scholars with an interest in Internet governance, domain name law and transnational private regulation. Practitioners working in the domain name industry will also find this a valuable resource.Trade Review'Tobias Mahler's book Generic Top-Level Domains is a highly important contribution to the newly developing concept of transnational private regulation. The alteration and expansion of the domain name space since 2012 merit the given deep analysis of the globally applicable rules pertaining to an emerging class of legal sources and of the changing property and contract rights notions. The book convincingly also pleads for the implementation of a more elaborated ICANN arbitration system.' --Rolf H. Weber, University of Zürich, Switzerland'This study by Tobias Mahler is a sophisticated, highly recommended piece of research. It describes the whole universe of ICANNs theories and their role in establishing new gTLDs. With his broad knowledge and expertise in information law, Tobias Mahler capably defines new problems related to the regulation of gTLDs. Everyone who is interested in Internet governance definitely needs to buy this masterpiece of research.' --Thomas Hoeren, University of Muenster, GermanyTable of ContentsContents: PART I ICANN AND GENERIC TOP-LEVEL DOMAINS 1. Introduction 2. A global ‘private’ regime governing the Domain Name System (DNS) 3. The Internet Corporation for Assigned Names and Numbers (ICANN) on a path toward a constitutional system 4. The 2012 generic Top-Level Domain (gTLD) programme PART II THE INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS (ICANN) AS A TRANSNATIONAL REGULATOR 5. Transnational private regulation 6. The Internet Corporation for Assigned Names and Numbers’ (ICANN’s) regulatory authority PART III PROPERTY RIGHTS AND COMPETITION IN THE DOMAIN NAME MARKET 7. Property rights in generic Top-Level Domains (gTLDs) 8. Market regulation PART IV THE PROCEDURE FOR ALLOCATING GENERIC TOP-LEVEL DOMAIN (GTLD) RIGHTS 9. The application process 10. Expert determinations and procedural fairness PART V REGULATING DOMAIN NAME REGISTRATION AND USE 11. ‘Public interest’ regulation 12. Regulated non-use of domain names 13. Concluding remarks Bibliography Index

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Book SynopsisCan private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.Trade ReviewThe Turning Point in Private Law offers a radical and clear analysis of the most fundamental legal institutions of private law and suggest a way out from the serious threat to the survival of civilization on our planet caused by the dominant extractive policy in the Anthropocene. Bringing together the most advanced insights of legal theory, Mattei and Quarta demonstrate how ecological awareness can transform lawyers understanding of the generative system of law. A stimulating challenge speaking to lawyers as well as to everyone in today's political climate.' --Antonio Gambaro, Accademia dei Lincei, Italy'A political manifesto for the survival of critical legal thought, this brilliant little book responds to the most destructive forms of global capitalism with a counter-hegemonic interpretation of the foundational institutions of private law, in order to produce a new ecological order based on the collective intelligence of the common(s).' --Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: Preface Introduction 1. Property Law 2. Legal personality and sovereignty 3. Contract Law 4. Tort Law Conclusions Index

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Book SynopsisNotwithstanding increases in the scope for interaction between European and national courts, little research has been undertaken into the potential impact of institutional cooperation and dialogue in European private law making. This coherent collection of original chapters provides unique insights into these developments - with a particular focus on consumer law, and changes in national civil procedure via substantive law enforcement - from a broad range of stakeholders, including academics and judges from the EU and the US. Dialogue of both a vertical (between national and European courts) and horizontal (between national courts) nature is visible in the growing number of preliminary references to the CJEU in European private law. Combined with activism on the part of national courts and the growing importance of regulators, this dialogue brings about new forms of development of European private law. This book offers a case-based analysis of these processes, highlighting the need to focus on the instruments of dialogue and cooperation, and pressing beyond the prevailing focus on constitutional dialogue to reveal a new perspective on the private law sphere. Judicial Cooperation in European Private Law will appeal to scholars, students, practising lawyers and judges interested in the creation and development of European private law at both national and EU levels.Contributors include: F. Cafaggi, A.C. Ciacchi, F. Gómez Pomar, M. Józon, S. Law, K. Lyczkowska, M. Safjan, A.J. Scirica, C. TimmermansTrade Review'In 2014, the European Commission proposal for an optional European sales law was withdrawn. Meanwhile, the discussion of a European private law has become very successful. The existing acquis has been supplemented by a wealth of case law. This has resulted in an intensive dialogue of national courts, the Court of Justice of the European Union and the European Court of Human Rights. In this book, the recent arrival on the scene of European and national regulators is welcomed and analysed.' --Ewoud Hondius, University of Utrecht, the NetherlandsTable of ContentsContents: 1. Judicial dialogue in European private law: introductory remarks Fabrizio Cafaggi and Stephanie Law 2. Looking Behind the Scene of Judicial Cooperation in Preliminary Procedures Christiaan Timmermans 3. Fields of Application of the Charter of Fundamental Rights and Constitutional Dialogues in the European Union Marak Safjan 4. The Structure of US Federal and State Courts and Mechanisms for Formal and Informal Resolution of Conflicts Anthony J. Scirica 5. Spanish Courts, the European Court and Consumer Law: Some Thoughts on their Interaction Fernando Gómez Pomar and Karolina Lyczkowska 6. The Methodology of Judicial Cooperation in Unfair Contract Terms Law Mónika Józon 7. The CJEU’s Interpretation of the Consumer: What Significance of Judicial Cooperation? Stephanie Law 8. European fundamental rights and private litigations: judicial dialogue and judicial governance Aurelia Colombi Ciacchi 9. On the Transformations of European Consumer Enforcement Law: Judicial and Administrative Trialogues, Instruments and Effects Fabrizio Cafaggi Index

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Book SynopsisThis important research review considers the seminal legal articles in property law and its subtopics published during the 20th and 21st centuries. The coverage is broad, as comprehensive as possible, ranging from theoretical to practical and doctrinal. The authors of the pieces under discussion are primarily American and all stand as leading figures in their respective fields. The text places its focus on topics of current interest, including economic and non-economic theories of property, the takings problem, and the reform of the law of land-use servitudes.Trade Review‘Property is one of the most essential - and most misunderstood - concepts. The law of property is complex because the institution of private property fills a wide variety of functions, from providing security and autonomy to generating social welfare to supporting democratic political institutions. Understanding property is immeasurably enhanced by looking at it from a variety of normative perspectives and understanding how it has changed over time. These volumes address key issues by explaining debates among important theorists, all of whom have insights worth studying. The authors collected here have each put their mark on the field, and the editors have skillfully framed the fruitful debates they generated. A must-have compendium.’ -- Joseph William Singer, Harvard Law School, USTable of ContentsContents: Volume I Acknowledgements vii Introduction Gregory S. Alexander ix PART I CONCEPTUAL MATTERS: STRUCTURING OWNERSHIP 1. William Blackstone (1979 [1765–1769]), ‘The Rights’ in Commentaries on the Laws of England, Volume II, Chicago, IL: University of Chicago Press, 2 2 2. Wesley N. Hohfeld (1917), ‘Fundamental Legal Conceptions as Applied in Judicial Reasoning’, Yale Law Journal, 26 (8), June, 710–70 3 3. A.M. Honoré (1961), ‘Ownership’, in A.G. Guest (ed.), Oxford Essays in Jurisprudence: A Collaborative Work, Chapter V, Oxford, UK and New York, NY, USA: Oxford University Press, 107–47 64 4. Thomas C. Grey (1980), ‘The Disintegration of Property’, in J. Roland Pennock and John W. Chapman (eds), Nomos XXII: Property, New York, NY, USA: New York University Press, 69–85 105 5. Henry E. Smith (2012), ‘Property as the Law of Things’, Harvard Law Review, 125 (7), May, 1691–726 122 PART II THE OBJECTS OF PROPERTY 6. Charles A. Reich (1964), ‘The New Property’, Yale Law Journal, 73 (5), April, 733–87 159 7. Margaret Jane Radin (1987), ‘Market-Inalienability’, Harvard Law Review, 100 (8), June, 1849–937 214 8. Cheryl I. Harris (1993), ‘Whiteness as Property’, Harvard Law Review, 106 (8), June, 1707–91 303 9. Joseph William Singer (1988), ‘The Reliance Interest in Property’, Stanford Law Review, 40 (3), February, 611–751 388 10. Sarah Harding (1999), ‘Value, Obligation and Cultural Heritage’, Arizona State Law Journal, 31 (2), February, 291–354 529 PART III RULES VERSUS STANDARDS IN PROPERTY LAW 11. Carol M. Rose (1988), ‘Crystals and Mud in Property Law’, Stanford Law Review, 40 (3), February, 577–610 594 12. Henry E. Smith (2009), ‘Mind the Gap: The Indirect Relation Between Ends and Means in American Property Law’, Cornell Law Review , 94 (4), May, 959–89 628 13. Gregory S. Alexander and Eduardo M. Peñalver (2012), ‘The Right to Exclude and its Limits’, in (eds) An Introduction to Property Theory , Chapter 7, Cambridge, UK: Cambridge University Press, 130–55 659 PART IV THE ECONOMIC APPROACH TO PROPERTY 14. Harold Demsetz (1967), ‘Toward a Theory of Property Rights’, American Economic Review , 57 (2), May, 347–59 686 15. Guido Calabresi and A. Douglas Melamed (1972), ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’, Harvard Law Review , 85 (6), April, 1089–128 699 16. Robert C. Ellickson (1986), ‘Of Coase and Cattle: Dispute Resolution Among Neighbors in Shasta County’, Stanford Law Review , 38 (3), February, 623–87 739 PART V NON-ECONOMIC THEORIES OF PROPERTY 17. Margaret Jane Radin (1982), ‘Property and Personhood’, Stanford Law Review , 34 (5), May, 957–1015 805 18. Gregory S. Alexander (2009), ‘The Social-Obligation Norm in American Property Law’, Cornell Law Review , 94 (4), May, 745–819 864 Volume II Acknowledgements vii Introduction: An Introduction by the editor appears in Volume I PART I THE NUMERUS CLAUSUS QUESTION 1. Thomas W. Merrill and Henry E. Smith (2000), ‘Optimal Standardization in the Law of Property: The Numerus Clausus Principle’, Yale Law Journal, 110 (1), October, 1–70 2 2. Henry Hansmann and Reinier Kraakman (2002), ‘Property, Contract, and Verification: The Numerus Clausus Problem and the Divisibility of Rights’, Journal of Legal Studies, 31 (S2), June, S373–S420 72 PART II COMMONS AND PROPERTY RIGHTS 3. Michael A. Heller (1998), ‘The Tragedy of the Anticommons: Property in the Transition from Marx to Markets’, Harvard Law Review, 111 (3), January, 621–88 121 4. James E. Krier (1992), ‘The Tragedy of the Commons, Part Two’, Harvard Journal of Law and Public Policy, 15 (2), Spring, 325–47 189 PART III ESTATES IN LAND AND FUTURE INTERESTS 5. T.P. Gallanis (2003), ‘The Future of Future Interests’, Washington and Lee Law Review, 60 (2), Spring, 513–75 213 6. W. Barton Leach (1938), ‘Perpetuities in a Nutshell’, Harvard Law Review, 51 (4), February, 638–71 276 7. Lawrence W. Waggoner (1985), ‘Perpetuities: A Perspective on Wait-and-See’, Columbia Law Review, 85 (8), December, 1714–29 310 PART IV LANDLORD/TENANT RELATIONS 8. Mary Ann Glendon (1982), ‘The Transformation of American Landlord–Tenant Law’, Boston College Law Review, 23 (3), May, 503–76 327 9. Duncan Kennedy (1987), ‘The Effect of the Warranty of Habitability on Low Income Housing: “Milking” and Class Violence’, Florida State University Law Review, 15 (3), Fall, 485–519 401 PART V SERVITUDES 10. Gerald Korngold (1988), ‘For Unifying Servitudes and Defeasible Fees: Property Law’s Functional Equivalents’, Texas Law Review, 66 (3), February, 533–76 437 11. Susan F. French (1982), ‘Toward a Modern Law of Servitudes: Reweaving the Ancient Strands’, Southern California Law Review, 55 (6), September, 1261–319 481 PART VI ZONING AND LAND USE CONTROLS 12. Robert C. Ellickson (1973), ‘Alternatives to Zoning: Covenants, Nuisance Rules, and Fines as Land Use Controls’, University of Chicago Law Review, 40 (4), Summer, 681–781 541 13. Carol M. Rose (1983), ‘Planning and Dealing: Piecemeal Land Controls as a Problem of Local Legitimacy’, California Law Review, 71 (3), May, 837–912 642 PART VII CONSTITUTION PROTECTION OF PROPERTY: THE TAKINGS ISSUE 14. Frank I. Michelman (1967), ‘Property, Utility, and Fairness: Comments on the Ethical Foundations of “Just Compensation” Law’, Harvard Law Review, 80 (6), April, 1165–258 719 15. Thomas W. Merrill (1986), ‘The Economics of Public Use’, Cornell Law Review, 72 (1), November, 61–116 813 16. Hanoch Dagan (1999), ‘Takings and Distributive Justice’, Virginia Law Review, 85 (5), August, 741–804 869

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Book SynopsisThis second edition of Law and Economics for Civil Law Systems substantially updates a unique work that presents the core ideas of law and economics for audiences primarily familiar with civil law systems.Ejan Mackaay offers a comprehensive look at the essential points of economic reasoning, the Coase Theorem, and legal institutions such as property, extra-contractual civil liability and contracts. The book’s structure mirrors the way law is taught in civil law countries, with structured presentations, references to civil code articles paired with non-technical explanations, and limited reliance on graphs. Building on the success of the 2008 edition of the French-language textbook on law and economics from a civil law perspective, this second English-language version appears alongside the 2021 edition of the French-language book.This pioneering volume fills a critical gap in the literature of law and economics and will be an invaluable resource for academia, the judiciary, policy-makers, regulators and legal practitioners working in civil law systems.Trade Review‘This formidable book offers an insightful unifying perspective on the research carried out in law and economics over the last decades. From his unique Canadian standpoint, Ejan Mackaay is able to bridge over the common and the civil law traditions, illustrating the theory with cases and examples taken from both North American and European legal systems. The rigor of the analysis is accompanied by illuminating discussions, covering historical developments, philosophical insights, and up-to-date policy debates.’ -- Luigi Alberto Franzoni, University of Bologna, Italy‘This elegantly written book fills a significant gap for the benefit of all students and scholars of law and economics in civil law countries and is a monumental achievement. The author, a leading law and economics scholar with an outstanding and intimate comparative knowledge of civil law across countries and continents shows comprehensively as nobody else the impact of economics for the understanding of legal norms in civil law countries.’ -- Hans-Bernd Schäfer, Bucerius Law School, Germany'Six decades into the development of law-and-economics, many critics still hold the view that law-and-economics is for American law only. Ejan Mackaay forcefully demonstrates the opposite. Using stipulations in French Civil Code and Quebec Civil Code as the prime examples, Law and Economics for Civil Law Systems shows how jurists in civil-law countries and mixed jurisdictions can benefit from economic insights.' -- Yun-chien Chang, Academia Sinica, TaiwanTable of ContentsContents: Preface 1. Introduction to Law and Economics for Civil Law Systems PART I FOUNDATIONS 2. Individual decision-making 3. Risk and insurance 4. Human interaction 5. The market order 6. The political order 7. Black markets PART II LEGAL INSTITUTIONS 8. The Coase Theorem 9. Property and real rights 10. Extra-contractual civil liability 11. Contract 12. Conclusion to Law and Economics for Civil Law Systems Index

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Book SynopsisBusiness Law and Economics for Civil Law Systems highlights the relevance of economic analysis of business law from a civilian perspective. It integrates a comparative approach (common law and civil law) to economic analysis using tools and illustrations to assist in conducting critical economic analysis of rules in the field of business law.This book is a valuable contribution to the reflection on the place and meaning of value creation and accountability as goals for business law. It provides a richer understanding of key legal institutions supporting the rule of law and democratic, market-based economies. It will be of great value to academics interested in business law, competition law, comparative law and legal theory, students studying law, business and economics, and to policymakers and regulators.Trade Review‘This book is a much-needed discussion and explanation of important areas of business law in civil law systems from a law and economics perspective. Among the book’s strengths are its accessibility as to both theory and doctrine, and its use of theory to motivate and explain its exposition of doctrine. Academics, students, practitioners, and policymakers in the area will find this book extremely useful and informative.’ -- Clarie Hill, University of Minnesota, US‘Business Law and Economics for Civil Law Systems is an important and insightful book by four leading scholars in the field. It proposes an exciting overview of the analytical role and influence of economic analysis on business law from the viewpoint of the civil law tradition. It is a book highly recommended to scholars, researchers, students, and practitioners of business law.’ -- Nuno Garoupa, George Mason University, USTable of ContentsContents: Preface 1. Introduction to Business Law and Economics for Civil Law Systems 2. Competition law 3. Intellectual property rights 4. Company law 5. Financial markets regulation 6. Secured rights 7. Bankruptcy and insolvency law 8. Conclusion to Business Law and Economics for Civil Law Systems Index

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Book SynopsisThis comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law. Beginning with a nuanced consideration of the ways in which the private/public distinction has been defined and discussed over time, the Research Handbook investigates and compares differing viewpoints on the concept of private law. Chapters explore key issues in the theory of private law from legal, economic, philosophical, political, feminist, historical and sociological perspectives, utilising a rich diversity of methodological approaches. The contributors also offer a variety of views on the future of private law and private theory.The Research Handbook on Private Law Theory will be an essential resource for legal thinkers, in particular scholars and graduate students working in any area of private law. Its varied perspectives on the subject will also be of interest to philosophers, political scientists, economists and sociologists.Trade Review'Private law theory today is a powerful scholarly discourse; it can lift up the learning experience of students and teachers making sense of the thickets of our modern law; it can stimulate jurists to make lasting contributions to legal culture, practical ethics and the behavioural and political sciences; and it can inform the practical work of judges, advocates and legislators. This exemplary Handbook lucidly and expertly covers the methods, models and ideals projected by the best writers in the field.' -- Joshua Getzler, University of Oxford, UK'This important new volume reflects the burgeoning of academic interest in private law theory over the past decade. Bringing together the leading scholars in their respective fields, this cutting edge Handbook is sure to become a standard reference that everyone writing and teaching in the areas of property, contracts and torts will want on their bookshelf.' -- Eduardo M. Penalver, Cornell Law School, USTable of ContentsContents: 1 Introduction to Research Handbook on Private Law Theory : the distinction between private law and public law 1 Hanoch Dagan and Benjamin C. Zipursky PART I CONTRACTS 2 A joint maximization theory of contract and regulation 22 Robert E. Scott 3 Promise, agreement, contract 39 Gregory Klass 4 Public justice and private consent 58 Aditi Bagchi 5 Outline of a public justification of contract law 75 Peter Benson 6 Contract as collaboration 96 Daniel Markovits 7 Choice theory: a restatement 112 Hanoch Dagan and Michael Heller PART II PROPERTY 8 The architecture of property 134 Thomas W. Merrill and Henry E. Smith 9 Property as the law of complements 155 Lee Anne Fennell 10 Locke and private law 174 Emily Sherwin 11 Autonomy and property 185 Hanoch Dagan 12 The human flourishing theory 203 Gregory S. Alexander 13 Democratic property: things we should not have to bargain for 220 Joseph William Singer 14 Real property on the ground: the law of people and place 237 Sarah Blandy, Sarah Nield, and Susan Bright PART III TORTS 15 Corrective justice 255 Arthur Ripstein 16 Economic theory of tort law 270 Yotam kaplan 17 Fair precaution 286 Gregory C. Keating 18 Tort as yet another locus of gender injustice in the distribution of money 303 Anita Bernstein 19 Relational justice and torts 321 Avihay Dorfman 20 Folk tort law 338 Mark A. Geistfeld 21 Torts as wrongs and civil recourse theory 356 Benjamin C. Zipursky PART IV THE DOMAIN OF PRIVATE LAW: EXTENSION AND REFLECTION 22 Equity 373 Irit Samet 23 Corrective justice, unjust enrichment, and restitution 390 Anthony J. Sebok 24 The fall and rise of the private law of work 412 Cynthia Estlund 25 The corporation as a category in private law 429 Paul B. Miller and Andrew S. Gold 26 Private law and the rule of law 446 Lisa M. Austin 27 How are private wrongs possible? 462 Alan Brudner 28 The normative structuralism of corrective justice 484 Ernest J. Weinrib Index 499

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Book SynopsisThis timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. Each chapter offers in-depth analysis of a number of key policy areas such as food safety, accounting, telecommunications and medical devices. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons. Demonstrating how standards enter the European legal system in a variety of ways, the book studies their relevance for public and private law alike. While the trade advantages of using standards in regulation are undeniable, the contributors elucidate how standard-setting processes have departed from the purely private realm to enter the stage of public regulation. This inevitably raises the issue of whether standardisation is supported by sufficient legitimacy guarantees. The contributions provide valuable insights to answering this question, highlighting cross-cutting reflections on the topic, and case studies on specific policy areas. This analytical book will be of interest to students and scholars researching in the fields of EU and global standardisation, EU law and trade law. It will also be a useful resource for practitioners focusing on regulation and standardisation. Contributors include: D. Bevilacqua, M. Cantero Gamito, C. Cauffman, P. Cuccuru, M. De Bellis, M. Eliantonio, M. Faure, M. Gérardy, C. Glinski, N. Philipsen, S. Roettger-Wirtz, P. Rott, S. Schoenmaekers, L. Senden, B. Van Leeuwen, A. VolpatoTrade Review'Standardisation law has recently emerged as a dynamic and multifaceted field of research, calling for in-depth case-studies but also more fundamental, theoretical work by academics. This book, masterfully edited by Eliantonio and Cauffman, aspires to do both by enrolling an impressive line-up of scholars interested in standardisation. While the jury is not out yet as to how legitimate standardisation in various areas is as a regulatory technique, this volume will become an important entry point for all those who want to learn more about the theoretical and practical challenges of standardisation at the European level.' --Panagiotis Delimatsis, Tilburg University, the Netherlands'The current book puts emphasis on the politically and legally most sensitive side of standardisation in the EU: the legitimacy of private standard production through private associations. The many contributions investigate whether and to what extent the legal framework established by the EU suffices to grant input, throughput and output legitimacy. It is an illuminating read that demonstrates that there is no unique and simple answer. The book constitutes a major contribution to the on-going debate on the increasing role of private regulation in a globalised economy and society.' --Hans-W. Micklitz, European University InstituteTable of ContentsContents: The legitimacy of standardisation as regulatory technique in the EU – a cross-sector and multi-level analysis: An introduction (Mariolina Eliantonio and Caroline Cauffman) PART I - Horizontal questions 1. Towards a More Holistic Legitimacy Approach to Technical Standardisation in the EU Linda Senden 2. Regulating by Request: On the role and status of the ‘standardisation mandate’ under the New Approach Pierluigi Cuccuru 3. Competition law as a tool to ensure the legitimacy of standard-setting by European standardisation organizations? Caroline Cauffman and Marie Gérardy 4. The contradictory approach of the CJEU to the judicial review of standards: a love-hate relationship? Annalisa Volpato and Mariolina Eliantonio 5. The impact of the legitimacy of European standards on their application in private law: a case study on professional standards in the medical sector Barend van Leeuwen 6. Deficient Standards by European Standardisation Organisations: Between State Liability and Tort Liability Carola Glinski and Peter Rott 7. Standardisation from a law and economics perspective Michael Faure and Niels J. Philipsen PART II – Standardisation in specific policy fields 1. The Legitimacy Of Banking And Financial Standards: Representation, Due Process And Regulatory Capture Maurizia De Bellis 9. Standards on the rise in procurement procedures: Are legitimacy concerns justified? Sarah Schoenmaekers 10. The legitimacy of standardisation as a regulatory technique in telecommunications Marta Cantero Gamito 11. Global Food Safety Regulation and the interplay between global standards and WTO law: how to close the legitimacy gap? Dario Bevilacqua 12. Standardisation of health products in search of legitimacy: rethinking judicial review? Sabrina Roettger-Wirtz Index

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Book SynopsisContemplating the nature, practice and study of private law, this comprehensive book offers a detailed overview of private law’s theoretical dimensions. It promotes a reflective attitude towards the topic, encouraging the reader to question how private law is practiced and studied, what this implies for their own engagement in the field and what kind of private lawyer they want to be. Marc Loth explores the central notion that private law is a multi-layered system which can only be fully apprehended in context. This thought-provoking book draws on examples from a range of legal systems to provide philosophical perspectives on the diverse dimensions of private law. Chapters examine the concept, history, language, values, methods and discipline of private law, as well as legal professionalism and the expertise of the private lawyer.Private Law in Context will be a key resource for scholars and postgraduate students interested in legal theory, legal philosophy, law and society and the nature of private law as a system and a practice.Trade Review‘Anyone who dreads reading about the theory of private law should read this delightfully written book. It offers insights, well-chosen quotes, and examples in abundance. Open it at a random page and you are sure to find little treasures; treasures of thoughtful reflections on what private law is and what we think it is. Aimed at higher-level students, it may equally serve as a companion on the desk or coffee table of everyone working in private law.’ -- Cees van Dam, King's College London, UK‘To call this book a masterful primer on private law is to dramatically understate its accomplishments. It is nothing less than an indispensable travel guide to the entire landscape of legal theory, history, and practice. I cannot imagine a more valuable resource to offer advanced law students, aspiring legal academics, and anyone else who wants or needs a sophisticated but accessible overview of the grand subject, Law.’ -- Douglas Kysar, Yale University, USTable of ContentsContents: Preface Introduction to Private Law in Context 1. The concept of private law 2. The history of private law 3. The language of private law 4. The expertise of the private lawyer 5. The values of private law 6. The methods of private law 7. The discipline of private law 8. The profession of the private lawyer Index

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Book SynopsisLitigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgement recognized and enforced in a country with assets? This extensively updated second edition Advanced Introduction addresses these questions, providing a concise overview of the field.Trade ReviewAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZTable of ContentsContents: Preface 1. Introduction: Basic issues PART I JURISDICTION TO ADJUDICATE 2. Forum-selection clauses 3. Jurisdiction over persons and things PART II THE APPLICABLE LAW (CHOICE OF LAW) 4. What law applies? PART III JUDGMENTS 5. Recognition and enforcement of foreign judgments 6. An assessment: tasks, developments, trends Bibliography Index

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Book SynopsisLitigating disputes in international civil and commercial cases presents a number of special challenges. Which country’s courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country’s law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgement recognized and enforced in a country with assets? This extensively updated second edition Advanced Introduction addresses these questions, providing a concise overview of the field.Trade ReviewAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZAcclaim for the first edition:‘Hay’s book provides a splendid introduction to the field of European private international law and American conflicts law with respect to jurisdiction, choice of law, and the recognition and enforcement of judgments. […] While the book’s appealingly clear and logical structure is a boon to students of the field, its comparative flavour is definitely its most intriguing trait for academics. In short, Hay’s Advanced Introduction must not be amiss in law libraries or on student desks – and especially not on scholars’ collection shelves.’ -- Tim W. Dornis, New York University, US. Review published in European Review of Private Law‘Hay calmly and unpretentiously combines the confidence and authority gained in decades of scholarship with a well-balanced and open-minded regard for the key issues of our field and presents an Advanced Introduction in the best possible sense.’ -- Dennis Solomon, University of Passau, Germany. Original review published in German in RabelZTable of ContentsContents: Preface 1. Introduction: Basic issues PART I JURISDICTION TO ADJUDICATE 2. Forum-selection clauses 3. Jurisdiction over persons and things PART II THE APPLICABLE LAW (CHOICE OF LAW) 4. What law applies? PART III JUDGMENTS 5. Recognition and enforcement of foreign judgments 6. An assessment: tasks, developments, trends Bibliography Index

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Book SynopsisWritten by Stephen Gold, a civil and family judge, legal broadcaster and journalist, this self-help best-seller has been significantly expanded with over 25 new chapters added to make this a 77 chapter bumper second edition covering even more of the legal problems we may all encounter at some time in our lives. So whoever you are – litigant in person, consumer or business owner and you can even be a professional lawyer or legal trainee to derive benefit from the book - you will find entertaining and enormously practical advice, written in straightforward language, direct from the judge’s pen to help you succeed in your dispute - or at least lose well. Been overcharged at a supermarket? Overlooked in a relative’s will? Sold duff goods? Sued for repossession by mortgage lender or landlord? Threatened by being left penniless after a divorce? You can find help here. But now in this second edition, you will also be armed to challenge that parking ticket, cope with a speeding or drink-drive prosecution, get your money back on a Covid cancelled holiday, resist excessive service charges from your landlord and much, much more. And Breaking Law Iooks like being the first book available to cover the new no-fault divorce laws that are due to come into force in April 2022. But Stephen does much more than explain rights. He takes you through how to behave in court (including how to cross-examine) whether it’s a face-to-face or remote hearing. And the book is full of templates: letters to help you win without a court case; documents you can use if the dispute goes to court; and documents such as the change your name deed, the cohabitation agreement, the pre-nuptial agreement, the anti-gazumping agreement, the no-sex agreement and the longest will in the world from which you can chose who inherits and who doesn’t. Throughout, Stephen’s advice is illuminated by tales of how his own disputes with a myriad of businesses have gone. No disputes with the twins Ron and Reg Kray, though. He was their lawyer and there’s a fascinating account of his professional relationship with them and his discovery of what became of Ron’s brain. If you do think you need a lawyer, Stephen provides plenty of ideas of how to get legal advice before handing over any money along with how to source professional help in and out of courts and tribunals for those who cannot afford legal fees (and who can?!). From the moment you get out of bed, you could suddenly find yourself needing this book. So don’t wait till the worst happens, get a copy and keep it handy like thousands of others have done over the last five yearsTrade ReviewReviews of the 1st edition: "Who needs a lawyer once you have Stephen Gold's Breaking Law to hand! An accessible, comprehensive guide to our legal rights. It's an amazing achievement." Jon Snow, Channel 4 News: "Breaking Law is an amusing, entertaining, and incredibly useful book explaining how to make the law work for you, not against you. If you've ever wondered what a judge would say about any legal predicament you find yourself in, well here's the answer!" Piers Morgan, broadcaster and writer : Written clearly and with a real sense of fun, at last a text which strips bare the complexities of our legal system so you, too, can "survive without a lawyer"..... Our Law, at last, accessible to us." Anna Botting, Sky News : "Fun to read but a vital source of knowledge if you are thinking of using the courts" : Justin Webb BBC Radio 4 : Unquestionably the legal book of the year, if not the decade. This is the work of a genius." Professor Dominic Regan, New Law Journal : "A master-class in civil procedure. Whatever your case is about Stephen Gold sets you on the path to winning or (since this is England) losing well. The specimen witness statement about the sale of 62 Wayne Rooney miniatures had me in stitches. A litigant in person would find it all very useful and the seasoned lawyer would learn something too. I did." : Peter Thompson QC, General Editor of the Civil Court Practice (the "Green Book') : "So full of useful stuff that it will be of great use to advisers as well as the advised." David Pickup, Law Society Gazette

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Book SynopsisCan private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.Trade ReviewThe Turning Point in Private Law offers a radical and clear analysis of the most fundamental legal institutions of private law and suggest a way out from the serious threat to the survival of civilization on our planet caused by the dominant extractive policy in the Anthropocene. Bringing together the most advanced insights of legal theory, Mattei and Quarta demonstrate how ecological awareness can transform lawyers understanding of the generative system of law. A stimulating challenge speaking to lawyers as well as to everyone in today's political climate.' --Antonio Gambaro, Accademia dei Lincei, Italy'A political manifesto for the survival of critical legal thought, this brilliant little book responds to the most destructive forms of global capitalism with a counter-hegemonic interpretation of the foundational institutions of private law, in order to produce a new ecological order based on the collective intelligence of the common(s).' --Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: Preface Introduction 1. Property Law 2. Legal personality and sovereignty 3. Contract Law 4. Tort Law Conclusions Index

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Book SynopsisThe Economics of Contracts provides a guided tour to the leading ideas in contract theory. It assembles some of the foundational writings on contracting under limited and asymmetric information, incentives and mechanism design. It contains, in particular, the key contributions of five recent Nobel Prize winners in economics and brings together the most important articles that have followed these path-breaking works.Table of ContentsContents: Volume I Acknowledgements Introduction Patrick Bolton PART I ADVERSE SELECTION 1. J.A. Mirrlees (1971), ‘An Exploration in the Theory of Optimum Income Taxation’ 2. Michael Mussa and Sherwin Rosen (1978), ‘Monopoly and Product Quality’ 3. Michael Spence (1973), ‘Job Market Signaling’ 4. Eric Maskin and Jean Tirole (1992), ‘The Principal-Agent Relationship with an Informed Principal, II: Common Values’ 5. Michael Rothschild and Joseph Stiglitz (1976), ‘Equilibrium in Competitive Insurance Markets: An Essay on the Economics of Imperfect Information’ 6. B. Douglas Bernheim and Michael D. Whinston (1986), ‘Menu Auctions, Resource Allocation, and Economic Influence’ 7. Robert M. Townsend (1979), ‘Optimal Contracts and Competitive Markets with Costly State Verification’ 8. Philippe Aghion and Patrick Bolton (1987), ‘Contracts as a Barrier to Entry’ PART II MORAL HAZARD 9. J.A. Mirrlees (1999), ‘The Theory of Moral Hazard and Unobservable Behaviour: Part I’ 10. Bengt Holmström (1979), ‘Moral Hazard and Observability’ 11. Sanford J. Grossman and Oliver D. Hart (1983), ‘An Analysis of the Principal-Agent Problem’ 12. Bengt Holmstrom and Paul Milgrom (1990), ‘Multitask Principal-Agent Analyses: Incentive Contracts, Asset Ownership, and Job Design’ 13. Jean-Jacques Laffont and Jean Tirole (1986), ‘Using Cost Observation to Regulate Firms’ PART III MECHANISM DESIGN AND OPTIMAL AUCTIONS 14. Eric Maskin ([1977] 1999), ‘Nash Equilibrium and Welfare Optimality’ 15. Claude d’Aspremont and Louis-André Gérard-Varet (1979), ‘Incentives and Incomplete Information’ 16. Roger B. Myerson (1981), ‘Optimal Auction Design’ 17. Roger B. Myerson and Mark A. Satterthwaite (1983), ‘Efficient Mechanisms for Bilateral Trading’ 18. Jacques Crémer and Richard P. McLean (1985), ‘Optimal Selling Strategies under Uncertainty for a Discriminating Monopolist when Demands are Interdependent’ 19. John Moore and Rafael Repullo (1988), ‘Subgame-Perfect Implementation’ Name Index Volume II Acknowledgements An introduction by the editor to both volumes appears in Volume I PART I OPTIMAL CONTRACTS AND ORGANIZATIONS 1. Bengt Holmstrom (1982), ‘Moral Hazard in Teams’ 2. Guillermo A. Calvo and Stanislaw Wellisz (1978), ‘Supervision, Loss of Control, and the Optimal Size of the Firm’ 3. Jerry R. Green and Nancy L. Stokey (1983), ‘A Comparison of Tournaments and Contracts’ 4. Jean Tirole (1986), ‘Hierarchies and Bureaucracies: On the Role of Collusion in Organizations’ PART II CONTRACT DYNAMICS, SELF-ENFORCING CONTRACTS AND RENEGOTIATION 5. Mathias Dewatripont (1989), ‘Renegotiation and Information Revelation over Time: The Case of Optimal Labor Contracts’ 6. Oliver D. Hart and Jean Tirole (1988), ‘Contract Renegotiation and Coasian Dynamics’ 7. M. Dewatripont and E. Maskin (1995), ‘Credit and Efficiency in Centralized and Decentralized Economies’ 8. Robert M. Townsend (1982), ‘Optimal Multiperiod Contracts and the Gain from Enduring Relationships under Private Information’ 9. Edward J. Green (1987), ‘Lending and the Smoothing of Uninsurable Income’ 10. William P. Rogerson (1985), ‘Repeated Moral Hazard’ 11. Bengt Holmstrom and Paul Milgrom (1987), ‘Aggregation and Linearity in the Provision of Intertemporal Incentives’ 12. W. Bentley MacLeod and James M. Malcomson (1989), ‘Implicit Contracts, Incentive Compatibility, and Involuntary Unemployment’ 13. Jonathan Levin (2003), ‘Relational Incentive Contracts’ 14. Bengt Holmström (1999), ‘Managerial Incentive Problems: A Dynamic Perspective’ PART III INCOMPLETE CONTRACTS AND THE THEORY OF THE FIRM 15. Sanford J. Grossman and Oliver D. Hart (1986), ‘The Costs and Benefits of Ownership: A Theory of Vertical and Lateral Integration’ 16. Oliver Hart and John Moore (1990), ‘Property Rights and the Nature of the Firm’ 17. Patrick Bolton and Michel D. Whinston (1993), ‘Incomplete Contracts, Vertical Integration, and Supply Assurance’ 18. Philippe Aghion and Patrick Bolton (1992), ‘An Incomplete Contracts Approach to Financial Contracting’ 19. Philippe Aghion and Jean Tirole (1997), ‘Formal and Real Authority in Organizations’ 20. Patrick Bolton and David S. Scharfstein (1990), ‘A Theory of Predation Based on Agency Problems in Financial Contracting’ Name Index

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Book SynopsisThis unique collection of largely unpublished papers brings together the founding fathers of law and economics to provide their own views on the origins and intellectual history of the field. Law and economics emerged as a separate field of scholarship during the early 1960s, fueled by two seminal papers, one by Ronald Coase and one by Guido Calabresi. The ideas generated by scholars researching in the field have deeply influenced the major disciplines of economics and the law.These 16 essays (including three by Nobel Laureates in Economic Sciences) provide an impressive blend of differing experiences and varying perspectives, reflecting on the intellectual foundations of the field, its early struggles for recognition, and its remarkable advance during the last four decades of the twentieth century, and into the twenty-first. The essays clearly outline, and contribute new insights into, all of the central issues of this still vibrant research programme. A unifying theme of the book is the central importance attached by each scholar to scientific analysis, rather than to any particular ideology or dogma.This book provides an absorbing intellectual history of law and economics, and will be a fascinating read for academics and researchers with an interest in law and economics, the history of economic thought, public choice and public policy.Trade Review'This volume is very worthwhile to read for getting a much better understanding of the US origins of law and economics.' -- Wolfgang Kerber, Jahrbucher fur Nationalokonomie und Statistik'I recommend this book in the strongest terms to all scholars interested in the history of law and economics. . . for bringing together these essays and for attempting to place the field in historical perspective, the editors deserve our thanks. . . For insider perspectives on the evolution of the field, to get a sense for the different conceptions of what it means to do economics, to do law, and to do law and economics, the book makes for a most interesting read.' -- Steven G. Medema, Review of Austrian Economics'Scholars at all stages of their careers will be interested in seeing how the field of law and economics has developed over almost a half century - the topics that were of interest, the methodology used, the ways in which problems were defined, tackled, solved. This is a major contribution to the intellectual history of economics and of law and economics.' -- Donald N. Dewees, History of Political Economy'This book of specially commissioned, original papers, by two majorTable of ContentsContents: PART I: INTRODUCTORY ESSAYS 1. An Intellectual History of Law and Economics: 1739–2003 Charles K. Rowley 2. Methodological Debates in Law and Economics: The Changing Contours of a Discipline Francesco Parisi 3. The Fire of Truth: A Remembrance of Law and Economics at Chicago, 1932–1970 Edmund W. Kitch PART II: ESSAYS BY THE FOUNDING FATHERS 4. The Economics Way of Looking at Behavior Gary S. Becker 5. Cost, Choice, and Catallaxy: An Evaluation of Two Related but Divergent Virginia Paradigms James M. Buchanan 6. The Pointlessness of Pareto: Carrying Coase Further Guido Calabresi 7. The Relevance of Transaction Costs in the Economic Analysis of Law Ronald H. Coase 8. The Confluence of Justice and Efficiency in the Economic Analysis of Law Robert D. Cooter 9. Toward a Theory of Property Rights II: The Competition Between Private and Collective Ownership Harold Demsetz 10. The Economist in Spite of Himself Richard A. Epstein 11. The Art of Law and Economics: An Autobiographical Essay William M. Landes 12. How Law and Economics was Marketed in a Hostile World: A Very Personal History Henry G. Manne 13. The Law and Economics Movement: From Bentham to Becker Richard A. Posner 14. The Rise of Law and Economics: A Memoir of the Early Years George L. Priest 15. Why was the Common Law Efficient? Paul H. Rubin 16. Law Versus Morality as Regulators of Conduct Steven Shavell 17. Journeys Across the Divides Michael J. Trebilcock 18. The Case Against the Common Law Gordon Tullock 19. Why Law, Economics, and Organization? Oliver E. Williamson Index

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Book SynopsisThis thoroughly updated and revised edition of a popular and authoritative reference work introduces the reader to the major concepts and leading contributors in the field of law and economics. The Companion features accessible, informative and provocative entries on all the significant issues, and breaks new ground by bringing together widely dispersed yet theoretically congruent ideas.Following a comprehensive introduction by the editor, the renowned contributors look in detail at several critical areas including: fundamentals of the law and economics approach private law and economics public law and economics labour law and economics regulation, taxation and public enterprise dispute resolution different sources of the law economic analysis of a legal problem classical authors in law and economics. Students and scholars interested in a comprehensive and rigorous overview of the field of law and economics will find this volume to be a unique and welcome resource. The Companion will also have a broad appeal amongst industrial economists and historians of economic thought.Trade ReviewAcclaim for the first edition: 'Backhaus's book is a good companion.' -- Pablo Salvador Coderch, Indret'A most valuable collection of papers serving to provide the reader both with an overview of some key areas in law and economics and with a biographical introduction to the work of some important, if also neglected, sources of scholarship in the discipline.' -- Anthony Ogus, Professor Emeritus, University of Manchester, UK and Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: Introduction Jürgen G. Backhaus Part I: Basics of the Law and Economics Approach 1. Coase Theorem and Transaction Cost Economics in the Law Francesco Parisi 2. Property Rights and their Partitioning Christian Müller and Manfred Tietzel 3. Legal Change in Economic Analysis John N. Drobak and Douglass C. North 4. Positive, Normative and Functional Schools in Law and Economics Francesco Parisi 5. Commons and Anticommons Francesco Parisi and Ben Depoorter Part II: Private Law and Economics 6. The Economics of Tort Law Giuseppe Dari Mattiacci and Francesco Parisi 7. Family Margaret Brinig 8. Inheritance Richard E. Wagner 9. Intellectual Property and the Markets of Ideas Giovanni B. Ramello 10. Incomplete Contracts and Institutions Antonio Nicita and Ugo Pagano Part III: Public Law and Economics 11. Central Bank Zelijko Sevic 12. Constitutional Economics I Francesco Farina 13. Constitutional Economics II Ludwig Van den Hauwe 14. Administrative Law and Economics Jean-Michel Josselin and Alain Marciano 15. Property Thomas J. Miceli 16. The European Union’s Institutional Design Elisabetta Croci Angelini 17. Subsidiarity Jürgen G. Backhaus Part IV: Labour Law and Economics 18. Labour Contracts Don Bellante 19. Company Board Representation Jürgen G. Backhaus 20. Employment Security through Dismissal Protection: Market versus Policy Failures Christoph F. Buechtemann and Ulrich Walwei Part V: Regulation, Taxation and Public Enterprise 21. Structures of Public Enterprise Jürgen G. Backhaus 22. Environmental Law and Economics A. Allan Schmid 23. Environmental Policies Choice as an Issue of Informational Efficiency Donatella Porrini 24. Tradeable Emission Rights Edwin Woerdman 25. Regulatory Taxation Jürgen G. Backhaus Part VI: Dispute Resolution 26. Dispute Resolution Thomas J. Miceli Part VI: Different Sources of the Law 27. Judicial Independence Sophie Harnay 28. General Norms and Customs Jean-Michel Josselin and Alain Marciano 29. Science as a Source of Law Peter R. Senn 30. Social Science as a Source of the Law Peter R. Senn 31. Cognitive Science John N. Drobak 32. Connections with Law and Society Research Jürgen G. Backhaus Part VIII: Towards an Ideal Economic Analysis of a Legal Problem 33. Towards an Ideal Economic Analysis of a Legal Problem Jürgen G. Backhaus Part IX: Classical Authors in Law and Economics 34. Cesare Beccaria (1738–94) Francesco Parisi and Giampaolo Frezza 35. Franz Böhm (1895–1977) Heinz Grossekettler 36. John R. Commons (1862–1945) Warren J. Samuels 37. Walter Eucken (1891–1950) Leland B. Yeager 38. Otto von Gierke (1841–1921) Jürgen G. Backhaus 39. Augusto Graziani (1865–1938) Giampaolo Frezza and Francesco Parisi 40. Robert Lee Hale (1884–1969) – Legal Economist Nicholas Mercuro, Steven G. Medema and Warren J. Samuels 41. Friedrich August von Hayek (1899–1992) Ludwig Van den Hauwe 42. Theodor Herzl (1860–1904) Peter R. Senn 43. Rudolf von Jhering (1818–92) and the Economics of Justice J.L.M. Elders 44. Franz Klein (1854–1926) Peter Lewisch 45. Etienne Laspeyres (1834–1913) Wolfgang Drechsler 46. Friedrich List (1789–1846) Arno Mong Daastöl 47. Achille Loria (1857–1943) Giampaolo Frezza and Francesco Parisi 48. Karl Marx (1818–83) and Friedrich Engels (1820–95) Heath Pearson 49. Carl Menger (1840–1921) Richard E. Wagner 50. Plato (c. 427–349 BC) Wolfgang Drechsler 51. Wilhelm Roscher (1817–94) Erich Streissler 52. Emil Sax (1845–1927) Manfred Prisching 53. Gustav von Schmoller (1838–1917) Helge Peukert 54. Adam Smith (1723–90) Helge Peukert 55. Werner Sombart (1863–1941) Günther Chaloupek 56. Lorenz von Stein (1815–90) Heinz Grossekettler 57. George Joseph Stigler (1911–92) Peter R. Senn 58. Pietro Trimarchi (1934–) Giampaolo Frezza and Francesco Parisi 59. Thorstein Veblen (1857–1929) Heath Pearson 60. Max Weber (1864–1920) Helge Peukert 61. Christian Wolff (1679–1754) Wolfgang Drechsler Index

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Book SynopsisAlthough many books focus on law and economics, and environmental economics, this is one of the first to combine the two topics in a fully integrated and comprehensive manner. The authors successfully bridge the gap between the disciplines of environmental law and traditional economics in a lucid and highly accessible style.The Economic Analysis of Environmental Policy and Law covers many of the recent advances in the field and attempts to integrate some of the most crucial legal and economic instruments which, in the authors' view, have not yet been subjected to proper analysis. These include zoning, expropriation, licensing, third party liability, safety regulation, mandatory insurance and criminal sanctions. The authors pay particular attention to the interrelationships of these instruments and their various economic effects. Using a comparative law and economics methodology, they are also able to incorporate environmental law with international policy and investigate the many diverse rules of the legal system and their implementation in different countries. Crucially, the authors do not consider economics as the exclusive determinant in legal rule-making. They also highlight the need for ethical considerations and illustrate the potential limitations of pure economic analysis.The book assumes no prior knowledge of economics and will prove informative and rewarding for students of law and the social and natural sciences, especially those with an interest in environmental policy. With an extensive reference list and detailed notes on further reading material, this book will also serve as a stimulating introduction to the discipline of law and economics for environmental, political and legal practitioners.Trade Review'Sometimes, one has to teach an introductory course, for instance to civil servants, and if you should have the task to teach environmental policy and law, this is the book to recommend. It could really not be more straightforward. . . This is a wonderful introduction, and every conscientious teacher of the subject can successfully build upon it.' -- Jurgen G. Backhaus, European Journal of Law and Economics'This volume would make an excellent textbook for students of both introductory environmental economics and introductory environmental law. The examples of real world legal problems and environmental policies provide the student with the context within which the basic principles of microeconomics come alive. The scope of economic topics covered is broad and impressive, ranging from the notion of marginal cost to the idea of limits to growth. The authors have created a framework within which it is possible for both law students and economics students to learn from each other's disciplines. A truly remarkable achievement.' -- Timothy M. Swanson, University College London, UKTable of ContentsContents: 1. Introduction and Summary Part I: Rights and the Environment 2. Principles of Environmental Policy 3. Exploitation and Protection of Endangered Species 4. Property Rights Part II: Resources, Prices and Sustainable Growth 5. Prices and Markets 6. Market Failures 7. Capital, Investments, Interests and Risks 8. Sustainable Growth Part III: Transaction Costs and the Law 9. The Role of Law 10. Balancing Benefits and Costs 11. Regulation of Industry 12. Land-use Control 13. Tradable Permits, Charges and Deposits Part IV: Risk and Liability 14. Tort Law 15. Limits to Liability 16. Environmental Crime 17. Various Instruments at Various Levels of Government Bibliography Index

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Book SynopsisTrade Marks at the Limit is a collection of current, informed and original essays on different aspects of a topic that unites trade mark owners, practitioners and potential infringers alike - the fine borderline that separates permitted use of another business's trade mark from a use that constitutes trade mark infringement. This important and groundbreaking book first examines the international legal framework for regulating unauthorised use of the trade marks of others. Then writers from both sides of the Atlantic and from Australia look at the practical problems and conceptual issues that the courts face in striking a balance between the needs of trade mark owners, their competitors, businesses that provide downstream services, and also consumers. The authors address industry-specific issues involving the financial services sector and consumer goods as well as problems raised by comparative advertising, the need to protect free speech, the problems faced when dealing with non-traditional trade marks and the special case of multilingual jurisdictions. Authored by leading legal practitioners and consultants in related sectors, Trade Marks at the Limit is the first book to bring these issues together under the banner of permitted but unauthorised trade mark use.Trade Review'. . . the book differs from the norm in addressing issues not conventionally found in the more standard trade mark works and in dealing with the subject not in the traditional textbook manner but in a series of contributions from a panel of distinguished international experts. . . While there will always be a need for the detailed and comprehensive academic and practitioner tomes, books such as this give the reader access to the cutting-edge minds of a number of leading experts in their fields. Books of this nature encourage the reader to question and challenge the current status of the law - the only way law can evolve. In both its structure and its content this book is highly commended.' -- Colin R. Davies, European Intellectual Property ReviewTable of ContentsContents: Preface Introduction: Permitted But Unauthorised Use Jeremy Phillips PART I: THE LEGAL BACKGROUND 1. Permitted Use Under International Law Nicolas Dontas 2. Permitted Use Under European Law: The Framework Susie Middlemiss 3. Comparative Advertising in the United States Charles H. Googe, Jr and Lewis Clayton 4. A Contrast With Trade Mark Law: The Permitted Use of Geographical Indications Lasse A. Søndergaard Christensen and Janne Britt Hansen PART II: SPECIFIC ISSUES 5. Comparative Advertising in Europe Philippe de Jong 6. Use of Trade Marks on Repackaged and Relabelled Pharmaceutical Goods Christian Schumacher 7. Controlling Third Party Use at the Border Luca Giove 8. Compatibility of Products: The ECJ’s Gillette Ruling Rainer Hilli 9. Repairs and other Specialist Services in the Light of the ECJ’s BMW Ruling Montiano Monteagudo and Núria Porxas 10. Refills, Recharged Batteries and Recycled Products Wolfgang Kellenter 11. Honest Commercial Use in Light of the ECJ’s Gerolsteiner Ruling Grace Smith 12. ‘Descriptivess’ in American Trade Mark Law David W. Quinto and Anthony P. Alden 13. Interim Relief, Final Injunctions and Freedom of Speech: The French Greenpeace and Danone Litigation Grégoire Triet 14. Trade Mark Issues in the Financial Services Industry Steven Weiner and Frank Azzopardi 15. The Impact of Permitted Use on Trade Mark Valuation Mark Bezant 16. Unauthorised Use of Trade Marks: A Trade Mark Proprietor’s Perspective Bruce Proctor 17. Unauthorised Permitted Use in a Multilingual Jurisdiction Thierry Calame 18. Unauthorised Use of Another’s Trade Mark: A View from Australia Jackie O’Brien PART III: LOOKING TO THE FUTURE 19. Why is it Better to Brand so as not to Rely on Third Party Use? Dawn Franklin 20. Legal Strategies for Coping With Unwanted Third Party Use Steven Warner 21. Non-traditional Trade Marks: Unauthorised but Permitted Use Karin Cederlund and Petra Hansson Conclusion: Where Do We Go From Here? Jeremy Phillips Index

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Book SynopsisAs technological progress marches on, so anxiety over the shape of the public domain is likely to continue if not increase. This collection helps to define the boundaries within which the debate over the shape of law and policy should take place.From historical analysis to discussion of contemporary developments, the importance of the public domain in its cultural and scientific contexts is explored by lawyers, scientists, economists, librarians, journalists and entrepreneurs. The contributions will both deepen and enliven the reader's understanding of the public domain in its many guises, and will also serve to highlight the public domain's key role in innovation.This book will appeal not only to students and researchers coming from a variety of fields, but also to policymakers in the IP field and those more generally interested in the public domain, as well as those more directly involved in the current movements towards open access, open science and open source.Trade Review'. . . this book is well written, well organized, and easily accessible to readers from various backgrounds. It would be a useful text for anyone seeking to gain some understanding of the basic theoretical and policy issues related to the public debate about IP rights, and copyright in particular.' -- Julia J. Osei-Tutu, Journal of Intellectual Property Law and Practice'This book is filled with fascinating voices and perspectives on the public domain that will ensure that any reader will be challenged and forced to think (and possibly argue) with a dedicated group of thinkers. . . an important and learned collection that should be read by a large group of people. . . an important book on the public domain.' -- Mathias Klang, Scripted'As a multi-disciplinary work on a subject of great topicality, this book deserves all the attention it can get.' -- The Commonwealth Lawyer'A meticulous and scholarly examination of the concept of intellectual property. A thorough historical analysis combined with balanced discussion of contemporary debate on the issue, especially in the modern world when technology and the very definition of intellectual property is changing faster than ever before. . . Highly recommended for college libraries and anyone seeking an in-depth, exhaustively researched account on the subject.' -- Library BookwatchTable of ContentsContents: Introduction: The Many Faces of the Public Domain Hector MacQueen and Charlotte Waelde 1. In Search of the Public Domain during the Prehistory of Copyright Law F. Willem Grosheide 2. Copyright’s Public Domain Ronan Deazley 3. The Public Domain: Right or Liberty? John Cahir 4. The Public Domain and International Intellectual Property Law Treaties Antony Taubman 5. The Public Interest in the Public Domain Gillian Davies 6. Altering the Contours of the Public Domain Fiona Macmillan 7. Creativity, Innovation and Intellectual Property: A New Approach for the 21st Century John Howkins 8. The Public Domain and the Librarian Toby Bainton 9. The Public Domain and the Creative Author Bill Thompson 10. The Public Domain and the Economist Manfredi M.A. La Manna 11. The Public Domain and Public Sector Information Richard Susskind OBE 12. Audiences in Tradition: Traditional Knowledge and the Public Domain Johanna Gibson 13. Scientific Research Agendas: Controlled and Shaped by the Scope of Patentability Helen Wallace and Sue Mayer 14. The Public Domain: Ideology vs. Interest Ann Bruce 15. A Rights-Free World – Is it Workable, and What is the Point? Graham Dutfield 16. The Priorities, the Values, the Public Charlotte Waelde Index

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Book SynopsisThis book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from micro-organisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialization of biological inventions.The author also considers the contradictions between the Supreme Court of Canada rulings in respect of the Harvard oncomouse, and genetically modified canola. He explores law, policy, and practice in both Australia and New Zealand in respect to gene patents and non-coding DNA. This study charts the rebellion against the European Union Biotechnology Directive - particularly in respect of Myriad Genetics' BRCA1 and BRCA2 patents, and stem cell patent applications. The book also considers whether patent law will accommodate frontier technologies - such as bioinformatics, haplotype mapping, proteomics, pharmacogenomics, and nanotechnology.Intellectual Property and Biotechnology will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.Trade Review'Dr Rimmer's book is a marvellous introduction to a crucial topic of our time. He writes engagingly, provocatively and always with good humour. A highly technical and complex area of law has been reduced to clear descriptions and searching analysis. Truly, this is an important book on an essential topic that will help define the ethics of a future that includes nothing less than the future of our species.' -- From the foreword by the Hon Justice Michael Kirby AC CMG, the High Court of Australia'. . . the author has done an excellent job by explaining the subject in an open and accessible manner. This book is a timely and very thought-provoking analysis of patent law and biotechnology. . . The book is a unique theoretical contribution to the controversial public debate over commercialization of biological inventions. . . there is an extensive bibliography. . . a valuable resource for further reading. The book will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.' -- Journal of Intellectual Property Rights'Rimmer's book is highly recommended for anyone interested in the issues and debate related to biological inventions, regardless of which side the reader is on.' -- Stefan M. Miller, Journal of Commercial Biotechnology'. . . this book gives an excellent account of the most celebrated biotechnology cases from three continents, and for this alone is to be thoroughly recommended.' -- David Rogers, European Intellectual Property ReviewTable of ContentsContents: Foreword Preface Introduction 1. Anything Under the Sun: Patent Law and Micro-Organisms 2. Franklin Barley: Patent Law and Plant Breeders’ Rights 3. The Human Chimera Patent Initiative: Patent Law and Animals 4. The Storehouse of Knowledge: Patent Law, Scientific Discoveries and Products of Nature 5. The Book of Life: Patent Law and the Human Genome Project 6. The Dilettante’s Defence: Patent Law, Research Tools and Experimental Use 7. The Utah Saints: Patent Law and Genetic Testing 8. The Alchemy of Junk: Patent Law and Non-Coding DNA 9. Still Life with Stem Cells: Patent Law and Human Embryos Conclusion: Blue Sky Research: Patent Law and Frontier Technologies Bibliography Index

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Book SynopsisThis book documents and evaluates the growing consumer revolution against digital copyright law, and makes a unique theoretical contribution to the debate surrounding this issue.With a focus on recent US copyright law, the book charts the consumer rebellion against the Sonny Bono Copyright Term Extension Act 1998 (US) and the Digital Millennium Copyright Act 1998 (US). The author explores the significance of key judicial rulings and considers legal controversies over new technologies, such as the iPod, TiVo, Sony Playstation II, Google Book Search, and peer-to-peer networks. The book also highlights cultural developments, such as the emergence of digital sampling and mash-ups, the construction of the BBC Creative Archive, and the evolution of the Creative Commons.Digital Copyright and the Consumer Revolution will be of prime interest to academics, law students and lawyers interested in the ramifications of copyright law, as well as policymakers given its focus upon recent legislative developments and reform proposals. The book will also appeal to librarians, information managers, creative artists, consumers, technology developers, and other users of copyright material.Trade Review'A very helpful and accessible collection of contemporary issues in digital copyright law. . . Rimmer's book is quite possibly the most enjoyable and easy to read guide to selected issues of digital copyright law on the market today. . . Its core strength is undoubtedly its accessibility - it is a pleasure to read.' -- Martin Arthur Kuppers, Journal of Intellectual Property Law and Practice'Matthew Rimmer's book provides much needed insight into the current status of digital copyright and its relationship to the general purchasing public. . . This book, which has a structure that flows with concinnity and concision, makes it easy to navigate some of the most complicated and controversial issues.' -- Lisa Wong, Osgoode Hall Law Journal'This engaging account of US copyright law (and copyright wars) is thorough and informative. Following a comprehensive and compelling introduction, encompassing a literature review and outline of the methodology and arguments to be adopted. . . His deep understanding of the subject matter, as well as his profound empathy with consumers, are evident throughout the work; the book will, no doubt, foster a similar interest in another generation of copyright law scholars.' -- Louise Buckingham, Copyright Reporter'Digital Copyright and the Consumer Revolution is a very important and timely book. . . and is a crucial vade mecum on the ever evolving "global maze of case law and copyright reform".' -- Colin Steele, Australian Library JournalTable of ContentsContents: Preface 1. The Dead Poets Society: The Copyright Term and the Public Domain 2. Remote Control: Time-shifting and Space-shifting 3. The Privateers of the Information Age: Copyright Law and Peer-to-peer Networks 4. The Grey Album: Copyright Law, Digital Sampling and Mash-ups 5. Grand Turismo in the High Court: Copyright Law and Technological Protection Measures 6. Agent Smith and the Matrix: Copyright Law and Intermediary Liability 7. Google: Search or Destroy? 8. Remix Culture: The Creative Commons and its Discontents Conclusion: A Consumer’s Manifesto, the Declaration of Innovation Independence Bibliography Index

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Book SynopsisThe protection of the investment made in collecting, verifying or presenting database contents is still not harmonised internationally. Some laws over-protect database contents, whilst others under-protect them. This book examines and compares several methods available for the protection of investment in database creation - namely, intellectual property, unfair competition, contract and technological protection measures - in order to find an adequate type and level of protection. To this effect, the author uses criteria based on a combination of the economics of information goods, the human rights to intellectual property and to information, and the public interest, proposing a model that can be adopted at international and national levels.The Legal Protection of Databases will be of interest to intellectual property lawyers, competition lawyers, as well as general commercial lawyers because of the breadth of laws reviewed. It will also appeal to practitioners, policymakers, economists and students.Trade Review'Dr Derclaye's book is well structured. . . the methodology is theoretical and comparative. . . Derclaye's work on database law is timely and readable, presenting a sound thesis to the perceived problems.' -- Patricia Akester, Journal of Intellectual Property'This book has a wide-ranging, detailed appeal for all lawyers, students and those in the public and private sectors. . .' -- Richard Chambers'. . . this book is a detailed, comprehensive and well-researched examination of legal protection of databases, which offers a valuable template for reform that will be of great interest to academics and policymakers alike.' -- Tanya Aplin, European Intellectual Property ReviewTable of ContentsContents: Preface Introduction and Methodology 1. Identification of the Criterion Determining Adequate Database Protection Part I: The Protection of Databases in the European Union 2. The Protection of Databases by the Sui Generis Right 3. The Protection of Databases by Unfair Competition in Europe 4. The Protection of Databases by Contract in Europe 5. The Protection of Databases by Technological Measures and Anti-Circumvention Provisions in Europe Part II: The United States 6. The Protection of Databases by Unfair Competition in the United States 7. The Protection of Databases by Contract in the United States 8. The Protection of Databases by Technological Measures and Anti-Circumvention Provisions in the United States Part III: Proposal for an Adequate Database Protection 9. Intellectual Property, Unfair Competition or Restitution? 10. Remedies for Over- and Under-Protection and Proposed Database Protection Model Conclusion and Outlook Bibliography Index

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Book SynopsisThis book considers whether the WTO agreement on 'Trade-Related Aspects of Intellectual Property Rights' (TRIPS) will become a vehicle for promoting greater international equity and engagement with the world economy or a tool for wealthy nations to extract excessive rents from poorer countries. Can TRIPS garner the necessary degree of legitimacy and public trust to deliver economic development? Can it become a key instrument for promoting international health and development? In response to these questions, the book proposes interpretive possibilities for the TRIPS' text along with implementation strategies to avoid the threat of its irrelevancy due, amongst other things, to free trade agreements containing TRIPS-plus terms.The book discusses the impact of TRIPS from various perspectives, including those of developing countries. It will be of interest to informed citizens, members of NGOs and students and academics concerned with the debate about the impact of TRIPS on access to medicines at affordable prices, the protection of traditional knowledge, and the alleged neo-colonial effect of net revenue outflows from developing nations to developed nations for copyright and patent royalties.Trade Review'The chapters in this volume provide insightful analysis and commentary on TRIPS and, importantly, the TRIPS Plus world that many countries operate in. . . This is a fine contribution to the growing literature of interdisciplinary analyses of the global IP regime. . . there is enough in here that makes the book worth acquiring and reading. Scholars of development more generally will find this book to be useful both for advancing their own understanding of the global IP regime and for integrating IP into broader development studies courses they teach.' -- Kenneth C. Shadlen, Progress in Development StudiesTable of ContentsContents: 1. Introduction 2. TRIPS as Competitive and Cooperative Interpretation Christopher Arup 3. Knowledge Diplomacy and the New Intellectual Property Fundamentalism Graham Dutfield 4. Last Chance? Multilateralism, TRIPS and Developing Countries Xu Yi-chong 5. Intellectual Property Protection after TRIPS: An Asian Experience Jakkrit Kuanpoth 6. The Development-Balance of the TRIPS Agreement and Enforcement of Intellectual Property Rights Ermias Tekeste Biadgleng 7. The Evolution of the CBD’s Development Agenda that may Influence the Interpretation and Development of TRIPS Charles Lawson and Jay Sanderson 8. TRIPS-plus Treaty Terms: Dealing with Coercion Justin Malbon Index

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Book SynopsisThe debate concerning the desirability and modes of harmonisation of European Private Law (EPL) has, until now, been mainly concerned with substantive rules. The link between rules and institutions suggests that governance of both the process of harmonisation and its outcome is necessary. This book covers various perspectives on the challenge of designing governance for EPL: the implications of a multi-level system in terms of competences, the interplay between market integration and regulation, the legitimacy of private law making, the importance of self-regulation, the usefulness of conflict of law rules, the role of intergovernmental institutions, and the aftermath of enlargement. In addressing these, the book's achievements are to successfully link two areas of scholarship that have so far remained separate, EPL and new modes of governance, and to address institutional reforms. The contributions offer different proposals to improve governance: the creation of a European Law institute, the improvement of judicial cooperation among national courts, the use of committees for implementation of EPL. Suggesting practical institutional reforms that can improve the process of Europeanisation of private law, this book will be of great interest to scholars of law, politics, political science, sociology and economics. It will also appeal to policymakers, and members of both European institutions and national institutions dealing with European matters.Trade Review'This is a remarkably ambitious work of scholarship. What can "Europe" bring to private law, and what can it take away? And how do we shape the institutional design of the governance model(s) that comprise "Europe"? A stellar collection of contributors provides important fresh insights into the evolving and varied patterns according to which private law is generated in Europe.' -- Stephen Weatherill, Somerville College, Oxford, UKTable of ContentsContents: 1. Introduction Fabrizio Cafaggi and Horatia Muir-Watt PART I: DIFFERENT FACETS OF MARKET INTEGRATION 2. Multilevel Europe and Private Law Giuliano Amato 3. Harmonizing Civil Litigation in Europe? Michele Taruffo 4. European System of Private Laws: An Economic Perspective Wolfgang Kerber 5. The Impact of EU Enlargement on Private Law Governance in Central and Eastern Europe: The Case of Consumer Protection Antonina Bakardjieva Engelbrekt 6. Governance Design for European Private Law: Lessons from the Europeanization of Competition Law in Central and Eastern Europe Katalin J. Cseres PART II: PRIVATE LAW-MAKING 7. Remarks on the Needs and Methods for Governance in the Field of Private International Law – At the Global and Regional Levels Hans Van Loon 8. The American Law Institute: A Model for the New Europe? Lance Liebman PART III: GOVERNANCE IN EUROPEAN PRIVATE LAW 9. Private Law, Regulation and Governance Design and the Personal Work Contract Mark Freedland 10. Regulatory Agencies, Regulatory Legitimacy, and European Private Law Tony Prosser 11. Regulating Private Legislation Colin Scott 12. Governance Implications for the European Union of the Changing Character of Private Law Hugh Collins PART IV: CONCLUSIONS 13. The Making of European Private Law: Governance Design Fabrizio Cafaggi Index

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Book SynopsisThis unique collection of largely unpublished papers brings together the founding fathers of law and economics to provide their own views on the origins and intellectual history of the field. Law and economics emerged as a separate field of scholarship during the early 1960s, fueled by two seminal papers, one by Ronald Coase and one by Guido Calabresi. The ideas generated by scholars researching in the field have deeply influenced the major disciplines of economics and the law.These 16 essays (including three by Nobel Laureates in Economic Sciences) provide an impressive blend of differing experiences and varying perspectives, reflecting on the intellectual foundations of the field, its early struggles for recognition, and its remarkable advance during the last four decades of the twentieth century, and into the twenty-first. The essays clearly outline, and contribute new insights into, all of the central issues of this still vibrant research programme. A unifying theme of the book is the central importance attached by each scholar to scientific analysis, rather than to any particular ideology or dogma.This book provides an absorbing intellectual history of law and economics, and will be a fascinating read for academics and researchers with an interest in law and economics, the history of economic thought, public choice and public policy.Trade Review'This volume is very worthwhile to read for getting a much better understanding of the US origins of law and economics.' -- Wolfgang Kerber, Jahrbucher fur Nationalokonomie und Statistik'I recommend this book in the strongest terms to all scholars interested in the history of law and economics. . . for bringing together these essays and for attempting to place the field in historical perspective, the editors deserve our thanks. . . For insider perspectives on the evolution of the field, to get a sense for the different conceptions of what it means to do economics, to do law, and to do law and economics, the book makes for a most interesting read.' -- Steven G. Medema, Review of Austrian Economics'Scholars at all stages of their careers will be interested in seeing how the field of law and economics has developed over almost a half century - the topics that were of interest, the methodology used, the ways in which problems were defined, tackled, solved. This is a major contribution to the intellectual history of economics and of law and economics.' -- Donald N. Dewees, History of Political Economy'This book of specially commissioned, original papers, by two majorTable of ContentsContents: PART I: INTRODUCTORY ESSAYS 1. An Intellectual History of Law and Economics: 1739–2003 Charles K. Rowley 2. Methodological Debates in Law and Economics: The Changing Contours of a Discipline Francesco Parisi 3. The Fire of Truth: A Remembrance of Law and Economics at Chicago, 1932–1970 Edmund W. Kitch PART II: ESSAYS BY THE FOUNDING FATHERS 4. The Economics Way of Looking at Behavior Gary S. Becker 5. Cost, Choice, and Catallaxy: An Evaluation of Two Related but Divergent Virginia Paradigms James M. Buchanan 6. The Pointlessness of Pareto: Carrying Coase Further Guido Calabresi 7. The Relevance of Transaction Costs in the Economic Analysis of Law Ronald H. Coase 8. The Confluence of Justice and Efficiency in the Economic Analysis of Law Robert D. Cooter 9. Toward a Theory of Property Rights II: The Competition Between Private and Collective Ownership Harold Demsetz 10. The Economist in Spite of Himself Richard A. Epstein 11. The Art of Law and Economics: An Autobiographical Essay William M. Landes 12. How Law and Economics was Marketed in a Hostile World: A Very Personal History Henry G. Manne 13. The Law and Economics Movement: From Bentham to Becker Richard A. Posner 14. The Rise of Law and Economics: A Memoir of the Early Years George L. Priest 15. Why was the Common Law Efficient? Paul H. Rubin 16. Law Versus Morality as Regulators of Conduct Steven Shavell 17. Journeys Across the Divides Michael J. Trebilcock 18. The Case Against the Common Law Gordon Tullock 19. Why Law, Economics, and Organization? Oliver E. Williamson Index

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Book SynopsisThe importance of intellectual property rights is now well established as a vital component in the success of firms and nations. The diverse contributors to this volume, drawn from the fields of law, business and economics, clarify and analyze the problems and promise of IP policy from a global perspective. They discuss both developed and emerging nations and advance the understanding of this increasingly important topic.The articles address issues from an interdisciplinary focus with an emphasis on current topical issues. Topics addressed include intellectual rights protection in emerging nations such as China, an exploration of a specific cross-national intellectual property perspective, strategies for protecting intellectual property rights, and a guide to understanding emerging and non-western legal systems. A mix of theoretical and practical observations helps the reader navigate the increasingly international topic of intellectual property as well as offers strategies for optimal utilization of intellectual property assets. The volume serves well both as a solution-oriented book and as a tool for facilitating further discussion and analysis in the classroom.Scholars and students in law, business and economics, as well as business practitioners interested in a global perspective on IP policy, will enjoy this book.Trade Review'The high standards of this book derive from its authors and editors' inter-disciplinary views on the global scenario of intellectual property laws and policy. This fine inter-disciplinary collection of papers from leading worldwide authors explores issues/challenges relating to intellectual property laws and policy in main economic zones, focusing on recent developments in two fast growing economies, India and China. . . This book is an excellent piece of inter-disciplinary approach on IP law policy worldwide and is an up-to-date resource for legal academics, lawyers, industry, economist and IP policymakers worldwide. The well-researched essays provide comprehensive analysis of the individual topics. The editors have done a commendable job of grouping together the relevant essays to assist readers to locate material relevant to their interests.' -- Avinash Dadhich, Communications Law'. . . a gratifying collection of informed and engaging contributions.' -- John A. Tessensohn, European Intellectual Property ReviewTable of ContentsContents: Preface PART I: INTRODUCTION 1. The Continuing Challenge of Global Intellectual Property Rights Robert C. Bird and Subhash C. Jain PART II: DEVELOPED NATIONS IN A GLOBAL MARKET 2. Unifying the International Law of Business Method and Software Patents Larry A. DiMatteo and Robert E. Thomas 3. Secondary Liability for Intellectual Property Law Infringement in the International Arena: Framing the Dialogue Lynda J. Oswald 4. Coming Attractions: Opportunities and Challenges in Thwarting Global Movie Piracy Lucille M. Ponte PART III: INDIA AND CHINA 5. Protecting Well Known Marks in China: Challenges for Foreign Mark Holders Stephanie M. Greene 6. India: A Study in Patent-Law Effects George T. Haley and Usha C.V. Haley 7. Employee Disclosures of Trade Secrets in China: Prevention Strategies Marisa Anne Pagnattaro 8. The Indian Patent Matrix: Issues in Patent Amendment 2005 V.C. Vivekanandan 9. Intellectual Property, Foreign Direct Investment and the China Exception Peter K. Yu PART IV: VALUE CAPTURE AND RETENTION STRATEGIES 10. Protecting Unconventional Trademarks in the European Union and the United States Willajeanne F. McLean 11. National IPR Policies and Multinational R&D Strategies: An Interactive Perspective Minyuan Zhao and Bernard Yeung PART V: PERSPECTIVES OF EMERGING NATIONS 12. The Vulnerability of Middle Developed Countries to Changes in Foreign Investment Arising from Intellectual Property Appropriation Robert C. Bird and Daniel R. Cahoy 13. Intellectual Property Reform in Developing Countries: Trade and Investment Dimensions Douglas Lippoldt 14. A Skeptic’s View of Intellectual Property Rights Donald G. Richards Index

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Book SynopsisThe increasing role that NGOs play at different levels of legal relevance - from treaty-making to rule implementation, and from support to judges to aid delivery - calls for reconsideration of the international legal status of those organizations. This book shows that the degree of flexibility currently enjoyed by NGOs in fields as varied as human rights, the environment and the European Union development cooperation policy constitutes the best arena for all actors involved, with the consequences that the instances where more strict regulation of NGOs' participation is desirable are very limited.With each chapter focusing on a different modality of NGO participation in international affairs (from formalised legal statuses to informal ways of dealing with issues of international relevance), this book will be of great interest to academics specialised in international law, political scientists, international officials working for both international organisations and non-governmental organisations, and legal practitioners (legal counsels of international organisations, lawyers and judges).Trade Review'The essays are persuasive and well-written and, all in all, the book makes an indelible contribution to the legal discourse surrounding this subject. Although the essays are presented with sufficient detail and structure for legal specialists, it would be extremely useful for lobbying practitioners. It is equally essential reading for larger NGOs who wish to improve existing partnership efforts as well as smaller NGOs in developing countries who would like to know more about the policy considerations underpinning current limitations to the NGO's role.' -- Akima Paul, Vienna Online Journal on International Constitutional Law'The increasing importance of NGOs has forced international institutions to pay attention to issues of participation and transparency. This excellent book provides comprehensive and insightful analyses of how international bodies accommodate NGOs and their concerns. It forthrightly addresses the uncertain legal status of NGOs in international law.' -- Edith Brown Weiss, Georgetown University Law Center, US'No one can deny the significance that NGOs have at the international level, or the dynamism some of them have shown in promoting change, whether in the context of the International Criminal Court or the environment, etc. This is a lively and well-informed account of the wide range of NGOs at the international level, their continuing search for status and (what is more important) access, and also of the abuses sometimes involved, e.g. with "servile NGOs" in the human rights field. This collection provides an important source of information about an important source of influence on our lives.' -- James Crawford, Cambridge University, UK'A timely and useful book that highlights the multi-faceted role of NGOs on the international scene and the rules and practices which have been designed to this end.' -- Laurence Boisson de Chazournes, University of Geneva, SwitzerlandTable of ContentsContents: Introduction: A Normative or Pragmatic Definition of NGOs? Christine Bakker and Luisa Vierucci PART I: NGOs AND INTERGOVERNMENTAL ORGANIZATIONS 1. Beyond Consultative Status: Which Legal Framework for an Enhanced Interaction between NGOs and Intergovernmental Organizations? Emanuele Rebasti 2. Domesticating Civil Society at the United Nations Olivier de Frouville 3. NGOs and the Development Policy of the European Union Valentina Bettin 4. Controversial Developments in the Field of Public Participation in the International Environmental Law Process Attila Tanzi PART II: NGOs, INTERNATIONAL COURTS AND COMPLIANCE REVIEW MECHANISMS 5. NGOs Before International Courts and Tribunals Luisa Vierucci 6. The Legal Status of NGOs in Environmental Non-compliance Procedures: An Assessment of Law and Practice Cesare Pitea Conclusion: Return on the Legal Status of NGOs and on the Methodological Problems which Arise for Legal Scholarship Pierre-Marie Dupuy Appendix 1: Questionnaire on the Legal Status of NGOs in International Law Appendix 2: Selected Documents Relating to Recent Developments Relevant to NGOs’ Status Under International Law Bibliography Index

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Book SynopsisIn this book, reputed experts highlight the special features of Canadian intellectual property law. Situated at the crossroads between legal traditions in Europe and the United States, Canada's intellectual property laws blend various elements from these regions and offer innovative approaches. The chapters focus primarily on patents, trademarks, and copyright, covering both historical and contemporary developments. They are designed to bring perspective to and reflect upon what has become in recent years a very rich intellectual property environment.Dealing with the characteristic features of Canadian intellectual property law, this book will be of great interest to scholars and researchers, and undergraduate, graduate and postgraduate students of comparative and international intellectual property law, as well as those concerned with industrial property law and copyright law.Trade Review‘An Emerging Intellectual Property Paradigm is a definitive guide to the creative, cosmopolitan, cool-headed, and compassionate jurisprudence of Canadian intellectual property law. This volume shows that Canadian intellectual property law is an eclectic blend of British, French, and American legal traditions. After a pattern of resistance and accommodation, the legal system has internalised a variety of foreign influences. This collection explores the unique innovations of Canadian intellectual property law - such as its pioneering development of moral rights; the robust Copyright Board of Canada; and the Jean Chretien Pledge to Africa Act. Canadian intellectual property law has much to teach the rest of the world forging a "Middle Way" between the extremes of intellectual property maximalism and free-for-all piracy and counterfeiting.' -- Matthew Rimmer, The Australian National University College of Law, AustraliaTable of ContentsContents: Preface PART I: INDUSTRIAL PROPERTY 1. The Challenge of Trademark Law in Canada’s Federal and Bijural System Teresa Scassa 2. A Watershed Year for Well Known or Famous Marks Robert G. Howell 3. Canada’s Treatment of Geographical Indications: Compliant or Defiant? An International Perspective Dianne Daley 4. From Pasteur to Monsanto: Approaches to Patenting Life in Canada Mark Perry 5. Canadian Pharmaceutical Patent Policy: International Constraints and Domestic Priorities Mélanie Bourassa Forcier and Jean-Frédéric Morin PART II: COPYRIGHT 6. Canadian Colonial Copyright: The Colony Strikes Back Pierre-Emmanuel Moyse 7. Canadian Originality: Remarks on a Judgment in Search of an Author Abraham Drassinower 8. Moral Rights in Canada: An Historical and Comparative View Elizabeth Adeney 9. A Uniquely Canadian Institution: The Copyright Board of Canada Daniel J. Gervais PART III: OVERLAPPING ISSUES 10. Battleground Between New and Old Orders: Control Conflicts Between Copyright and Personal Data Protection Margaret Ann Wilkinson 11. When Intellectual Property Rights Converge – Tracing the Contours and Mapping the Fault Lines ‘Case by Case’ and ‘Law by Law’ Myra J. Tawfik 12. Surfacing: The Canadian Intellectual Property Identity Ysolde Gendreau Index

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Book SynopsisUsing the example of research tools in biopharmaceutical research and innovation, this book examines the complexities of the relationship between two fundamental areas of law and policy - intellectual property rights and competition law. It addresses a question that is certain to become paramount in other industries also: how to strike the balance between initial and follow-on innovation so as to ensure that access to 'essential' research tools (or other fundamental elements to follow-on innovation) is not impeded. The book concludes by suggesting how competition law could be used to complement the patent balance.Competition Law and Patents caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself.Trade Review'This is an original and well-argued thesis overall, of particular interest to policy makers and academics in both IP and competition law.' -- Ioannis Lianos, World Competition'This is an incredibly interesting book on an increasingly pertinent topic. . . the book is succinctly written and provides a comprehensive overview of EU law. . . providing a really useful analysis of the European cases concerned with the imposition of a duty to deal in relation to intellectual property. . . This book is a thoroughly enjoyable read, and perhaps because of its brevity the author retains her focus on the central issues being examined. I found it to be engaging and thought provoking.' -- Jane Nielsen, Competition and Consumer Law Journal'The book caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself.' -- Journal of Intellectual Property RightsTable of ContentsContents: Preface Part I: The Problem – Access as a Necessary Element of Follow-on Innovation? 1. Biopharmaceutical R&D: The Increased Importance of Cumulative Innovation and Related Concerns Part II: The Patent Balance and Working Solutions in the Patent System 2. The Patent System as a System of Balancing 3. The Patent System and Some Potential Safety Nets 4. The Right to Health as an Interpretive Principle of Patent Law Part III: Antitrust as a Complement to the Patent System 5. Unilateral Conduct, Intellectual Property Rights and Competition Law: A Systems’ Interaction 6. The Duty to Deal under Art. 82 EC Part IV: A More Innovation Sensitive Approach to the Interface of Competition Law and Patents? 7. The Duty to Deal as Applied to Address Technology Access Problems in the Biopharmaceutical Industry Bibliography Index

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Book SynopsisThe depositor run on the Northern Rock bank in September 2007, which led to the bank's subsequent nationalization was the first run on a UK bank for nearly 150 years and was a seminal moment in the unfolding global financial crisis.This book provides a detailed legal analysis of the role played by financial law and regulation during this event, and the impact the episode made on the law. The contributors to the book explore and elaborate upon the legal technique of securitization, and how Northern Rock itself created and employed securitized financial assets. There is also in-depth discussion and analysis of the origin of the problems experienced in the wholesale interbank markets surrounding the Northern Rock crisis. Chapters focus on risk-based financial regulation, depositor protection, and bank rescue and resolution mechanisms in the UK before and after the Northern Rock crisis. State aid implications of the nationalization of Northern Rock, and the future of financial regulation are also considered.This timely new book will appeal to academics, postgraduate and undergraduate students in law and business schools as well as practitioners, regulators and lawmakers.Contributors include: O. Akseli, A. Campbell, F. De Cecco, J. Gray, J. HamiltonContents: Introduction; 1. Securitisation: Was Securitisation the Culprit?; 2. Risk-based Financial Regulation Before and After Northern Rock; 3. Depositor Protection in the UK Before and After the Run on Northern Rock; 4. Bank Rescue Mechanisms in the UK: Before and After Northern Rock; 5. State Aid Implications of the Nationalisation of Northern RockTable of ContentsContents: Introduction Orkun Akseli, Joanna Gray and Andrew Campbell 1. Was Securitisation the Culprit? Explanation of Legal Processes Behind Creation of Mortgage-backed Sub-prime Securities Orkun Akseli 2. Depositor Protection and Co-insurance after Northern Rock: Less a Case of Moral Hazard and More a Case of Consumer Responsibility? Jenny Hamilton 3. Northern Rock, the Financial Crisis and the Special Resolution Regime Andrew Campbell 4. State Aid Law Meets Financial Regulation Francesco De Cecco 5. Financial Regulation Before and After Northern Rock Joanna Gray 6. The Bank that Rocked: Does the Problem Lie in the Global Business Model of Conventional Banking? Abdul Karim Aldohni Index

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Book SynopsisThis collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.Trade Review...a very rich and rewarding collection of 21 high-quality essays... which makes an important contribution to private law scholarship. -- Stephen Watterson * Restitution Law Review *If one is interested in the latest in private law theory in the corrective justice vein, this book is a must ... Rights and Private Law is a powerful anthology about how rights-based thinking is influencing one prevalent strand of private law theory. -- Erik S Knutsen * Canadian Business Law Journal *...this is a stimulating collection of high quality work. -- Sandy Steel * Cambridge Law Journal, Volume 73(2) *Table of Contents1. Rights and Private Law Donal Nolan and Andrew Robertson 2. Rights in Private Law Peter Cane 3. Our Most Fundamental Rights Allan Beever 4. Social Purposes, Fundamental Rights and the Judicial Development of Private Law François du Bois 5. Rights and Other Things Robert Stevens 6. Beyond 'Right' and 'Duty': Lundstedt's Theory of Obligations TT Arvind 7. Of Rights Superstructural, Inchoate and Triangular: The Role of Rights in Blackstone's Commentaries Helge Dedek 8. Rule-Based Rights and Court-Ordered Rights Stephen A Smith 9. Rights and Responsibility in the Law of Torts John CP Goldberg and Benjamin C Zipursky 10. Damages and Rights Andrew Burrows 11. Explaining the Inexplicable? Four Manifestations of Abuse of Rights in English Law JW Neyers 12. Rights and the Basis of Tort Law Nicholas J McBride 13. Is the Role of Tort to Repair Wrongful Losses? Gregory C Keating 14. The Edges of Tort Law's Rights Roderick Bagshaw 15. Rights, Pluralism and the Duty of Care Andrew Robertson 16. 'A Tort Against Land': Private Nuisance as a Property Tort Donal Nolan 17. Private Nuisance Law: A Window on Substantive Justice Richard W Wright 18. Rights and Wrongs: An Introduction to the Wrongful Interference Actions Sarah Green 19. Misfeasance in a Public Office: A Justifiable Anomaly within the Rights-Based Approach? Erika Chamberlain 20. Unjust Enrichment, Rights and Value Ben McFarlane 21. Rights and Value in Rescission: Some Implications for Unjust Enrichment Elise Bant

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Book SynopsisLandmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.Table of Contents1. The Earl of Oxford's Case (1615) David Ibbetson 2. Coke v Fountaine (1676) Mike Macnair 3. Grey v Grey (1677) Jamie Glister 4. Penn v Lord Baltimore (1750) Paul Mitchell 5. Burgess v Wheate (1759) Paul Matthews 6. Morice v Bishop of Durham (1805) Joshua Getzler 7. Tulk v Moxhay (1848) Ben McFarlane 8. Prince Albert v Strange (1849) Lionel Bently 9. Ramsden v Dyson (1866) Nick Piška 10. Bishop of Natal v Gladstone (1866) Charlotte Smith 11. Earl of Aylesford v Morris (1873) Catharine MacMillan 12. Re Hallett's Estate (1879–80) Graham Virgo 13. North-West Transportation Co Ltd v Beatty (1887) Lionel Smith 14. Rochefoucauld v Boustead (1897) Ying Khai Liew 15. Re Earl of Sefton (1898) Chantal Stebbings 16. Nocton v Lord Ashburton (1914) James Edelman 17. Regal (Hastings) Ltd v Gulliver (1942) Richard Nolan 18. National Anti-Vivisection Society v Inland Revenue Commissioners (1948) Jonathan Garton 19. National Provincial Bank Ltd v Ainsworth (1965) Alison Dunn 20. Boardman v Phipps (1967) Michael Bryan 21. Pettitt v Pettitt (1970) and Gissing v Gissing (1971) John Mee 22. Paragon Finance plc v DB Thakerar & Co (a firm) (1999) Christian Daly and Charles Mitchell

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Book SynopsisWhen is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions - WIPO and the WTO - in furthering such harmonization? This book explores these questions from a global welfarist, rationalist perspective. It grounds its analysis in innovation theory and a examination of patent law and prosecution, incorporating the uncertainty of patent law's impact on welfare at a detailed level, dynamic changes, the skewed nature of patent value and the difficulty of textually capturing patent concepts. Using tools from new institutional economics, it explores future design implications for international institutions, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analyses. Academics, students and practitioners interested in international economic law, specifically in respect of patents, innovation and intellectual property, the TRIPs Agreement, the WTO and WIPO will find this book essential. It will also prove insightful for researchers whose primary background is in international relations or international political economy, but are seeking an introduction to the patent and intellectual property field. Contents: Introduction Part I: Welfare-Enhancing Harmonization 1. Domestic Patent Law, Autarchic Analysis 2. The Value of Diversity: Relaxed Autarchy 3. Bases for Harmonization Part II: International Patent Law Institutions 4. History 5. International Patent Cooperation as Collective Action 6. Institutional Analysis: WIPO and the WTO Conclusions and Implications ReferencesTrade Review’In this book, Alex Stack raises and explores critically important questions with respect to this body of experience: When is international patent law cooperation and harmonization welfare-enhancing? What is the role of international institutions - WIPO and the WTO - in furthering such harmonization? Stack explores these questions from a global welfarist, rationalist perspective. Using tools from new institutional economics, he explores design implications for international institutions, focusing on WIPO and the WTO, analyzing grounds for international cooperation as collective action problems and applying historical, political and transaction cost analysis. . . This book provides a subtle, insightful, and original analysis of the evolution of institutional arrangements for the international harmonization of patent laws that will be of immense value to scholars and practitioners involved in international harmonization efforts in intellectual property and cognate areas of commercial law. It will surely quickly become accepted as the seminal reference work in these fields.’ -- - From the foreword by Michael Trebilcock, University of Toronto, CanadaFor the newcomer to intellectual property, this book is a wonderful introduction to global innovation policy debates and the difficulties in identifying optimal patent strategies. For those in the field, the volume provides an engaging examination of the complex interactions among heterogeneous national priorities, demands for an efficient environment for global trade in knowledge-intensive assets, and the capabilities of various international institutions - particularly WIPO and the WTO - to foster the development of, and administer, sound international patent policy.’ -- Rochelle Dreyfuss, New York University, School of LawTable of ContentsContents: Foreword Introduction Part I: Welfare-Enhancing Harmonization 1. Domestic Patent Law: Autarkic Analysis 2. The Value of Diversity: Relaxed Autarky 3. Bases for Harmonization Part II: International Patent Law Institutions 4. History 5. International Patent Cooperation as Collective Action 6. Institutional Analysis: WIPO and the WTO Conclusions and Implications References Index

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Book SynopsisThis insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in-between labor, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policy makers. Contributors include: C. Chwaszcza, H. Collins, K.J. Cseres, A. Dyevre, P. Letto-Vanamo, U. Mattei, H.-W. Micklitz, M.-A. Moreau, E.-U. Petersmann, H. Rosler, W. Sadurski, B. Schuller, R. Sefton-Green, A. Somma, C. Torp, C. WillettTrade Review‘The Many Concepts of Social Justice in European Private Law may be appreciated not only for placing the understanding of national and European concepts and conceptions of social justice in their historical, socio-economic, and cultural contexts. It also, and maybe just as importantly, invites the reader to reflect on his or her own concept(s) and conceptions of justice for European private law.’ -- Chantal Mak, Yearbook of European Law‘Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz’s inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.’ -- Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: PART I: INTRODUCTION – SOCIAL JUSTICE AND ACCESS JUSTICE IN PRIVATE LAW 1. Introduction Hans-W. Micklitz PART II: CORRECTIVE, COMMUTATIVE, PROCEDURAL AND SOCIAL JUSTICE 2. Social Justice and Legal Justice Wojciech Sadurski 3. Can We Make Sense of Commutative Justice? A Comment on Professor Wojciech Sadurski Christine Chwaszcza 4. Commutative, Distributive and Procedural Justice: A Response to Professor Christine Chwaszcza Wojciech Sadurski 5. A Rejoinder Christine Chwaszcza PART III: CONSTITUTIONAL VALUES AND PRIVATE LAW 6. Constitutional Justice and the Perennial Task of ‘Constitutionalizing’ Law and Society through ‘Participatory Justice’ Ernst-Ulrich Petersmann 7. The Constitutionalization of European Private Law as a Path to Social Justice? Hugh Collins 8. The Nile Perch in European Private Law Ugo Mattei PART IV: SOCIO-ECONOMIC DEVELOPMENTS AND SOCIAL JUSTICE 9. At the Roots of European Private Law: Social Justice, Solidarity and Conflict in the Proprietary Order Alessandro Somma 10. Social Justice in the Welfare State from the Perspective of the Comparative History of Institutions Cornelius Torp 11. A Vision of Social Justice in French Private Law: Paternalism and Solidarity Ruth Sefton-Green 12. Meaning(s) of Social Justice in Nordic Countries Pia Letto-Vanamo 13. The Europeanization of Social Justice and the Judiciary: How Will Judges React in the EU Member States? Arthur Dyevre PART V: SOCIAL JUSTICE IN LABOUR, CONSUMPTION AND COMPETITION Labour 14. Labour Relations and the Concept of Social Justice in the European Union Marie-Ange Moreau Consumption 15. The Transformation of Contractual Justice – A Historical and Comparative Account of the Impact of Consumption Hannes Rösler 16. Social Justice in the Office of Fair Trading versus Commutative Justice in the Supreme Court Chris Willett 17. Social Peace via Pragmatic Civil Rights – the Scandinavian Model of Consumer Law Bastian Schüller Competition 18. Towards a European Model of Economic Justice: The Role of Competition Law K.J. Cseres Index

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Book SynopsisIn this accessible yet rigorous textbook, Patrick McNutt presents a clear and refreshing approach to a wide range of topics in law, economics and antitrust. The issues covered include duty and obligation, contracting, liability, property rights, efficient entry, compensation, oligopoly pricing, issues in strategic antitrust and merger analysis. Using a selection of case studies where appropriate, and examples based in game theory, the book examines these issues from both a law and economics and a microeconomics perspective. Emphasis is placed on a thorough assessment of the economic and legal arguments, blending the rigours of microeconomic analysis with common law standards. The analysis contained in the book will not only review, and indeed adapt neoclassical economic analysis but will also apply some of the methodology from the relatively new paradigm known as 'law and economics' to many of the issues. The book also addresses the increasing overlap between emerging approaches in public choice and in law and economics.Practitioners in competition law and regulation of utilities will draw great value from this original and pertinent volume, as will scholars in the areas of regulation, competition law, competition policy and law and economics.Trade Review'. . . those who are dealing with antitrust issues the book is very useful and if somebody has already acquired the basic economic principles underlying antitrust regimes, one should read [this] book. . .' -- Pal Bela Szilagyi and Dorina Juhasz, Erasmus Law and Economics Review'The book is quite often an interesting read and provokes plenty of unexpected thoughts. . . Scholars familiar with the public choice literature and American antitrust law could benefit from the stimulating questions McNutt raises throughout and for the wealth of examples from European competition law.' -- Scott E. Graves, The Law and Politics Book Review'Patrick McNutt's book is a brilliant expose of the interaction between law, economics and antitrust. The author, an economist and distinguished regulator, handles both the legal and economic material deftly. It is provocative particularly when dealing with issues such as the efficiency of competition and the effectiveness of antitrust rules. His case-studies are particularly compelling. The book is written with huge flair and great learning. It combines theoretical and practical considerations. The comparative coverage is excellent. A 'must-read' for all interested in law and economics. Antitrust specialists will discover many novel and valid insights.' -- David O'Keeffe, University College London, UK and College of Europe, Bruges, Belgium'This book continually stimulates the reader to think about the issues in non-standard and illuminating ways, following new and significant directions. Yet the discussion always is authoritatively grounded in the author's extensive knowledge of the pertinent law and the relevant economic analysis.' -- William J. Baumol, New York University, US and Princeton University, US'Professor McNutt provides a refreshing and different perspective on the important fundamental issues underlying competition law and policy.' -- Barry E. Hawk, Skadden, Arps, Slate, Meagher & Flom LLP, USTable of ContentsContents: Preface 1. Law, Economics and Antitrust 2. Ownership and Property Rights 3. The Law and Economic of Contracting 4. Liability and Law’s Indeterminacy 5. Liberties, Essential Facilities and Workable Competition 6. Non-negativity and Obligation 7. Regulatory Signalling, Labelling and Credible Threats 8. Competitive Harm and Public Policy 9. Non-market Economics 10. The Reach of the Law 11. Types of Competition: Scramble, Combat and Contest 12. The Value of Competition Law Postscript: Recent Developments in Competition Law and Related Issues Bibliography Index

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Book SynopsisDie Existenz nichtehelicher Lebensgemeinschaften in verschiedensten Formen in den westlichen Ländern ist ein unumstößliches Faktum. Mangels umfassender gesetzlicher Rahmenbedingungen besteht für diese Lebensgemeinschaften jedoch eine Fülle von Rechtsproblemen, so etwa bei der Auflösung der Lebensgemeinschaft durch Trennung oder Tod und bei nichtehelichen Kindern. Angesichts dieser Tatsachen darf sich der Gesetzgeber nicht länger der Lösung dieser Rechtsprobleme verschließen. Kernfrage hierbei bleibt, wie weit Regelungen greifen sollen, insbesondere in Hinblick darauf, dass eine Vielzahl der Menschen in nichtehelichen Lebensgemeinschaften sich gerade bewusst gegen eine enge Rechtsbeziehung entschieden hat. Eine mögliche künftige Regelung steht daher ganz zwischen zwei Polen: Dem Schutzbedürfnis der schwächeren Partei und der Kinder einerseits und der Privatautonomie andererseits. Zahlreiche Länder verfügen über sehr unterschiedliche Gesetze zu nichtehelichen Lebensgemeinschaften. Vor dem Hintergrund der langsamen, aber stetigen Heranbildung erster Strukturen eines "europäischen Familienrechts" können rechtsvergleichende Erfahrungen helfen, ein Modell für Deutschland zu entwickeln.

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Book SynopsisDer trust ist eine besondere Rechtsfigur des anglo-amerikanischen Rechtskreises (common law), die keine echte Entsprechung im kontinental-europäischen civil law hat. Bisherige Rezeptionsversuche sind stets erheblichen Schwierigkeiten begegnet. Der Gesetzgeber von Québec hat mit der neuen fiducie einen besonders originellen Ansatz zur Einführung einer trust-ähnlichen Rechtsfigur gewählt. Rainer Becker untersucht die fiducie in einer Gegenüberstellung mit anderen Treuhandmodellen, die er aus traditionellen und modernen Rechtsinstituten in civil law- und Mischrechtsordnungen ableitet. Die Besonderheit des neuartigen Ansatzes von Québec liegt darin, dass das Treugut nicht einer der beteiligten Personen (Treuhänder, Treugeber und Begünstigter) zugeordnet ist, sondern eine rechtsträgerlose zweckgewidmete Vermögensmasse, ein patrimoine d'affectation bildet. Im Anschluss an eine Darstellung der fiducie von Québec untersucht der Autor dogmatische Bedenken gegen subjektlose Rechte und Vermögen. Er zeigt, dass sich von den untersuchten Treuhandmodellen mehrere als konstruktive Grundlage eignen, um die funktionalen Qualitäten des trust im civil law erfolgreich nachzuempfinden. Der neuartige Ansatz der fiducie von Québec ist davon, trotz seiner Ungewöhnlichkeit und des erforderlichen Anpassungsaufwands, ein besonders interessantes Modell, das durch ein im civil law bislang einzigartiges umfassendes Regelwerk ergänzt wird. Der Autor widerlegt mit seiner Arbeit auch jene, die den trust gern als Anschauungsbeispiel für eine "untranslatability of legal concepts" und eine unüberbrückbare Kluft zwischen common law und civil law heranziehen.

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Book SynopsisInge Kroppenberg nimmt die gestiegene Bedeutung der Testierfreiheit in der "Erbengesellschaft" zum Anlass, die dogmatischen Konturen der Gestaltungsbefugnis von Todes wegen herauszuarbeiten. Ihre Untersuchung trägt in dreierlei Hinsicht zu einem neuen Verständnis bei: erstens, indem sie die Testierfreiheit als zivilrechtliches Prinzip vor einer zu stark verfassungsrechtlich geprägten Anschauung in Schutz nimmt. Die Gestaltungsbefugnis von Todes wegen wird in der verfassungsgerichtlichen Rechtsprechung als Verfügungsbefugnis über den Tod hinaus beschrieben. Damit erscheint sie als Fortsetzung des Rechts der Lebenden mit anderen rechtsgeschäftlichen Mitteln und wird zudem mit der Vorstellung eines "Leistungseigentums" verknüpft. Es zeigt sich des Weiteren, dass an die Gestaltungsbefugnis von Todes wegen Strukturmerkmale heran getragen werden, die aus dem Recht der Lebenden stammen, im Erbrecht aber Fremdkörper sind. Das gilt zum einen für den erbrechtlichen Typenzwang, der in Anlehnung an den sachenrechtlichen konzipiert wird. Es gilt aber vor allem für die Anleihen, die beim lebzeitigen Vertragsparadigma gemacht werden und die diachrone Struktur des erbrechtlichen Rechtsgeschäfts außer Acht lassen.Drittens ist es der Autorin um ein genuin rechtsgeschäftliches Verständnis der Testierfreiheit zu tun. Das klingt selbstverständlich, ist es aber nicht. So behaupten familienerbrechtliche Deutungen der Gestaltungsbefugnis von Todes wegen einen Leitbildcharakter der gesetzlichen für die rechtsgeschäftliche Erbfolge. Ihre Interpretation als besonderes Persönlichkeitsrecht des Erblassers zur Todesverarbeitung verengt schließlich den privatrechtlichen Freiheitsraum von Todes wegen inhaltlich auf eine Reflexion über Mortalität.

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Book SynopsisDas heute praktizierte Zivilrecht hat sich vom Text des BGB bisweilen weit entfernt. Es wurde auf der Grundlage und im Rahmen des BGB entwickelt, steht gleichzeitig aber auch in einem darüber hinausreichenden Traditionszusammenhang. Es ist ein zentrales Anliegen des hier vorgelegten Kommentars, diesen Zusammenhang sichtbar zu machen. Das erscheint besonders wichtig in einer Zeit, in der sich die Konturen einer europäischen Privatrechtsordnung abzuzeichnen beginnen. Auch diese neue europäische Privatrechtsordnung kann und muss auf historischen Grundlagen aufbauen. Zu diesen Grundlagen gehören heute vor allem die nationalen Kodifikationen und die sich darum herumrankende Rechtsprechung und Rechtswissenschaft.Diese nationalen Rechtsstrukturen müssen sich freilich ihrerseits kritisch auf ihre Voraussetzungen hin befragen lassen. Wie sind diese Strukturen entstanden? Von welchen Vorstellungen sind sie geprägt? Wie haben sie sich im Laufe der Zeit bewährt oder verändert? Welche Erfahrungen haben wir in Deutschland mit ihnen gemacht? Worin liegen die Gemeinsamkeiten und Unterschiede der Problemfelder und Problemlösungen vor dem BGB, im BGB und seit dem BGB? Von welchen ökonomischen, kulturellen und sozialen Faktoren sind sie geprägt worden? Wie bewährt sich unser Privatrecht vor den neuen Herausforderungen Europas? Je besser wir derartige Fragen beantworten können, desto mehr Gehör werden wir in der beginnenden europäischen Grundlagendiskussion finden. Band I zum Allgemeinen Teil des BGB ist im Jahre 2003 erschienen; der vorliegende Doppelband erfasst den Allgemeinen Teil des Schuldrechts.

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Book SynopsisBirke Häcker explores the English and German law on impaired consent transfers of movable property and their reversal in comparative perspective, paying particular attention to the interaction - within each legal system - between the rules and principles of contract law, property law, and the law of unjust(ified) enrichment. In two-party situations, the author focuses on the relationship between contract and conveyance and the closely related question of the transferor's position in the event of the transferee's insolvency. While German law resolves these issues by reference to the well-established principles of separation and abstraction, the relevant English law is still unsettled. The author argues for a generalized power model of so-called 'proprietary restitution' and seeks to demonstrate that conveyances by delivery are best regarded as abstract in English as well as in German law, but explains why English law nevertheless lacks the gist of abstraction à la BGB. Building on this analysis, the author then goes on to examine three-party situations. She looks first at the position of third parties who have acquired the object in question before the transferor has had a chance to reclaim it (raising issues of bona fide purchase and 'leapfrogging') and thereafter at the extent to which the transferor can assert rights to the object's traceable substitutes. As far as English law is concerned, the author shows that the supposed 'third party rights bar to rescission' is not only unnecessary, but misconceived, and that it ought to be abolished.

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