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1
Jones, Alison, and Brenda Sufrin. EU Competition Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.001.0001.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.EU Competition Law: Text, Cases, and Materialsprovides a complete guide to European competition law in a single authoritative volume, pairing extract material with clear and in-depth author commentary. Carefully selected extracts from key cases, academic articles, and statutory materials are accompanied by in-depth commentary and critique from two experienced academics in the field. Thorough footnoting and referencing give a tour of the available literature, making this an ideal text for undergraduate and postgraduate students, as well as competition law scholars engaged in specialized study. This fifth edition has been fully updated with: detailed coverage and commentary on judgments, decisions, regulations and other measures published by competition law authorities including the Court of Justice, the European Court of Human Rights, the European Commission, and various national courts; coverage of key Article 101 cases includingExpedia,T-Mobile,Pierre Fabre,Allianz Hungária Biztosító Zrt, andGenerali-Providencia Biztosító Zrt v. Gazdasági Versenyhivatal; Article 102 cases, includingTeliaSonera,Deutsche Telekom,Telefónica,Tomra,Post Danmark, andAstraZeneca; and thorough discussion of ongoing developments in competition law, including the Commission's aggressive enforcement policy against cartels, the review of merger processes and regulations, the compatibility of EU competition procedures with human rights provisions, and the increased number of Article 267 references from national courts.
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Bianchi, Federico, Sébastien Brisard, Guglielmo Cantillo, et al. Legal Maxims: Summaries and Extracts from Selected Case Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190923846.003.0026.
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J. N. v. Staatssecretaris van Veiligheid en Justitie, Case C-601/15 PPU, Grand Chamber, Judgment, 15 February 2016Vestische Arbeit Jobcenter Kreis Recklinghausen v. Jovanna García-Nieto, Joel Peña Cuevas, Jovanlis Peña García, Joel Luis Peña Cruz, Case C-299/14, First Chamber, Judgment, 25 February 2016Kreis Warendorf and Amira Osso v. Region Hannover and Ibrahim Alo...
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Jones, Alison, and Brenda Sufrin. 3. Article 101 TFEU. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0003.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the text of Article 101; the scheme of Article 101; the interpretation and application of Article 101(1); Article 101(2); and exclusions.
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Jones, Alison, and Brenda Sufrin. 4. The Relationship Between Article 101(1) and Article 101(3) TFEU. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0004.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the relationship between Article 101(1) and Article 101(3). It focuses on the substantive question of which agreements restrict competition and/or meet the Article 101(3) criteria.
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Jones, Alison, and Brenda Sufrin. 15. Mergers. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0015.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the following: the purposes of merger control; the history of the European merger control regulation; the scheme of the European merger control regulation; jurisdiction; procedure; substantive appraisal of concentrations under the European Union Merger Regulation (EUMR); EUMR statistics; appeals; and international issues.
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 3. Registration. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0003.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter consists of an introduction to one of the core parts of modern land law: land registration. It examines some of the key aims of the Land Registration Act 2002, and considers in particular the means by which the Act protects registered parties.
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Harris-Short, Sonia, Joanna Miles, and Rob George. 7. Property and Finances when Relationships End. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780199664184.003.0007.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on financial remedies for the benefit of the adults. It discusses remedies on divorce; the principles governing the grant of financial relief; exercising the statutory discretion; the clean-break principle; private ordering; and remedies on other types of family relationship breakdown.
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Bouchaud, Jean-Philippe. Random matrix theory and (big) data analysis. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198797319.003.0006.
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This chapter reviews methods from random matrix theory to extract information about a large signal matrix C (for example, a correlation matrix arising in big data problems), from its noisy observation matrix M. The chapter shows that the replica method can be used to obtain both the spectral density and the overlaps between noise-corrupted eigenvectors and the true ones, for both additive and multiplicative noise. This allows one to construct optimal rotationally invariant estimators of C based on the observation of M alone. This chapter also discusses the case of rectangular correlation matrices and the problem of random singular value decomposition.
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Jones, Alison, and Brenda Sufrin. 10. Horizontal Cooperation Agreements. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0010.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses EU competition policy towards horizontal cooperation agreements. It covers joint ventures; the contents of the 2010 Guidelines; the general approach to horizontal cooperation agreements in the Guidelines; information agreements; research and development agreements; production agreements; purchasing agreements; commercialisation agreements; standardisation agreements; and agreements in particular sectors.
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Jackson, Emily. Medical Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198825845.001.0001.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. Medical Law: Text, Cases, and Materials offers exactly what the title says—all of the explanation, commentary, and extracts from cases and key materials that students need to gain a thorough understanding of this complex topic. Key case extracts provide the legal context, facts, and background; extracts from materials, including from the most groundbreaking writers of today, provide differing ethical perspectives and outline current debates; and the author’s insightful commentary ensures that readers understand the facts of the cases and can navigate the ethical landscape to form their own understanding of medical law. Chapters cover all of the topics commonly found on medical law courses, including a separate chapter on mental health law. This new edition, thoroughly updated, includes: coverage of important new cases in all chapters, including Bawa-Garba v General Medical Council; Great Ormond Street Hospital for Children NHS Foundation Trust v Yates; Alder Hey Children's NHS Foundation Trust v Evans; Re (Northern Ireland Human Rights Commission's Application for Judicial Review); An NHS Trust v Y, and R (on the application of Conway) v Secretary of State for Justice; coverage of the new General Data Protection Regulation and the Independent Review of the Mental Health Act 1983.
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Jones, Alison, and Brenda Sufrin. 16. International Aspects. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0016.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter first examines the question of competition law and extraterritoriality, particularly in relation to the EU and the USA. It then looks at the ‘internationalization’ of competition law and the efforts to deal with competition issues on a global perspective to match the global operations of undertakings on world markets.
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Jones, Alison, and Brenda Sufrin. 1. Introduction to Competition Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0001.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This introductory chapter discusses the following: the objectives of competition law; US law; schools of competition analysis and theories and concepts relevant to competition law; ordoliberalism and its implications for competition policy; EU competition law; competition law and the international context; the techniques and tools of competition law; and market power, market definition, and barriers to entry.
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Jones, Alison, and Brenda Sufrin. 6. Article 102 TFEU. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0006.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Article 102 only applies to undertakings in a dominant position. Thus, whether or not an undertaking holds a ‘dominant position’ is of central importance to Article 102. This chapter discusses the following: the definition of a dominant position; the definition of a dominant position in the case law; establishing dominance; market definition in Article 102 cases; and assessing market power.
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Harris-Short, Sonia, Joanna Miles, and Rob George. 3. Family Property and Finances. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780199664184.003.0003.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter first considers the current housing and employment status of different families and family members. It then discusses different family property systems; ascertaining ownership of land and other property, with particular reference to trusts in relation to the family home; family property law reform; rights in relation to the family home and its contents; and family finances.
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Fisher, Elizabeth, Bettina Lange, and Eloise Scotford. Environmental Law. 2nd ed. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198811077.001.0001.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Environmental Law: Text, Cases & Materials provides students with a deep understanding of environmental law while also encouraging critical reflection of legal reasoning and pointing out areas of controversy and debate. The authors present a wide range of extracts from UK, EU, and international cases, legislation, and articles to help support learning and demonstrate both how the law works in practice and how it should or could work, clearly guiding students through key areas while providing insightful explanations and analysis. Topics have been carefully selected to support a wide range of environmental law courses, within law school and beyond. These include pollution control, nature conservation, climate change regulation, town planning, and water regulation, all incorporating aspects of law from local, UK, EU and international legal cultures. With its unique combination of extracts and author discussion, this new edition provides a wide-ranging, stimulating, and fresh approach to environmental law, which can be relied upon throughout your course and career. This book is also accompanied by an Online Resource Centre that features updates to the law, further reading suggestions, and useful weblinks.
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Steele, Jenny. Tort Law. 5th ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780198853916.001.0001.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Tort Law: Text, Cases, and Materials combines incisive commentary with carefully selected extracts from primary and secondary materials to provide a balance of support and encouragement. This volume starts by introducing the fundamental principles of the subject before moving on to discuss more challenging issues, hoping to encourage a full understanding of the subject and an appreciation of the more complex debates surrounding the law of tort. The text starts by providing an overview. Various torts are then arranged along a spectrum from intentional torts, through negligence, to stricter liabilities. Also considered are issues relating to damages, compensation, limitation, and vicarious liability. After introducing intentional torts, the book looks at the tort of negligence. Chapters also cover nuisance and duties relating to land and defamation and privacy. Finally, stricter liabilities are examined such as product liability.
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Steele, Jenny. Tort Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198768807.001.0001.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Tort Law: Text, Cases, and Materials combines incisive commentary with carefully selected extracts from primary and secondary materials to provide a balance of support and encouragement. This volume starts by introducing the fundamental principles of the subject before moving on to discuss more challenging issues, hoping to encourage a full understanding of the subject and an appreciation of the more complex debates surrounding the law of tort. The text starts by providing an overview. Various torts are then arranged along a spectrum from intentional torts, through negligence, to stricter liabilities. Also considered are issues relating to damages, compensation, limitation, and vicarious liability. After introducing intentional torts, the book looks at the tort of negligence. Chapters also cover nuisance and duties relating to land and defamation and privacy. Finally, stricter liabilities are examined such as product liability.
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Jones, Alison, and Brenda Sufrin. 8. Competition, The State, and Public Undertakings. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0008.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines how competition law applies to the actions of the State when it intervenes in the market through undertakings that it controls or owns or which it places in a privileged position. The discussions include the limits of competition law; Article 4 TEU; Article 106; the direct effect of Article 106(1) and (2); Article 106(3); and services of general economic interest and state aid.
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 12. The priority triangle. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0012.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter addresses the question of when C can have a defence to B's pre-existing property right. It covers the basic principles that apply when answering the priority question. It examines how a court determines which of two competing property rights arose first. It also examines exceptions to the basic rule that B's property right, where it arises before C's property right, will take priority.
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Harris-Short, Sonia, Joanna Miles, and Rob George. 1. Introduction to Family Law. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780199664184.003.0001.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with an overview of families and family law in England and Wales today. It then discusses themes and issues in contemporary family law, covering rules versus discretion; women’s and men’s perspectives on family law; sex and gender identity; sexual orientation; cultural diversity; and state intervention versus private ordering, including the role of the family court and of non-court dispute resolution in family cases.
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Harris-Short, Sonia, Joanna Miles, and Rob George. 5. Ending Relationships:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780199664184.003.0005.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the law on divorce and separation. It covers divorces in England and Wales; the nature, function, and limits of divorce law; a brief history of divorce law to 1969; the present law of divorce and judicial separation; evaluation of the current law; options for reform of divorce law and the process of divorce; and the future of English divorce law.
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Harris-Short, Sonia, Joanna Miles, and Rob George. 6. Financial Provision for Children. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780199664184.003.0006.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which discusses financial support for children who live apart from one or both parents, whether in a single-parent family, step-family, or with other carers, begins with a brief history of financial provision for children. It then discusses the current law on child support; court-based provision; ‘family-based arrangements’ and other private ordering; and policy questions relating to the financial support of children.
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Jackson, Emily. Medical Law. 6th ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192843456.001.0001.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. Medical Law: Text, Cases, and Materials offers exactly what the title says—all of the explanation, commentary, and extracts from cases and key materials that students need to gain a thorough understanding of this complex topic. Key case extracts provide the legal context, facts, and background; extracts from materials, including from the most groundbreaking writers of today, provide differing ethical perspectives and outline current debates; and the author’s insightful commentary ensures that readers understand the facts of the cases and can navigate the ethical landscape to form their own understanding of medical law. Chapters cover all of the topics commonly found on medical law courses, including a separate chapter on mental health law. This new edition, thoroughly updated, includes: coverage of important new cases in all chapters; the COVID-19 pandemic and its implications; the government’s White Paper on reform of the Mental Health Act; changes to the regulation of clinical trials and medicines in the UK as a result of Brexit; the change in the law on organ donation, which brought in an opt-out system in 2020; expanded coverage of data sharing and mobile technologies; changes to the law on abortion in Northern Ireland and the Republic of Ireland; proposals set out in the Law Commissions’ consultation on reform of the law on surrogacy; and the most recent Assisted Dying Bill in England.
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Jones, Alison, and Brenda Sufrin. 5. Introduction to Article 102 TFEU. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0005.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Article 102 TFEU deals with the unilateral conduct of undertakings with substantial market power and prohibits one or more undertakings which hold a dominant position in the internal market or a substantial part of it abusing that position insofar as it may affect inter-Member State trade. This chapter discusses the text of Article 102; the scheme of Article 102; the interpretation and application of Article 102; and the relationship between Article 102 and Article 101.
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 2. What is land? Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0002.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores in detail the legal meaning of land and the nature of its protection. It considers usefulness of the cujus est solum, ejus est usque ad coelum et ad infernos brocard to proving the reach of a land owner's rights above and below the surface of the land. It also considers how the courts decide on whether particular objects count as part of land, or instead as independent chattels.
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Harris-Short, Sonia, Joanna Miles, and Rob George. 9. Becoming a Legal Parent and the Consequences of Legal Parenthood. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780199664184.003.0009.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines how the status of ‘legal parenthood’ is acquired under English law. It considers different concepts of parenthood and possible approaches to determining legal parenthood; the current legal framework for identifying a child's legal parents where a child is conceived through natural procreation; the problems and challenges raised by the use of assisted reproduction techniques and surrogacy; and adoption, a unique means of acquiring the legal status of parenthood under English law.
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Harris-Short, Sonia, Joanna Miles, and Rob George. 10. Parental Responsibility. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780199664184.003.0010.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the concept of parental responsibility and its legal significance; the various legislative provisions dealing with who automatically holds parental responsibility, as well as how, and by whom, it may be acquired; the exercise of parental responsibility and the various restrictions that may be imposed on the decision-making authority of those who hold it; and the rights and responsibilities of those adults who care for a child but do not have parental responsibility.
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Jones, Alison, and Brenda Sufrin. 7. Article 102 TFEU. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0007.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the following: the meaning of ‘abuse’ in Article 102; types of conduct that may constitute an abuse; dominance and abuse in different markets; general issues in respect of abuses concerning prices; predatory pricing; margin squeeze; exclusive purchasing (single branding) contracts, and discount and rebate schemes; tying and bundling; refusal to supply; other exclusionary practices; discrimination contrary to Article 102(c); exploitative abuses; refusal to supply, export bans and other conduct hindering inter-member state trade; and abuse and collective dominance.
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Jones, Alison, and Brenda Sufrin. 11. Vertical Agreements. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0011.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which discusses EU competition policy towards vertical agreements, begins by outlining the choices available to a supplier when deciding how best to market and sell its products or services to customers, and the impact that the competition rules may have on a supplier's choice. It then discusses the EU approach to vertical restraints; the application of Article 101(1) and Article 101(3) to vertical agreements; sub-contracting agreements; and the possible application of Article 102 to distribution agreements.
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Jones, Alison, and Brenda Sufrin. 13. Public Enforcement by the Commission and the National Competition Authorities of the Antitrust Provisions. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0013.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the following: the change in the enforcement regime for EU antitrust rules on 1 May 2004; the system under Regulation 17 that applied before then; the reasons for, and salient features of, the ‘modernisation’ in Regulation 1/2003; the powers of the Commission; the role of EU Courts; enforcement by national competition authorities and the relationship between EU and national law; the possibility of sanctions against individuals; and the position of those who make complaints about alleged infringements of the competition rules.
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Craig, Paul, and Gráinne de Búrca. 2. The Institutions. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0002.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. There are seven principal institutions listed in Article 13 of the Treaty on European Union entrusted with carrying out the tasks of the Union: the European Parliament, the European Council, the Council, the Commission, the Court of Justice of the European Union, the European Central Bank, and the Court of Auditors. This chapter considers their respective roles and the way in which they interrelate, and also looks at other important institutions such as the Economic and Social Committee, the Committee of the Regions, and agencies.
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Craig, Paul, and Gráinne de Búrca. 15. Review of Legality:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0015.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses the grounds for judicial review of a Union act. Article 263 of the Treaty on the Functioning of the European Union (TFEU) specifies four grounds for review: lack of competence; infringement of an essential procedural requirement; infringement of the Treaty or any rule of law relating to its application; and misuse of power. Judicial review, whether direct through Article 263 or indirect through Article 267, is designed to ensure that decision-making is legally accountable.
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Aplin, Tanya, and Jennifer Davis. Intellectual Property Law. 4th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198842873.001.0001.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Intellectual Property Law: Text, Cases, and Materials provides a complete resource for undergraduate and postgraduate students of intellectual property (IP) law. The only text of its kind in the field, it combines extracts from major cases and secondary materials with critical commentary from experienced teachers in the field. The book deals with all areas of IP law in the UK: copyright, trade marks and passing off, personality and publicity rights, character merchandising, confidential information and privacy, industrial designs and patents. It also tackles topical areas, such as the application of IP law to new technologies, such as artificial intelligence, and the impact of the internet on trade marks, copyright, and privacy. While the focus of the book is on IP law in a domestic context, it provides international, EU, and comparative law perspectives on major issues, and also addresses the wider policy implications of legislative and judicial developments in the area. The book is an ideal resource for all students of IP law who need cases, materials, and commentary in a single volume.
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Craig, Paul, and Gráinne de Búrca. 3. Competence. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0003.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The existence and scope of EU competence are outlined in the Lisbon Treaty: the EU may have exclusive competence, shared competence, or competence only to take supporting, coordinating, or supplementary action. This chapter examines these three principal categories of EU competence, and their implications for the divide between EU and Member State power. It also considers certain areas of EU competence that do not fall within these categories, and the extent to which the new regime clarifies the scope of EU competence and contains EU power.
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Craig, Paul, and Gráinne de Búrca. 10. EU International Relations Law. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0010.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses EU law on international relations. The area of external relations has become increasingly important in recent years, as the EU strives to enhance its global presence on issues such as trade, climate change, development, human rights, and international terrorism. Some of the crucial issues for the conduct of EU international relations are effective coordination across policy fields, coordination between the EU and the Member States, and coordination at the level of international representation. Consistency across and between policies has become a constitutional requirement of EU external relations.
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Craig, Paul, and Gráinne de Búrca. 17. The Single Market. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0017.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The single market is central to the EU and is still its principal economic rationale. This chapter discusses the forms and techniques of economic integration, the limits of integration prior to 1986, and the subsequent steps taken to complete the single market. There is both a substantive and an institutional dimension to this story. In substantive terms, it is important to understand the economic dimension to the single market. In institutional terms, a subtle mix of legislative, administrative, and judicial initiatives has furthered evolution of the single market.
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Craig, Paul, and Gráinne de Búrca. 18. Free Movement of Goods:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0018.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with Member State action that creates barriers to trade. The most obvious form of protectionism occurs through customs duties or charges that have an equivalent effect, with the object of rendering foreign goods more expensive than their domestic counterparts. This is addressed by Articles 28-30 of the Treaty on the Functioning of the European Union (TFEU). A state may also attempt to benefit domestic goods by taxes that discriminate against imports, which is covered by Articles 110-113 TFEU. These issues are considered within the chapter.
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Craig, Paul, and Gráinne de Búrca. 20. Free Movement of Capital and Economic and Monetary Union. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0020.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, focuses on the free movement of capital and economic and monetary union (EMU). It first considers the movement of capital, one of the four freedoms enshrined in the original Rome Treaty. It then discusses EMU and analyzes the movement towards EMU, and the Treaty provisions that set the legal framework for EMU. The chapter considers arguments for and against EMU and the position of the European Central Bank, concluding with an overview of the stresses and strains of EMU in the light of the banking and financial crisis.
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Harris-Short, Sonia, Joanna Miles, and Rob George. 2. Family Relationships between Adults. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780199664184.003.0002.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter first considers demographic data on family relationships in England and Wales, and then examines the treatment of ‘trans’ people in this area of family law; and the history of legal recognition of intimate relationships between parties of the same gender. This is then followed by discussions of status-based relationships (marriage and civil partnership); creating a valid marriage or civil partnership; grounds on which a marriage or civil partnership is void; grounds on which a marriage or civil partnership is voidable; and non-formalized relationships (cohabitants and other ‘family’).
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Harris-Short, Sonia, Joanna Miles, and Rob George. 11. Private Disputes over Children. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780199664184.003.0011.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter, which examines the current legal framework for resolving private law disputes over children, first considers procedural issues germane to all private law disputes, including the extent to which children are able to participate in these proceedings. It then turns to the three main private law orders available under the Children Act 1989—child arrangements orders, specific issue orders, and prohibited steps orders—and recent initiatives to try and improve the way in which disputes about children’s upbringing are handled, including detailed discussion of relocation disputes.
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Aplin, Tanya, and Jennifer Davis. Intellectual Property Law:. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198743545.001.0001.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Intellectual Property Law: Text, Cases, and Materials provides a complete resource for undergraduate and postgraduate students of intellectual property (IP) law. The first text of its kind in the field, it combines extracts from major cases and secondary materials with critical commentary from experienced teachers in the field. The book deals with all areas of IP law in the UK: copyright, trade marks and passing off, personality and publicity rights, character merchandising, confidential information and privacy, industrial designs, patent, procedure, and enforcement. It also tackles topical areas, such as the application of IP law to new technologies and the impact of the internet on trade marks and copyright. All chapters now include relevant legal developments relating to the internet and digital technologies. While the focus of the book is on IP law in a domestic context, it provides international, EU, and comparative law perspectives on major issues, and also addresses the wider policy implications of legislative and judicial developments in the area. The book is an ideal resource for all students of IP law who need cases, materials, and commentary in a single volume.
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Craig, Paul, and Gráinne de Búrca. 1. The Development of European Integration. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0001.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter begins with analysis of the background to European integration. The focus then shifts to analysis of the Treaties and the principal Treaty revisions from the inception of the European Economic Community (EEC) to the present day. The EEC Treaty is examined, followed by the Single European Act, and the Maastricht, Amsterdam, and Nice Treaties. The discussion continues with examination of the failed Constitutional Treaty and the successful ratification of the Lisbon Treaty. The chapter concludes with analysis of the impact of the financial crisis, followed by an overview of theories European integration offered to explain its evolution.
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Craig, Paul, and Gráinne de Búrca. 27. Competition Law:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0027.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on another principal provision concerned with competition policy: Article 102 TFEU. The essence of Article 102 is the control of market power, whether by a single firm or, subject to certain conditions, a number of firms. Monopoly power can lead to higher prices and lower output than would prevail under more normal competitive conditions, and this is the core rationale for legal regulation in this area. Article 102 does not, however, prohibit market power per se. It proscribes the abuse of market power. Firms are encouraged to compete, with the most efficient players being successful.
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Craig, Paul, and Gráinne de Búrca. 29. The State and the Common Market. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0029.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the way in which the actions of the state can infringe the Treaty. The Treaty contains a number of relevant provisions, including Article 4(3) TEU, and Articles 14, 34, 101, 102, 106, and 107-109 TFEU. While there are valid reasons for EU controls, the topics discussed raise important issues concerning the very nature of the EU. Thus, the jurisprudence under Article 106 has prompted questions about how far it is possible for a state to entrust certain activities to a public monopoly, or to a private firm that has exclusive rights.
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 4. Human rights and land. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0004.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the mechanics of how the Human Rights Act 1998 (HRA 1998) brings human rights home. It then explores Art 1 of the First Protocol (protection of possessions) and Art 8 (respect for the home). Art 14 (protection from discrimination) and Art 6 (right to a fair trial) are also outlined. Whilst compliance with Art 1 of the First Protocol has required little change in domestic law, a recent string of cases concerning compliance with Art 8 and repossession of the home has demonstrated a that a new approach is necessary to comply with human rights norms.
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 6. Equitable interests. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0006.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the content of equitable interests in land, and considers how such rights differ from each of personal rights and legal estates and interests. Equitable interests in land are capable of being asserted against third parties. They have a power lacking in personal rights. The content and acquisition questions are answered differently depending on whether B claims a legal or equitable property right. It is noted that equitable interest in land depends on A's coming under a duty to B. Moreover, as observed, equitable property rights are conceptually different from legal property rights.
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 23. Regulating leases and protecting occupiers. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0023.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter reviews the statutory protection potentially available to B if he or she has a lease. It is shown that, in some cases, B can be seen as having a lease (at least, in the sense used by a particular statute) even if B has no property right. A lease can give B status: the status of a party qualifying for statutory protection. As the Law Commission has noted, however, it is questionable whether the availability of such protection should continue to turn on whether B has a lease rather than a licence.
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 27. Flat ownership:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0027.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter addresses the more far-reaching issues of ensuring the effective and efficient management of flats. Flat ownership is obtained by granting the flat owner a long lease of his or her flat, with the freehold reversion being held either by an independent landlord or by a company owned collectively by the flat owners. The Commonhold and Leasehold Reform Act 2002 has introduced commonhold to offer a new framework for flat ownership but in many cases it holds few advantages over the long lease where the reversion is collectively owned by the flat lessees thorugh a corporate vehicle.
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Harris-Short, Sonia, Joanna Miles, and Rob George. 4. Domestic Violence. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780199664184.003.0004.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses what the law can do directly to punish and rehabilitate perpetrators of domestic violence and to protect victims. The chapter sets out the latest empirical data regarding domestic abuse and considers various theories regarding domestic violence. The chapter addresses the requirements of human rights law in this area; the criminal justice system and domestic violence; the civil law and domestic violence; the Family Law Act (FLA) 1996, Part IV; enforcement of orders under the FLA 1996; third party action on behalf of victims, including the Crime and Security Act 2010; and integrating criminal, civil, and family proceedings.
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Harris-Short, Sonia, Joanna Miles, and Rob George. 12. Child Protection. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780199664184.003.0012.
Full textAbstract:
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the law on state intervention into family life where a child is considered to be ‘in need’ or at risk of significant harm. It discusses the competing approaches to state intervention and the principles underpinning the Children Act (CA) 1989; the legal framework governing local authority support for children in need under Part III of the CA 1989; the law and procedure regulating compulsory intervention into family life by means of care proceedings under Part IV; and the various emergency and interim measures available to protect a child thought to be at risk of immediate harm.