The economic torts for too long have been under-theorized and under-explored by academics and the judiciary alike. In recent years claimants have exploited the resulting chaos by attempting to use the economic torts in ever more exotic ways. This second edition of An Analysis of Econmic Torts, as before, attempts to provide practical legal research to both explore the ingredients of all these torts - both the general economic torts (inducing breach of contract, the unlawful means tort, intimidation, the conspiracy torts) and the misrepresentation economic torts (deceit, malicious falsehood and passing off) - and their rationales. And, as before, an optimum framework for these torts is suggested.
However that framework has to take on board the apparent tension within the House of Lords as revealed in the recent decisions in OBG v Allan and Total Network v Revenue. Over 100 years ago the House of Lords in the seminal decision of Allen v Flood in theory set the agenda for the modern development of the economic torts. The majority in that case adopted an abstentionist approach to liability for intentionally inflicted economic harm, so that even where intentional and unjustified economic harm was inflicted, liability would not necessarily follow. However, this clear framework for the torts was obscured by subsequent case law, leaving the economic torts in a hopeless muddle by the start of the twenty-first century. A chance to finally sort out this mess was presented to the House of Lords in 2007 in the shape of three conjoined appeals, reported under the name OBG v Allan. The thrust of the judgments was that a framework for the economic torts was to be established and dicta and decisions that caused problems and incoherence were to be named and shamed. Re-affirming the abstentionist philosophy of Allen v Flood Lord Hoffmann and Nicholls and Baroness Hale in part relied upon the first edition of An Analysis of the Economic Torts, Lord Hoffmann noting ..". if what I have said does anything to clarify what has been described as an extremely obscure branch of the law, much is owing to Hazel Carty's book An Analysis of the Economic Torts ." However, within 10 months of the OBG decision, a differently constituted HL in Total Network SL v Revenue & Customs Commissioners undermined this nascent coherence and did so by focusing on the conspiracy torts (previously dismissed by some commentators as anomalous or superfluous). Distinguishing OBG (which did not as such analyse the conspiracy torts) the House of Lords in Total Network may have shifted the general economic torts from the abstentionist to the interventionist track of development.
Thus it is suggested that conflicting agendas for general economic liability can be discerned in the OBG and Total Network judgments. These agendas are debated (against the background of the growing academic debate) and a coherent approach suggested. As for the misrepresentation torts their potential for development is also discussed and the peril of allowing them to transform into unfair trading or misappropriation torts is explained. As a result, the second edition involves a substantial re-write of the first edition. However, the thesis of the author remains that a coherent framework for these torts can best be constructed based on a narrow remit for the common law.

Essential Land Law for SQE1 explains the key principles of Land law in a clear, easy-to-follow style. Principles are introduced and illustrated with reference to practical examples. The book demonstrates the skills of understanding and analysing the law, taking a clear and structured approach to analysing the facts and then applying the relevant principles. It also includes a range of supportive features: Revision points: Each chapter concludes with a concise list of key revision points. Problem questions: To test understanding and analytical skills applied to practical scenarios. The SQE1 companion website provides suggested answers. Multiple choice questions: Each chapter of the book provides multiple choice questions following the SQE1 question format (with answers in an appendix to enable you to test your knowledge). Part of Routledge's Essential Law for SQE1 series, this concise and accessible text provides a clear understanding of the Land law element of SQE1 and enables you to test your assessment skills. Without the assumption of any prior knowledge of Land law, it is suitable for both undergraduates and non-law graduates.

Essential Land Law for SQE1 explains the key principles of Land law in a clear, easy-to-follow style. Principles are introduced and illustrated with reference to practical examples. The book demonstrates the skills of understanding and analysing the law, taking a clear and structured approach to analysing the facts and then applying the relevant principles. It also includes a range of supportive features: Revision points: Each chapter concludes with a concise list of key revision points. Problem questions: To test understanding and analytical skills applied to practical scenarios. The SQE1 companion website provides suggested answers. Multiple choice questions: Each chapter of the book provides multiple choice questions following the SQE1 question format (with answers in an appendix to enable you to test your knowledge). Part of Routledge's Essential Law for SQE1 series, this concise and accessible text provides a clear understanding of the Land law element of SQE1 and enables you to test your assessment skills. Without the assumption of any prior knowledge of Land law, it is suitable for both undergraduates and non-law graduates.

This wide-ranging Research Handbook is the first to offer a stimulating and systematic review of the framework for criminal enforcement of intellectual property rights. If counterfeiting constitutes an ever-growing international phenomenon with major economic and social repercussions, potentially affecting consumer safety and public health, the question of which are the appropriate instruments to enforce IP rights is a complex and sensitive one. Although criminal penalties can constitute strong and effective means of enforcement, serious doubts exist as to whether criminal sanctions are appropriate in every infringement situation. Drawing on legal, economic, historical and judicial perspectives, this book provides a differentiated sector-by-sector approach to the question of enforcement, and draws useful conclusions for future legislative initiatives at European, international and national levels. Offering a broad survey of the field, and a sound platform for further research, this legal and cross-disciplinary study by leading scholars will prove insightful for professors, researchers and students in intellectual property, criminal, competition, consumer protection and health law. Contributors: C.M. Correa, J. Drexl, C. Geiger, D. Gervais, J. Gibson, J. Griffiths, H. Grosse Ruse-Khan, R.M. Hilty, H.-G. Koch, D. Lefranc, D. Matthews, T. Mylly, A. Ohly, A. Peukert, M.R. Roudaut, J. Schmidt-Szalewski, A. Wechsler, G. Westkamp, P.K. Yu

Two of the objectives of the Chinese Copyright Law are to protect the copyright of authors to their literary and artistic works and encourage the creation and dissemination of works. In practice, however, in spite of the existence of the Music Copyright Society of China ('MCSC') that was established to assist with exercising copyright, music creators in China remain in need of help to protect and manage their fragmented copyright. The MCSC was the first collective management organisation ('CMO') in mainland China and is the only CMO in the field of musical works. While there is a large music industry and copyright business in China, the MCSC only had 11,356 members at the end of 2021. The third amendment of the Chinese Copyright Law was initiated in 2011 and came into effect in June 2021 after a long debate for almost ten years. The discussion of the third amendment has highlighted the controversial topic of collective management of copyright. This book explores the adequacy of the MCSC as an intermediary representing rights for music creators. The main argument developed in this study is that the work of the MCSC for individual composers and lyricists is hampered by shortcomings in the regulatory regime as well as by a lack of members' rights to participate in the management of their own rights and by the ineffective international cooperation between the MCSC and other musical CMOs overseas. The analysis is undertaken through a case study approach, comparing the collective management systems of music copyright in China, the United States and Australia and addressing the question of how musical CMOs operate in these countries. Specifically, three perspectives are examined: the regulatory systems designed to limit the misuse of those CMOs' monopoly, members' rights in the organisations, and international cooperation between these CMOs. Overall, the main findings of this book suggest that the MCSC in China could work more effectively to protect music creators' interests. In contrast, although the operational frameworks of the American Society of Composers, Authors and Publishers ('ASCAP') and the Broadcasting Broadcast Music, Inc. ('BMI') in the United States and the Australasian Performing Right Association ('APRA') in Australia are not perfect models, the systems in these two countries may at least provide reference points for potential improvement of the regime of the MCSC. The research recommends three courses of action: strengthening the regulatory design overseeing the MCSC's monopoly, clarifying the relationship between the MCSC and its members while providing the members with the right to manage their own copyright, and improving the international cooperation between the MCSC and CMOs in other countries.

The mortgaging of land is not just economic and legal but also social and cultural. Here, anthropologists, historians, and economists explore origins, variations, and meanings of the land mortgage, and the risks to homes and livelihoods. Combining findings from archives, printed records, and live ethnography, the book describes the changing and problematic assumptions surrounding mortgage. It shows how mortgages affect people on the ground, where local forms of mutuality mix with larger bureaucracies. The outcomes of mortgage in Africa, Europe, Asia, and America challenge economic development orthodoxies, calling for a human-centered exploration of this age-old institution.

Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of structure in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey, but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure - and here the particular structure of the law school. This book explores that structure by addressing the characteristics of the biopolitical orders engaged in legal education, including: understanding the lawyer as a commodity, unpicking the force relations in legal education, examining the ways codes of conduct in higher education impact academic freedom, as well as putting the distinctly western structures of legal learning within a wider context. Assembling original, field-defining, essays by both leading international scholars as well as emerging researchers, it constitutes indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.

This unique book provides an in-depth analysis of the different methods that have been proposed to protect traditional cultural expressions (TCEs) by using intellectual property rights.Intellectual Property and Traditional Cultural Expressions examines the possibility of protecting TCEs with copyright laws on the one hand, and ?origin related? intellectual property rights, such as trademarks, certification marks, geographical indications and laws against misrepresentation on the other. In particular, it examines which rights are conceptually best suited for the protection of TCEs, and appear more appropriate to meet the range of concerns raised by the holders of that knowledge and policymakers in culturally-rich developing countries.Providing a range of case studies, this book will prove a stimulating read for academics, practitioners, international organisations and policymakers. It will also greatly benefit law or political sciences postgraduate students with an interest in intellectual property and traditional knowledge, TCEs, and development.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.

This book identifies and addresses the key principles and policies with regard to the protection of intellectual property in the United States. A select group of highly-regarded contributors illustrate several themes which are recurrent in the many debates concerning US law and policy on intellectual property. The need for a constant expansion of protectable subject matter is critically analyzed, especially in relation to trade mark and patent laws. The chapters within the book discuss a question of critical jurisprudential importance: have the legislature and the judiciary taken sufficient consideration of the different economic and constitutional rationales of intellectual property protection when extending the scope of intellectual property protection? A tentative agenda as to the future direction for both Congress and the courts to adopt, in light of the new technological changes which have affected all areas of intellectual property protection equally, is also suggested. Policymakers will find this book of great interest as will academics and students of intellectual property law and international law.

This book contains the most current information on how to implement, develop and maintain an effective Corrective Action and Preventive Action (CAPA) and investigation program using a 9-step closed-loop process approach for medical device, pharmaceutical and biologic manufacturers, as well as any company or institution, which has to maintain a quality system. CAPA violations along with ineffective complaint investigations continue to be the number one cited violation of device warning letters for the past four years, leading the US Food and Drug Administration or FDA to remind firms to fully investigate complaints, find the root cause of nonconforming products and document their CAPA activities. A review of FDA warning letters issued to pharmaceutical companies reveals that most of these warning letters resulted from recurring failures, ineffective investigations found, and missing or inappropriate corrective and preventive actions. Companies often make the mistake of fixing problems in their processes by revising procedures or more commonly by 'retraining' employees that may or may not have caused the problem. This is typically event-focused. Companies then will make the false assumption that the errors have been eradicated. In many cases they will also consider the steps taken as their Preventive Action. The reality is that the causes of the failure were never actually determined; therefore the same problem will recur over and over. CAPA is a complete system that collects information regarding existing and potential quality problems. It analyzes and investigates the issues to identify the root cause of nonconformities. CAPA is not just a quick-fix, simple approach. It is a process and has to be understood throughout organizations. This book addresses all of the above issues, in a pragmatic, down- to-earth manner.

Should grandparents have rights in relation to their grandchildren? If so, what should the content of those rights be, both procedurally and substantively? And what is the appropriate role of the law in providing solutions to problems arising in the context of grandparents' rights? This book considers these questions from both a public and a private law perspective, and analyses the human rights implications for parties such as children, parents and grandparents. It also explores the topic of grandparents' rights in the context of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child, as well as in other jurisdictions, such as Iran, France and Nepal. The book argues that grandparents' rights have so far received insufficient acknowledgement and, consequently, that relationships between grandparents and grandchildren have received insufficient protection. However, it is crucial that the protection of grandparents' rights is balanced with the rights of parents and the rights and welfare of children; the book considers how best to achieve this, for example in disputes on child arrangements (i.e. residence and contact), child protection matters and in adoption cases. The book is of particular interest to all academics seeking a clear framework for the protection of grandparents' rights in private and public law proceedings.

Exploring the debate over the benefits of legal protection for fashion design, this book focuses on how a combination of minimal legal protections for design, evolving social norms, digital technology, and market forces can promote innovation and creativity in a business known for its fast-paced remixing and borrowing. Focusing on the advantages and disadvantages of the main US and EU IP laws that protect fashion design in the world's biggest fashion markets, it describes how recent US case law in copyright and trademark cases has led to misaligned incentives for the industry and a lack of clear protection, while in the EU, the CJEU's interpretation of the pan-European design rights system has created significant overlap with copyright law and risks leading to the overprotection of design. The book proposes that creativity and innovation in fashion derive some benefit from a limited unregistered design right protection and that cumulation with copyright protection is unhelpful. It also proposes that there is a larger role for developing social norms relating to sustainability, the ethics of cultural appropriation, and the online shaming of counterfeiters, that can also help create a fair equilibrium between protection and borrowing in fashion design.

The struggle for the right to housing is a battle over property rights and land use. For housing to be provided as a human need, land must be recognised as a common right. Property, Planning and Protest is a compelling new investigation into public opposition to housing and real estate development. Its innovative materialist approach is grounded in the political economy of land value and it recognises conflict between communities and real estate capital as a struggle over land and property rights. Property, Planning and Protest is about a social movement struggling for democratic representation in land use decisions. The amenity groups it describes champion a democratic plan-led system that allocates land for social and environmental goals. Situating this movement in a history of land reform and common rights, this book sets out a persuasive new vision of democratic planning and contributes a powerful insight into the global affordability crisis in housing.

This study examines the legal discrimination suffered in the United States by children born out of wedlock. The authors analyze the Supreme Court's equal protection birth status decisions from 1968 to 1992 and, in a case-by-case analysis, trace the development of the Court's rulings, examine the pattern of equal protection tests utilized, and evaluate the consistency of the Court's position. In addition, the work examines the related discrimination suffered by the families of non-marital children, especially single parents and alternative family units, and concludes that it is impossible to gain full equality for children born out of wedlock unless equality is also gained for their family unit. Toward these ends, the authors suggest a feminist jurisprudence as a methodology for addressing the underlying issue at the crux of birth status distinctions.

This collection comprises eighteen contemporary articles on an often overlooked, but important, field of intellectual property law: trade secrets and undisclosed information. Divided into five parts, the selected articles examine various aspects of trade secret law, including its historical development and the range of theories and justifications for trade secret protection. The material also provides a detailed exploration of the scope and limits of trade secret protection, and addresses how trade secret issues arise in a number of contexts, including employment, governmental relations, and the internet. Including an original introduction by the editors, Trade Secrets and Undisclosed Information brings this significant subject into the forefront of discussion, and will be an invaluable resource to students, scholars and practitioners alike.

With more than 14,000 business schools worldwide, what is included in their curricula matters for how the economy and the corporate system are managed. Business schools should be subject to scholarly inquiries and critical reflection. While many studies of business schools examine its general role in the tertiary education system and in society more broadly, this volume examines how one specific theoretical perspective and a normative model derived therefrom were developed and gradually appropriated within the business school setting. This volume demonstrates that agency theory, based on a daring conjecture that firms can be construed as bundles of contacts, rose to prominence in the business school context. It examines how the elementary proposition of agency theory, that the firm is to be considered theoretically and practically as a "nexus of contracts," was never consistent with corporate law and contract law, and it was empirically unsubstantiated. Business schools are under pressure to teach not only practically useful theories and models, but also theories that are also scientifically qualified. Despite having this ambition, certain theories are widely taught despite failing to live up to such declared ambitions, which means that business schools may be criticized for including theories on ambiguous grounds in the curricula. This book examines how business schools seek to honour the ambition to teach both scientifically verified theories and practically useful concepts and models, and how the tensions derived from this duality may be problematic to handle. It will be of interest to researchers, academics, and advanced students in the fields of management education, organizational studies, and legal theory.

It is widely claimed that we are facing a 'demographic time bomb' with an increasing older population and a decreasing working population. On the whole there are three conflicting attitudes in society towards older people. Firstly, there are those who see older people as a 'problem': how can we afford their care? Will the NHS be crippled by the expense of caring for older people? Secondly, there are those who are concerned by the maltreatment of older people: how can we protect older people from abuse? How can we be sure they are receiving adequate health care? Finally, there are those who argue that society is squandering the resources that older people can offer and seek ways to empower them to play a more active role in community life. These conflicting views of how to approach the 'problem' of older people are also reflected in the mixed response of the law. This book presents possible solutions to these problems and highlights the need not only to protect older people from abuse and poverty in order to ensure that they have a dignified old age, but also the need to empower older people to live their final years in an active and fulfilling way.

Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.

First published in 1992, Authorship and Copyright traces the history of constructions of authorship as a legal reality. It offers an alternative to the two mainstream interpretations that have traditionally been assigned to authorship: the Romantic dialectical 'birth of the author' or the language-based post-structuralist 'death of the author.' Saunders examines the shortcomings of both schemes by arguing that they impose an arbitrary philosophical direction on the history of authorship and the law of copyright. Saunders addresses the issues relating to copyright and the construction of authorship as a legal status. Combining information and polemic, the author explores such matters as the historical and theoretical relations of copyright and the droit moral, the aestheticization of the law and the juridification of aesthetics, and the argument that authorship as a legal reality is a historically contingent and variable arrangement that cannot be separated from its cultural and juridical context. This book will be of interest to students of law, literature and philosophy.