Oxford University Press

- A fresh and detailed new perspective on this vital subject for specialists in the competition law field — Coverage extends beyond procedures in respect of Article 81 and 82 to practice and procedure in respect of mergers, state aid, public undertakings and EEA matters — Reliable and easy-to-consult source of information written by experts familiar with the practical aspects of the relevant procedures — Exhaustive coverage of the case-law and doctrine and user-friendly layout and format — Clear and concise language makes it accessible to experts and non-experts alike New to this edition — New coverage of Merger Control Procedure, Procedure for Public Undertakings, and State Aid Procedure This is the second edition of a key analytical commentary on the competition procedures of the EC, written by a distinguished editor and contributor team with extensive experience in the area. It provides the reader with an exhaustive account of the relevant rules, which includes a completely revised and updated analysis of antitrust procedure in the wake of the modernization of EU competition law. The reader is given a detailed discussion of the Commission's package of regulations and guidelines and their interaction in practice, in a field where new rules have caused a major change and the need for practitioners to reorientate themselves. The section on antitrust rules will be complemented by new sections on procedures for public undertakings, merger control, and state aid. As a practical guide to procedure it focuses upon the implementation of the regulatory framework by the Commission and the relevant case law of the European Courts. It will prove an indispensable source of guidance for all practitioners involved in competition proceedings before the European Commission and national competition authorities.

- The only current text in English examining the complex and rapidly changing area of EC employment law — Covers both the substantive law as well as the law making process, making this the only text to give the complete picture of EC Employment law — Places the law in its broader social and political context offering students an understanding of the underlying purpose of the EU's employment strategy New to this edition — Includes a new chapter on the European Employment Strategy, focusing on the Lisbon process and the new methods of governance employed by the EU to achieve harmonisation, especially the 'Open Method of Co-ordination' — Re-structures several chapters to make them more approachable to the student reader — Places greater emphasis on the EU's Charter of Fundamental Rights and its impact on EU social policy This new edition of EC Employment Law provides a complete revision and update of the leading English language text in the field. The coverage in the new edition has been expanded with material on all the latest developments, including the new Equality Directives, the development of the European Employment Strategy, the Open Method of Coordination (OMC) as well as more traditional regulatory techniques. It also analyses the ever expanding body of employment case law. The book begins with an examination of the development of EC employment law focusing on the shift from employment law to employment policy. The text then considers rule-making in the field of employment law considering both the traditional routes to legislation and the new governance techniques, including the OMC. The book considers the substantive area of employment law, considering the free movement of persons, equal treatment, health and safety and working conditions, the restructuring of enterprises, worker participations and collective action. Throughout, the book addresses the fundamental question as to the purpose of EC employment law: is it primarily economic, social or both?

- The only current text in English examining the complex and rapidly changing area of EC employment law — Covers both the substantive law as well as the law making process, making this the only text to give the complete picture of EC Employment law — Places the law in its broader social and political context offering students an understanding of the underlying purpose of the EU's employment strategy New to this edition — Includes a new chapter on the European Employment Strategy, focusing on the Lisbon process and the new methods of governance employed by the EU to achieve harmonisation, especially the 'Open Method of Co-ordination' — Re-structures several chapters to make them more approachable to the student reader — Places greater emphasis on the EU's Charter of Fundamental Rights and its impact on EU social policy This new edition of EC Employment Law provides a complete revision and update of the leading English language text in the field. The coverage in the new edition has been expanded with material on all the latest developments, including the new Equality Directives, the development of the European Employment Strategy, the Open Method of Coordination (OMC) as well as more traditional regulatory techniques. It also analyses the ever expanding body of employment case law. The book begins with an examination of the development of EC employment law focusing on the shift from employment law to employment policy. The text then considers rule-making in the field of employment law considering both the traditional routes to legislation and the new governance techniques, including the OMC. The book considers the substantive area of employment law, considering the free movement of persons, equal treatment, health and safety and working conditions, the restructuring of enterprises, worker participations and collective action. Throughout, the book addresses the fundamental question as to the purpose of EC employment law: is it primarily economic, social or both?

- A comprehensive approach which captures all relevant precedent analysis and reasoning by the European Court of Justice — Offers guidance on issues which have not yet been identified by the ECJ or which may arise in the future — A detailed and practical analysis of both EC and national procurement systems — A user-friendly and innovative layout which directs the reader through the analysis to specific answers and assists in identifying themes arising from litigation Public procurement represents a specialist yet important area of practice in the European and international business and commercial legal environment. This book offers an inclusive, coherent and practical analysis of the relevant law and jurisprudence, with the principal focus on the case law of the European Court of Justice in the public procurement field. The author provides the reader with a taxonomy of the themes and reasoning that has been used by the Court, and a convenient conceptual framework for practitioners and academics alike.

- The book provides a modern, detailed examination of EU administrative law, with a particular focus on principles of judicial review — Evaluates the modes of EU policy administration from an inter-disciplinary approach — Covers core public law general principles such as legitimate expectations, legal certaintly, and proportionality 'EU Administrative Law' considers the ways in which the EU administers policy, the objective being to explicate, analyse and evaluate the modes of policy delivery, to assess the role of law therein and to draw conclusions about their relative efficacy. The approach throughout is contextual and inter-disciplinary. The focus in Part II shifts to 'Law and Administration' with analysis of the principles of judicial review as they have been developed by the Community courts. The chapters consider in-depth the principles of judicial review that are applied to control and structure EU administration and that of the Member States when acting in the sphere of EU law. The discussion takes full account of the legislative and political initiatives that are relevant to particular issues, as well as the contribution made by the Community courts.

- The book provides a modern, detailed examination of EU administrative law, with a particular focus on principles of judicial review — Evaluates the modes of EU policy administration from an inter-disciplinary approach — Covers core public law general principles such as legitimate expectations, legal certaintly, and proportionality 'EU Administrative Law' considers the ways in which the EU administers policy, the objective being to explicate, analyse and evaluate the modes of policy delivery, to assess the role of law therein and to draw conclusions about their relative efficacy. The approach throughout is contextual and inter-disciplinary. The focus in Part II shifts to 'Law and Administration' with analysis of the principles of judicial review as they have been developed by the Community courts. The chapters consider in-depth the principles of judicial review that are applied to control and structure EU administration and that of the Member States when acting in the sphere of EU law. The discussion takes full account of the legislative and political initiatives that are relevant to particular issues, as well as the contribution made by the Community courts.

- Only work to deal specifically with the Reorganisation and Winding-up of Insurance Undertakings and Credit Institutions directives making this an invaluable resource for the insolvency specialist — Written by top European specialists in this field and edited by two leading experts making this book of the highest calibre — Invaluable commentary on the application of the Directives ub 18 European states This major new practitioner work provides detailed analysis of the EU Directives 2001/17 and 2001/24 on the Reorganisation and Winding-up of Insurance Undertakings and Credit Institutions. Chapters cover the considerable impact both Directives have upon the role and the tasks of the supervisory authorities in the EU insurance and banking market (including their branches in other EU countries), the information to be provided to these authorities, the effects of the measures they can take, the law applicable to reorganisation measures and winding-up proceedings of these institutions. The book contains a detailed article-by-article commentary on both Directives themselves. In addition the work contains 18 separate surveys, within which local specialists describe and explain the specifics on the implementation of the Directives in their respective country.

- The most comprehensive overview, analysis and critique of the Justice and Home Affairs Law of the European Union — Complete coverage of relevant human rights issues, and includes developments since Sept. 11th such as the definition of terrorism and the adoption of the European Arrest Warrant — Covers both the JHA institutional issues and the main substantive topics discussed and concluded in JHA negotiations This book examines in detail EU law on Justice and Home Affairs. In turn, it looks at the decision-making and judicial rules which the EU applies in these areas, then it examines the extensive EU law on visas and border controls, regulation of legal migration, control of illegal migration, criminal law definitions, criminal procedure, and policing and customs. Throughout the book, there is a focus on the tension between the objectives of controlling migration and fighting crime on the one hand and human rights and civil liberties principles on the other. This theme is one of the particularly important developments in this area which arose after the attacks of September 11, 2001. This unique overview and critique of the EU law on Justice and Home Affairs is a one-stop source for information and analysis on a highly topical area of increasing concern in international politics, and one which is bound to have increasing impact as economic integration proceeds.

- Comprehensive guide to the key employment law issues arising in business reorganisations — Fully up to date to incorporate changes made by the TUPE Regulations 2006 — Clearly structured to ensure comprehensive coverage of the various effects of reorganisations on employers and employees, both where the TUPE Regulations apply, and where they do not — Includes practical guidance to the numerous difficult issues that arise in practice, such as working out whether or not the regulations apply, and the complex issues surrounding dismissals and redundancy — Contains full coverage of collective consultation obligations, common law obligations, and rights and liabilities in relation to pension schemes — Written in an accessible and engaging style, this text will appeal both to employment law practitioners and non-specialists — Examines the underlying UK and European statutory framework as well as all relevant case law This timely new text examines the various employment law issues arising in relation to business reorganisations. Providing guidance on the most difficult practical issues of this complex area, the book is aimed primarily at practitioners working in this area. However, its accessible style ensures wider appeal to non-specialists. The book focuses on the rights and obligations of an employer towards its employees and their representatives when it seeks to reorganise its business. This can include situations where an employer wishes to contract out certain operations (and relevant employees may be transferred to another employer) or where affected employees are retained but reallocated to different jobs and responsibilities. Fully up to date to incorporate the Transfer of Undertakings (Protection of Employment) Regulations 2006, the book details the circumstances where the regulations apply and where they do not, and the full implications to employers in each case. Clearly structured to ensure ease of reference, the book provides separate coverage of collective and individual employment rights and detailed analysis of key issues such as obligations in respect of pension schemes, the definition of redundancy and the right to a redundancy payment, as well as the circumstances where there is no redundancy but where an employee may be fairly dismissed in a reorganisation for «some other substantial reason». The book also deals with the manner in which employees' common law rights may be breached and the possible impact of the law of discrimination on a reorganisation. Full attention is given to the underlying UK and European statutory framework and the developing case law in this area.

- A practical guide to using border measures against the importation of goods infringing intellectual property rights into the European Union — The book gives ^full ^ coverage of EC Regulation 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and 1891/2004 laying down provisions for its implementation — Written by a specialist practitioner editor and contributor team giving all practical aspects of problems involving multi-state abuses of intellectual property rights (including how to contact customs authorities, useful website addresses, and more) — Pulls together a substantial amount of key information not always readily available, thereby saving valuable research time — Reader-friendly layout with consistent design for all of the 25 national reports, facilitating the ability to compare different national approaches and make strategic decisions This book is a practical guide on anti-counterfeiting and anti-piracy measures at the borders of the enlarged European Community. It deals with all aspects of 'border measures' under Regulation (EC) 1383/2003. As well as providing a thorough description of the implementation of the new regime, the publication also fills in the gaps by including areas of national law, thus providing a coherent overview of the application of the current regime of border measures in place within the European Union. The main topics addressed are: (i) the general background behind the phenomena of counterfeiting and piracy in Europe (by Prof. Michael Blakeney); (ii) the international legal framework for border measures (Paris Convention, Berne Convention, TRIPS, WIPO Model Provisions, etc.) (by Prof. Daniel Gervais), as well as (EC) Regulation 1383/2003, Implementing Regulation 1891/2004 and the case law of the European Court of Justice (by Mr Schneider and Mr Vrins); (iii) the main part of the book is devoted to national reports on the application of border measures in all 25 Member Countries of the European Community; (iv) the last Chapter of the book highlights the similarities and differences in the approaches adopted by the Member States when faced with infringements of intellectual property rights at the borders, and attempts to emphasize how these are relevant to right-holders when defining their strategies in the fight against such infringements. This manual is the very first English language publication dealing with the practical application of Regulation 1383/2003 in all 25 Member Countries of the European Community.

- The author has an international reputation as linguist and founder of the Natural Semantic — Metalanguage approach to semantic analysis — The first book to connect the English language with «Anglo» culture — By the same author: Semantics, Culture, and Cognition (OUP, 1992) sold 3,740 in paperback It is widely accepted that English is the first truly global language and lingua franca. Its dominance has even led to its use and adaptation by local communities for their own purposes and needs. One might see English in this context as being simply a neutral, universal vehicle for the expression of local thoughts and ideas. In fact, English words and phrases have embedded in them a wealth of cultural baggage that is invisible to most native speakers. Anna Wierzbicka, a distinguished linguist known for her theories of semantics, has written the first book that connects the English language with what she terms «Anglo» culture. Wierzbicka points out that language and culture are not just interconnected, but inseparable. This is evident to non-speakers trying to learn puzzling English expressions. She uses original research to investigate the «universe of meaning» within the English language (both grammar and vocabulary) and places it in historical and geographical perspective. For example, she looks at the history of the terms «right» and «wrong» and how with the influence of the Reformation «right» came to mean «correct.» She examines the ideas of «fairness» and «reasonableness» and shows that, far from being cultural universals, they are in fact unique creations of modern English. This engrossing and fascinating work of scholarship should appeal not only to linguists and others concerned with language and culture, but the large group of scholars studying English and English as a second language.

- Theoretically and historically informed analysis of an increasingly important legal mechanism — Case studies illustrate practice and purpose of using environmental assessment — Broad coverage of topics including land use, pollution control, habitat protection, and policy making — Was a runner up for the Society of Legal Scholars Peter Birks' Prize for Outstanding Legal Scholarship Environmental Assessment is an inherently interdisciplinary mechanism which is concerned with the input and quality of information about the likely effects of development upon the environment. It is a useful tool for examining aspects of the relationship between law, governance, and the regulation of decision making, which have been central to the development of environmental law. In this volume, the procedural mechanism of environmental assessment is analysed. The author argues that, notwithstanding its procedural nature, environmental assessment is highly material to the outcome of a decision. A major focus of this analysis is the enhanced role of the developer in shaping the outcome of a decision by assuming responsibility for providing information on which a decision will be based, in accordance with a broader agenda of expanding the roles and responsibilities of participants in environmental decision making. The author draws upon several contemporary projects as case studies of assessment: a global port, an offshore windfarm, a flood defence strategy, and a recreation centre. In analysing these sites of decision making from a legal perspective, the author touches upon the key determinants of environmental assessment: discretion, the significance of environmental effects, alternative options, and participatory rights. Finally, the volume looks to the future development of environmental assessment: as an avenue for protest, and, alternatively, as a standardized component of international contracts for development.

Focuses on the practical tasks required to stay in compliance with U.S. environmental laws

- Introduces the basic principles of equity, emphasising contemporary views and modern issues, thereby providing students with a guide to key topics — Considers the impact equity has had on the modern legal landscape, and the controversial questions that arise from our dual system of law and equity, helping students to think critically about the subject — The clarity of the language ensures that legal debates in this area are readily accessible to all readers New to this edition — The second edition will be thoroughly updated to include significant Court of Appeal and House of Lords cases, that are material to the legal ideas discussed — Selective references to the key cases and commentary have been incorporated to provide guidance for students wishing to pursue the issues in more detail — Includes footnotes and references to leading cases This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises. The second edition now includes footnote references to the leading cases in the area. Each chapter also provides a short list of key cases, and a selective biography chosen for its ability to provoke debate about the principal controversies exposed in the chapter. These additions are designed to guide and stimulate students and practitioners in their engagement with the subject.

- Written by authoritative specialists in the field including the President of the Community Plant Variety Office — Systematic explanation of the Community plant variety system and of the interrelation of plant variety rights with other IP rights, with guidance on the appropriate form of protection — Covers enforcement under the Plant Variety Protection Regulation and under national laws — Includes time-saving references for further information on national, Community and international plant variety protection and enforcement This book is intended as a practical guide to the European Community plant variety protection system under Council Regulation (EC) 2100/94. This system was introduced to enable breeders to protect in Europe new varieties of plants with a tailor-made intellectual property right. The plant breeding industry is an important sector in the European Community with an increasingly competitive atmosphere forcing breeders to protect their products and enforce their IP rights against competitors. This book provides a systematic approach to the Community plant variety protection system. The authors explain how to obtain plant variety protection and how to enforce rights to that protection. They also consider various interpretations of the provisions of the Regulation as well as the strengths and weaknesses of the system. The book covers the world's largest system for plant variety protection, and will be the only comprehensive up-to-date resource on Community Plant Variety Rights.

- New edition of a leading single volume treatise on the jurisprudence of the ECJ — Discussion of key issues of the Court's jurisdiction, direct effect, remedies, and fundamental freedoms — Analyses the role reserved for the Court under the Union's new Constitutional Treaty The European Court of Justice is a controversial institution. Its supporters see it as having played a central and positive role in shaping a polity which has given its Member States an unprecedented degree of peace, stability and prosperity. To its detractors, it has ignored the Treaties from which it derives its powers in order to pursue an agenda of its own about the political shape of Europe. This book analyses the Court's place in the institutional architecture of the European Union and its contribution to the constitutionalization of the Union and the development of the Union's substantive law. Questions examined include the jurisdiction of the Court; the relationship between Union law and national law; the impact of Union law on national laws concerning remedies; and the protection of fundamental rights. The book also looks at certain key areas of substantive law which have to a large extent been judicially constructed. In the final section, some overarching themes relating to the Court's overall approach are addressed. To what extent has it evolved with the development of the Union? What has been the Court's relationship with the other institutions of the Union and the national courts of the Member States? Should we regard the central role the Court has undoubtedly played in the development of the Union as legitimate? What is the nature of the role reserved for the Court under the Union's Constitutional Treaty, signed by the Member States in Rome on 29 October 2004? The book will be of interest to anyone concerned with the development of the European Union and the role of the Court in that process.

- New edition of a leading single volume treatise on the jurisprudence of the ECJ — Discussion of key issues of the Court's jurisdiction, direct effect, remedies, and fundamental freedoms — Analyses the role reserved for the Court under the Union's new Constitutional Treaty

- Brings together French, German and English tort law, European Community tort law and the case law of the European Court of Human Rights — Gives a concise and up to date account of how the various tort law systems work and how they are intertwined — Examines the relationships between cultures and policies of the different systems This is the first textbook on European tort law. It provides insight into the differences and commonalities between the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, Community law and human rights law. The author shows that European tort law is still a matter of diversity rather than harmony, particularly at policy level. However, he also underlines that Community law and the European Convention on Human Rights are powerful engines for harmonization. For this reason, European tort law is of growing importance for practitioners and academics as European integration progresses. The first part of the book (Systems of Liability ) provides an overview of the state of affairs of the tort law systems of France, Germany and England, and of the European Union. In a concluding chapter the author compares the various rules, cultures and policies of the legal systems and demonstrates the need for a European policy discourse. The second part (Requirements of Liability ) analyzes and compares the requirements for liability in the various tort law systems: protected interests, intention and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. The final part (Categories of Liability ) also assumes a comparative and supranational point of view. It shows how national and European rules are applied in a number of categories, such as liability of public bodies, liability for defective products, motor vehicles, employees, children, premises and highways, and for environmental damage. The book is written in a concise yet clear style. Brief accounts of numerous cases elucidate the breadth and depth of European tort law.

- Provides practical guidance on the skills and techniques needed to successfully answer essay and problem-style questions so that students can reach their full potential — Includes numerous examples of model answers, both good and bad, with author commentary so that students can understand how, by approaching questions in different ways, they can best demonstrate their knowledge of the law — Emphasises the need to develop skills and techniques throughout law modules including how to gather appropriate materials, and formulate ideas, so that early on students are in the best possible position to produce work that reflects their abilities New to this edition — New coverage on the best techniques students could adopt in writing their coursework, including extended essays and dissertations — There will be an expanded section on answering essay questions — An improved and clearer page layout to aid navigation This book deals with the major hurdles that all students must face: examinations. To overcome this barrier, it is important that the exam process is fully understood by students and that the techniques used by successful examinees are thoroughly mastered. Written in a clear, accessible style, Exam Skills for Law Students demonstrates how good students can do themselves justice in examinations by using the knowledge that they have acquired to full effect. The authors suggest ways in which legal arguments can be marshalled and identify methods by which both essay and problem questions can be tackled. Examples are drawn from the core subjects of contract, criminal law, public law and the law of torts, although techniques illustrated can be applied to many other areas of law. This will be an invaluable aid to any students taking academic law examinations.

- Comprehensive new guide to the controversial area of expert evidence in civil litigation — An authoritative first port-of-call for civil litigation practitioners, the judiciary, and professionals who act as expert witnesses — Provides detailed commentary to the new procedures under Part 35 of the Civil Procedure Rules — Contains practical guidance to the key issues that arise in practice, including accreditation, the solicitor/expert relationship, experts' reports and privilege, court management of expert evidence, the single joint expert, and experts' immunity from liability — Also looks at the historical background to expert testimony, and discusses the future development of the law, with reference to developments in the courts and other tribunals — Written by a leading multidisciplinary contributor team, many of whom were involved in the Working Party on the Code of Guidance for Expert Evidence — Edited by Sir Louis Blom-Cooper QC, a past Chair and Governor of the Expert Witness Institute Expert evidence in the civil justice system remains a controversial area, and one which continues to develop in the context of the changes in civil litigation brought about by the Woolf reforms. In June 2005 the Civil Justice Council's Protocol for the Instruction of Experts was launched to provide guidance to legal professionals and those acting as experts. The recent disciplinary case taken against Sir Roy Meadow by the General Medical Council relating to his expert evidence in a criminal trial — while not directly a civil matter — served to highlight a number of the key problems faced by experts in giving opinion evidence to courts. This new title is a comprehensive guide and reference book for all who are concerned with the quality of expert evidence in the courts. The text focuses on civil practice and looks in detail at the impact of the Civil Procedure Rules on expert evidence. It concentrates on the practical aspects of having experts give evidence, and looks at areas which have caused particular confusion, or on which case law is gradually emerging. Coverage will include the accreditation of experts, the litigant solicitor/expert witness relationship, experts' reports and privilege, court management of expert evidence, the single joint expert, and experts' immunity from liability. The book also includes an illustrative account of one expert's experience in a complex class action relating to a pharmaceutical product. In addition to practical guidance, the book also provides a historical background to expert testimony and discusses the future development of the law, with reference to developments in the courts and other tribunals. Written by a team of leading practitioners, many of whom were members of the Working Party on the Code of Guidance for Expert Evidence, the book is an authoritative first port-of-call for civil litigation practitioners who use experts or come across them regularly in their work, the judiciary, and for experts themselves.

- Includes a contribution from Dworkin himself, in which he restates his position and responds to the preceding essays — Expert contributors, cutting edge in their fields of inquiry — Comprehensive coverage, therefore suitable as a companion volume to Dworkin's main works Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a concluding essay by Dworkin himself. This final chapter responds to the preceding essays and lays out Dworkin's own vision for the future of jurisprdence over the coming years.

- Complete and up-to-date guide to today's complex export and embargo regulation New to this edition — Contains hundreds of updates in regulations since first edition

- Offers a fresh examination of the fundamental questions at the heart of family law — how should the state govern people's intimate relationships? Should it encourage a model of 'proper' family life in the interests of stability, or allow people to make their own decisions? — Analyses the impact of human rights on the ideas of family law, showing how the traditional power structures that shaped family life have been shaken by the values of the rights of the child, and the rights of minorities to determine their future. — Presents a thorough theoretical groundwork for the understanding of family law in the twenty-first century, based on respect for personal intimacy How should our most intimate personal relationships be governed in a liberal society? Should the state encourage a particular model of family life, or support individuals in their pursuit of personal happiness? To what extent do people have the right to shape the lives of their offspring? This book examines the questions at the heart of family law, rethinking the ideas that shape our understanding of the family as a social unit, its purpose, and the obligations and rights that belong to family members. The book explores how the governance of personal relationships has depended on the exercise of power, from the traditional assumptions of patriarchy, where the male head of the family enjoyed full control over his dependents and descendents, to the ideology of welfarism, where state institutions protect the interests of the vulnerable at the expense of their close relations. Emerging from these conflicting ideologies comes today's rights-based culture, where traditional expectations for behaviour within a family sit within a new emphasis on the ability of minorities and traditional dependents to determine the shape of their own lives. Against this background of shifting power relations, the book explores the interrelationship between the legal regulation of people's personal lives and the values of friendship, truth, respect and responsibility. In doing this, a variety of controversial issues are examined in the light of those values: including the legal regulation of gay and unmarried heterosexual relationships; freedom of procreation; state supervision over the exercise of parenthood; the role of fault in divorce law; the way parenthood is allocated; the rights and responsibilities of parents to control their children; the place of religion in the family; the rights of separated partners regarding property and of separated parents regarding their children. Throughout, the book offers a new picture of the intimacy at the centre of personal relationships and argues that only by understanding this intimacy, and its role in human happiness, can we arrive at a true framework for respecting, and governing, the personal lives of other people.

- Offers comprehensive coverage of major media law topics, including privacy, contempt, copyright, official secrecy and freedom of information, content regulation of broadcasters, and political defamation — Takes a comparative approach to consider the impact of the Human Rights Act on these areas, written by leading experts on the Act — Includes detailed discussion of recent key cases and legislative developments to early 2006 Media Freedom under the Human Rights Act provides the most comprehensive analysis to date of the impact of Article 10 ECHR, as received through the Human Rights Act 1998, on the substantive law governing freedom of expression in the media. Fully up to date, the book provides extensive coverage of crucial recent developments in this field; these include: the key cases of Ashworth and Punch in the area of contempt; the ground-breaking privacy decisions in Von Hannover v Germany and Campbell v MGN ; full consideration of theoretical approaches to explicit speech and blasphemy, including a detailed critique of Strasbourg case-law in the area; detailed discussion of the new offence of incitement to religious hatred; the new scheme for content regulation of broadcasting under the Communications Act 2003 in the light of Prolife Alliance ; a full survey of recent domestic and Strasbourg caselaw in the areas of copyright and political defamation, and analysis of the early impact of the Freedom of Information Act. The authors — both leading academics in the field — have drawn on significant comparative decisions to formulate a coherent and provocative critique of the relationship between media law and freedom of expression, and suggested principles which make a significant contribution to the legal discourse surrounding media freedom in the Human Rights Act era. The result is a book which provides a scholarly and theoretically informed analysis of this very topical subject, of interest to those studying at all levels and practising in this area of law.