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The Jewish Law Annual: Volume 15 (Jewish Law Annual)
By Inst Of Jewish
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Publisher:Routledge
Number Of Pages:208
Publication Date:2004-05-10
ISBN-10 / ASIN:0415340047
ISBN-13 / EAN:9780415340045
Binding:Hardcover
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Product Description:
This volume presents a selection of articles by acclaimed experts in their respective areas of Jewish law.
A fascinating account of the status among the Jews of Yemen of the two principal codexes of Jewish law, Maimonides' Mishne Torah and R. Joseph Caro's Shulhan Arukh, is presented in a paper by Yosef Tobi. He explains the historical, social and political background against which Maimonides' code lost its unrivaled primacy as the authoritative legal source among the Yemenites. His explanation situates the Code--Shulhan Arukh rivalry within the context of a broader tension, that between the unique local baladi rite of the Yemenites, and the 'imported' but more mainstream shami rite. As the article notes, despite everything, the former not only managed to retain some standing, but has, to a degree, begun to regain ground.
Two of the papers consider the work of Israeli scholar H. Dagan in the area of unjust enrichment, inquiring into the degree to which Dagan's analysis of the halakhic attitude to unjust enrichment is in fact correct. The late Irwin Haut's paper asks whether the stance of Jewish law on unjust enrichment is as far from that evinced by American law as Dagan claims; Jonathan Blass's paper considers whether an inference can be drawn from the laws of unjust enrichment to the liberal socio-economic vision for society Dagan attributes to the halakha.
The judicial process is the focus of two other papers. Shimshon Ettinger explores the question of whether judges who have, by happenstance, witnessed an incident that subsequently becomes the subject of legal proceedings, can sit in judgment without hearing the testimony of additional witnesses. He demonstrates that the classic commentaries on the Talmud are not in agreement as to the acceptability of witnesses serving as judges. Steven H. Resnicoff considers the thorny problem of what is to be done when recourse to lying and deceit in legal proceedings is the only means by which a just outcome can be secured. Can good ends justify evil means? Resnicoff opens his discussion with a short survey of the views of philosophers such as Augustine and Kant, before proceeding to a comprehensive account of the many halakhic discussions on recourse to deceit to procure just outcomes in civil cases.
A survey of the views of the great philosophers also opens a paper by Yehiel Kaplan on the propriety of using imprisonment to enforce divorce judgments in Jewish law. He cites classic philosophical understandings of liberty to contextualize his thorough account of the position of Jewish law on curtailing personal freedom by imprisonment as a means of inducing recalcitrant husbands to agree to release their 'chained wives' (agunot). This issue is currently at the top of the agenda for many feminist groups within Orthodox Judaism, and Kaplan's paper seeks to maximize the scope for halakhic solutions to this pressing problem.
A chronicle section analyzes American cases that raise significant Jewish issues, and Israeli decisions in cases where Jewish law is germane, thereby making the annual a journal of record. The volume concludes with a survey of recently published articles and books on Jewish and biblical law.
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Drugs and Money: Managing the Drug Trade and Crime Money in Europe (Organizational Crime)
By Michael Levi
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Publisher:Routledge
Number Of Pages:220
Publication Date:2005-02-11
ISBN-10 / ASIN:0415341760
ISBN-13 / EAN:9780415341769
Binding:Hardcover
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Product Description:
Drugs and Money covers a diverse range of subjects, starting with an analysis of the policy of fear in which law enforcement is haunted by drug money. In this intriguing book, Petrus C. van Duyne and Michael Levi introduce the reader to an ever-unfolding series of problems: mind control, mind-influencing substances, the complications of international drug regulation, and the interaction between markets and actors, with the consequent amassing of huge amounts of crime-money. The social and economic aspects of crime-money are reconsidered and described in terms of the threat they pose to the legitimate economy.
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Unjustified Enrichment: Key Issues in Comparative Perspective
By David Johnston, Reinhard Zimmermann
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Publisher:Cambridge University Press
Number Of Pages:792
Publication Date:2002-06-03
ISBN-10 / ASIN:0521808200
ISBN-13 / EAN:9780521808200
Binding:Hardcover
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Product Description:
Unjustified enrichment is one of the most intellectually vital areas of private law. However, little unanimity exists among civil-law and common-law legal systems about structuring this important branch of the law of obligations. This book analyzes a range of key issues which are considered respectively by a representative of a common-law, as well as a civil-law system. The approach highlights similarities and differences between systems, and what each can learn from the other.
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The Law and Economics of Marriage and Divorce
By Antony W. Dnes, Robert Rowthorn
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Publisher:Cambridge University Press
Number Of Pages:242
Publication Date:2002-03-25
ISBN-10 / ASIN:0521809339
ISBN-13 / EAN:9780521809337
Binding:Hardcover
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Product Description:
The key role of "incentives" in family law is considered in this economic approach to family law. The book discusses the possible adverse consequences emanating from faulty legal design, while demonstrating that good family law should provide incentives for consistent and honest behavior. Economists, specialists in the economic analysis of law, and academic lawyers discuss recent advances in specialized studies of marriage, cohabitation, and divorce. This important new work will be of considerable interest to lawyers, policy-makers and economists concerned with family law.
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Kant and the Law of Peace: A Study in the Philosophy of International Law and International Relations
By Charles Covell
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Publisher:Palgrave Macmillan
Number Of Pages:248
Publication Date:1998-04-15
ISBN-10 / ASIN:0312211554
ISBN-13 / EAN:9780312211554
Binding:Hardcover
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Product Description:
Charles Covell examines the jurisprudential aspects of Kant's international thought, with particular reference to the argument of the treatise Perpetual Peace (1795). The book begins with a general outline of Kant's moral and political philosophy. In the discussion of Perpetual Peace that follows, it is explained how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, Kant broke with the secular natural law tradition of Grotius, Hobbes, Wolff and Vattel in the view he took of the foundations of the law to make peace in the international sphere. In the conclusion to the book, Kant and his law of peace are considered in relation to the condition of contemporary international society.
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Social Power and the Turkish State
By Tim Jacoby
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Publisher:Routledge
Number Of Pages:256
Publication Date:2004-07-15
ISBN-10 / ASIN:071468466X
ISBN-13 / EAN:9780714684666
Binding:Paperback
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Product Description:
This book focuses on the historical sociology of the Turkish state. It seeks to compare the development of the Ottoman/Turkish state with similar processes of large-scale historical change in Europe identified by Michael Mann in The Sources of Social Power. In this, Mann developed an historical model based on four overlapping power networks (political, ideological, economic and military). Having spent the first chapter giving an account of Mann's analysis, the text relates each of these networks to developmental patterns apparent in Turkey before concluding with an explanation of the main areas of continuity and change and a critical consideration of Mann's rubric.
In this way, the book analyses the process of state-building which has occurred in Turkey from the changes developed during the Ottoman Empire to the organization of the modern-day government. It focuses on issues concerning the state's relationship with civil society, particularly those that arise from the interaction between the Turkish majority and non-Turkish minorities. It traces the contours of Turkey's 'modernization' with the intention of formulating a fresh way to approach state development in country on the global economic periphery, particularly those attempting to effect closer ties with Northern markets. It also highlights matters of social changes pertinent to states grappling with issues relating to political Islam, minority identities and irredentist dissent.
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The Future of the American Labor Movement
By Hoyt N. Wheeler
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Publisher:Cambridge University Press
Number Of Pages:278
Publication Date:2002-09-30
ISBN-10 / ASIN:0521815339
ISBN-13 / EAN:9780521815338
Binding:Hardcover
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Product Description:
Coming at a time of profound change in the global conditions under which American organized labor exists, The Future of the American Labor Movement describes and analyzes labor's strategic alternatives. It casts its net broadly, taking into account ideas that range from the current European Social Dialogue to the methods of the nineteenth Century American Knights of Labor. There are a number of intriguing strategies that have potential for reviving the U.S. labor movement, of which worker ownership and labor capital strategies are examples. There is a necessity for a number of diverse strategies to be pursued simultaneously. For this to work, there has to be a a broad movement of labor, consisting of diverse parts, held together by a clear idea of its purpose and a new structure. Hoyt N. Wheeler is Professor of Management and Chair, Management Department, Moore School of Business, University of South Carolina. Wheeler is a former president of the Industrial Relations Research Association, and editor of its magazine Perspectives on Work. He has won teaching awards at the University of Minnesota and at the University of South Carolina. His publications include Industrial Conflict: An Integrative Theory (South Carolina, 1985), which was a Choice magazine as a Outstanding Academic title, and Workplace Justice: Employment Justice in International Perspective (co-editor, Flower, 1994). Wheeler is an attorney specializing in labor law, and labor relations arbitrator and a member of the National Academy of Arbitrators.
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The Criminal Career: The Danish Longitudinal Study (Cambridge Studies in Criminology)
By Britta Kyvsgaard
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Publisher:Cambridge University Press
Number Of Pages:302
Publication Date:2002-12-09
ISBN-10 / ASIN:0521815150
ISBN-13 / EAN:9780521815154
Binding:Hardcover
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Product Description:
Britta Kyvsgaard examines the nature of the "criminal career" through her longitudinal analysis of 45,000 Danish offenders. The data, unparalleled in size and quality, allows the accurate analysis of criminal behavior, even among relatively small demographic subgroups. Kyvsgaard determines offending patterns for males and females, juveniles and middle-aged adults, and employed and unemployed individuals. Furthermore, she examines the effects of deterrence and incapacitation. Her findings suggest that rehabilitation is worthy of further research.
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Corporate Insolvency Law: Perspectives and Principles
By Vanessa Finch
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Publisher:Cambridge University Press
Number Of Pages:656
Publication Date:2002-11-11
ISBN-10 / ASIN:0521622565
ISBN-13 / EAN:9780521622561
Binding:Hardcover
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Product Description:
Vanessa Finch reviews U.K. corporate insolvency laws and processes, with two key questions posed throughout. Are current U.K. laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions needed for the law to develop in a way that serves corporate and broader social ends? Topics considered in this volume include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. The book appeals to academics, students at advanced undergraduate and graduate levels and legal practitioners.
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Principles of Property Law 2nd edition
By Hepburn, Samantha Hepburn
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Publisher:A A Balkema
Number Of Pages:500
Publication Date:2001-05-01
ISBN-10 / ASIN:1876905085
ISBN-13 / EAN:9781876905088
Binding:Textbook Binding
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Book Description:
This book examines basic tenets of property law such as the doctrine of estates, legal and equitable interests, methods of registering and prioritising interests in property. It also examines specific property interests such as land interests and the way in which interest is conveyed, registered and coordinated. A significant amount of attention is given to other interests associated with land such as leasehold interests, mortgages, easements and covenants. The book also considers the development of native title as a legally recognised form of property in Australia and how such an interest sits within the common law and statutory infrastructure.
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Australian Restitution Law, 2nd Edition
By Erbacher, Sharon Erbacher
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Publisher:Routledge Cavendish
Number Of Pages:776
Publication Date:2001-07
ISBN-10 / ASIN:1876905093
ISBN-13 / EAN:9781876905095
Binding:Textbook Binding
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Book Description:
This book is an essential resource for commercial and banking lawyers, or for anyone who is studying or researching restitution law in Australia. It contains comprehensive extracts of the most significant cases from Australia, England and Canada, preceded by detailed factual analyses.
The second edition incorporates a number of important new cases, including the House of Lords decisions in Kleinwort Benson Ltd v Lincoln City Council 2 AC 349 and Attorney-General v Blake 3 WLR 625, and the Australian case of Roxborough v v Rothmans of Pall Mall Australia Ltd (1999) 167 ALR 326. It also contains new sections dealing with practical questions such as pleading a claim in restitution, the bases of a claim for interest and limitation of actions.
The book covers the following major subject areas: ·
History and basis of restitution law ·
Elements of unjust enrichment ·
Claims based on mistake ·
Claims based on necessitous intervention ·
Claims based on compulsion ·
Claims arising out of ineffective contracts ·
Claims by or against public authorities ·
Claims based on wrongdoing ·
Defences ·
Personal and proprietary remedies
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Essential Tort Law (Essential)
By Anita Stuhmcke, David Barker
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Publisher:Cavendish Pub Ltd
Number Of Pages:198
Publication Date:2001-04
ISBN-10 / ASIN:1876905042
ISBN-13 / EAN:9781876905040
Binding:Textbook Binding
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Book Description:
This book provides a clear and concise guide to the key elements of tort law. It is unique in that it presents an easy to read summary of tort law, which provides clear references to necessary case authority and statutes. This text is an essential revision aid for the law student - particularly the undergraduate law student. It will also be useful for any student studying tort law as part of a course. This text covers the essential aspects of tort law with particular emphasis upon the elements of negligence. Each chapter begins with a list of essential features to ensure the reader maximises their own learning experience.
The second edition of this book is a revised and up dated version of the earlier edition. It now contains a full case list and provides succinct commentary on the current complexities in the Australian law of tort
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Designing Print Materials for Flexible Teaching and Learning in Law (Legal Education Series)
By Joughin, Richard Johnstone, Gordon Joughin
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Publisher:Routledge Cavendish
Number Of Pages:104
Publication Date:1997-10-01
ISBN-10 / ASIN:1876213337
ISBN-13 / EAN:9781876213336
Binding:Paperback
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Book Description:
This book is written for law teachers who want to design their own teaching and learning materials. It is designed for individual teachers and teaching teams who want to develop materials, encourage active learning by students, and integrate the use of materials with other teaching and learning strategies.
We all have ideas about how to make learning more enjoyable and productive for students. This guide will help to make these ideas more explicit, anchor them in recent research on teaching and learning, and help law teachers to apply them consistently to their materials.
The chapters are clearly structured and each section within them includes ideas, examples and activities for the law teacher to complete. The activities are designed so that a blueprint may be developed for the production of materials on a sample topic by working through the activities as they occur in the text.
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Legal Lobbying
By Kober-Smith, Mark Kober-Smith
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Publisher:Routledge Cavendish
Number Of Pages:120
Publication Date:2000-10-01
ISBN-10 / ASIN:1859415997
ISBN-13 / EAN:9781859415993
Binding:Textbook Binding
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Book Description:
This book is about changing the law and how to do it. Its aim is to help others gain the confidence to do the same and give practical advice. It is an ideal guide for the busy person who wishes to understand how to influence government but does not know how or where to start.
It contains elements of case study as well as useful observations and suggestions on how to apply the same techniques in different situations. It reviews and summarises the existing literature on practical lobbying and contains guides to further sources of information, reference and help. This will enable readers to start lobbying immediately, without needing to join a large organisation or get involved in bureaucracy. The book covers the workings of Parliament, approaching MPs, setting up campaigns; getting into the newspapers and dealing with civil servants. It also includes a guide to sources of knowledge, such as books, databases, useful Internet sites, reviews and summaries of the key points of other useful books in this field.
This text will be accompanied by an Internet page promoting the book and open to comments for updating and additional information.
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Housing Law: Text, Cases & Materials
By Clements, LM Clements
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Publisher:Routledge Cavendish
Number Of Pages:594
Publication Date:1996-12-01
ISBN-10 / ASIN:185941222X
ISBN-13 / EAN:9781859412220
Binding:Textbook Binding
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Book Description:
This book is a comprehensive survey of modern housing law, an area which is clearly growing in importance and is becoming increasingly liable to change as a result of statutory intervention. This was reflected by the recent Housing Act 1996, which this book covers. The book takes a wide approach to housing law and includes, for instance, a look at owner occupiers and their financial problems as well as covering inadequate mortgage valuation reports from surveyors. It includes a large amount of cases and materials, and these are set in the context of substantial comment and analysis. This book is designed to be used not only by students of housing law, but also as a useful reference tool for professionals in the housing market.
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Theft
By Phillips Walsh
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Publisher:Routledge Cavendish
Number Of Pages:400
Publication Date:2001-09
ISBN-10 / ASIN:1859412009
ISBN-13 / EAN:9781859412008
Binding:Textbook Binding
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Book Description:
This new text explains and examines the important range of property offences enacted in the Theft Acts of 1968 and 1978. Starting with the offence of theft itself, the book goes on to consider offences of deception, before dealing with the remaining offences. The authors set out the law as it currently is, whilst also identifying not only those areas where it is uncertain but also where it is less than satisfactory.
The book covers every offence in the two Theft Acts and the order of treatment is dictated by the sequence of sections in the Acts. The style is that, first, a section of the Act is set out verbatim and then there is text commenting (including case law) upon that section, relating that section to others. The book also covers attempts, conspiracy, sentencing, jurisdiction and procedure.
The book, which is fully up to date, will be of interest to students and practitioners alike.
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Urology For Lawyers (Medic0-Legal Practitioner Series)
By Patrick Smith, Patrick Smith, Walter Scott
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Publisher:Routledge Cavendish
Number Of Pages:300
Publication Date:2000-08-01
ISBN-10 / ASIN:1859411576
ISBN-13 / EAN:9781859411575
Binding:Hardcover
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Book Description:
Diseases of the kidney, bladder and related organs are commonly the subject of litigation. The technical aspects of such conditions as bladder stone, prostate cancer and urethral abnormalities need to be grasped by any practitioner involved in cases of this type.
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Sourcebook on Feminist Jurisprudence (Sourcebook Series)
By Barnett
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Publisher:Routledge Cavendish
Number Of Pages:639
Publication Date:1996-03-26
ISBN-10 / ASIN:1859411134
ISBN-13 / EAN:9781859411131
Binding:Hardcover
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Book Description:
This book is a comprehensive analysis of the relationship between feminist theories and the law, and the way in which developments of the former have affected, and been affected by, the latter. The book takes as its starting point a study of women and culture on an international level, which demonstrates how religious and cultural influences have been fundamental in establishing contemporary legal and social mores. This provides the setting for an investigation into legal and social discrimination and inequality, and how this has been addressed by the emergence of feminism. A number of critiques and developments are examined.
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Children and the Law
By Deborah Lockton
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Publisher:Routledge Cavendish
Number Of Pages:108
Publication Date:1994-05-01
ISBN-10 / ASIN:1859411118
ISBN-13 / EAN:9781859411117
Binding:Hardcover
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Book Description:
This monograph is a series of papers presented at a conference held at De Montfort University, Leicester, in October 1993. The papers address the following issues: young persons and the rights to independence under the Children Act 1989; the implications of the Child Support Act 1991 for children and their families and its taxation implications; recent developments in withholding and giving of medical consent where the child is Gillick competent and the area of parents consenting on behalf of a child for non-therapeutic medical treatment. The following aspects of the Children Act 1989 are also included: joint parenting; the implementation of the requirements of day care centres; the use of prohibited step orders and the protection of children.
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Sourcebook On Intellectual Property Law
By Peter Groves, Peter J Groves
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Publisher:Routledge Cavendish
Number Of Pages:786
Publication Date:1997-05-01
ISBN-10 / ASIN:185941107X
ISBN-13 / EAN:9781859411070
Binding:Textbook Binding
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Book Description:
This book provides a self-contained guide for every student of intellectual property law. It gives a comprehensive view of UK patent, copyright and design law, together with the law of confidentiality and passing off. Topography rights, rights in performances and plant breeding rights are also dealt with. In each case, legislative initiatives from the European Community are discussed in detail. Much of our intellectual property law already comes from this source, and domestic legislation is increasingly harmonised among Member States. Where appropriate, comparisons are drawn with other jurisdictions.