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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Varieties of European Economic Law and Regulation: Liber Amicorum for Hans Micklitz

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Edited by: Kai Purnhagen, Peter Rott

ISBN13: 9783319049021
Published: July 2014
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £153.00

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This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz' work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.

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EU Law, Law and Economics
About the Authors
Table of Contents
Kai Purnhagen and Peter Rott
Part I Foundations of (Private) Law
1. Three Views on Negotiation - An Essay Between Disciplines
Stefan Grundmann
2. Post-private law?
Martijn Hesselink
3. Non-State Law in the Hague Principles on Choice of Law in International Contracts-An Unconvincing Solution for an Unimportant Problem
Ralf Michaels
4. Optional Regulation of Standard Contract Terms
Florian Moslein
5. Law or Economics---Some Thoughts on Transnational Private Law
Leone Niglia
6. A "Competitive Contract Law"?
Karl Riesenhuber
7. The Horizontal Effect of Fundamental Rights in Private Law - On Actors, Vectors and Factors of Influence
Marek Safjan
8. European Regulatory Private Law: From Conflicts to Platforms
Yane Svetiev
9. On Law and Sorrow
Joseph HH Weiler
10. Free Movement of Legal Sources: The Use of Foreign Sources in Private Law in Europe
Thomas Wilhelmsson
Part 2 EU Internal Market Regulation
11. New Economic Governance in the European Union: Another Constitutional Battleground?
Fabian Amtenbrink
12. Regulatory Coherence-A European Challenge
Roger Brownsword
13. Does private regulation foster European legal integration
Fabrizio Cafaggi
14. 'Unity in Diversity'?! - A Conflicts-Law Re-Construction of Controversial Current Developments
Carola Glinski and Christian Joerges
15. The Virtue of Cassis de Dijon 25 years later - It Is Not Dead, It Just Smells Funny
Kai Purnhagen
16. Who Does What? On the Distribution of Competences among the European Union and the Member States
Jan Smits
17. Do we need 'consumer protection' for small businesses at the EU level?
Jules Stuyck
18. European social constitution: between solidarity and access justice
Kaarlo Tuori
19. Why there is no 'principle of mutual recognition' in EU law (and why that matters to consumer lawyers)
Steven Weatherill
20. Internal market law and national language policies
Bruno de Witte
Part 3 Competition and Intellectual Property Law
21. Competition law and consumer protection: On the necessity of a common consumer model
Thomas Ackermann
22. Cross-Border Collective Management of Copyright and the EU Services Directive
Josef Drexl
23. Patenting Coffee - IP protection and its impact on innovation in the coffee-capsule market
Reto Hilty and Peter Slowinski
24. Restitution of 'degenerate' art
Jurgen Sacker
Part 4 Product Safety Law
25. Product Safety - A Model for EU Legislation and Reform
Geraint Howells
26. To the question of what should be and what is - Plans and Actuals
Roethe, Thomas
27. Standardisation prior to or instead of Information - a fundamental criticism of the (European) information model for financial and insurance products
Hans-Peter Schwintowski
Part 5 Consumer Contract Law
28. Law and Choice in Consumer Contracts: Views from Law and Economics
Fernando Gomez and Juan Jose Ganuza
29. Against a New Architecture of Consumer Law - A Traditional View
Ewoud Hondius
30. The regulation of digital content B2C contracts in CESL
Marco Loos
31. CREDIT SCORING: Will Our Digital Identity Replace The Real Person?
Rainer Metz
32. Reflections on Hans Micklitz' plea for a 'Movable System' (of Consumer Law) - anything to learn from the experiences of Indian Consumer Law?
Norbert Reich
33. The Low-Income Consumer in European Private Law
Peter Rott
34. From the Kennedy message to full harmonising consumer law directives: a retrospect
Klaus Tonner
35. Contra Emptor Interpretation-Protecting Service Providers from EU law
Christopher Willet
Part 6 Enforcement of Law
36. Towards a rapid claims settlement mechanism for disasters?
Michael Faure and Franziska Weber
37. Enforcement by the New European Supervisory Agencies: Quis Custodiet Ipsos Custodes?
Rob van Gestel and Thomas van Golen
38. Access to Justice and Public Interest Litigation: Getting nowhere quickly?
Laurence Gormley
39. Consumer Redress: Ideology and Empiricism
Christopher Hodges
40. On Beauty and Being Fair - The interaction of national and supranational judiciaries in the development of a European law on remedies
Chantal Mak
41. The Right to Refer to the European Court of Justice - Should it be Limited to the Courts of Last Instance?
Hannes Rosler
42. Procedural Theory in EU Law
Hanna Schebesta
43. Social Networks and Liability - the difficult triangle between network operators, users and third parties in German media law
Gerald Spindler.