Lloyd's Maritime and Commercial Law Quarterly
BOOK NOTICES
NORTH AMERICAN COMMERCIAL LAW edited by Terence Roche Murphy, of the Washington D.C. Bar, J. William Rowley, Q.C., Toronto, and Neville March Hunnings, Barrister. European Law Centre, London (Vol. 1, No. 1, Autumn 1986, vii and 135 pp.). Annual subscription £145. It is becoming increasingly difficult to keep abreast of the burgeoning legal literature in the United Kingdom. The problem is exacerbated for a lawyer engaged in commerce with the EEC. Even then, it is impossible to draw the line, for EEC commercial law cannot be isolated from external legal systems. In particular, North American laws are becoming increasingly significant. And it is especially difficult to extract relevant important materials from the mass of literature generated in that continent. Appreciative of the necessity of keeping up to date with North American materials of particular relevance to EEC commercial lawyers, the editors of this new journal have ambitious aims. Their intention is to publish selections from U.S. and Canadian case law, legislation and bills, agency rules, guidelines, statements of policy, and any other official or semi-official texts which they believe to be of interest. Subjects for particular emphasis include extraterritoriality, antitrust, export and import controls, securities regulation, unitary taxation, products liability, and the law relating to new technologies, especially communications, computers and biomedicine. In this respect, the first issue may or may not be representative. It includes seven American judgments (two on satellite broadcasting), a Canadian statute and a Canadian-U.S. treaty (on antitrust investigations). Fortunately in one sense—for those who throw up their hands in horror at any increase in the literature currently to be digested—there is nothing original. The issue merely produces already existing material. On the other hand, it assists in the task of discovering and selecting the original texts of important North American materials. Inevitably, of course, it cannot attempt comprehensivity. But it must go at least some way to satisfying an existing need and to provide a convenient reminder of transatlantic developments in those areas on which it focuses.
LORD DENNING: THE JUDGE AND THE LAW edited by J. L. Jowell, Professor of Public Law, University College London, and J. P. W. B. McAuslan, Professor of Law, University of Warwick. Sweet & Maxwell Ltd., London (1984, xxxv and 476 pp., plus 2 pp. Bibliography and 8 pp. Indices). Hardback. A collection of scholarly essays on the work of the most influential and controversial judge within the lifetime of all lawyers currently alive today would inevitably be eagerly received. Apart from the human interest in those parts of the book dealing with the man and his work generally, there is much of interest in the specialist chapters on his Lordship’s work in seven particular areas of the law (e.g., equity and trusts, administrative law, and labour law). The coverage is not even (should the longest chapter be on human rights?) or complete and one may wonder whether its composition was too heavily influenced by subjects which have been of current appeal to the mostly academic team of contributors. The first substantive chapter, on “Contract and Tort” was written by Professor Atiyah, who has similarly contributed much to re-examining the common law, with an injection of originally provocative views that have become assimilated into orthodoxy. The title of this chapter follows traditional classifications, leaving it to the Commonwealth contributor, Professor Waddams, to highlight Lord Denning’s contribution to the law of restitution—an area in which he contributed significantly not only in his judgments but also in several articles well before publication of the first edition of Geoff and Jones. More noticeable for present purposes is the role served by this chapter in dealing with Lord Den-
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