bluuebunny/crossref_metadata_2025 huggingface dataset:
Civil Liability for Market Abuse in the UK
Authors: AVGOULEAS EMILIOS
Published: January 2010

This chapter discusses investor remedies for insider dealing and market manipulation under UK statutory law, at common law, and in equity. It is customary to include under the heading of civil liability all forms of liability outside the ambit of criminal law. Civil liability describes the various means of civil redress which are available to investors in the UK and which may be exercised directly by them. Relevant means of redress include statutory actions for compensation, restitution, and contract annulment; petitions to the Financial Services Ombudsman Scheme, which has, inter alia, the power to grant monetary awards; and common law actions in damages, equitable claims for breach of fiduciary duties, and restitutionary remedies. The chapter examines the civil liability framework that deals with market abuse in the UK and identifies its inadequacies with respect to the availability and scope of investor remedies; an enforcement loophole, which inevitably prejudices the effectiveness of the relevant deterrence mechanisms.
Sterne and the ‘New Species of Writing’
Authors: Keymer Thomas
Published: January 2010

Of the plurality of discourses and traditions that bump up against one another in Tristram Shandy, two have dominated attempts to make generic and hence interpretative sense of Sterne's richly heteroglot text. One strain of criticism reads Tristram Shandy as a belated exercise in Renaissance learned-wit; the other as a parody or deconstruction of representational conventions in the modern novel. Each identity, all too often, is presented as exclusive of the other. Yet to acknowledge the prominence of the learned-wit tradition in Sterne's writing need not be to deny the deliberacy of its engagement with newer forms. Instead, we may find a cornucopia of textual relations in which Menippean satire and metafictional self-consciousness coexist and unfold themselves in different intertextual modes, and display, as they do so, a hybridization of traditions and genres that in itself is typically novelistic. Sterne's satirical mode is characteristically determinate, involving necessary connections with specific precursors named, quoted, or otherwise verbally indicated in the text. His novelistic mode is characteristically aleatory, gesturing towards a plurality of potential intertexts through its play on terms, tropes, or conventions that all of them hold in common, but necessarily specifying no single one.
The Practice and Poetics of Serial Fiction
Authors: Keymer Thomas
Published: January 2010

No less significant than Sterne's experiments with the material resources of print technology were his use of, and play on, a commercial innovation that had been fuelling book-trade expansion since the 1730s: serial publication. The protracted and erratic accumulation of Tristram Shandy's original volumes, and the protracted and interrupted experience of its original readers, have major interpretative implications. Through the mechanism of serialization, Sterne engineered something we need to view more as an unstable process than as a static product, and one that renders open and active many of the themes that dominate modern interpretations: the resistance of memory and ongoing experience to textual capture; the human consciousness of time, and the manipulation of time in narrative; the prolonged drama of digressive writing and progressive disease in which Tristram fails to record his life in the past while watching it waste in the present. In this context it becomes possible to see Tristram Shandy not as a parody of 19th-century realism, as Viktor Shklovsky famously suggests, but as a parody of Victorian serial fiction, and of the organizational, temporal, and commercial dilemmas in which it entangled its exponents. The point is epitomized by the experience of George Eliot during the writing of Middlemarch, when she looked incongruously back to Tristram Shandy for an ideal of creative autonomy that eluded her in practice.
Constitutive Citizenship versus Constitutional Rights: Republican Reflections on the EU Charter and the Human Rights Act
Authors: Bellamy Richard
Published: January 2010

Instead of constitutions being seen as establishing a just foundation and framework for politics, they have to be conceived as institutional mechanisms for preserving the civic freedom of citizens to negotiate different views of rights and justice and reach collective agreements that avoid mutual domination. This political view of constitutionalism is related to republicanism. This chapter explores the constitutive function of citizenship and investigates the norms generated by practical exercises of citizenship and their relationship to the standard packages of citizen rights. The struggles over citizenship find their constitutional rationale within a neo-republican view of politics. This neo-rcpublican analysis is applied to the European Union and the United Kingdom, particularly the latter's Human Rights Act 1998. Both are shown to be contested polities which have begun to develop political structures that can be harnessed to the republican scheme of promoting constitutive citizenship practices that foster and promote civic freedom. In each case, attempts to implement a rights-based constitutionalism risk undermining progress in this direction in ways that threaten the legitimacy and hence stability of the resulting settlement.
Tort Law and the Human Rights Act
Authors: Gearty Conor
Published: January 2010

In the United Kingdom, the judges have long been engaged in the discharge of functions of a legislative as well as of a judicial character. Indeed, the responsibility of the English judges for the formulation and development of the common law predates both the establishment of Britain in its present form and the entrenchment of a democratic form of government within the nation's borders. In the 20th century, the ‘evolution’ of the tort of negligence alone saw a great expansion in the liability of property owners, public officials, and others for actions and/or omissions that could be retrospectively characterised as negligent by the courts. This chapter discusses the provisions of the Human Rights Act 1998 and the European Convention on Human Rights which, when viewed together with the Strasbourg case law, demonstrate why it is likely that the Act will have such a large impact on tort law. Some obstacles that lie in the way of a coherent reception of the Human Rights Act into UK law are also considered.
Minority Protection and Human Rights
Authors: Malik Maleiha
Published: January 2010

Adopting a sceptical approach to human rights from the perspective of protection of minorities seems to be a daunting task. Many contemporary national, regional, and international human rights documents were adopted as a response to the horrors of the Holocaust in Europe which required a response. Moreover, as a post-war human rights document which was introduced as a reaction to the atrocities of World War II, minority protection can be seen to be the justification for the creation of the European Convention on Human Rights (ECHR). More recently, thc calls for incorporation of the ECHR have explicitly cited its role in protecting minorities as one of its main virtues. Not surprisingly, it is a common and stubborn assumption that judicially enforced human rights should be the main focus for minority protection, and that the ECHR provides a blueprint for such a strategy. The assumption, however, fails to capture the more complex relationship between minority protection and judicially enforced human rights. This chapter examines the Human Rights Act 1998 of the United Kingdom, procedural liberalism, and participatory democracy.
Rights-Based Constitutional Review in Central and Eastern Europe
Authors: Sadurski Wojciech
Published: January 2010

The post-communist states of Central and Eastern Europe have embraced, almost without reservation, the power of constitutional courts to strike down legislation under constitutional charters of rights. While there have been occasional public expressions of dissatisfaction with this or that major decision, the legitimacy of the constitutional tribunals to replace the legislators' understanding of constitutional rights with its own has gone virtually unchallenged. There are two plausible reasons for this uncritical acceptance of robust, activist, rights-based judicial review in the countries undergoing transition from communist to democratic rule. First, the general acceptance tracks the comparatively high social prestige of constitutional courts in these societies as a whole. The second reason has less to do with general public opinion than with the participants in constitutional discourse (constitutional scholars and judges) themselves. This chapter discusses the model of constitutional review in post-communist states, record of constitutional courts in the field of rights, and judicial activism of rights-based judicial review.
The Effect of a Statutory Bill of Rights where Parliament is Sovereign: The Lesson from New Zealand
Authors: Allan James
Published: January 2010

This chapter examines the first decade of operation of the statutory New Zealand Bill of Rights Act 1990 and the extent to which there have been any judicial moves to ‘upgrade’ it, to make it a more potent instrument than the enactors seemed to intend. Next, and related to these concerns, is the issue of certainty and the degree to which Bill of Rights Act jurisprudence in New Zealand can be said to be settled. There is the further but connected issue of the degree of discretion the judges have given themselves (in that case law) when it comes to applying the Bill of Rights Act. The likely role and powers of unelected judges called upon to operate, apply, and interpret a statutory Bill of Rights Act are also considered. The Bill of Rights gives judges power to strike down legislation and decide controversial questions of social policy over which sincere, intelligent, well-meaning people disagree.
The Australian Free Speech Experiment and Scepticism about the UK Human Rights Act
Authors: Stone Adrienne
Published: January 2010

Australia might seem an unusual place to turn for a perspective on the likely operation of the Human Rights Act 1998 of the United Kingdom. There is no comprehensive Bill of Rights (statutory or constitutional) in Australia and there appears to be no prospect of the adoption of one in the foreseeable future. Nonetheless, Australia's recent constitutional history is marked by a period of rights-conscious constitutional interpretation during which the High Court of Australia went some way to filling the gap left by the constitutional reform process, reinvigorating its interpretation of the common law and the constitution. Most significant is the development of a limited kind of free speech right known as the freedom of political communication. This chapter examines the nine-year history of the freedom of political communication in Australia. That history demonstrates the depth of the challenge presented to courts by entrenched rights. It shows just how quickly courts will be faced with difficult choices between competing visions of rights, and thus with the challenge of defining the values on which any particular right relies.
Syntax and Morphology are Different: Commentary on Jonas
Authors: Anderson Stephen R.
Published: January 2010

This chapter presents a commentary on Chapter 14. It comments on the implausibly ‘legalistic’ correlations in the literature, whereby grammars are said to have V-to-I raising if verbal paradigms distinguish first from second person in at least one tense, or if person morphology is found in all tenses. Under this view, morphology drives syntax, but the driving force is not the morphology of individual verbs but a property of the whole paradigm. The chapter accepts conclusions that the presence of the V-to-I operation does not correlate with morphological distinctions, and emphasizes that syntacticians cannot expect morphology to indicate syntactic structure in some isomorphic fashion.
VO or OV? That’s the Underlying Question: Commentary on Pintzuk
Authors: Nunes Jairo
Published: January 2010

This chapter presents a commentary on Chapter 16, which argues for analyzing Old English in terms of the directionality parameter rather than in terms of Kayne's universal Spec-head-complement order hypothesis. The chapter is organized as follows. Section 17.1 discusses the claim that case morphology plays no role in the change from OV to VO in the history of English. Section 17.2 examines whether some adjacency asymmetries between head-complement and complement-head orders can tease apart two competing approaches. Section 17.3 considers the correlation between certain word-order patterns and scrambling, and suggests a way to derive it under a Kaynean approach. Section 17.4 concludes the chapter.
Introduction
Authors: GRIMMER-SOLEM ERIK
Published: January 2010

This introductory chapter begins with a discussion of one of the most important heterodox variants of economics, the so-called ‘Historical School’ and the emergence of a ‘younger Historical School’ in Germany between 1860 and 1890. It discusses studies on the impact of statistics and historical economics on empirical social research and the emergence of sociology, and the influence of the ‘Historical School’ on American academic disciplines and the social question as a methodological and epistemological problem in German social science The chapter also considers relevance of Gustav Schmoller and historical economics to the history of Imperial Germany. An overview of the subsequent chapters is presented.
Historical Economics and Policy, 1880–1894
Authors: GRIMMER-SOLEM ERIK
Published: January 2010

This chapter addresses the historical economists' reaction to and impact upon the social and economic policy by evaluating their role in the social insurance legislation of the 1880s, as well as in agricultural and industrial policy up to the mid-1890s.
From Science of Reform to the Reform of Social Science: The Methodenstreit
Authors: GRIMMER-SOLEM ERIK
Published: January 2010

This chapter investigates how the historical economists' commitment to social reform led to the famous Metodenstreit (dispute over methods) between Schmoller and the Austrian economist Carl Menger. It traces and evaluates their relationship from the early 1870s, placing this dispute within the context of academic professionalization and the rise of social reform in Austria between 1870 and 1894.
The Practice of Principle
Authors: Coleman Jules
Published: January 2010

This book expands the argument introduced in the Clarendon Lectures in Law presented at Oxford University in the fall of 1998. It introduces and attempts to sustain two different kinds of arguments; the aim is not only to defend a range of views of substantive issues in legal theory, but also to vindicate by example a certain methodological approach to such issues — an approach whose fundamental commitments are those of philosophical pragmatism. The book advances three main theses. Part I defends the view that the core of tort law is best understood as embodying the principle of corrective justice. Part II defends a version of inclusive legal positivism. Part III defends what has been called ‘descriptive jurisprudence’.
Lecture Two— Bilateralism
Authors: COLEMAN JULES L.
Published: January 2010

This chapter argues that economic analysis is unsatisfactory as conceptual analysis. It defends a certain form of conceptual explanation of tort law, which takes the form of showing how a certain principle — the principle of corrective justice — is embodied in tort law. It also offers a variety of reasons for rejecting the economic analysis. It argues that there is a significant gap between the goals or functions that a social practice may happen to serve, and the goals, functions, and other features that constitute the nature of that practice and tell us what it is.
An Economic Analysis of Shared Property in Partnership and Close Corporations Law
Authors: ARMOUR JOHN , WHINCOP MICHAEL J.
Published: January 2010

This chapter describes the main functions of affirmative set partitioning and explains how changing proprietary entitlements can enhance efficiency. Section 3.2 describes how and why activities are organized in firms. Section 3.3 shows that factors such as wealth constraints, time and expertise constraints, and decision-making and risk-bearing costs mean that all the incidents of ownership of a firm's assets cannot be placed in one person's hands. Section 3.4 examines the differences between close corporations and partnership. Section 3.5 considers the implications of the analysis.
Bracketed Flexibility: Standards of Performance Level the Playing Field
Authors: DICKERSON CLAIRE MOORE
Published: January 2010

This chapter explores the role of fiduciary duties in limiting opportunism in closely held businesses. In a closely held firm, high standards of performance are believed to be necessary to constrain opportunism. Yet it is widely recognized that there has been considerable pressure in the US to de-emphasize standards of performance, such a fiduciary duty or heightened good faith, for unincorporated business forms. There is evidence of similar pressure in Europe. The main reason given for opposing standards of performance is that they impede the parties'ability to bargain freely. However, the standards are designed to level the playing field and thus enhance the possibility of meaningful bargaining. The standards accomplish this goal by being flexible and rising in relation to the transactor's power and conflict.
The Evolution of Closely Held Business Forms in Europe
Authors: McCAHERY JOSEPH A. , VERMEULEN ERIK P. M.
Published: January 2010

This chapter considers the possibility of making available new business forms in the EU based on the limited liability company (LLC), which could lead to an increase in the number of start-up firms as well as satisfying the contracting needs of a range of small and medium-sized enterprises (SMEs). It examines theoretical arguments about the importance of new organizational forms, inspired by the LLC, for entrepreneurs and SMEs. It shows how the development of an innovative business form such as the LLC can be expected to strengthen the company law regime of the state choosing to create the statutory innovation, thereby potentially inducing rival member states to supply similar sets of rules.
Taxation of Partnerships/Hybrid Entities
Authors: ESSERS PETER , MEUSSEN GERARD T. K.
Published: January 2010

This chapter examines the Dutch approach to partnerships and offers a critical evaluation of the tax treatment of the US limited liability company (LLC) in the Netherlands. Section 16.2 offers an overview of the fundamental conflicts involving tax treatment of partnerships. Section 16.3 analyzes initially UK and Dutch treatment in dealing with the tax position of foreign entities while Section 16.4 concludes.
Characteristics of Belle Époque Regionalism
Authors: WRIGHT JULIAN
Published: January 2010

The revision of common assumptions about Belle Époque regionalism in France depends on a detailed study of the thought and actions of Jean Charles-Brun and his closest allies. Many of the misconceptions about French regionalism are the result of misunderstandings, not about the subtlety of Charles-Brun's political philosophy, but about the fundamental elements of the movement and, in particular, the regionalists' aims. Before elaborating those aims in more detail, this chapter examine Charles-Brun's own life and career, including his failed candidature in the 1906 legislative elections, his support of the Alliance républicaine from 1908, his engagement at a philosophical level with the federalism of Pierre-Joseph Proudhon, or his complicated relationship with the Christian democratic movement in the 1890s. The personal qualities of Charles-Brun which made the greatest impression on the Fédération Régionaliste Française were his irony and his belief in reconciliation.
The Development of the Frf
Authors: WRIGHT JULIAN
Published: January 2010

Action was central to the ideas of the Belle Époque regionalists in France. The initial projects of the Fédération Régionaliste Française (FRF) exceeded Jean Charles-Brun's hopes. He declared in the Action régionaliste that the number of journals that had taken note of the congresses of 1900 and 1901 was impressive: judging this by the standard of his own experiences in the Sillon, the Cahiers occitans, or the Félibrige, Jean Charles-Brun was right. FRF had taken up the mantle of the existing campaign for decentralisation and provided a link between the different regionalist groups. Nevertheless, after the initial burst of enthusiasm the FRF had to find better practices and seek out new personnel. There were two phases of realignment when the regionalists, aware that they were in danger of lapsing into a bourgeois discussion group with little purchase on public opinion, attempted to push the movement forward with new vigour. One important critique of the FRF prior to World War I was led by the politician and future ambassador Jean Hennessy.
Social and Political Reconciliation
Authors: WRIGHT JULIAN
Published: January 2010

Before discussing in detail Jean Charles-Brun's political engagement with the movement to educate the working class in France and his attempt to find a middle path through the political controversies of his day, this chapter looks at his views on feminism. The fine balance in Charles-Brun's feminism may be seen as a microcosm of his views on relations between the classes. His notion of women and their role in society were firmly situated within his Catholicism. Charles-Brun's earliest comments on gender issues were clearly conservative, and his feminism was underpinned by his vision of a religion engaged with social reality. The quest for reconciliation was such a fundamental part of Charles-Brun's thinking that it is hardly surprising to find him active on behalf of the moderate syndicalist organisations and other groups that sought to build social harmony through working class education. Charles-Brun's engagement with politics between 1906 and 1909 demonstrates that he situated his belief in regionalism firmly within the context of republicanism and its renewal.
Introduction
Authors: Reydams Luc
Published: January 2010

This introductory chapter begins with a brief description of the purpose of the book, which is about the jurisdiction of a State to prosecute and punish foreigners who commit crimes abroad against foreigners. It explains the concepts and terminology used in the book. An overview of the subsequent chapters is presented.
Working Frame
Authors: Reydams Luc
Published: January 2010

This chapter outlines an international legal framework for the problem of extraterritorial jurisdiction in general. It begins with the Lotus case of 1927, which remains the only international decision about a State’s right to exercise criminal jurisdiction. It then examines the consequences of ultra vires jurisdiction, as well as possible remedies. The chapter shows the connection between extraterritorial jurisdiction, extradition, and human rights, and then discusses the burden of proof in litigation regarding extraterritorial jurisdiction. It concludes with some reflections on the impacts of globalization on jurisdiction.
Belgium
Authors: Reydams Luc
Published: January 2010

This chapter discusses universal jurisdiction in Belgium. The chapter is organized as follows. Section A presents a tour d’horizon of the ambit of the country’s criminal law. It then considers the standing victims in criminal proceedings and the application of the principles of double criminality, lex mitior, and ne bis in idem. Section B deals with cases of universal jurisdiction or with judicial decisions in which the issue was raised. Section C concludes with a brief summary of the chapter.
France
Authors: Reydams Luc
Published: January 2010

This chapter discusses universal jurisdiction in France. The chapter is organized as follows. Section A presents a tour d’horizon of the ambit of the country’s criminal law. It then considers the standing victims in criminal proceedings and the application of the principles of double criminality, lex mitior, and ne bis in idem. Section B deals with cases of universal jurisdiction or with judicial decisions in which the issue was raised. Section C concludes with a brief summary of the chapter.
Israel
Authors: Reydams Luc
Published: January 2010

This chapter discusses universal jurisdiction in Israel. The chapter is organized as follows. Section A presents a tour d’horizon of the ambit of the country’s criminal law. It then considers the standing victims in criminal proceedings and the application of the principles of double criminality, lex mitior, and ne bis in idem. Section B deals with cases of universal jurisdiction or with judicial decisions in which the issue was raised. Section C concludes with a brief summary of the chapter.
The Competing Jurisdictions of International Courts and Tribunals
Authors: Shany Yuval
Published: January 2010

Recent years have witnessed a sharp increase in the number of international courts and tribunals (WTO, NAFTA, ITLOS, ICC, etc.) and greater willingness on the part of states and other international actors to subject themselves to the compulsory jurisdiction of international adjudicative mechanisms. However, because of the uncoordinated nature of these developments, overlaps between the jurisdictional ambits of the different judicial bodies might occur, i.e., the same dispute could fall under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordination between the various jurisdictions. The purpose of this book is to explore the implications of jurisdictional competition and to identify standards that may alleviate problems associated with the phenomenon, which arguably threatens the unity of international law. The first part of the book examines the jurisdictional ambits of the principal international courts and tribunals and delineates areas of overlap between their respective jurisdictions. There follows a discussion of some of the potential systematic and practical problems that arise out of jurisdictional competition (such as forum shopping and multiple proceedings) and a consideration of the expediency of mitigating them. The book concludes by identifying existing rules of international law, which govern inter-jurisdictional competition, and by considering the desirability of introducing additional norms and arrangements.
What Constitutes Competing Proceedings?
Authors: SHANY YUVAL
Published: January 2010

This chapter begins with a description of the term ‘jurisdictional competition’ (or overlap), which means that a certain dispute can be addressed by more than one available forum. It then discusses traditional jurisdictional-regulating rules and the conditions for the application of traditional rules.
The Art of Love
Authors: Gibson Roy , Sharrock Alison
Published: January 2010

This collection of essays on Ovid's corpus of erotodidactic poetry from an international contingent of Ovidian scholars finds its origins in a major conference held at the University of Manchester in 2002. The contributors between them offer a series of perspectives on the issues that have dominated scholarship on the poems in recent decades: questions of genre, intertextuality, narratology, and reception; the socio-historical Augustan context for the poems; and the nature of ‘love’ as it is constructed in the poems. Moreover, the introduction provides a comprehensive history of scholarship on the poems in the last fifty years, in which the current papers are situated. As the first collection of critical essays on Ovid's erotodidactic poetry to appear in English, one final aim of the present volume (and its original conference) is to bring together the important cultural or national traditions – German, Italian, Anglophone (British, Irish, and American) – of scholarship on the Ars and Remedia that have so far existed largely in isolation.
Lessons in Love: Fifty Years of Scholarship on the Ars Amatoria and Remedia Amoris
Authors: Green Steven J.
Published: January 2010

This chapter explores the critical scholarship on Ovid's Ars Amatoria and Remedia Amoria over the past fifty years, and situates the present contributions into that scholarship.
Vixisset Phyllis, si me foret usa magistro Erotodidaxis and Intertextuality
Authors: Kennedy Duncan F.
Published: January 2010

This chapter takes up the invitation offered by the praeceptor in Ars 3 to (re-)read the Heroides as part of an implicit love-lesson: by ‘re-enacting’ scenarios in the letters with a certain level of detachment, Ovid suggests that the pupil may be able both to empathise with the heroine's words and to assess their erotodidactic significance. Focussing on two of the letters – those of Ariadne and Phyllis – the chapter demonstrates how the Heroides can be used by the female reader both to reinforce the praeceptor's advice and to offer additional, ‘extra-curricular’ instruction.
In Ovid With Bed (Ars 2 and 3)
Authors: Henderson John
Published: January 2010

This chapter argues that the apparent ‘surprise’ of a third book to the Ars – addressed to women – has, in fact, been subtly telegraphed by Ovid's assertions in Ars 1-2 of the need for parity between the sexes and for the male to be vanquished.
Ars Amatoria Romana: Ovid on Love as a Cultural Construct
Authors: Katharina Volk
Published: January 2010

This chapter, concentrating on the rhetoric of the praeceptor, argues that love-making is presented in Ars specifically as a cultural construct, in that the poem's instructions are consciously directed towards a specific audience, namely certain sectors of Roman society, at a (broadly) specific time, namely contemporary Augustan Rome.
Sex Education: Ovidian Erotodidactic in the Classroom
Authors: Hexter Ralph
Published: January 2010

This chapter charts the curious history of Ovid's erotodidactic works as school texts over the past thousand years, in which the poems became popular for either their (innocent) Latinity or their raunchy messages.
Path Predicates
Authors: ERTESCHIK-SHIR NOMI , RAPOPORT TOVA
Published: January 2010

This chapter explores the connection among the various types of predicates that can describe sequential change, such as advance, cool, march, and flash. The examination is conducted within a theory of the lexicon–syntax relation, in which the meanings of verbs are decomposed into atomic meaning components, each of which is free to project syntactic structure. There are three possible projected predicate types, each having a particular aspectual interpretation. The combination of the projected structure and its interpretation, and a requirement of the interpretation of all verbal components, allows the various predicate meanings to be derived from a verb's single lexical representation. Within this framework, the incremental and iterating change predicate types are all analysed as path – or plural – predicates, and their particular syntactic and aspectual properties are accounted for.
Tense, Person, and Transitivity
Authors: GUÉRON JACQUELINE
Published: January 2010

This chapter argues that each syntactic phase of the sentence is associated with a distinct construal. In the VP phrase, all interpretation is spatial; in the TP/CP phrase, all interpretation is temporal. It replaces holistic theta-roles assigned to predicates in the lexicon by fragmentary spatial or temporal event functions assigned in specific syntactic domains. It also replaces transitivity between arguments by transitivity between spatial or temporal formal features of arguments. This theory of ‘split interpretation’ accounts for grammatically economical instances of a single lexical item, receiving either a spatial or a temporal construal depending on its syntactic position. The theory is also empirically superior to theta-role theory. It accounts for the fact that arguments which never leave VP are interpreted solely in spatial terms, while arguments which never occur in VP, such as the dative benefactive argument, have no spatial properties at all, but only psychological properties. The chapter shows that theta-roles like Agent or Possessor are better analysed as umbrella terms for arguments which accumulate several elementary spatial or temporal functions in distinct syntactic positions. Construal mechanisms located at the syntax–semantics interface unify the fragmentary arguments and transitivity relations derived in syntax. The interaction of three such construal mechanisms – chain construal, A-binding, and metonymy – in inalienable possession and control structures are discussed.
2 Constitutionalization: The Received Account
Authors: CASS DEBORAH Z.
Published: January 2010

This chapter draws on international, supranational, and domestic legal theory to identify what constitutionalization means, before examining the term in the specific context of the WTO. It identifies an account of constitutionalization which, traditionally, has been used to analyze changes in political and legal systems. This model, called the received account of constitutionalization, emphasizes the presence of six core elements: the emergence of constraints on political, social, and economic behaviour; a new Grundnorm or rule of recognition; political community; deliberative process; realignment of relationships within that community; and social legitimacy.
Failure of Consideration
Authors: Virgo Graham
Published: January 2010

Where the claimant transfers a benefit to the defendant pursuant to a transaction which is subject to a condition, or a basis, and this condition has not been satisfied, it is possible to conclude that there has been a failure of consideration and this may enable the claimant to bring a restitutionary claim. Failure of consideration is not a ground of restitution in its own right but is rather a general principle which underlies the existence of a number of particular grounds of restitution that are especially important in the modern law of restitution. This chapter discusses the principle of failure of consideration, the grounds of restitution which are founded on the principle of failure of consideration, failure of the defendant to perform his or her part of the bargain, nature of the enrichment, relationship between damages for breach of contract and restitution to reverse unjust enrichment, total failure of consideration, partial failure of consideration, and void contracts.
Illegality
Authors: Virgo Graham
Published: January 2010

All restitutionary claims, regardless of the underlying cause of action, are subject to a defence of illegality. This stems from the fundamental principle of law, known as ex turpi causa non oritur actio, that the courts will generally not assist the claimant to obtain a remedy where his or her action is founded on an illegal transaction. There is, however, another principle which is particularly relevant to restitutionary claims, and this is known as the in pari delicto potior est conditio defendentis defence. If the claimant seeks restitution in connection with a transaction which was tainted by illegality, the claim may be defeated by the in pari delicto defence. This chapter discusses the general principles of illegality, illegality at common law, consequences of a transaction being tainted by illegality, methods for avoiding the operation of the in pari delicto defence, vindication of proprietary rights despite illegality, and reform of the law.
Variation
Authors: FREEDLAND FBA MARK R.
Published: January 2010

This chapter considers the way in which the idea of variation is formulated and treated within the law of personal work or employment contracts, and how the treatment of variation fits into the analysis of the way that the law of personal work or employment contracts functions and fulfills its task. It argues that the courts and tribunals have tended, in their approach to the variation of personal work or employment contracts, towards a greater understanding than had previously been displayed of the personal work or employment contract as a relational contract. This tendency challenges the analysis of the contract of employment as a relational contract.
Lawful Termination by the Employing Entity
Authors: FREEDLAND FBA MARK R.
Published: January 2010

This chapter forms the first in a sequence of four final chapters of this work which between them present and seek to develop a radical critique of the law concerning the termination and transformation of personal work or employment contracts. It argues that the starting point for a set of concerns about the coherence of this body of law can be found in the dominant conception, of the powers of termination possessed by the employing entity, as essentially unfettered ones. This conception asserts itself as a less than fully reasoned or justified but constant feature of a body of jurisprudence about the termination of contracts of employment, which is torn between two genres of adjudication — one of which arises in the context of claims to common law and equitable remedies, while the other has developed in the very different context of adjudication about statutory employment rights, such as the right to remedies for unfair dismissal.
Palestine: Zionism and the Genesis of the Mandate
Authors: Fieldhouse D. K.
Published: January 2010

Mandatory Palestine, built from the sanjaq of Jerusalem and two southern sanjaqs of the vilayet, was unique in British imperial history. Hitherto all British dependencies had fallen into two broad categories: colonies of occupation and colonies of settlement. The first, ranging from India and Nigeria to Gibraltar, were held because they were thought to fulfil some of a wide range of economic or strategic purposes. The second, such as Australia and Canada, were acquired mainly for settlement by Britons. Palestine did not fit either category, as it should have been a quasi-colony of occupation, yet it was treated as a colony of settlement. This chapter explains this seemingly irrational fact.
Transjordan, 1918–1956
Authors: Fieldhouse D. K.
Published: January 2010

This chapter outlines the genesis of Transjordan as an entity from 1918, emphasizing the influence of Britain as mandatory. It examines the complexities of its relations with the Zionists to 1949, and discusses the fortunes of the regime to 1956 and the final break with the British connection. Transjordan was in many ways the most remarkable of the post-1918 European mandates, in part because it was the only Arab mandate or state that had a continuously close relationship with the Zionist enterprise from its early days, and after 1948 with Israel. That relationship was not always amicable, but it was always fundamental to Transjordanian existence.
Syria and the French, 1918–1946
Authors: Fieldhouse D. K.
Published: January 2010

This chapter examines two major questions central to any study of the French mandate in Syria (and also of Lebanon) between 1918 and 1946. First, why the French were so determined to get political control over Syria and why they never voluntarily conceded independence to it. Second, why Syria proved to be a relatively docile French dependency for so long, despite the fact that it was the centre of Arab nationalism before 1914 and was the first Arab territory to declare itself an independent state between 1918 and 1920. The answer to the first question lies in the labyrinthine structure of French domestic politics and interest groups before and after 1918, while the answer to the second question lies in the complexities of the Syrian social structure, which alone made it possible for the French to make some form of compromise with the social elite of notables, who in turn provided sufficient collaboration to make the alien regime viable.
Effective Quantum Electrodynamics In 3He-A
Authors: GRIGORY E. VOLOVIK
Published: January 2010

As distinct from Bose superfluids where only the effective gravity arises, in the fermionic vacuum there appear in addition all the ingredients of the Standard Model — chiral fermions and effective gauge fields. In 3He-A the spin of the fermionic quasiparticle originates from the Bogoliubov–Nambu spin, while the nuclear spin of the bare 3He atoms plays the role of SU(2) isospin in emerging relativistic quantum field theory. This chapter discusses effective quantum electrodynamics (QED) in 3He-A, effective electric charge, topological invariant as a generalisation of fermionic chirality, effective metric viewed by quasiparticles, gauge invariance and general covariance in a fermionic sector, light and gauge bosons as collective modes of quantum vacuum, the zero-charge effect (logarithmic screening of electric charge provided by vacuum polarization), the role of discrete symmetries in the formation of effective Yang–Mills gauge fields, the mass of W-bosons, flat directions, and the dynamic restoration of Lorentz symmetry.
Momentum Space Topology of 2 + 1 Systems
Authors: GRIGORY E. VOLOVIK
Published: January 2010

This chapter discusses the momentum space topology of 2+1 systems. In the D = 2 space the possible manifolds of gap nodes in the quasiparticle energy are point nodes and nodal lines. The nodal lines are described by the same invariant as Fermi surfaces, while point nodes are typically marginally stable: they may be topologically protected being described by the Z2 topological charge. The chapter focuses on topologically non-trivial fully gapped vacua — vacua with fully non-singular Green's function. The topological invariant for the gapped 2+1 systems is introduced either in terms of Hamiltonian (where the relevant topological object in momentum space is the p-space skyrmion) or in terms of Green's function (the invariant is obtained by dimensional reduction from the invariant describing the point nodes in 3+1 space). Examples are provided by p-wave and d-wave superfluids/superconductors. Topological quantum phase transitions are discussed at which the integer topological invariant changes abruptly. Topological transition occurs via the intermediate gapless state, and the process represents the diabolical point — analog of magnetic monopole — the termination point of Dirac string at which the Berry phase has singularity. The chapter also discusses broken time reversal symmetry, families (generations) of fermions in 2+1 systems, and Dirac vacuum as marginal state with fractional topological charge.
pegas: an R package for population genetics with an integrated–modular approach
Authors: Paradis Emmanuel
Published: January 2010

Summary: pegas (Population and Evolutionary Genetics Analysis System) is a new package for the analysis of population genetic data. It is written in R and is integrated with two other existing R packages (ape and adegenet). pegas provides functions for standard population genetic methods, as well as low-level functions for developing new methods. The flexible and efficient graphical capabilities of R are used for plotting haplotype networks as well as for other functionalities. pegas emphasizes the need to further develop an integrated–modular approach for software dedicated to the analysis of population genetic data.

Availability: pegas is distributed through the Comprehensive R Archive Network (CRAN): http://cran.r-project.org/web/packages/pegas/index.html Further information may be found at: http://ape.mpl.ird.fr/pegas/

Contact:  emmanuel.paradis@ird.fr
COPS Benchmark: interactive analysis of database search methods
Authors: Frank Karl , Gruber Markus , Sippl Manfred J.
Published: January 2010

Summary: The performance of sequence database search methods is usually judged by receiver operating characteristic (ROC) analysis. The proper interpretation of the results obtained and a fair comparison across different methods critically depends on the properties of the data set used for such an analysis; in particular, each query must have the same number of true positives and true negatives. Here, we present a novel web service based on a dataset specifically designed for ROC analysis and the investigation of alignment quality. The data set is derived from a quantitative classification of protein structures (COPS), while analysis and results are presented through an intuitive web interface. The analysis provides details such as false positives per query, and visualization of the structural similarity between query and targets. Most importantly, results obtained for a specific alignment method are immediately related to those obtained for several popular standard sequence alignment methods.

Availability: The COPS-Benchmark service is available at http://benchmark.services.came.sbg.ac.at

Contact:  publications@came.sbg.ac.at
A censored beta mixture model for the estimation of the proportion of non-differentially expressed genes
Authors: Markitsis Anastasios , Lai Yinglei
Published: January 2010

Motivation: The proportion of non-differentially expressed genes (π0) is an important quantity in microarray data analysis. Although many statistical methods have been proposed for its estimation, it is still necessary to develop more efficient methods.

Methods: Our approach for improving π0 estimation is to modify an existing simple method by introducing artificial censoring to P-values. In a comprehensive simulation study and the applications to experimental datasets, we compare our method with eight existing estimation methods.

Results: The simulation study confirms that our method can clearly improve the estimation performance. Compared with the existing methods, our method can generally provide a relatively accurate estimate with relatively small variance. Using experimental microarray datasets, we also demonstrate that our method can generally provide satisfactory estimates in practice.

Availability: The R code is freely available at http://home.gwu.edu/~ylai/research/CBpi0/.

Contact:  ylai@gwu.edu

Supplementary information:  Supplementary data are available at Bioinformatics online.
MSMSpdbb: providing protein databases of closely related organisms to improve proteomic characterization of prokaryotic microbes
Authors: de Souza Gustavo A. , Arntzen Magnus Ø. , Wiker Harald G.
Published: January 2010

Summary: The Microbial Proteomic Resource (MPR) is a repository service that contains non-redundant protein databases of related bacterial strains, which were generated through an in-house developed software called Multi-Strain Mass Spectrometry Prokaryotic DataBase Builder (MSMSpdbb). MSMSpdbb merges and clusters protein sequences inferred from genomic sequences, and provide a protein list in FASTA format that covers for divergence in gene annotation, translational start site choice and presence of single nucleotide polymorphisms and other mutations.

Availability: MSMSpdbb was developed in C++ using the Qt libraries (Nokia) and licensed under the GNU General Public License version 2. MSMSpdbb is freely available, and its installation files, instructions for use and additional documentation can be found at the MPR web site http://org.uib.no/prokaryotedb/ can also be found at Proteomecommons.org (see Supplementary Methods for Hash number).

Contact:  Gustavo.Souza@biomed.uib.no

Supplementary information:  Supplementary data are available at Bioinformatics online.