bluuebunny/crossref_metadata_2025 huggingface dataset:
Literature, Propaganda, and the First World War: The Case of Blackwood’s Magazine
Authors: Finkelstein David
Published: November 2023

Former editors of Blackwood’s Magazine (or Maga as it was universally known) cherished the following anecdote of a near death experience. It is February 1918, and in a dugout on the Arras line in France, a soldier sits reading his favourite monthly journal. The call to arms is sounded and, slipping the issue into a pocket of his trenchcoat, the soldier prepares for duty. A shell explodes nearby, sending shrapnel spinning through the trenches. A fragment finding its way to him is stopped by the thick pages of the magazine nestling in his breast pocket. The chewed-up pages of the journal are subsequently sent to Edinburgh as proof that Blackwood’s Magazine possesses miraculous powers. The relic is still preserved in the archives of the National Library of Scotland.
‘Between the Saxon Smile and Yankee Yawp’: Problems and Contexts of Literary Reviewing in Ireland
Authors: Longley Edna
Published: November 2023

Impartial cnt1c1sm is a more than usually delicate task where a small country like Ireland is concerned. When the intellectual centre is confined within a restricted area, personal relations are unavoidable, and the critic finds discretion imperative, if he is to continue to dwell peaceably in the midst of his friends … The effect … of this absence of critical judgement, publicly expressed, has been that honest criticism prefers to be silent where it cannot praise. Consequently there is a lack of intellectual discipline which allows the good and the mediocre to struggle on equal terms for recognition. In Ireland we have become accustomed to hearing Irish writers either enthusiastically advertised by the English press, or denounced as charlatans, usurping the fame reserved for genuine heirs of England’s glory ... We cannot expect others to show more discrimination than ourselves.
Between Metaphysics and Scientism: Rehistoricizing VÍctor Erice’s El espiritu de la colmena (1973)
Authors: Smith Paul Julian
Published: November 2023

There seems little doubt that Vfctor Erice is the consummate Spanish art director. A recent reading of his first feature, El espiritu de la colmena (I973), by Santos Zunzunegui begins by stating that there is a ‘fundamental agreement’ amongst critics that Erice’s work constitutes not only the high point of Spanish cinema of all time, but also one of the most notable examples of contemporary Spanish art in general (I994: 42). It is characteristic of Erice’s reception abroad that in Britain Elespiritu de la colmena is distributed in a video collection which bears the name ‘Art House’. The most cursory examination of Spanish press coverage of Erice’s career reveals the preconceptions implicit in such a term: his films are favourably contrasted with more commercially successful Spanish cinema.
Motherland: Space, Femininity, and Spanishness in Jamon jamón (Bigas Luna, I992)
Authors: Deleyto Celestino
Published: November 2023

AMÓN jamón (1992) was the first and commercially most successful film of Bigas Luna’s ‘Trilogía Ibérica’, followed the next year by Huevos de oro and, finally, La teta y la luna (1995). The three films provide different but interconnected views of contemporary Spain: Jamón jamón is set in a rural area of Aragón; the central and longest part of the action of Huevos de oro takes place among the sky-scrapers of Benidorm, Spain’s most popular tourist resort on the Mediterranean; and the story of La teta y la luna is situated in a little village in the autonomous region of Catalonia. The films are, therefore, more consciously than, for example, those of Pedro Almodóvar, explicit attempts to present a cultural tapestry of Spain in the last decade of the twentieth century. In all three cases, the main emphasis is on gender relationships and sexuality.
Indians and Irish from Montaigne to Swift
Authors: Rawson Claude
Published: November 2023

At the end of Gulliver’s Travels, Gulliver contemplates his ‘Duty as a Subject of England’ to inform the Secretary of State of the countries he has visited, ‘because, whatever Lands are discovered by a Sub ject, belong to the Crown’ (IV. xii. 293). He decides against doing this for various reasons. Either the conquests would be worthless (in the case of the tiny Lilliputians), or else the inhabitants might defeat the invader, a prospect Gulliver contemplates with a certain glee. ‘I doubt’, he explains, invoking a familiar American example, ‘whether our Conquests in the Countries I treat of, would be as easy as those of Ferdinando Cortez over the naked Americans.’ Moreover, some of the societies ought in his view be civilizing us, instead of the other way round. These reasons belong to familiar debates about empire, and their implications, which are not as simple as they might appear, are part of the subject of this book.
‘Something is Taking its Course’: Dramatic Exactitude and the Paradigm of Serialism in Sarnuel Beckett
Authors: White Harry
Published: November 2023

A remarkable feature of Waiting for Godotis that it constitutes not an end, but a beginning. A body of work, including Beckett’s own dramatic writings, is derived from it. Notwithstanding George Steiner’s eloquent (if dismissive) characterization of Godotas a dessicated epilogue to tragic drama, the modal integrity of Beckett’s voice has long been acknowledged as a vital presence in post-war European theatre. His work is at once a persuasion towards the absolute condition of silence and a wager on the intelligibility of dramatic discourse nevertheless. The strategic inventories of that discourse, in which language attains to a fundamental critique of meaning, ironize and undermine the accord between rhetoric and experience which signifies intelligence in the classical drama. Beckett’s disengagement from that accord, no more
Proust and Schopenhauer: Music and Shadows
Authors: Pilling John
Published: November 2023

Beckett’s only extended assessment of what music might mean occurs toward the end of his first commercially published book, the critical essay Proust(1931).Like much else in Proust,though rarely elsewhere in the essay so explicitly, Beckett’s discussion is effectively applied to Schopenhauer, his source the celebrated excursus on music in the fiftysecond chapter of volume i of The World as Will and Representation,but with account taken also of chapter 39 of volume ii (‘On The Metaphysics of Music’).Beckett’s Proustbook is throughout predominantly ‘metaphysical’, irrespective of whether or not music is its focus, as indeed it could hardly help but be with so much of Schopenhauer contributory to its making.
Philip Glass
Authors: Bryden Mary
Published: November 2023

It was in Paris, which of course is a very good place in which to become interested in Beckett! That would have been in 1964 or 1965.

PG. Almost entirely through the theatre, when I was in Paris. But I had already read the Trilogy, in the early 1960s, before going to Paris. You have to remember that this was over thirty years ago, and at that time Beckett was pretty much an unknown figure. He stayed that way for a long time. I can tell you a funny story about that. In 1955, I happened to be passing through London, on my way to New York, and someone offered me tickets to a play at the Arts Theatre Club. I had never heard of the writer, and turned down the invitation that night. It turned out to be Waiting for Godot.The first production. I could have seen it! But I missed it.
Ruskin and Social Reform
Authors: Harris Jose
Published: November 2023

Fifty years ago Ruskin was widely and, with rare exceptions, approvingly regarded as a major moral and practical inspiration behind the public welfare reforms of wartime and post-war Britain. His influence, remarked the then Master of Balliol, A. K. Lindsay, was ‘so far-reaching that today it is difficult for us to realise the perversity and the power of the economic teaching which he fought’. Social security from the cradle to the grave, public ownership of key industries, state patronage of culture, planned new towns, and policies of full employment were all seen as clearly foreshadowed in Ruskin’s writings on social philosophy of the r86os and 1870s, particularly Unto This Last and Fors Clavigera.
Contempt In The Face Of The Court
Authors: Miller C J
Published: November 2023

A court of law must be able to maintain within its confines an atmosphere con4.01 ducive to orderly proceedings so that justice may be done. It is the law of contempt which has played the predominant part in achieving this goal in English law. It enables all courts of record to treat as a contempt conduct which interferes with the administration of justice in the court itself. The nature of the punishment which may be imposed has been discussed in the previous chapter where it was noted that like county courts, magistrates ‘ courts now have a statutory power to punish persons who disrupt proceedings. This chapter discusses the circulamstances in which the summary procedure may be adopted without the institution of formal proceedings, and the procedural safeguards which must be observed. It also provides a number of examples of this aspect of contempt and discusses some of the issues raised by particular categories of potential offenders. Also considered is the desirability of the current summary procedure for dealing with contempt in 1 See above, paras. 3.92-3.100.
Victimization Of Jurors, Witnesses, And Other Persons After The Conclusion Of Proceedings
Authors: Miller C J
Published: November 2023

In an earlier chapter it was noted that where jurors or witnesses are intimidated 11.01 before or during the proceedings the matter may be dealt with, inter alia, either as an offence under the Criminal Justice and Public Order Act 1994, s. 51, or as a contempt of court. The same is true of the threat or infliction of harm after the juror or witness has concluded his or her role in the proceedings.
Scandalizing A Court Or Judge
Authors: Miller C J
Published: November 2023

It has long been clear that a contempt may be committed through publishing mate- 12.01 rial, such as an accusation of bias or corruption, which interferes with the administration of justice by ‘scandalizing’ a court or judge. There is no requirement that the comment be published pendent elite, or indeed that it be linked to any particularproceedings at all, for the concern is with the broader issue of preventing the undermining of public confidence in the administration of justice.
Financial Conglomerates and the Chinese Wall
Authors: MCVea Harry
Published: November 2023

The growth of financial conglomerates, offering a range of services hitherto unprecedented, has caused problems for regulators. While conglomerates bring with them many economic benefits (diversification of risk, economies of scope, etc), they also impose costs (systemic risk and conflict of interest abuses). This book explores ways in which regulators can ensure that the regulation imposed is sufficiently strong to eradicate these abuses, but at the same time sufficiently flexible to allow the benefits of conglomeration to be secured. The Chinese Wall-a regulatory mechanism aimed at stemming the flow of information from one department in a firm to another, and reconciling conflicts of interest more generally-is singled out for special treatment. The legal position of the device, which has become all the more important in the wake of the recent Law Commission inquiry into the relationship between the Financial Services Act 1986 (and the rules made under it) and the general law, is considered in detail. The author argues that an effective Chinese Wall will, in most cases, be legally sufficient to absolve a firm from potential liability at general law, but that there are situations where Chinese Walls are not satisfactory. Here the conglomerate will have to suffer the commercial disadvantages of being a fiduciary by adopting a different, albeit more restrictive, regulatory option.
Introduction
Authors: MCVea Harry
Published: November 2023

The processes of deregulation and reregulation are assuming greater importance in financial markets world-wide. When formulating policy, governments are being put under increasing pressure to ensure that their financial sectors do not lag behind either the needs of the economy as a whole, or the rigours of a fast-changing international financial environment. The policy goals which governments seek to secure include: investor confidence, consumer protection, safety and soundness among financial institutions, efficiency, competition, and the need to ensure that economic power does not become concentrated in the hands of any one sector of the financial services industry.1 Invariably these goals conflict. For example, regulation may bring benefits in terms of consumer protection but add costs by making firms less competitive. As a consequence, some form of ‘trade-off’ needs to be achieved. The concepts of deregulation and reregulation play an important part in this process.
Insider Dealing: The Nature of the Problem
Authors: MCVea Harry
Published: November 2023

Insider dealing has been the focus of regulatory attention on both sides of the Atlantic for some time now. Characters such as Ivan Boesky, Dennis Levine, and Geoffrey Collier have been publicly vilified for engaging in what has sometimes been described as the ‘unacceptable face of capitalism’.1 But what is so bad about insider dealing? Why does it invariably attract such condemnation? Is regulation really defensible, or should the practice be left unfettered by regulatory controls? The answer to these questions (particularly the last) has important ramifications for the raison d’etre of the Chinese Wall mechanism. The argument developed in this chapter is that insider dealing is undesirable and ought to be regulated at all levels; that the prohibition of the practice has a rational basis; and that many of the arguments advanced by those who favour unfettered insider dealing are seriously flawed.
The Chinese Wall: A Policy Analysis
Authors: MCVea Harry
Published: November 2023

Up until the recent Law Commission inquiry, the policy assessment of the Chinese Wall in Britain had been shallow, failing to highlight clearly the crucial issues upon which adoption of the mechanism rests. Comments in the Gower Report and the Government White Paper implied that although it would be wrong to treat the mechanism as a panacea to the problem of increased access to inside information, it was not to be discarded as wholly useless. This initial, and somewhat cautious, approach would no longer appear to represent the mainstream view. As shown in Chapter 7, the widespread use of the Chinese Wall by the regulatory authorities has made the mechanism the linchpin of the financial conglomerate regulatory system: the operation of financial conglomerates would be severely impeded if Chinese Walls were not permitted.
The Recovery of a Director’S Improper Gains: Proprietary Remedies for Infringement of Non-Proprietary Rights
Authors: Goode Roy
Published: November 2023

D is a director of a development company, P, a public limited liability company in which D holds a substantial block of shares. He is also the chairman and controlling shareholder of X, a large private limited liability company engaged in a similar line of business. During the course of his travels D meets Charles, a wealthy landowner, who is impressed by D and some months later approaches him to see whether he would be interested in buying a substantial area of land suitable for residential development. A price is agreed and D arranges for X to purchase the land and to construct a high class residential estate. Several of the houses on the estate are sold, part of the proceeds being used by X to pay for equipment and the rest placed on deposit with X’s bank.
The Treatment of Trust Assets in English Insolvency Law
Authors: Anderson Hamish
Published: November 2023

It is in the context of insolvency law that the distinction between proprietary rights and personal monetary obligations is likely to be most significant. The personal rights of beneficiaries may be of no value against an insolvent trustee; beneficiaries may be wholly dependent on their proprietary rights to the trust assets. This chapter is concerned with the treatment of property held by an insolvent person on trust for one or more third parties. It is not concerned with the situation in which a beneficial interest in property, held on trust by a third party, constitutes part of an insolvent estate. The existence of a perfected trust obligation enforceable by or on behalf of a cestui que trust will necessarily be assumed. Such questions are discussed elsewhere.
The Emperor in the Legal World
Authors: Honoré Tony
Published: November 2023

WHAT were the respective roles of the emperor and his legal advisers in answering petitions from private individuals that raised legal issues? To understand third-century imperial rescripts we need to grapple with this question. There is no doubt that a written answer (rescript) was valid only if the emperor authorized it. He had formally to execute it by writing at the end in his own hand a formula (e.g. rescripsi, scripsi, or sub scripsi) that expressed this fact (ch.2 n.69-73). In general no one could reply on the emperor’s behalf (but see n.152). His rule was personal, and the rescripts that embodied his will spoke in his name.
Developments in English Law
Authors: Poulter Sebastian
Published: November 2023

The aims of this chapter are to chronicle the principal developments which have occurred within English law in its handling of ethnic or cultural differences and to identify the various legal techniques which are available to give effect to the two broad policy options outlined in the previous chapter. While the modern approach endorses cultural plural¬ ism there are, as we have seen, limits to this process and assimilationist measures may sometimes be needed to uphold minimum standards, as part of the wider public interest, in the light of shared institutional values.
The Evolution of Criminal Justice Policy in the UK
Authors: Dingwall Gavin S , Davenport Alan
Published: November 2023

The United Kingdom today faces a problem of crime which could not possibly have been forecast at the end of the Second World War. Since then there has been a large increase in the number of crimes reported to the police. In 1950 approximately 500,000 crimes were reported. This figure rose to 1.6 million in 1970, 2.5 million in 1980 and 5.4 million in 1991.1 In Table 2.1 the figures for 1992 reveal that the vast majority of crimes re ported to the police are property offences. Of the 5 per cent of offences listed as being of a sexual or violent nature, roughly two-thirds involved minor wounding; homicide and serious wounding constituted only 0.3 per cent of recorded crime.2 The criminal statistics show that the largest recent rises in reported crime have been for criminal damage and burglary.3
Managing the Drug Problem: Tolerance or Prohibition
Authors: Silvis Jos , Williams Katherine S
Published: November 2023

The current drug policy of most states has a direct link to the early days of this century and earlier. It was at this time that the first steps were taken to bring drugs under (international) control. As recently as the last century in Britain drugs, including opium (laudanum) and morphine, were freely available both for enjoyment and as the basis for many common remedies. Britain also had a large economic interest in the opium trade, especially to China. When, to protect their people, the Chinese authorities tried to block this trade, it led to war in 1841. Following this, the ‘infant doping problem ‘, and opium use by workers, the Quakers led a campaign which persuaded many British people that addiction to opium was a sign of moral depravity and that the drug was evil: the first step towards acceptance of regulation. Legal control began in 18681 when certain substances, notably opium, were placed under pharma ceutical control, but in practice they remained easy to obtain and the basis of many remedies until after the tum of the century. The first real control of drugs came in the First World War when, in 1916, the Home Office, through the Army Council, forbade the supply of certain drugs to any member of the armed forces unless administered by a doctor. In the same year Regulation 40B under the Defence of the Realm Act 1914 made it an offence for those in the medical and allied professions to possess cocaine or opium.
Diversion in English and Dutch Juvenile Justice
Authors: Gelsthorpe Loraine , Nellis Mike , Bruins Jeannette , Vliet Annelies Van
Published: November 2023

Diversion has been a dominant thrust in juvenile justice policy for the past twenty-five years in England and Wales as well as in the Netherlands. In England, we can see the concept of diversion in embryonic form in the nineteenth-century debates about the establishment of separate institutions and courts for juvenile offenders.1 The ‘child savers ‘ sought to pro mote the welfare of children by diverting them from the heavy-handed criminal courts, the more formal court procedures, and contaminating gaols. At the same time, reformers sought to divert ‘pre-delinquents ‘ from a career of crime, by inculcating ‘appropriate ‘ moral and religious values in children.2 The concept of diversion employed in twentieth-century debates is no less complicated, though ironically, the aim in the past twenty-five years has been to keep juveniles out of the earlier systems of justice and welfare specially created for their reception.
Police Detention in the UK and in the Netherlands
Authors: Davenport Alan , Baauw Peter
Published: November 2023

The United Kingdom has two different sets of procedural rules for detention, those applicable to suspects arrested under the Police and Criminal Evidence 1984 (hereafter PACE) and those pertaining to people detained under the Prevention of Terrorism (Temporary Provisions) Act 1989 (here after PTA). This second statute, being specifically concerned with anti terrorist measures, has no direct parallel in the Netherlands and is the successor of legislation which came about because of events some twenty years ago. An earlier Prevention of Terrorism Act was brought into force in 1974 in an attempt to combat the activities of the Irish Republican Army (IRA), which at the time was conducting a campaign of bombings on the British mainland. On 21 November 1974, bombs went off in Birmingham, result ing in the loss of twenty-one lives and injuries to 162 people.1 The PTA 1974 was introduced into Parliament on 25 November and became law on 29 November, a remarkably swift passage through the legislature. The Act extended police powers in a number of areas and the then Home Secretary conceded that the measures contained therein were ‘... unprecedented in peacetime ‘, but nevertheless ‘... fully justified ‘ given the circumstances at the time.2 The legislation was to remain in force for a period of six months3 as it was intended to be a short-term emergency law, the existence of which would, it was hoped, cease to be necessary within a very short period of time.4
Witness Evidence, Article 6 of the European Convention on Human Rights and the Principle of Open Justice
Authors: Beijer Annemarieke , Cobley Ca1hy , Klip Andre
Published: November 2023

In any democratic society the principle that criminal procedures are carried out in public is considered to be of vital importance. Article 6 of the Euro pean Convention on Human Rights provides that ‘in the determination ... of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law .. . ‘ and that ‘everyone charged with a criminal offence has the following minimum rights: ... to examine or have examined wit nesses against him and to obtain the attendance and examination of wit nesses on his behalf under the same conditions as witnesses against him. ‘ Article 6 aims to protect litigants against the administration of justice in secret with no public scrutiny: By rendering the administration of justice visible, publicity contributes to the aim of Article 6---namely a fair trial, the guarantee of which is one of the fundamental principles of any democratic society, within the meaning of the Convention.1
Protection of and Compensation for Victims of Crime
Authors: Morgan Jane , Winkel Frans Willem , Williams Katherine S
Published: November 2023

Traditionally, the victim has not occupied a prominent position in the criminal justice system in either the Netherlands or England and Wales. But since the 1970s there has been a growing interest in both Europe and North America in victims of crime. During this period the nature of victimization and its extent has received widespread publicity. A great deal is now known about the effects of crime on victims, the needs that may arise from victimization, and the reaction of various agencies to those needs. Strategies to help victims have been developed. In November 1985, the United Nations General Assembly adopted a charter of victim rights the Declaration on the Basic Principles of Justice for Victims of Crime and Abuse of Power-and 157 governments declared their commitment to pro viding equitable treatment, access to justice, reparation, and services for victims of crime.1 In the USA victimologists have followed a largely rights based strategy-encouraging the passing of state and federal legislation to allow victims greater participation at all levels of the criminal justice pro cess.2 In Europe, by contrast, the major preoccupation has been with improvements in services to victims rather than with either victims ‘ rights or radical legislation on their behalf. The Council of Europe has taken a number of steps to encourage measures to improve the plight of crime victims: the European Convention on the Compensation of Victims of Violent Crime 1983; the Recommendation on the Position of the Victim in the Framework of Criminal Law and Procedure 19853 and recommendations
The Transfer of Prisoners with Special Reference to The Netherlands and the UK
Authors: Paridaens Desiree , Harding Christopher
Published: November 2023

One significant aspect of the ‘Europeanization ‘-or, better perhaps, ‘inter nationalization ‘-of national penal law relates to the possibility in recent years of the movement of convicted prisoners from one country to another in order to complete their sentences. But while this represents an import ant development in international co-operation in the penal field, the at tempts to establish the necessary mechanisms for transfer of sentences have also made clear some of the differences in penal policy between certain countries. A study of the implementation of a policy of prisoner transfers by the Netherlands and Britain is especially interesting in this respect in bringing to light differing assumptions about the role of the penal system and varying attitudes towards the purpose of international co-operation.
Dilemmas of Family Policy in Liberal States
Authors: Dingwall Robert
Published: November 2023

It has become a commonplace observation for Western social scientists that the transition to democracy of the former Communist states of Eastern Europe has created a unique laboratory for the study of social change. For the first time, a process which we can recognize contemporaneously as historic is taking place in societies which are relatively accessible and pose few of the personal risks run by students of regime transitions and modernization in the Third World. The peoples of Eastern Europe are recognizably our kin-and heirs to related languages and cultural experiences. Notwithstanding present economic difficulties, their countries have a measure of public order, the elements of a welfare state, and an infrastructure for the exchange of goods and services between the agricultural and industrial sectors. What distinguishes them from us is the legacy of Lenin’ s revolution, as disseminated by his successors behind the Iron Curtain created at Yalta.
Family Responsibilities and Inheritance in Great Britain
Authors: Finch Janet , Mason Jennifer
Published: November 2023

The topic of our chapter is inheritance-the transmission of assets (property, money, personal belongings) within families after someone has died or, sometimes, in anticipation of death. Though people may, and do, chose to leave assets outside their families-to charities, other organizations, friends, or neighbours-inheritance has always been regarded essentially as a family issue. Our chapter focuses exclusively on transmission of assets between relatives. In the past inheritance may have been regarded as a matter of interest only to a small minority of wealthy citizens, but no longer. Rising standards of living, and the spread of home ownership in particular (two-thirds of all households are now owner-occupiers), have ensured that large sections of the UK population belong to families where there is some thing significant to be bequeathed when a death occurs.
The Depth of Imprisonment: An Exploratory Study of The Netherlands and England
Authors: Downes David
Published: November 2023

They treat you like a human being. They say, ‘Enjoy your meal’, ‘Good morning’. They treat you like a man, they let you do things the way you like, they’re not always looking up your arse for drugs, they don’t guard you when you see the governor, with two warders either side. Even when you go to solitary, you take yourself there. You think, ‘It can’t be true, there must be a catch.’ But there isn’t. I just can’t believe they don’t despise you because you’re a criminal. In England, they punish you for being a criminal.
Man and Boy: The Violence of Enterprise
Authors: Hobbs Dick
Published: November 2023

After I got my first few bucks and the nerve to go shopping without my mother, I went to Benny Field’s on Pitkin Avenue. That’s where the wiseguys bought their clothes. I came out wearing a dark-blue pin-striped, double breasted suit with lapels so sharp you could get arrested for just flashing them. I was a kid, I was so proud. When I got home my mother took one look at me and screamed, ‘You look just like a gangster!’ I felt even better. It would be unwise to attempt to comprehend the lives of Danny, Chris, and Jimmy, without first assembling the intricate web of relationships between their identities and the structures that underpin their day-to-day existence. Crime for these three men is a tool they use to carve a slice of life’s loot. That their personal identities were obviously forged within family units that were explicitly patriarchal is self-evident. The economic base and subsequent strategies devel oped by the two families are qualitatively different, but both are situated around a cultural frame of tough, resourceful masculinity that transcends both economic epochs and generational responses to communal problems. Violence can func tion as a bridge between personal and economic universes, between the worlds of family and work, men and women, father and son. It is an enduring, emphati cally masculine resource that is not only inherited but also licensed by the family and all the other agencies that are part of the informal order of the market-place.
Issues in Concurrent Insolvency Jurisdiction: English Perspectives
Authors: Grierson Christopher K
Published: November 2023

In the context of international, or cross-border, insolvencies cooperation has become a ‘buzzword’. There are several points to bear in mind.
Issues in Concurrent Insolvency Jurisdiction: Comments on the Papers by Grierson and Flaschen-Silverman
Authors: Takeuchi Koji
Published: November 2023

Those of us concerned with achieving fairness and equality in international insolvencies have sought to tackle the formidable challenges raised by these issues, and have tried to develop rules, or at least practical guidance, for insolvency practitioners and the judiciary. The areas we have addressed include insolvency jurisdiction, recognition of foreign insolvency adjudications, conflict of laws rules (both substantive and procedural), and joint or consolidated insolvency administration for parent companies and their foreign subsidiaries. This task has been undertaken by insolvency practitioners and judges with a view to finding the right balance appropriate to the facts in each case. Although an international insolvency convention or uniform law covering all or some of these areas has long been an objective of this cooperative effort, the absence of such a convention or legislation has not hindered the development of international insolvency law.
The Mode/ International Insolvency Co operation Act: A Twenty First Century Proposal For International Insolvency Cooperation
Authors: Powers Timothy E
Published: November 2023

Businesses have expanded their operations throughout the world and governments have followed diligently with harmonized trade regulations, tax treaties, and even judicial cooperation conventions. Creditors have loaned funds across borders, investors have started buying securities around the globe and around the clock, and accordingly international regulation of lending and securities transactions is being discussed, if not yet enacted.
The Nordic Bankruptcy Convention
Authors: Bogdan Michael
Published: November 2023

On 5 June 1990 the European Convention on Certain International Aspects of Bankruptcy (the European Bankruptcy Convention), elaborated within the framework of the Council of Europe, was signed in Istanbul. A somewhat more advanced and detailed bankruptcy convention is being prepared within the European Communities. It seems to me, however, that the best example of a successful multilateral instrument in this area is the Convention between Denmark, Finland, Iceland, Norway, and Sweden regarding bankruptcy of 7 November 1933 (the Nordic Bankruptcy Convention)2 whose sixtieth birthday will be celebrated this year.
The Judges Speak: A Panel Discussion
Authors: Garrity Judge James L
Published: November 2023

The following transcript is a written version of the questions put and answers given by three of the judges participating in a panel discussion at the concluding session of the conference on 26 June 1993.1 The questions were prepared by Ron Robertson, QC, a member of the Toronto bar and a leading insolvency practitioner, who also chaired the session.
Environmental Regulation in the United Kingdom
Authors: Christy Stephen
Published: November 2023

Perhaps the United Kingdom always has been peculiar. Maybe one of the concerns of those who fear greater European integration is that the United Kingdom will not be permitted to remain peculiar. In any event, it is not possible to understand the present system of environmental regulation without looking at its peculiarly English roots and so seeing it in its historical context.
The Growth of US Environmental Regulation and the Cost of Compliance: A Model for Europe?
Authors: Robinson Logan G
Published: November 2023

This chapter looks at the costs of environmental regulation from the point of view of an important American industry, the automotive industry, one which is at the very centre of environmental concerns. There is no more dramatic initiation into the regulatory framework in the United States than to show the growth of federal environmental laws.
Argentina
Authors: Williams Maureen
Published: November 2023

Unlike common law countries, the Argentine Republic does not have any such doctrine. Be that as it may, Argentine courts and tribunals do have in mind the existence of more appropriate for a to deal with a given case. To claim the existence of a more suitable forum is a possibility—albeit infrequent in Argentine case law—open to the defendant. One of the very rare occasions on which a court spoke of a convenient forum was in Elbert Clemens v. Buque Pavlo.

Perhaps the Argentine has not grown enough yet to create the right situation for a doctrine of this nature to gain ground. An incipient trend in this direction may be perceived, given the present conditions of a free market economy which had not been the case for the last fifty years (with very brief exceptions).
France
Authors: Gaudemet-Tallon Hélène
Published: November 2023

The theme approached herein is disconcerting for any French lawyer: a priori, the French legal system determines whether the judge has jurisdiction or not. If he has jurisdiction, he must rule and cannot ‘decline to exercise his jurisdiction’. The expression forum non conveniens is extraneous to the French legal system; however, the latter knows about exceptions de litispendance (pleas of lis pendens) and connexite (related actions), both of which provide almost the only bases whereby the court may decide not to proceed with the case. It will be seen, though, that the plea is the object of definite conditions in domestic and private international law.
Japan
Authors: Dogauchi Masato
Published: November 2023

As there are no particular provisions for international jurisdiction in the Code of Civil Procedure, Japanese rules on this subject are governed by case law. The leading case on international jurisdiction in civil and commercial matters in Japan is the Malaysian Airlines System case in 1981 which recognized wide international jurisdiction of Japanese courts. Since this judgment, rules for declining jurisdiction have been developed.

The rules on jurisdiction in general will be dealt with in Part II. Then, in Part III the rules for declining jurisdiction as a general tool for adjustment will be discussed. Lis alibi pendens and other related matters will be dealt with in Parts IV and V.

There was only a small number of cases on international jurisdiction in Japan before World War II. Keeping pace with the internationalization of Japan, international civil and commercial disputes have increased rapidly in the past fifty years.
Complementary Medicine and the Law
Authors: Stone Julie , Matthews Joan
Published: November 2023

The growth of complementary medicine over the past decade has been accompanied by calls for greater regulation. To date, discussions on regulation have confined themselves to the parameters set by orthodox medicine, and a result, critical issues which need to be more publicly aired have been overlooked. The first book to address this increasingly important topics, Complementary Medicine and the Law is a timely response to this need. The authors explore the way in which the law presently affects the practice of complementary medicine. At the heart of the book is a challenging of the notion that the legal and regulatory mechanisms which govern orthodox medicine form an appropriate model for the regulation of most complementary therapies. The patient-centred, holistic approach central to the theory and practice of many complementary therapies presents a unique problem for the law: the highly individualised, more intuitive, whole-person approach of complementary medicine is not amenable to the quantification and certainty required by the law. The authors argue that only by implementing a more dynamic form of ethics-directed regulation can the consumer be protected without sacrificing the unique contribution that complementary medicine has to make.
The Insider Dealing Directive
Authors: Edwards Vanessa
Published: November 2023

Much has been written about the theory of insider dealing and the need—or lack of need—for regulation. The traditional view is that it is undesirable for securities to be bought or sold by someone in possession of confidential information which is not generally known and which, if it were known, would affect the price; the traditional rationale is that investor confidence as a whole is undermined if potential investors fear that they will not be able to deal on an equal footing with others, and that this may ‘prejudice the smooth operation of the market’. The heterodox view, promoted in particular by Manne, embraces a number of elements: insider dealing is a victimless crime; by increasing the volume of sales it increases market efficiency; it is justifiable remuneration for executives.
Overview of Miscellaneous Draft Legislation
Authors: Edwards Vanessa
Published: November 2023

This chapter considers briefly the various company law instruments which have not been adopted: the draft Fifth Directive on the structure of public companies, the draft Ninth Directive on Groups of Companies, the draft Tenth Directive on cross-border mergers, the draft Thirteenth Directive on takeovers, and the draft Regulation for a European Company Statute with its complementary draft Directive on employee participation. Of these, the European Company Statute and the linked directive look increasingly likely to be finalized in the near future; the draft Fifth Directive on the structure of public companies and the draft Ninth Directive on Groups of Companies seem unlikely to be revived; and the others fall somewhere in between these two stages of legislative life. The draft Fourteenth Directive on the cross-border transfer of a company’s registered or head office is considered in outline in chapter XVIII.
Community Labour Law: A Critical Introduction to its History
Authors: Slmitis Spiros , Lyon-Caen Antoine
Published: November 2023

On 31 May 199 5 the European Court of Justice delivered its judgment in a case between the Danish Union of Semi-Skilled Workers (Special-arbejderforbundet i Danmark) and the Confederation of Danish Industry (Dansk lndustri) acting for Denmark’s leading porcelain manufacturer, the Royal Copenhagen company .1 About 70 per cent of the 1,150 workers employed in the production process were paid on a piecework basis. However, the rates for one group of employees, the ‘blue-pattern painters’, entrusted with the decoration of the porcelain and consisting almost entirely of women (155 out of 156), were substantially lower than, in particular, those of their fellow-workers employed in the exclusively male group of automaticmachine operators, i.e. ‘throwers’. In the union’s opinion this was a blatant infringement of the equal pay principle, an assumption rejected by Royal Copenhagen mainly, in view of the fact that the rates had been fixed by collective agreement.
European Collective Bargaining Levels and the Competences of the Social Partners
Authors: Treu Tiziano
Published: November 2023

Collective labour relations, and collective bargaining in particular, have so far lain outside the range of European Community law. The reasons are rooted more in the practice and politics of the Member States than in the law of the Community. Even before the Single European Act and before Maastricht, it would not have been impossible to justify legal intervention by the Community in many aspects of collective labour relations. Differences in industrial relations practices bring about differences in employment conditions: consequently, it could have been argued that the harmonization of national practices is important in order to avoid distortion of competition and/or to promote free movement of labour.
Collective Agreements in the Hierarchy of European Community Sources
Authors: Sciarra Silvana
Published: November 2023

The adoption of the Protocol on social policy, annexed to the Maastricht Treaty, represents an innovation in Community law. This is for several reasons, analysed in depth by commentators over the last few years, which have opened up a new road for legal thinking and for the intervention of European institutions.
Economic and Social Cohesion and the European Social Fund
Authors: Dal-Ré Fernando Valdés
Published: November 2023

Of .all the structural funds which the institution now known as the European Union (EU) has organized to carry out policies aimed at modernizing, improving, and rationalizing productive structures, infrastructures, and services in the Community countries, the European Social Fund (ESF) is the only one whose creation has a constitutional basis; that is, it is covered by the primary legislation of the Community.
A Special Relationship?
Authors: Loveland Ian
Published: November 2023

This work is a collection of topical essays by many of the UK's leading public lawyers and centred on a single theme: the influence of US jurisprudence upon English Public Law. The contributors address a lively range of topics, while the introduction pulls the many and varied discussions and observations together and deals with a more general theory of the influence of US Public Law upon English Law.
‘Neither few nor Greek’
Authors: Brown Schuyler
Published: November 2023

Events in history often have consequences quite unforeseen by the human actors and certainly unintended by them. From innumerable sequences of cause and effect, the historian selects those which are historically significant, fitting into a pattern of rational explanation and interpretation. One of the principal historical consequences of the writings which we today call ‘the New Testament’ was the emerging consciousness of those who read and used them that they belonged to a movement which was distinct both from Judaism and from the multiplicity of other cults which existed in the Graeco-Roman world. In the latest writing contained in the New Testament, we see that the letters of Paul had already come to be regarded as ‘scripture’ (2 Pet. 3: 16; cf. Rom. 16: 26), on a par with the Old Testament books, which were the only ‘scripture’ which Paul himself had known. The formation of the New Testament canon in the second and third centuries would bring this process to its conclusion.
The History of David King of Kings
Authors: Thomson Robert W
Published: November 2023

When Sultan Melik ‘-sah heard this, he came and took back Samsoyte, ravaged Georgia, took captive Prince Ivane, and departed. In those days, while Georgi was in camp, he was visited by Grigor, son of Bakuran the lord of Uxtik ‘ and of Kars and of the city of Karin. He requested Kars from him, and the latter settled matters in his favour.
Jesus ‘ Parents
Authors: Elliott J K
Published: November 2023

This chapter marks a step backwards chronologically as it includes stories about Mary and Joseph which precede Jesus ‘ birth. However, as it also contains accounts of the parents ‘ deaths, the chapter is out of the chronological sequence of the section by jumping forward! The chapter is divided into two parts: (a) Mary, (b) Joseph. The earliest of the four New Testament Gospels, Mark, refers only once to Jesus ‘ mother by name. She is not an active participant in any of Mark ‘s stories. It is only when the other canonical Gospels were written a decade or more later than Mark that we find Mary ‘s role enhanced. The birth stories in Matthew and Luke obviously make her the most prominent character apart from Jesus himself. A summary of those nativity accounts prefaces our introductory notes in Chapter 1. The Annunciation scene (Luke 1: 26-38), in which Mary is addressed by the angelic visitor with the words ‘Blessed are you among women ‘, both reflects and itself encouraged Mariology and Mariolatry. It is in Luke also that Mary delivers the hymn known as the Magnificat. Outside the birth stories, Matthew and Luke, like Mark, have no further active part for Mary to play. In the Fourth Gospel, however, she is present at the wedding in Cana (John 2: 1-10) and she appears at her son ‘s crucifixion. Later (according to Acts 1: 14), she seems to have been a prominent member of the Jerusalem church.