bluuebunny/crossref_metadata_2025 huggingface dataset:
The Velveteen Rabbit and Passionate Feelings for Organizations
Authors: Sims David
Published: November 2023

This chapter is built around two stories. One is an old children’s story about a velveteen rabbit, well known to many people, but one that I somehow missed in my childhood. The other is the story of how this children’s story affected me when I came across it in my middle age. I heard it on a car radio while driving to my work at a university, and I immediately started to change my mind about some theoretical ideas that had been important to me for a long time.
The Problem of Public Authority Negligence Liability
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

For a number of reasons the courts have exhibited some wariness about imposing liability on public authorities. They are concerned that the threat of negligence liability might hamper the authority in its attempt to discharge its public duties, or that the limited resources of a public authority should not be spent compensating those whom the authority failed to protect from harm. There is also a concern that decisions about the allocation of public resources should be made not by the courts at all but by the authorities themselves, which are generally answerable to political processes.
Alternative Remedies
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

This book focuses primarily upon claims brought against public authorities for the tort of negligence. Where a public authority causes harm to an individual, either deliberately or carelessly, there may also be other remedies available to the injured party. The present chapter considers some of the more important alternative remedies, though perhaps the most significant alternative now available are claims brought under the Human Rights Act 1998, which are considered separately in chapter 7. In this chapter we examine the torts of misfeasance in public office and breach of statutory duty as well as judicial review proceedings and complaints to the Ombudsmen.
Detention
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

Public authorities are responsible for detaining individuals in a variety of situations. The police, prison authorities2 and health authorities treating the mentally ill, are all empowered to confine people against their will. Given the almost complete control such authorities have over the detainees’ environment, and the dependence of the detainees on the authority to provide for their daily needs, it is foreseeable that in various circumstances the carelessness of the authority will harm those detained. This chapter considers the potential liability in negligence of detaining authorities.
Miscellaneous Public Authority FunctionS
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

Doctors owe a duty of care to their patients, and this duty will be owed regardless of whether the doctor is a public sector employee operating within a statutory framework or is providing health care privately. In ordinary medical negligence claims, the fact that the defendant is a public authority is not considered to be material to the duties he or she owes a patient, and such medical negligence claims are outside the scope of this book. Cases arise, however, that do not involve individual doctor-patient relations and raise broader questions of medical policy.
Econometric Methods with Applications in Business and Economics
Authors: Heij Christiaan , Boer Paul de , Franses Philip Hans , Kloek Teun , Dijk Herman K van
Published: November 2023

Nowadays applied work in business and economics requires a solid understanding of econometric methods to support decision-making. Combining a solid exposition of econometric methods with an application-oriented approach, this rigorous textbook provides students with a working understanding and hands-on experience of current econometrics. Taking a 'learning by doing' approach, it covers basic econometric methods (statistics, simple and multiple regression, nonlinear regression, maximum likelihood, and generalized method of moments), and addresses the creative process of model building with due attention to diagnostic testing and model improvement. Its last part is devoted to two major application areas: the econometrics of choice data (logit and probit, multinomial and ordered choice, truncated and censored data, and duration data) and the econometrics of time series data (univariate time series, trends, volatility, vector autoregressions, and a brief discussion of SUR models, panel data, and simultaneous equations). · Real-world text examples and practical exercise questions stimulate active learning and show how econometrics can solve practical questions in modern business and economic management. · Focuses on the core of econometrics, regression, and covers two major advanced topics, choice data with applications in marketing and micro-economics, and time series data with applications in finance and macro-economics. · Learning-support features include concise, manageable sections of text, frequent cross-references to related and background material, summaries, computational schemes, keyword lists, suggested further reading, exercise sets, and online data sets and solutions. · Derivations and theory exercises are clearly marked for students in advanced courses. This textbook is perfect for advanced undergraduate students, new graduate students, and applied researchers in econometrics, business, and economics, and for researchers in other fields that draw on modern applied econometrics.
The Economic Dimension of the Employment Relationship
Authors: Block Richard N , Berg Peter , Belman Dale
Published: November 2023

At its most basic level, the employment relationship is a matter of economics. Individuals offer their skills and abilities to an employer for a price. Economic considerations, such as wages, salaries, and levels of benefits, are major factors in individual and firm decisions to establish the employment relationship. Economic forces and markets also exert a strong influence on the employment relationship, once established.
Who is this “We”? Levels of Collective Identity and Self Representations
Authors: Brewer Marilynn B , Gardner Wendi
Published: November 2023

Until recently, social psychological theories of the self focused on the individuated self-concept—the person’s sense of unique identity differentiated from others. Cross-cultural perspectives, however, have brought a renewed interest in the social aspects of the self and the extent to which individuals define themselves in terms of their relationships to others and to social groups (Markus & Kitayama, 1991; Triandis, Bontempo, Villareal, Asai, & Lucca, 1988).
Implied Terms
Authors: Brodie Douglas
Published: November 2023

The employment contract comprises a mixture of express and implied 4.01 terms. It makes sense to divide implied terms into two classes: legal duties (or implied terms in law) and implied terms in fact. The former are implied into all employment contracts, unless there is an express term to the contrary, whereas the latter are implied on the basis of the facts and circumstances of a particular contract. In the House of Lords in Liverpool City Council v Irwin it was said that there was ‘a clear distinction between a search for an implied term such as might be necessary to give “business efficacy” to the particular contract and a search, based on wider considerations, for such a term as the nature of the contract might call for, or as a legal incident of this kind of contract.’1
Restrictive Covenants
Authors: Brodie Douglas
Published: November 2023

An employer’ s concern as to the activities of an employee after the termination 8.01 of an employment contract will often mean that a covenant is created to restrict the individual from competing against his former employer. The covenant may prohibit an individual from working for a rival employer or setting up a rival business (an ‘ area’ covenant). Alternatively, or in addition, the covenant may restrict the employee from soliciting, or dealing with, his former employer’ s customers or staff.
Analysis Applied: Drafting of Employment Contracts
Authors: Brodie Douglas
Published: November 2023

It is the contention of this work that effective drafting can only take place 12.01 once there is proper understanding of how the courts will approach the process of interpretation. The drafter must bear in mind key issues such as the role of the factual matrix and the interaction between express and implied terms. It is the function of this chapter to provide guidance on how the judicial approach to interpretation should be responded to. This chapter is meant to complement the analysis offered elsewhere in this work-in particular, Chapter 11.
Morphosyntactic and semantic variation in applicative constructions
Authors: Peterson David A
Published: November 2023

In this chapter, I consider ways in which the morphosyntactic characteristics of applicative constructions vary. Along the way I will point out tendencies in applicative system variation where possible on the basis of available descriptions (the tendency for beneficiary/recipient applicative constructions to be obligatory for the encoding of a beneficiary/recipient, tendencies having to do with which object exhibits what object properties, and so on). The last portion of the chapter briefly outlines some of the ways that synchronic approaches to applicative constructions have attempted to account for selected aspects of variation in their properties.
Structural correlates of applicative constructions
Authors: Peterson David A
Published: November 2023

Despite the role that the applicative construction has played in the development of syntactic theories over the last twenty-five years, remarkably little attention has been given to the typology of languages which have different types of applicative construction. The main exception has been typologizing in the sense of the Principles and Parameters framework (in particular Baker 1988a and 1996), which, while it has led to some interesting observations, has never been subject to the constraints on sample design that typifies most typological approaches. For instance, Baker’s (1988a) primary sample of languages consists of sixteen languages, of which four are Bantu, two, Iroquoian.
Identifying What Matters in Prison
Authors: Liebling Alison , Arnold Helen
Published: November 2023

Interviewed an officer due to be transferred before the summer—outside in the sun. Took over an hour. Then I found [small unit prisoner] painting gnomes. He wanted to talk about a research project he had to do for his psychology degree. We talked about possibilities. For some reason, anger came up … and how it is managed very formally in this setting. He wanted to study it. That precipitated an hour-long outburst. I no longer had to ask questions. It was an assault by staff—five years earlier—his legs, the front of his shins, he was hit with a baton, kicked and bruised. He was unable to walk for 6 days. It left him feeling very confused (at one stage, suicidal).
Managing Late Modern Prisons and their Performance
Authors: Liebling Alison , Arnold Helen
Published: November 2023

In Part II of this book we looked almost exclusively at the prison world as perceived by prisoners, and at the role of key value dimensions as we and prisoners made sense of them. This part of the book returns to some contextual issues raised in Chapters 1 and 2 and to some of the questions of power and governmentality, explored briefly in Chapter 7. Who possesses power above prisoners, and how is power deployed, in the late modern prison? How do prison staff perceive their working environment, and their treatment by those above them? How do the conditions of late modernity impact on the world of the prison? What is shaping prison life, and therefore the experience of imprisonment for prisoners? Who determines the ‘values of the organisation’ and how are these values secured in practice?
Framing an Alternative Choice of Law Rule
Authors: Carruthers Janeen M
Published: November 2023

The situs rule enjoys a special status in conflict of laws theory and practice, having secured upon the choice of law rostrum a position of longevity which is exceeded by few other choice of law rules. The intransigence of the land taboo is such that to suggest that the situs rule should be altered or modified is tantamount to conflicts heresy. But as Hancock indicated, ‘despite the continual reiteration of the situs formula by the courts and commentators, perceptive judges have not infrequently refused to make the needless sacrifices that it demands’.
Regulation of Corporate Governance, in Particular Disclosure
Authors: Kraakman Reinier
Published: November 2023

Mandatory disclosure obligations perform a range of corporate governance functions in addition to informing share prices. These functions include enforcing pro scriptions against self-dealing, informing shareholder votes, and encouraging compliance with extra-legal norms of good corporate governance. The governance functions provide a justification for mandatory disclosure that is independent from its value in informing share prices. But regulators should not expect mandatory disclosure - and concomitant monitoring by shareholders - to substitute for the good governance effects of ‘thick’ monitoring by proactive directors.
The Proposed ‘Break-Through’ Rule
Authors: Coates John C
Published: November 2023

In this paper, I draw on economic theory of ownership structure; empirical research on ownership, value and takeovers; and comparisons to US law to argue that the proposed break-through rule (BTR) is not clearly better than the status quo, from either a political perspective, or an economic perspective, with implications for any directive on takeover bids (DTB). The good (a step toward an integrated EU capital market) cannot wait on the perfect (ideal takeover rules), but neither should it be pursued without regard for the difference between the two. If the BTR is adopted, it should be kept flexible with a mixture of regulatory tools - sunsets, opt-outs, and industry-based exemptions - to reflect the fact that regulation will inevitably be both imperfect and difficult to modify once adopted. The best rationale for the BTR-that many ownership structures in EU firms reflect historic national market structures and may increasingly impede achievement of economies via cross-border mergers - would be better addressed by rules requiring control of such firms be made con testable on a periodic rather than a continual basis.
Structure for Names
Authors: Hinzen Wolfram
Published: November 2023

It remains to demonstrate that paradigmatic forms of nominal ‘reference’, rather than being a threat to an internalist research programme, presuppose it. The specific forms of intentionality we see in the case of name reference will in this chapter be argued to be systematically conditioned syntactically, a desirable conclusion under assumptions of a ‘transparent’ and compositional syntax–semantics mapping as well as learnability considerations. In particular, I will argue the so-called ‘rigid’ interpretations of nominals have an explanation in the linguistic form of these nominals, and in this sense a wholly internalist one. Particular referential modes, with which lexical atoms finally come to figure in referential acts, are manufactured in the derivational dynamics. Rigidity is one particular such mode of reference of nominals, contrasting with more flexible such modes. I want to begin by illustrating this mode with some familiar examples.
Bending Bureaucracy: Leadership and Multi­Level Governance
Authors: Newman Janet
Published: November 2023

Bureaucracy has come to take on a symbolic role in discussions of the reform or modernization of public services. Viewed as the source of waste and inefficiency, rules and ‘red tape’, and a barrier to the flexibility and entrepreneurialism required in a modern world, successive waves of reform have taken place in the name of its eradication. At the same time concern about accountability and probity have produced a series of debates about the governance of public services in a supposedly post­bureaucratic era. In each case bureaucracy is viewed as a coherent ‘ideal type’ representing both benefits (an ethos of office based on impartiality and probity) and disbenefits (inflexibility, rule bounded­ ness, and departmentalism1). However few ‘pure’ bureaucracies have ever existed in public services: most organizations combine features of bureaucracy and professionalism, of bureaucracy and managerialism, or even bureaucracy and entrepreneurship. Bureaucracy, then, can be viewed as a set of principles and practices that may be articulated with others in particular organizational settings.
Introduction
Authors: Porter Martin
Published: November 2023

On 12 July, 1694, Samuel Jeake Esq. began to write a diary. Jeake, a merchant from the English town of Rye, in East Sussex, had long been used to the magic of quills and ink and words on paper. From his childhood days in the 1650s, his literate father had accustomed him to scribble things about himself and his life into notebooks. Now, having reached his forties, something spurred this astrologically obsessed Sussex merchant to sit down with those historical records he had been saving up and organize them into some meaningful form.
The Evolution Of Social Cognitive Theory
Authors: Bandura Albert
Published: November 2023

The present chapter documents the evolution of social cognitive theory. Before retracing this theoretical odyssey, I will describe brieXy the key tenets on which this theory is founded. Social cognitive theory adopts an agentic perspective to selfdevelopment, adaptation, and change (Bandura, 2001). To be an agent is to inxuence intentionally one’s functioning and life circumstances. In this view, people are self-organizing, proactive, self-regulating, and self-rexecting. They are contributors to their life circumstances not just products of them.
The Competition Appeal Tribunal And Judicial Review
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

The Competition Appeal Tribunal was established as an independent institution in April 2003 under section 12 and Schedule 2 of the Enterprise Act 2002. It assumed the functions of the Appeal Tribunals of the Competition Commission, which had themselves been established under the Competition Act 1998. In addition, the Tribunal was awarded new powers of statutory review over merger control decisions. The institutional separation achieved reflects the perceived need for a degree of independence to allow the Tribunal to hear challenges to decisions of the Competition Commission.
Identity in Marketing Communications: An Ethics of Visual Representation
Authors: Borgerson Janet L , Schroeder Jonathan E
Published: November 2023

In contemporary marketing communications, images claim center stage. The focus on image—over and above function—challenges basic notions of marketing practice, shifts appropriate topics of analysis, and reinforces the visual domain’s centrality. Serving as stimuli, signs, or representations that drive cognition, interpretation, and preference, images influence what we know and believe (cf. Zaltman 2002). Not surprisingly, images constitute much corporate communication about products and services, economic performance, and organizational identity. Pictures of people— models, celebrity endorsers, spokespersons, ‘average’ consumers, man- agers, and employees—make up a large part of marketing imagery. More- over, images provide resources for, and, hence, shape, our understandings of the world, including the identities of its people and places. If marketing communications depend upon images, including brand images, corporate images, product images, and images of identity, then ethical tools meant to provide guidance in marketing communications must be capable of ad- dressing the concerns that such depictions evoke.
Resource Allocation, Strategy, and Organization: An Economist’s Thoughts
Authors: Roberts John
Published: November 2023

The chapters in this volume, and the decades of work on which they build, document the complexity and subtlety of the processes that generate firms’ resource allocation decisions and, thereby, their strategies. This work raises issues of the extent to which the predictions of standard theories of the capital allocation process are accurate, given that the theoretical models typically do not reflect the documented institutional realities. The studies also clearly reveal the fact that— Chandler’s dictum notwithstanding—structure does not necessarily follow strategy. Indeed, it more often may be the case that, as John Browne of British Petroleum has said, ‘the organization is the strategy’. The organization of the firm—the people, the architecture, the routines and processes, and the culture (Roberts 2004)—fundamentally shapes behavior within it. Thus, the organizational design choices executives make largely determine the strategic actions employees take. These causal relationships have implications for the study of strategy and organization. In this brief chapter, I will address these two issues: the accuracy of economic models and the implications of the work in the Bower–Burgelman framework and its extensions for the study of strategy and organization, particularly as practiced by economists.
CEO as Change Agent?
Authors: Podolny Joel M
Published: November 2023

When considered from the vantage of organizational sociology, one of the most intriguing aspects of the Resource Allocation Process (RAP) model is the role it ascribes to the CEO in the initiation of strategic change. In this emergent model of the strategy process, strategic change does not originate with the CEO, but instead percolates up from middle-level managers who are in closer contact with the market than the corporate office. We see this clearly in the case study of GM in Germany in Ch. 1. Louis R. Hughes, chairman of the Opel Vorstand in Germany, recognizes that corporate directives are actually an impediment to the competitive success of GM’s Opel brand in Germany. He ignores those directives to pursue a new path, and then gradually persuades the ‘higher-ups’ through not just logic but emotion that this new path is in fact the correct one.
A Revised Model of the Resource Allocation Process
Authors: Bower Joseph L , Gilbert Clark G
Published: November 2023

In the thirty-five years since the first field research was conducted at National Products , we have learned a great deal about how companies allocate scarce resources to craft corporate strategy. We have presented and discussed many important contemporary contributions to our understanding of the resource allocation process (RAP) by authors who have built upon the RAP model. The working theory that continues to bind this collective research remains consistent: the way resources are allocated in the firm shapes the realized strategy of the firm. The fundamental implication of this theory is that understanding RAP is at the heart of understanding how strategy is made and how to craft better strategy.
Optimal Economic Governance in an Enlarged European Union: Scenarios and Options
Authors: Linsenmann Ingo , Wessels Wolfgang
Published: November 2023

The future of the European Union—and more generally of EU–Europe— depends on its economic performance. This view belongs both to the conventional wisdoms of European analysis and to the vocation and finaliteB4 of the EU construction. The ‘Treaty Establishing a Constitution for Europe’ (TCE; European Council 2004), even if not ratified, demonstrates the political aquis with respect to this view. It reconfirms long-held convictions that the Union shall—among other objectives—promote ‘the well-being of its peoples’ (Article I–3(1)), ‘economic, social and territorial cohesion’ (Article I–3(3)), and, more concretely:
General Review Of The Psychology Of Witness Testimony
Authors: Loftus Elizabeth F , Wolchover David , Page Douglas
Published: November 2023

It is often remarked that memory does not work like a video recorder. The process is 1.01 much more complex than that and can be divided into three stages: acquisition, in which perception of the original event is encoded in a person’s memory; retention, the interval before the event or information is recollected; and retrieval, when it is recalled.
Witnesses Who Use British Sign Language
Authors: Kyle Jim
Published: November 2023

Social order is generally governed by assumptions about shared intentions, motives and 13.01 interpersonal communication. When those assumptions are disturbed, person perception changes—one person may be deemed ignorant, unreasonable, stupid or badly behaved. Lack of communication in interaction is usually considered to be a deviation from the norm. Since this applies to people in everyday interactions, it also applies to all those working within the legal process. Yet just because one person does not speak or does not speak well, it does not mean that the person has nothing to contribute or is lacking the capacity to contribute.
Disclosure Of Unused Material By Prosecution Authorities And Third Parties
Authors: Heaton-Armstrong Anthony , Corker David , Wolchover David
Published: November 2023

During the course of an investigation into an allegation of crime and its prosecution in 21.01 court proceedings the investigating and prosecution authorities will collect a body of material. Typically this will consist of written witness statements, transcripts of electronically recorded interviews with witnesses or defendants and documentary and other exhibits, which constitute the evidential basis on which their case is advanced—hence ‘used’ material. ‘Unused’ material comes into two broad categories: first, that which is collated by the police during the course of an investigation but which, necessarily, does not form the basis of their prospective evidential resources; and, second, that which is held by other individuals or bodies who do not form part of the prosecution team and which, at least prior to intervention by defence lawyers, may not be sought by investigators.
The Admissibility Of Expert Evidence
Authors: Ormerod David , Roberts Andrew
Published: November 2023

Expert evidence is a dynamic and controversial area of the law of evidence, particularly 22.01 criminal evidence. In this chapter we aim to describe the current law, identify and examine principal difficulties in using expert evidence and, Finally, to offer some suggestions as to likely developments in this area. Although expert evidence relates to a broad range of subject matter, as far as possible the emphasis of this chapter rejects the book’s dominant themes. In particular, we deal with expert evidence on identity, the veracity of the testimony of non-defendant witnesses and evidence concerning the reliability of defendants’ confessions and mental state when criminal acts were committed.
Origins of Actuarial Justice
Authors: Feeley Malcolm
Published: November 2023

A decade ago, Jonathan Simon and I published a pair of articles that introduced the idea of the ‘new penology’ and ‘actuarial justice’ into criminology (Feeley and Simon 1992, 1994). Our arguments struck a chord just as concern with ‘risk’ was being embraced in the social sciences more generally. We have been edified by the reception. Our articles have taken on something of a life of their own, and risk analysis is now commonplace in criminal law and criminal justice scholarship. I suppose that Simon and I should take some credit or at least share some blame for this development.
The Court’s Case Management Powers
Authors: Davis Michael , Akenhead Qc Robert
Published: November 2023

Case management is a key component of the CPR, which give the Cour ‘wide powers to manage cases and to impose sanctions to ensure that other goals, relating to increased speed, fairness and certainty, and reduced cost, are achievable’. The concept that case management would be placed at the heart of all civil procedure was introduced in Lord Woolf’s Interim Report, which advocated its introduction. Lord Woolf described it as including:

Active case management emphasizes the need for conciliation and co-operation and requires the court to take the initiative.
Alternative Dispute Resolution
Authors: Davis Michael , Akenhead Qc Robert
Published: November 2023

Recent years have seen a significant increase in the amount of Alternative Dispute Resolution (‘ADR’). A full review of the range and effect of the individual types of ADR is beyond the scope of this book. There are now many types of procedure available to parties to agree to undertake, either on an ad hoc basis or defined as a matter of contract by a pre-agreed contractual dispute resolution scheme. The recognition and support given to these forms of ADR by the TCC is reviewed in this chapter.

In this chapter we consider first the support given by the TCC to contractual dispute resolution schemes involving elements of ADR. In the second part, we consider the TCC procedures relating to the use of certain ADR procedures as part of or as adjuncts to the procedures of the TCC.
Adjudication
Authors: Davis Michael , Akenhead Qc Robert
Published: November 2023

Part II of the Housing Grants, Construction and Regeneration Act 1996 8.01 (‘HGCRA’), which came into force on 1 May 1998, introduced compulsory statutory adjudication in construction contracts (as defined) and a number of other provisions applicable to construction contracts. Whilst, prior to this, a number of the standard forms made provision for adjudication, those consensual arrangements had not given rise to the flood of litigation and challenge which has arisen following the first case, Macob Civil Engineering Ltd v Morrison Construction Ltd in February 1999. Over 150 cases involving statutory adjudication under the HGCRA have been reported, whilst some 300 challenges to adjudicators’ decisions have been pursued in the TCC in the United Kingdom.
Costs
Authors: Davis Michael , Akenhead Qc Robert
Published: November 2023

The court’s case management powers are enhanced by the new regime for the treatment of costs. A principal object of the Woolf Reforms was to control costs, which Lord Woolf described as ‘the most serious problem besetting our litigation system’. Therefore, provisions in the CPR were drafted to incentivize the control of costs. Under CPR 44, the court must, when considering its order as to costs, take into account all the circumstances of the case, including all aspects of the parties’ behaviour both during and before trial. Parties must show they have acted reasonably, co-operatively and proportionately and that they have acted to further the overriding objective.
Introduction
Authors: Phillips Jeremy , Simon Ilanah
Published: November 2023

Imagine the following (not entirely fictitious) situation. Brigadier plcmanu factures heavy vehicles, including buses. Since 1926 it has been the proprietor of the brigadier trade mark in Class 12 of the Nice Classification for vehicles, including buses. Mr and Mrs Jones purchase a second-hand bus and in their spare time convert it into a ‘bus bar’, from which they intend to sell beer and other refreshments when they visit the sites of local fetes throughout England.
Use And Non-Use In Trade Mark Law
Authors: Pretnar Bojan
Published: November 2023

Trade marks significantly differ from most of other intellectual property 2.01 rights in two respects. First, their protection can be renewed indefinitely, which means that there is no ultimate ‘falling into public domain’ imposed by law in a manner similar to the patent law, copyright, or industrial design law. However, the lasting protection of a trade mark can be maintained and enforced only if the requirement of its actual and genuine use is fulfilled. This is the second distinctive principle of trade mark law, the application of which can be found virtually everywhere in the world. Fezer says that the ‘obligation of use’ (in German, Benutzungszwang ) of a trade mark represents the basic principle (Grundprinzip ) of (German) trade mark law, which in the last decades has been adopted with proven effectiveness in almost all jurisdictions.
The Need To Leave Free For Others To Use And The Trade Mark Common
Authors: Davis Jennifer
Published: November 2023

In 1913 the ‘motor car dealers and motor car proprietors’ W. and G. du Cros 3.01 Ltd sought to register the letters w&g both in fancy script and in block capitals as trade marks in the United Kingdom.The applicants had carried on business for many years both as car dealers and cab proprietors: indeed, they had 1300 cabs which were in use in and round London. The script mark was carried on doors, radiators and on the caps of the company’s drivers.
The role of trade mark use in us infringement, Unfair competition and dilution proceedings
Authors: Klein Sheldon H , Norton N Christopher
Published: November 2023

This chapter reviews the role of ‘use’ in trade mark infringement, unfair 18.01 competition, and dilution proceedings in the USA. In infringement and unfair competition proceedings, the nature and extent of use of a mark is central to one of the core elements a claimant must prove — senior rights in a distinctive mark — and key to many of the available defences including, for example, lack of priority, lack of distinctiveness, abandonment, fraud and fair use.
Rights of Foreigners
Authors: Butler William E
Published: November 2023

It has been usefully observed that the rights and freedoms enjoyed by foreign citizens and stateless persons in the Russian Federation may be subdivided into three groups: (a) personal rights and freedoms; (b) political rights and freedoms; and (c) socio-economic and cultural rights and freedoms. We shall follow that scheme in this chapter, subject to minor departures. We address them in this sequence, although it must be said the sequence is relatively new to Russian legal doctrine. During the Soviet era, with its emphasis upon the collective and the State, categories (a) and (c) would have been reversed. The present sequence is consistent with the 1993 Russian Constitution.
Joint Ventures: Theoretical and Empirical Perspectives
Authors: Kogut Bruce
Published: November 2023

The study of joint ventures has attracted increasing interest in the popular press and academic literature. Though joint ventures are an important alternative to acquisitions, contracting, and internal development, the literature has not been consolidated and analyzed. This article provides a critical review of existing studies and new data in order to establish current theoretical and empirical directions. In particular, a theory of joint ventures as an instrument of organizational learning is proposed.
Prototypes and Strategy: Assigning Causal Credit Using Fuzzy Sets
Authors: Kogut Bruce
Published: November 2023

Long-term strategy is the choice of capabilities that result in a bundle of attributes embodied in a product or service that allows a firm to position itself via other firms favorably in a market. This characterization suggests then two stages, the first involving the development of capabilities, and the second the exploitation of these capabilities to achieve a particular positioning in the market. The dynamic problem is then the development of capabilities that permits the firm to position competitively in markets for its products and services (Kogut and Kulatilaka 2001).
She is departing for the jungle tomorrow, although the doctor has been advising against it Tense and aspect
Authors: Dixon R M W
Published: November 2023

Within the English predicate, mood, reality status, modality, tense, and aspect are shown by a variety of formal means:

In addition, the base form of the verb is used for imperative mood, and after to. The structure of the verb phrase is given in §2.2.2.

In this discussion, we begin with the grammatical systems involved, studying the contrastive meanings of the terms in these systems and their formal realisations (these were summarised in Table 2.2, §2.2.3).
Brazil
Authors: Lamounier Bolivar , Neto Octavio Amorim
Published: November 2023

Brazil has been holding elections since its colonial period. Their fair­ ness, inclusiveness, and role in the country’s policy process have changed substantially over time. Elections in Brazil during Getulio Vargas’s authoritarian regime in 1937-1945 were completely suppressed. Even under the 1964-1985 military regime electoral competition for leislative offices and some executive posts was not abolished.
Colombia
Authors: Jaramillo Juan , Franco-Cuervo Beatriz
Published: November 2023

Colombia, the former Vice Royalty of New-Grenada, gained its independence from Spain in 1819. The unification with Venezuela, Great Colombia, joined by Panama (1821) and Ecuador (1822), already failed in 1830 due to conflicts with regard to the political organization of the state and to the differences among the departamentos. The new Colombian state was founded as a republic, based on the principle of representative and centralized government.
The Social Entrepreneurship Collaboratory (SE Lab): A University Incubator for a Rising Generation of Social Entrepreneurs
Authors: Bloom Gordon M
Published: November 2023

University education rarely focuses its attention and imagination on teaching students how to turn a vision into reality, how to design and develop social change organizations. This chapter describes aspects of a teaching and transformative learning model developed and launched at Stanford and Harvard Universities to undertake this mission: the Social Entrepreneurship Collaboratory (SE Lab). Its description endeavours to answer several questions: How can universities help create, develop, and sustain a rising generation of social entrepreneurs and their ideas? What new forms of learning environments successfully integrate theory and practice? What conditions best support university students in studying, creating, and developing social change organizations, thinking through their ideas, and connecting with their inspiration? What are the intellectual content and the rationale for a curriculum addressing this at a university?
The Making and Expansion of International Management Standards: The Global Diffusion of ISO 9000 Quality Management Certificates
Authors: Mendel Peter
Published: November 2023

The ISO 9000 series of international standards for quality management presents an ideal empirical focus for a study of the global diffusion of organizational reforms, as it possesses several distinctive features that illustrate the dynamics underlying the globalization of modern organization and management. It is one of the foremost exemplars of an organizational model rooted in global institutions and claiming an expressly international scope. This set of standards also rose to prominence through its role in European integration and incorporation into European Union trade directives.
Economic Transformations
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

This book examines the long term economic growth that has raised the West’s material living standards to levels undreamed of by counterparts in any previous time or place. The authors argue that this growth has been driven by technological revolutions that have periodically transformed the West’s economic, social and political landscape over the last 10,000 years and allowed the West to become, until recently, the world’s only dominant technological force. Unique in the diversity of the analytical techniques used, the book begins with a discussion of the causes and consequences of economic growth and technological change. The authors argue that long term economic growth is largely driven by pervasive technologies now known as General Purpose (GPTs). They establish an alternative to the standard growth models that use an aggregate production function and then introduce the concept of GPTs, complete with a study of how these technologies have transformed the West since the Neolithic Agricultural Revolution. Early modern science is given more importance than in most other treatments and the 19th century demographic revolution is studied with a combination of formal models of population dynamics and historical analysis. The authors argue that once sustained growth was established in the West, formal models can shed much light on its subsequent behaviour. They build non-conventional, dynamic, non-stationary equilibrium models of GPT-driven growth that incorporate a range of phenomena that their historical studies show to be important but which are excluded from other GPT models in the interests of analytical tractability. The book concludes with a study of the policy implications that follow from their unique approach.
Two Views of Economic Processes
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

Two distinct views of economic processes are contrasted throughout this book: the neoclassical and the structuralism-evolutionary. ‘Neoclassical’ is our collective term for the well-known body of theory based on rational maximizing agents operating under well-defined exogenous scarcity constraints. It has been an extraordinarily successful theory. It has produced a rich set of predictions about reactions to many types of shocks and its static equilibrium properties (such as the equality of the value of one factor’s marginal products everywhere in the economy) are used as maintained assumptions in many measurement exercises.
Technology and Technological Change
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

This chapter deals with a variety of issues related to the nature of technology and innovation. We first take up some topics related to the microeconomics of technological change. As well as summarizing matters dealt with earlier, we point out that not only is the development of technology endogenous to the economic system but so also is much of science. We then discuss the distinction between incremental and radical changes in technology, arguing that some confusions in debates about continuity and discontinuity of technological change can be resolved by distinguishing between what we call ‘technology radical’ and ‘use radical’. Next we discuss the many important ways in which individual technologies are integrated into the economy’s technology system.
Scale Economies in Economic Growth
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

Part III is devoted mainly to the development of formal theories of sustained economic growth. Before doing so, however, we need to consider the place of scale economies at the microeconomic level, in technological history, and in aggregate models of economic growth. We are mainly concerned here with those scale effects that are associated with physical production technologies. Arthur (1994) in his path breaking work on increasing returns to scale was concerned with any effect that lowered unit costs as output increased. He also devoted much attention to the issue of product selection when several versions of a new product, either a capital or a consumer good, competed with each other for acceptance.
Assessing Technology Enhancement Policies
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

A policy is some stated objective, which may be specific, such as d enveloping a nuclear power industry, or general, such as encouraging technological change. A programme defines the set of instruments and the administrative apparatus that give effect to the policy. For example, the programme to develop the advanced gas reactor was intended to give effect to the policy of developing an indigenous nuclear power capability in the uk. A project defines a specific task that is part of a programme. An example is the construction of a specific advanced gas reactor power plant.
Agreement, Pro, and Imperatives
Authors: Bennis Hans
Published: November 2023

In the literature the occurrence of an empty subject in finite clauses is generally related to a parametric choice in the grammar of the language in question. The well-known and much debated pro-drop parameter is taken to be the relevant principle that determines whether a language does or does not allow for empty subjects in non-infinitival clauses. These empty subjects are called pro subjects or simply pro.
Subcontracting Agreements
Authors: Wijckmans Frank , Tuytschaever Filip , Vanderelst Alain
Published: November 2023

Subcontracting agreements are agreements in which a firm (the contractor) entrusts to another firm (the subcontractor) the manufacture of certain goods or the supply of certain services. In the context of this type of agreement, a contractor often puts technology (IPRs or know-how) or equipment (‘tooling’) at the disposal of its subcontractor. In return for this, it frequently does not want the subcontractor to use the technology or tooling for any other purposes than the implementation of the agreement. In other words, it does not want the subcontractor to enter the market independently with the products or services manufactured by using the contractor’s technology or tooling. There- fore, it frequently wishes to impose an exclusive supply-back obligation on its subcontractors.
Hyperconnected Net WorkComputer-Mediated Community in a High-Tech Organization
Authors: Quan-Haase Anabel , Wellman Barry
Published: November 2023

Computer networks and work networksThe turn to networked collaborative work communityComputer-mediated communication (CMC) permeates organizations. The internet and internal intranets link managers, professionals, and even many line workers. These communication media provide speed, flexibility, and the ability to append germane documents, pictures, and audio.
Psychological Explanation
Authors: Parsons Craig
Published: November 2023

Psychology is an unusual term. It refers both to a set of phenomena (as in, ‘our psychology makes us act this way’) and to the discipline that studies them. Definitions of the discipline are easiest to find. Psychology is ‘the scientific study of the human mind and human behavior’, investigating the internal contours of individuals’ judgments and decisions (McGraw 2006). But not all claims we can make about mental processes can usefully be called psychological, invoking psychology as a distinct set of phenomena with causal implications rather than as a broad subject for study.
Gatekeepers: The Professions and Corporate Governance
Authors: Coffee John C
Published: November 2023

In the wake of a series of corporate governance disasters in the US and Europe which have gained almost mythic status - Enron, WorldCom, Tyco, Adelphia, HealthSouth, Parmalat - one question has not yet been addressed. A number of 'gatekeeping' professions - auditors, attorneys, securities analysts, credit-rating agencies - exist to guard against these governance failures. Yet clearly these watchdogs did not bark while corporations were looted and destroyed. But why not? To answer these questions, a more detailed investigation is necessary that moves beyond journalism and easy scapegoating, and examines the evolution, responsibilities, and standards of these professions. John Coffee, world-renowned Professor of Corporate Law, examines how these gatekeeping professions developed, to what degree they failed, and what reforms are feasible. Above all, this book examines the institutional changes and pressures that caused gatekeepers to underperform or neglect their responsibilities, and focuses on those feasible changes that can restore gatekeepers as the loyal agents of investors. This informed and readable view of the players on the contemporary business stage will be essential reading for investors, professionals, executives and business academics concerned with issues of good governance.