bluuebunny/crossref_metadata_2025 huggingface dataset:
Terms of a Sale and Purchase Agreement
Authors: Chong Seung
Published: November 2023

This chapter is a ‘nuts and bolts’ analysis of some of the basic terms in a sale and purchase agreement, excluding the warranties which are discussed in Part II of this book. Many of these terms are the same as those in sale and purchase agreements used internationally, but they need to be properly understood in the light of PRC law and in the context of a PRC transaction.

Sale and purchase agreements in China transactions are often prefaced by recitals describing the background to, and the purpose of, the agreement. Strictly speaking, the recitals are not legally binding, but there is no assurance that a People’s court would not ascribe a legal effect to the recitals

It is customary in international practice to draft a sale and purchase agreement with an operative provision, namely, a clause where the Seller formally agrees to sell, and the Buyer agrees to buy, the subject matter in question.
Material Markets
Authors: MacKenzie Donald
Published: November 2023

Financial markets, processes, and instruments are often difficult to fathom; the credit crisis highlights both their importance and their fragility. Donald MacKenzie is one of the most perceptive analysts of the workings of the financial world. In this book, he argues that economic agents and markets need to be analyzed in their full materiality: their physicality, their corporeality, their technicality. Markets are populated not by disembodied, abstract agents, but by embodied human beings and technical systems. Concepts and systematic ways of thinking that simplify market processes and make them mentally tractable are essential to how markets function. In putting forward this material sociology of markets, the book synthesizes and contributes to the new field of social studies of finance: the application to financial markets not just of economics but of wider social-science disciplines, in particular science and technology studies. The topics covered include the development of financial derivatives exchanges (non-existent in 1970, but now trading products equivalent to $13,000 for every human being on earth); arbitrage; how corporate profit figures are constructed; the crucial new markets in carbon emissions; and a case-study of a hedge fund (based, unusually, on direct observation of its trading). The book will appeal to research students and academics across the social sciences, and the general reader will enjoy the book’s explanations and analyses of some of the most important phenomena of today’s turbulent markets.
Derivatives: The Production of Virtuality
Authors: MacKenzie Donald
Published: November 2023

In Chapter 3, Hardie and I noted that the hedge fund we studied sought to hedge—reduce or cancel out—its direct exposure to changes in US dollar and euro interest rates. The fund’s trader could do this by opening up a trading screen on his computer and clicking his mouse to buy or to sell the bond futures traded on the Chicago Board of Trade or its European counterparts. It is a simple operation that takes no more than a few seconds, but one that has a complex history, which is the topic of this chapter.
Conclusion: Opening the Black Boxes of Finance
Authors: MacKenzie Donald
Published: November 2023

Friday, 14 September 2007: Britain’s high streets. It was a scene from a different time or a different place: from Depression-era America, perhaps, or modern Argentina. The United Kingdom’s first large-scale bank run since Victorian times had begun, after the previous night’s leak to the BBC that Northern Rock had had to turn to the lender of last resort, the Bank of England, for emergency funding. As one depositor queuing outside the stricken bank’s branch in Kingston-upon-Thames told a journalist from the Financial Times: ‘I’m here to take the lot out, because they’re going under, aren’t they?’ (Braithwaite and Tighe 2007).
Tony Martin and the Nightbreakers: Criminal Law, Victims, and the Power to Punish
Authors: Farmer Lindsay
Published: November 2023

On the night of 20 August 1999 two men, Fred Barras (aged 16) and Brendon Fearon (aged 30), broke into Bleak House, a remote Norfolk farmhouse. They were carrying holdall bags and torches and wearing gloves. As they moved around one of the ground floor rooms in the dark they were disturbed as the homeowner, Tony Martin, appeared on the staircase and began firing a shotgun at them. Three shots were fired, one hitting Barras in the back and killing him, and one causing serious injuries to Fearon’s legs as he made his escape. Martin was arrested and charged with murder and wounding with intent, while Fearon was charged with conspiracy to burgle.
‘Architecture’, Criminal Justice, and Control
Authors: Jones Richard
Published: November 2023

The aim of this chapter is to show how Lessig’s novel concept of ‘architecture’ offers a useful analytic framework within which to make sense of several aspects of the operation of criminal justice and crime control, including various recent developments involving new technologies.1 The chapter shows how the explanatory value of this concept is strengthened when combined with Bottoms’ (2001) criminological account of compliance. This work by Lessig and Bottoms is synthesized into a larger model of social regulation and compliance, one which integrates and accords due importance to the role of physical space and technological design.
Public Access to EU Environmental Documents-Regulation (EC) No. 1049/2001
Authors: Schram Frankie
Published: November 2023

The legal framework for access to environmental information of the European Parliament (EP), the Council, and the Commission is enshrined in Regulation (EC) No. 1049/2001 regarding Public Access to European Parliament, Council and Commission Documents (Access to EU Documents Regulation). This Regulation entered into force on 3 June 2001, and became applicable on 3 December 200 l. It seeks to create more openness, enabling citizens to participate more closely in the decision-making process, bringing about greater legitimacy of the administration, and increased accountability to citizens. Openness contributes to strengthening the principles of democracy and respect for fundamental rights as laid down in Article 6 EC and the Charter of Fundamental Rights. These goals are also very important to help realize the goals of the environmental policy of the European Community (EC), and the Regulation therefore marks an important step in realizing the goals set out in Article 174 EC.
Atmospheric Pollution
Authors: Gonzdlez-Calatayud Alexandra
Published: November 2023

Air pollution remains a problem in most European cities. This is one of the conclu sions of the Third Assessment of the European Environment, prepared by the European Environment Agency (EEA). TheEEA prepared the Third Assessment Report for the ‘Environment for Europe’ ministerial conference taking place in the Ukraine in 2003, under the auspices of the United Nations Economic Commission for Europe (UN/ECE). Overall, the EEA’s assessment points to important improvements in environmental management. In particular, it notes big cuts in emissions of heavy metals and persistent organic pollutants. Emission of traditional air pollutants, such as nitrogen oxides, has been slashed. There have been big cuts in releases of ozone depleting substances, plus a fall in greenhouse gas emissions over the last decade. However, although concentrations have been falling since monitoring began, a significant proportion of the urban population experiences concentrations above future European Union (EU) limit values.
Third Party Use Of Trade Marks
Authors: Wilkof Neil J
Published: November 2023

Trade marks are unique among intellectual property rights with respect to the treatment of use. In some jurisdictions, use may be a prerequisite for registration.Non-use of a registered mark is a ground for cancellation of the registration. A particularly vexing aspect of trade mark use by a person other than the proprietor of the mark. Unauthorized use of the mark by a third party is a ground for infringement. As such, it poses no special problems. However the matter becomes more complicated when the use is authorized, where two major issues are encountered.
Use For The Purpose Of Resisting An Application For Revocation For Non-Use
Authors: Isaac Belinda
Published: November 2023

It is a fundamental principle of trade mark law, and indeed it is expressly stated in European law, that registered trade marks must actually be used if the proprietor is to continue to benefit from the exclusive rights granted by virtue of registration.2 In Europe, if a registered trade mark is not used, it will become liable to revocation unless legitimate reasons for the non-use exist. But what is meant by ‘use’ in this context and just how much use is required to withstand an action for revocation? The aim of this chapter is to address these two questions and, in seeking to answer them, to provide an insight into the approach adopted by the European Court of Justice (ECJ).
The requirement for evidence of use of earlier trade marks In opposition and invalidation proceedings
Authors: James Allan
Published: November 2023

The growth in the number of registered trade marks and the introduction of supra-national systems of registration, such as the Community trade mark, have the potential to increase the number of conflicts between proprietors of similar trade marks and thus the prospect of any particular trade mark encountering a third party opposition or invalidation action.
The Marginal Damage Costs of Carbon-dioxide Emissions
Authors: Tol Richard S J
Published: November 2023

Estimates of the marginal damage costs of carbon-dioxide (CO2) emissions are a welcome input into policy advice. Never a prescription, marginal-damage-cost estimates provide guidance to the intensity of a policy, and provides transparency and consistency, and hence accountability to policy choices. To put it differently, marginal-damage-cost estimates reduce the arbitrariness of policy goals. In theory, the marginal damage costs should be equal to the tax on carbon, to the price of tradable permits, or to the marginal costs of emission reduction. In practice, the carbon tax (etc.) should not be too far from the estimated marginal damage costs because otherwise environmental and economic objectives would be too far out of step with each other. In that sense, an estimate of the marginal damage costs provides a yardstick for climate policy. At the same time, it allows for the coordination of climate, energy, transport, and other policies. This is important for economic efficiency, but also for accountability. Why would CO2 emissions from cars be treated differently from power plants emissions? Finally, in explicitly choosing a number, a government is forced to justify its policy and make public its deliberations on why it considers climate change to be a problem of a certain seriousness, but not more serious nor less serious.
Kyoto Plus
Authors: Barrett Scott
Published: November 2023

The global climate regime today consists of the Framework Convention on Climate Change (FCCC) and its associated Kyoto Protocol. The Framework Convention establishes a general goal—preventing ‘dangerous anthropogenic interference with the climate system’. The Kyoto Protocol is but the first of many protocols intended to achieve this ambition. As I was finishing this paper, news broke that Russia had ratified the Kyoto Protocol. As a consequence, Kyoto will now enter into force and be binding upon all its parties. Romano Prodi, president of the European Commission, called this ‘a huge success for the international fight against climate change’. However, history may judge the moment differently. Entry into force may only expose Kyoto's fundamental weaknesses. One thing is clear: Kyoto will not stabilize concentrations at any level, let alone one that avoids ‘dangerous interference’ with the climate. Kyoto only constrains the emissions of some (not all) countries by a little bit for a very short period of time. Stabilization will require deeper cuts, by more countries; and these will need to be permanent. By design, Kyoto's importance lay in creating a foundation upon which further emission reductions could be achieved. Kyoto was intended to be a first step.
Primary-B verb types
Authors: Dixon R M W
Published: November 2023

Primary-B verbs can, like Primary-A, be the only verb in a sentence, with all their roles filled by NPs (e.g. John saw Mary). But they can also, unlike Primary-A, have a complement clause as alternative to an NP in one syntactic relation (e.g. John saw that Mary had won). Whereas most Primary-A verbs, when used in a literal sense, take concrete NPs, many Primary-B verbs may take any type of NP in O relation, e.g. an activity noun as in John witnessed the incident.

The sections below outline the variety of complement clauses that the various types and subtypes of Primary-B verbs take. We return to this topic in Chapter 8, there providing semantic explanation for the occurrences.
Bahamas
Authors: Bernd Hillebrands , Schwehm Johannes
Published: November 2023

The process of political decolonization in the Bahamas ran parallel to the gradual extension of suffrage after 1959, and to the gradual transfer of power from British rule to an autonomous government. Internal selfgovernment was granted in 1969, and the Bahamas finally gained independence in 1973, being one of the last British colonies to do so.
Ecuador
Authors: Nohlen Dieter , Pachano Simon
Published: November 2023

On declaring independence in 1822, Ecuador became a part of Great Colombia. Complete political independence was achieved in 1830, when the country separated from Great Colombia. Political development in the following years was marked by a conflict of interests between the trade oriented liberal forces of the coastal areas and the conservative landowners of the mountain regions.
Paraguay
Authors: Leon-Roesch Marta , Ortiz Richard Ortiz
Published: November 2023

The recorded history of Paraguay begins with the first encounters between European explorers and Guarani tribes that populated the upper reaches of what are now the Parana and Paraguay rivers. The first European settlement, established in 1537, later became the Paraguayan capital Asuncion.
Uruguay
Authors: Nohlen Dieter
Published: November 2023

Uruguay stands out from the other Latin American countries because of its long tradition of competitive democratic politics. The country has experienced nearly 60 years of democracy during the 20th century.
Field Linguistics
Authors: Crowley Terry
Published: November 2023

Crowley's voice of experience brings us the best practical fieldwork guide to date. Sensible, frank, and comprehensive, this book prepares beginning field workers for the rigours ahead and will save years of costly trial and error. N. J. Enfield This book is a comprehensive, practical guide to field linguistics. It deals in particular with the problems arising from the documentation of endangered languages. Deploying a mixture of methodology and practical advice and drawing on his own immense experience, Terry Crowley shows how to record, analyse, and describe a language in the field. He covers the challenges and problems the researcher is likely to encounter, offers guidance on issues ranging from ethics to everyday diplomacy, and provides full discussions of corpus elicitation, how to keep track of data, salvage fieldwork, dealing with unexpected circumstances, and many other central topics. "We all learn by our mistakes," he writes, "and I have plenty of my own to share with you."
Solicitors’ Undertakings
Authors: Davies Mark R
Published: November 2023

An undertaking may be defined as any statement by a solicitor or firm that the solicitor or firm will do something or cause something to be done, or refrain from doing something, given to someone who reasonably relies upon it.1 Undertakings play an important role in many aspects of solicitors’ work, facilitating the smooth and efficient running of numerous transactions. The importance played by undertakings, and the high degree of trust which must be placed in solicitors for them to operate appropriately, means that effective enforcement mechanisms are essential.
Other General Principles
Authors: Davies Mark R
Published: November 2023

As previously discussed, a solicitor should be judged by the standards of a ‘reasonably competent’ rather than a ‘particularly meticulous’ practitioner. One specific application of this principle is that solicitors are not expected to possess an encyclopaedic knowledge of the law, although they may be expected to recognise gaps in their knowledge and undertake legal research or seek expert help as appropriate. It is a long established principle that a solicitor is not answerable for every gap or error in knowledge, especially with regard to newly developed areas of law or points of difficult or doubtful construction.
Introduction
Authors: Drori Gili S , Meyer, John W , Hwang Hokyu
Published: November 2023

The intensification of global interdependencies and the consolidation of the global as a social horizon-both captured in the now popular term globalization-have provided fertile ground for the creation of new organizations and the expansion of existing ones. With globalization, much human activity has spawned a growing set of universalized rules and standards. The older protective armor provided by the sovereign national state and society has weakened, so much local activity become linked into the global web of organizations and institutions.
The Legal Duties Of An Institutional Investment Manager
Authors: Setten Lodewijk Van , Fur Mag
Published: November 2023

There are a number of legal features that characterize an institutional investment management relationship legally. First, an investment manager is a contractual agent with broad discretion to affect the legal position of his principal in relation to third parties and in relation to certain specified assets. Second, an investment manager may be regarded as a service provider holding itself out as possessed of certain special professional skills. Third, the agreement between an institutional investor and an investment manager, the mandate, is normally reduced to a written document that is signed by both parties and that is particular about the manager’s undertakings to manage a certain portfolio of investments in accordance with a specific investment objective and subject to specific investment restrictions.
Territorial Scope of Application of Regulation 2790/99
Authors: Wijckmans Frank , Tuytschaever Filip , Vanderelst Alain
Published: November 2023

The territorial scope of application is comprised of two dimensions. Formally speaking, it refers to the addressees of Regulation 2790/99 and the Guidelines; materially speaking it refers to the territorial application of the prohibition laid down in Article 81(1) EC and, correspondingly, the block exemption contained in Regulation 2790/99.

From the formal point of view, the addressees of Regulation 2790/99 are the EC Member States. In addition, this Regulation also applies to the EFTA States which are the participating countries in the Agreement on the European Economic Area (‘the EEA Agreement’), ie Iceland, Liechtenstein, and Norway. This follows from the Decision of the EEA Joint Committee No 18/2000 of 28 January 2000 amending Annex XIV (Competition) to the EEA Agreement.
Vertical Agreements For Companies With A Large Market Share
Authors: Wijckmans Frank , Tuytschaever Filip , Vanderelst Alain
Published: November 2023

A distribution agreement may fall outside the scope of Regulation 2790/99 for a variety of reasons. It may have one or more hardcore restrictions as its object, it may include IPRs in a manner that is incompatible with the requirements of the block exemption, or it may involve competitors. Among the most important categories of distribution agreements that cannot benefit from the block exemption are those that exceed the market share limit. The application of the block exemption is indeed subject to the condition that the supplier’s market share does not exceed 30%.
Economic Worlds of Work: Uniting Economic Sociology with the Sociology of Work
Authors: Beamish Thomas D , Biggart Nicole Woolsey
Published: November 2023

The economy is the collective production and distribution of resources, that is, the generation and allocation of material goods and services produced by a society in order to sustain it. Work concerns activities that people engage in to support themselves materially and socially within this larger system of production and exchange. To oversimplify, individuals work, and economies are the result. Economies in turn put individuals to work.
E
Authors: Dacko Scott G
Published: November 2023

Put forth and developed by Beer and Nohria (2000), the two different approaches to organizational change emphasize differences in both the purpose and means of organizational change. With theory E’s purpose being that of creating economic value (e.g. shareholder value), the means of change associated with theory E is viewed as including, among other factors, top-down leadership, an organizational emphasis on structure and systems, and programmatic planning. In contrast, theory O’s purpose of developing human capabilities within the organization for effective strategy implementation and learning from organizational change leads the organization to adopt a cultural focus with participative leadership and rely on an emergent approach to planning. Given that arguments for both approaches to organizational change are equally legitimate and plausible, each has shortcomings relative to the other, however. As such, combining the two approaches, while somewhat paradoxical, may lead to more effective organizational change in comparison to the adoption of only one approach or the other. Still, the daunting challenge associated with the effective integration of the two approaches (either by simultaneous or sequential means) suggests that firms lacking the overall skills to integrate them may be better adopting only a single approach with recognition of its particular costs and benefits.
J
Authors: Dacko Scott G
Published: November 2023

Job characteristics theory as originally developed by Hackman and Oldham (1976) views the relationship between job characteristics and their outcomes as a three-stage model where certain job characteristics ultimately lead to certain end states of motivation and satisfaction. More specifically, job characteristics such as skill variety, task significance, task identity, autonomy, and feedback are viewed as contributing to certain intermediate psychological states including experienced meaningfulness, experienced responsibility, and knowledge of results. These psychological states, in turn, act to influence outcomes including satisfaction, growth satisfaction, and motivation. Such views have subsequently stimulated a wide range of studies on job characteristics including those aimed at evaluating the relationships involved in the above factors as well as the inclusion and influences of other factors into broader job characteristics related theory such as work pressure and its effects. While similar in terminology, job characteristics theory is not to be confused with goods-characteristics theory. (See characteristics theory.)
Introduction
Authors: Parsons Craig
Published: November 2023

This book proposes a typology of explanations of human action. It focuses on explanations of political action—relating to governance, power, and the distribution of resources—but its breakdown applies across the social sciences and history. That is not to say that it covers all scholarship in these disciplines. Some is not explanatory, and some is explanatory but does not directly attempt to explain action. Still, debates about explanations of action form the core of the human sciences. The book’s goal is to offer a relatively simple and fundamental map of this core terrain.
Interception Of Communications: RIPA, Part I, Chapter I, ss 1–20
Authors: Williams Dr Victoria
Published: November 2023

Chapter I of Part I of RIPA (ss 1–20) governs the interception of communications It is the successor to the Interception of Communications Act 1985, replacement of which was prompted by Halford v UK when the 1985 Act was found to be wanting. In human rights terms the Human Rights Act 1998 meant that the issues highlighted in Halford were drawn into focus because there was the real prospect that intercepted communications obtained otherwise than under a properly formulated legal code (and so not ‘in accordance with the law’ for Convention purposes) would be found to be unlawfully obtained as a result of s 6(2) of the 1998 Act, which provides that it is unlawful for public authorities to act in a way which is incompatible with Convention rights.
Lessons from a Decade of Conflict and the Formation of a New Imperial Regime
Authors: Bickham Troy O
Published: November 2023

When a young, amateur colonel in the Virginia militia named George Washington stumbled into an armed confrontation with French forces on the British frontier in May 1754, no one could have imagined either the global conflict it would precipitate or the imperial political shift that would follow.
The Agent Bank In Syndicated Loans and Loan Participations
Authors: Mugasha Agasha
Published: November 2023

Both syndicated loans and loan participations typically have an agent bank to act as a point of contact or middle-man between the borrower and the syndicate lenders/participants, and among the participants themselves. The agent relieves the borrower of the task of communicating the same information to each and every bank and ensures that the banks receive identical information. However, the agent acts for the arrangers and lenders and its primary function is to relieve the lenders of the administrative burden of the mechanical aspects of the loan. It is for this reason that some syndication agreements adopt the more functional designation of ‘servicing’ or ‘administrative’ bank. In practice, though, the agent undertakes more duties than those that are merely mechanical and administrative in nature.
Chemicals
Authors: Molyneux Candido Garcia
Published: November 2023

Will Brussels’ Three Big Bangs Undermine the EC’s Chemicals Revolution? Looking back on 2004 through the glasses of EC chemicals regulation, perhaps the entire year could be summed up by the following quote from a widely distributed environmental newsletter: One major achievement had been to keep the Reach talks on track amid continuing industry hostility and even suggestions that the new European Commission might withdraw its proposal. ‘Member states are now committed to Reach. We’ve made clear that Reach is here to stay—that just by making noise you can’t make it go away,’ the official said. Indeed, the year cannot be described as one of new major regulatory initiatives, but with the Commission services entrenched in defending its proposed REACH Regulation, it certainly has been a year of hard work, and slow but decisive, and sometimes controversial, progress in several important chemicals regulatory areas. This progress was attained in the shadow of three major political changes in Brussels; the ‘Big Bangs’. First, the accession of ten new Member States with a much lower level of economic development than the EC’s average; second, the election of a new European Parliament (EP); and third, the introduction of a new Commission, which has put much emphasis on the need to reinforce the Community’s competitiveness. Observers of EC chemicals regulatory policy spent the greater part of 2004 pondering how these political changes will affect the EC chemicals regulatory framework and developments, particularly, the Commission’s proposed REACH Regulation. However, the developments of the past year should not be overlooked.
Positive Risks: Taking Innovation In The Public Sector Seriously
Authors: Mulgan Geoff
Published: November 2023

Charles Dickens’ novel Little Dorrit describes the Circumlocution Office at the centre of the government machine which decided ‘what should not be done’. The office reliably killed any ideas which might make government better. Dickens reflected the conventional wisdom, according to which public organizations cannot innovate. Bureaucracies lack the competitive spur that drives businesses to create new products and services. Their rules squeeze out anything creative or original. Their staff are penalized for mistakes but never rewarded for taking successful risks. So while business develops new chips, iPods, aircraft, and wonder drugs, the slow and stagnant public sector acts as a drag on everyone else.
Open Innovation in Value Networks
Authors: Cloodt Wim Vanhaverbeke Myriam
Published: November 2023

New technologies such as information and communications technology (ICT), biotechnology, or new materials are becoming an increasing powerful driving force generating competitive advantages and commercial success for companies in a wide range of industries. The complexity of new technologies often goes beyond the capabilities of individual companies (Hagedoorn and Duysters 2002) and forces innovating companies to cooperate with other firms and organizations to reduce the inherent uncertainties associated with novel product markets. Simard and West (Chapter 11) have analyzed the role of different types of networks in Open Innovation. In Chapter 12 Maula et al. have shown that central firms have to take the role of a network orchestrator in the case of the development of systemic innovations.
The nuclear controversy in the context of Iran’s evolving defence strategy
Authors: Roshandel Jalil
Published: November 2023

Debates over Iran’s nuclear weapons programme are currently making headlines. The media in the United States are paying extraordinary, almost hourly, attention to a whole range of issues related to Iran, from economic sanctions to the talks with the ‘E3’ (France, Germany and the United Kingdom). In Europe there is even more interest in helping Iran avoid a United Nations Security Council decision on its nuclear programme. In the Middle East, Iran is the centre of attention not only because of internal developments, which could significantly influence the fate of democracy in the region, but also because of the concern expressed by Israel and the likelihood of a pre-emptive strike against Iran’s nuclear installations.
The EU and Iran: towards a new political and security dialogue
Authors: Quille Gerrard , Keane Rory
Published: November 2023

The European Union and the Islamic Republic of Iran have long been engaged in developing and deepening their relations. Pre revolutionary Iran was one of the first countries to attract the partnership of what was then the European Economic Community (EEC). In 1992 this relationship deepened further through a process known as the ‘critical dialogue’. The critical dialogue, while not always substantive, was more open and ambitious than the United States’ ‘dual containment’ approach to both Iran and Iraq. While many of the EU member states understood the United States’ concerns, they judged the US containment policy towards Iran to be unproductive.
Judging Rights in a Democratic South Africa
Authors: Corder* Hugh
Published: November 2023

Jim Harris had many connections with South Africa. One of his earliest published articles, which appeared in the journal of the Faculty of Law at the University of Cape Town, explored the concept of sovereign will as a conceptual metaphor, and described briefly the principles comprising the logic of legal science. The exist- ence of legality or the rule of law in apartheid South Africa was questioned in Legal Philosophies when introducing the notion of the morality of law.
Constitutionalizing the Federal Vision?
Authors: Nicolaïdis Kalypso
Published: November 2023

In March 2003, after a year of intense debates, the conventioneers drafting the new EU Constitution gathered up their courage to state in its first Article that the Union ‘ . . . shall administer certain common competences on a federal basis’: Mrs Thatcher’s dreaded F word was once again out of the bottle. A few weeks later, Tony Blair and Valery Giscard D’estaing, the president of the Convention had dinner together and the genie was bottled back in—replaced by a tautological reference to the ‘community way’.
The US Supreme Court and the European Court of Justice Compared
Authors: Shapiro Martin
Published: November 2023

This paper will compare the US Supreme Court with the Court of Justice of the European Union (ECJ). Both are courts of general jurisdiction of federal systems. Typically in continental Europe national courts are divided into three quite separate systems: a civil court system that hears disputes between private parties and criminal prosecutions, an administrative court system dealing with challenges to the lawfulness of acts of government administration, and a single constitutional court which is the only court that may deal with issues of constitutionality and deals solely with such issues. In the United States most courts, both state and federal, undertake private, criminal, and administrative adjudication and have the power to declare laws or other government actions unconstitutional.
Federalism and Democratization: The United States and European Union in Comparative Perspective
Authors: Kelemen R Daniel
Published: November 2023

There is an inherent tension between federalism and democracy. From the perspective of the constituent states that make up a federation, federalism constrains democracy because requirements of federal law may limit a state’s ability to adopt policies consistent with its citizens’ preferences. From the perspective of the federation as a whole, federalism constrains democracy because state governments may be in the position to block policies favored by majorities at the federal level.
Fiscal Federalism in the United States and in the European Union
Authors: Hallerberg Mark
Published: November 2023

One relevant comparison between the European Union and the United States focuses on fiscal relationships among different levels of government. On the European side, there is an increasingly vigorous debate about the proper design of intergovernmental fiscal relationships. Countries that adopted the euro have given up both monetary and exchange rate policies as possible tools to influence the economy. This development increases both the importance of fiscal policy and the necessity of using it.
The Production of Institutional Complementarity? The Case of North East England
Authors: Hudson Ray
Published: November 2023

In this chapter, I explore the use of some of the concepts elaborated by Boyer (Chapter 2) to help account for the coevolution of the institutions of the state and private sector companies in the north east of England. The north east of England has formed a ‘laboratory’ in which experiments in institutional innovation have formed part of attempts to develop new forms of public policy in and far the region over a period of some seventy to eighty years. Boyer elaborates a range of concepts relating to varying forms of institutional relationships, ranging from strong concepts of supermodality and complementarity to weaker concepts of compatibility, hierarchy, coherence and complementarity, and related concepts of isomorphism, clustering, and coevolution that are helpful in understanding these successive institutional innovations.
The Exceptional Manager
Authors: Delbridge Rick , Gratton Lynda , Johnson Gerry
Published: November 2023

Most businesses face the choice of either competing on the 'low road' of cost, or the 'high road' of innovation and value. Much the same goes for national economies and the UK is no exception. But how do businesses - and the people who manage them - go beyond the policy prescription and the easy exhortation to make that shift, to manage change and go well beyond business as usual? This ground-breaking book - the combined insight of some of the best minds in management, grouped together in the Advanced Institute of Management Research - does just that. It presents a clear and crisp analysis of the context and the challenge; and offers managers a range of ideas on how to develop the competences, practices and values that can make a difference. It is essential reading for policy makers, analysts, academics, and managers to be who want to make a different future.
Making a Difference
Authors: Delbridge Rick , Gratton Lynda , Johnson Gerry
Published: November 2023

In the 1970s, the UK was known as the ‘sick man of Europe’. It had an ailing economy, a troubled workforce, and, it was generally accepted, below-average managerial capability. During the next decade, it went through something of an economic and business revolution. Many people applaud this time; others abhor it. Yet few would argue that it did not make a difference. It affected the structure of the country’s economic and financial institutions, the nature of society, the role managers play within it, and their relationship with organized labour. By the year 2000 the UK was hailed as one of the more successful economies in Europe, if not in the world. Yet there remained major challenges for the managers of the new millennium. This book is about those challenges and what managers might do to address them.
Overcoming Busyness
Authors: Delbridge Rick , Gratton Lynda , Johnson Gerry
Published: November 2023

The lack of energetic and focused action-taking by managers is a pervasive problem in companies. Research shows that only about 10 per cent of managers take persistent and purposive action to achieve their goals. It is not that the other 90 per cent do not know what to do: most have clearly defined projects and goals and possess all the knowledge and resources they need for taking action. The problem is that, even though they know what to do, they simply do not carry it out. Over the last five years, we have researched action-taking by managers in several related projects.
The SLIP Technique as a Window on the Mental Preparation of Speech: Some Methodological Considerations
Authors: Nooteboom Sieb , Quené Hugo
Published: November 2023

This chapter is about the so-called SLIP (Spoonerisms of Laboratory-Induced Predisposition) technique for eliciting spoonerisms. This technique was introduced in 1974 and has since been used by a number of researchers to study aspects of the mental production of speech. Recently the technique has seen a revival. A major question in many of the published studies is, ‘‘What is the cause of lexical bias?’’ Lexical bias is the phenomenon by which phonological speech errors more often lead to real words than to non-words, when a priori probabilities are equal. According to some, lexical bias is caused by feedback of activation between phonemes and words (Stemberger 1985; Dell 1986), whereas others claim that lexical bias is caused by selfmonitoring of inner speech rejecting and correcting non-words more often than real words (Levelt 1989; Levelt et al. 1999). This issue is important because it reflects two different ways of looking at the architecture of the mental processes involved in human speech production. Researchers in the feedback camp believe that, although one may distinguish between different hierarchically related components of the speech-production system, such as a component for retrieving and ordering lexical items and a component for retrieving and ordering phonemes, the hierarchical relation is only partial because there is interaction in the form of immediate feedback of activation between successive components.
How Do Listeners Compensate for Phonology?
Authors: Shin Eurie
Published: November 2023

Words produced by speakers in connected speech are not identical with their intended forms; the signal that reaches the listener’s ears has undergone phonological and phonetic processes of assimilation, reduction, coarticulation, and so on, leading researchers to ask how listeners map acoustic realizations to linguistic meanings. Assimilatory processes have especially attracted researchers’ attention because these processes may result in phonemic change resulting in lexical ambiguity, which can challenge the listener’s recognition of the intended utterance. Yet human listeners generally seem to have little or no difficulty recognizing the intended forms from assimilated forms in everyday speech. Surface-form variations resulting from assimilation do not hinder communication (Koster 1987).
Child Language
Authors: Snyder William
Published: November 2023

This is a systematic presentation of the parametric approach to child language. Linguistic theory seeks to specify the range of grammars permitted by the human language faculty and thereby to specify the child's "hypothesis space" during language acquisition. Theories of language variation have central implications for the study of child language, and vice versa. Yet the acquisitional predictions of such theories are seldom tested against attested data. This book aims to redress this neglect. It considers the nature of the information the child must acquire according to the various linguistic theories. In doing so it sets out in detail the practical aspects of acquisitional research, addresses the challenges of working with children of different ages, and shows how the resulting data can be used to test theories of grammatical variation. Particular topics examined in depth include the acquisition of syllable structure, empty categories, and wh-movement. The data sets on which the book draws are freely available to students and researchers via a website maintained by the author. The book is written for scholars and students of child language acquisition in linguistics, psychology, and cognitive science. It will be a valuable reference for researchers in child language acquisition in all fields.
Individual rights
Authors: Gaertner Wulf
Published: November 2023

Chapter 2 has taught us that a set of rather mild-looking conditions imposed on an Arrovian social welfare function creates the dictatorship of one person. Whenever this individual prefers any x over any y from the set of alternatives X , society prefers x over y by necessity, and this holds for all pairs of alternatives from X and for all profiles in the domain of the social welfare function. Arrow called such an individual a dictator, and most people will agree that a person with such wide-ranging power is unacceptable for a democratic society.
Cooperative bargaining
Authors: Gaertner Wulf
Published: November 2023

Bargaining situations are ubiquitous in our times, both in the Western and the Eastern hemisphere. Wage negotiations between a group of employers and a trade union, trade agreements between single countries (e.g. the US and Mexico) or between larger associations (the European Union and the US) or, in the political sphere, disarmament talks between East and West during the Cold War era, and, last but not least, environmental negotiations among developed nations and between developed and less developed countries, are only some examples of bargaining that have received considerable attention over the years.
The Reparations Provisions for Victims Under the Rome Statute of the International Criminal Court
Authors: Rivas Gilbert Bittiand Gabriela Gonzalez
Published: November 2023

One of the great innovations of the International Criminal Court (“ICC” or the “Court”) is the role extended to victims. A concerted effort to establish effective international law mechanisms for the protection of the rights of victims was made during the drafting of the Statute of the International Criminal Court (the “Rome Statute” or the “Statute”), the Rules of Procedure and Evidence (the “Rules”), and the Regulations of the Court (the “Regulations”).

Under these instruments, victims will enjoy rights that have never before been incorporated into the mandate of an international criminal tribunal.
Sermons, Visions, and Dreams
Authors: James Wendy
Published: November 2023

A woman got up in Chali church and told the people a dream she had. There was a huge hole, and her mother was in it cooking food. And the hole was hell. Her mother asked her to come down and eat some food. She said, no, no, I can’t come down, I am a person of Jesus now and I can’t come down where all you people are. And also, there were all these people dancing, the kind of dancing which had been going on.
Time For Extradition
Authors: Nicholls Clive , Montgomery Clare , Knowles Julian B
Published: November 2023

Extradition legislation from the EA 1870 onwards generally required the defendant’s return to take place as quickly as possible after the Secretary of State ordered it. Section 16 and para 10 of Sch 1 to the EA 1989 gave the defendant the right to apply for discharge if he was not extradited within a certain period following the making of an order for his return, unless there was a good reason for the delay. This policy is continued in the EA 2003. The EA 2003 lays down time limits within which extradition has to take place following the conclusion of proceedings, in default of which the defendant is entitled to be discharged unless there are reasonable grounds for the delay.
Post-Surrender Matters
Authors: Nicholls Clive , Montgomery Clare , Knowles Julian B
Published: November 2023

The UK’s involvement in the extradition process does not necessarily end with the defend- ant’s surrender to the requesting territory. As explained at para 5.77, most extradition treaties incorporate the rule of specialty and the rule against re-extradition. These rules place restrictions on how an extradited defendant can be dealt with in the requesting state. If the state wishes to try the defendant for an offence other than one for which he was extradited, or if it wishes to extradite him to a third state, then it may be necessary for it to seek the consent of the UK.
International Information Systems And Mutual Legal Assistance Institutions
Authors: Nicholls Clive , Montgomery Clare , Knowles Julian B
Published: November 2023

Since the early 1990s the EU has been increasingly active in criminal justice matters. This chapter examines the EU bodies and systems that have developed to enable the police, judiciary and customs within the EU to exchange information concerning crime and those suspected of having committed criminal offences. The Europol Information System, the Schengen Information System and the Customs Information System are the primary means by which that information can be exchanged across borders within the EU in an effort to combat cross-border crime.
Knowledge-Based View of Radical Innovation: Toyota Prius Case
Authors: Nonaka Ikujiro , Peltokorpi Vesa
Published: November 2023

Technological changes occur through non- linear cycles of incremental and radical innovations. In addition to incremental improvements on the existing technology and technological processes, occasional radical innovations emerge, with potentially devastating effects on the old technological and even economic systems (Schumpeter 1934). While potentially providing organizations with rare and inimitable sources of competitive advantage (Barney 1991), radical innovations are characterized by high risk and uncertainty. Be- cause of the inherent uncertainty, companies tend to accumulate knowledge, techniques, and skills through incremental improvements.
Introduction
Authors: Ormerod David , Williams David Huw
Published: November 2023

Until 1968 the English law of stealing developed in a haphazard fashion over several centuries. The common law began with a crude notion of stealing which covered only the most obvious and direct taking by one person of property which was in the possession of another. As the inadequacies of the law were exposed by the ingenuity of rogues, so the courts and, later, Parliament, extended the law to punish more sophisticated forms of dishonesty.