bluuebunny/crossref_metadata_2025 huggingface dataset:
Performance Appraisal and the Emergence of Management
Authors: Townley Barbara
Published: November 2023

A number of articles have questioned approaches taken to the study of management (Carroll and Gillen 1987; Reed 1984; Stewart 1989; Whitley 1984, 1989; Willmott 1984, 1987). They echo Reed’s (1984 : 279) argument that there is a need for ‘a substantial reconsideration of the conceptual equipment through which management on a theoretical, methodological and empirical level is to be understood’. Studies of management are criticized for treating it as a technical, politically neutral activity, decontextualized and depoliticized (Willmott 1987). Stewart (1989) notes that management is all too often depicted as a static entity, a universally similar activity, prone to the development of lists.
Three Studies In Change*
Authors: Park William W
Published: November 2023

Noel Coward complained that reading footnotes is like having to go downstairs to answer the doorbell while making love. In a similar vein, some lawyers consider footnotes as annoying detours, to be used only for source citations. Not all agree, however. Footnotes that address substantive topics often serve as helpful intellectual visitors, permitting introduction of useful auxiliary information without disrupting the flow of text. Readers wishing to ignore the doorbell are free to do so. Portions of this essay have been adapted from the Clayton Utz Lecture, delivered at the University of Sydney in August 2004. For comments on earlier drafts, thanks are due to Laurie Craig, Karyl Nairn, and Gary Sampliner. Helpful research assistance came from Katie Besson, Brenna Casey, Christina Spiller, and Carolyn Wright.
Judicial Supervision as Risk Management
Authors: Park William W
Published: November 2023

The genesis of the material in this section derives from a decades-old debate about the extent to which an arbitral award’s validity should depend on the law of the country where the proceedings are held. The problem is complex not only because it implicates several legal systems, but also because the place of arbitration sometimes represents a legal fiction. An “arbitral seat” is often designated (by the contract or the arbitral institution) to serve as the official venue at which the award is deemed made, notwithstanding that hearings and deliberations unfold elsewhere for the convenience of witnesses, counsel, and arbitrators. The context for this well-known line from Juvenal’s Sixth Satire has been all but forgotten, perhaps wisely so. In suggesting that husbands lock up their wives to safeguard their chastity (seemingly a preoccupation in ancient Rome) Juvenal slyly adds, “But who will guard the guards themselves? Your wife is as cunning as you, and begins with them.” Sed quis custodiet ipsos Custodes? Cauta est et ab illis incipit uxor. See Juvenal, Satires VI(The Ways of Women), 347.
The Effect of Annulment
Authors: Park William W
Published: November 2023

If a judge in New York vacates an arbitral award made in Manhattan, the award normally becomes unenforceable against assets in the United States. It might be a different story, however, if the prevailing party in the underlying arbitration decides to present the vacated award for enforcement against property in other countries, such as bank accounts in Geneva, Berlin, or Paris. The text of the New York Arbitration Convention gives no automatic res judicataeffect to a foreign judgment setting aside an arbitral award. The Convention provides that vacated awards “may” (not “must”) be refused enforcement, and explicitly allows application of whatever applicable national law might prove more favorable to the party seeking award enforcement. Thus courts outside the country of arbitration are generally free either (i) to recognize the arbitral award, or (ii) to deny recognition and thereby give effect to the annulment. Few arbitration statutes give much guidance on when or whether courts should enforce vacated awards. Generally the matter is addressed only by scholarly perspectives and conflicting case law.
The Architecture of Arbitration Law
Authors: Park William W
Published: November 2023

Replacing several centuries of piecemeal legislation and random judicial decisions, the 1996 English Arbitration Act (hereinafter the “Act”) provides the first truly systematic and comprehensive legal framework for arbitration of commercial disputes in England. * Adapted from an essay originally published in 1998. 1 The Act applies to proceedings commenced on or after 31 January 1997, regardless of the date of the arbitration agreement. Schedule 2, Statutory Instrument No. 3146 (c. 96).
Investment Arbitration
Authors: Park William W
Published: November 2023

When legal claims directly implicate public interests, the role of arbitration may be open to question. If challenges to environmental regulations or tax assessments create risks for general community welfare, an argument exists that resolution of such controversies should remain the prerogative of courts, rather than being surrendered to arbitrators. To some extent, societal well-being can be jeopardized by any large arbitration, even if exclusively between private companies. A license dispute between two major pharmaceuticals might result in an award that affects prices paid by consumers. However, it is easier to become alarmed about infringement of national sovereignty when states become parties to arbitration, as happens increasingly under investment treaties.
Tax and Miscellaneous Matters
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

The principle that employees should be placed in no better position than they would have been in if the contract had been performed means that damages for wrongful dismissal are awarded net of tax and national insurance contributions. This is known as ‘the Gourley principle ‘ (see British Transport Commission v Gourley[1955] 3 All ER 796, a personal injuries case, which was applied to wrongful dismissal by the Court of Appeal in Parsons v B N M Laboratories Ltd[1963] 2 All ER 658). At the time of the decision in Gourley, post-cessation receipts such as damages for wrongful dismissal, were not taxable in the hands of the employee.
Calculating the Compensatory Award: Fringe Benefits and Expenses
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

Fringe benefits play an ever-increasing part in the employment package, and, although the loss of earnings claim is usually the more substantial element in the compensatory award, compensation may also be awarded for the loss of these benefits. This chapter looks at how compensation for the loss of such benefits is assessed and describes the circumstances in which it is possible to recover expenses incurred as a result of the dismissal. The loss of fringe benefits is included in the assessment of ‘loss ‘ under the Employment Rights Act 1996, s. 123.
Contributory Fault
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

All awards of unfair dismissal compensation except the additional award (City and Hackney Health Authority v Crisp[1990] IRLR 47) may be reduced for contributory fault by such amount as the industrial tribunal considers just and equitable in the circumstances. This chapter looks at the circumstances in which an award may be reduced. In relation to the compensatory award it is provided that, where the tribunal finds that the dismissal was to any extent caused or contributed to by any action of the claimant, it shall reduce the amount of the compensatory award by such proportion as it considers just and equitable having regard to that finding (ERA 1996, s. 123(6) ).
Redundancy
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

The statutory rules relating to the right to a redundancy payment are now set out in Part XI of the Employment Rights Act 1996. A detailed account of the law relating to redundancy is outside the scope of this book but the rules relating to the calculation of a redundancy payment are set out below. Entitlement to a redundancy payment is subject to the following qualifying conditions: the Claimant must be an employee; the Claimant must have been continuously employed for two years or more ending with the relevant date (ERA 1996, s. 155);
What Was Natural Philosophy in the Late Middle Ages?
Authors: Grant Edward
Published: November 2023

If by natural philosophy we understand everything relevant to nature and natural phenomena, it seems plausible to infer that the subject matter of natural philosophy embraces all inquiries and questions about the phys- ical world. The first humans must have been aware of nature, which was all around them and involved in everything they did. Nature was not invented. It was a given. Long before the Greeks, the ancient civilizations of Egypt and Mesopotamia had already learned much about nature and its actions. But the ancient Greeks brought something new to the study of nature: they invented instructive ways of talking about it. During the period 600 to 400 BC, the foundations of Greek natural philosophy were laid by a group of thinkers known collectively as the Presocratics, who no longer explained natural phenomena, such as earthquakes, lightning, storms, and eclipses, as the actions of happy or angry gods, but as the actions of natural forces that regularly produced such effects. Not only did the Presocratics eliminate the gods as the causes of natural phenomena and replace them with natural causes, but they also devised a number of different approaches to explain the apparent diversity and change they observed in the world around them. In the process, they enunciated some of the most basic problems that would shape the discipline that would eventually be known as physics, or natural philosophy.
Making Mathematicians at Cambridge
Authors: Josefowicz Diane Greco
Published: November 2023

Universities earn their reputations in different ways, from rankings in news magazines to lore passed down from one generation of students to the next. Indeed, it’s hard to imagine a university without some type of institutional identity; such a school would be faceless, bland and uninteresting, the higher-educational equivalent of Musil’s man without qualities. While the peculiarities that distinguish an institution are enshrined in myth and legend and perpetuated as the university’s traditions, they stem from practices that are part of the university’s present life, like the classic MIT ‘hack’ in which undergraduates, who pride themselves on being brilliant pranksters, manage to put something highly improbable—a piano, a giant beanie, a campus police car complete with flashing light—atop the Great Dome virtually every year. Practices like the Dome hack produce an institution’s identity by a peculiarly circular process that at once looks to the past, to tradition, for its inspiration while also perpetually recreating that tradition in light of present circumstances. This tension between past and present is the tradition—something that, in its persistence and its persistent inven- tiveness, sustains and reinforces the institution’s identity.
Article 8 of the European Convention on Human Rights (Right to Respect for Private and Family Life)
Authors: Kotzeva Anna , Murray Lucy , QC Robin Tam
Published: November 2023

The rights protected by Article 8, namely the right to respect for private and family life, one’s home, and correspondence, are less clearly defined than the rights under Article 3 as considered in the previous chapter. Additionally, the rights protected under Article 8 are qualified rights, and interference with such rights by the State in the immigration context, if compliant with the criteria set out within Article 8(2), would not entail an infringement of those rights. Therefore practitioners will need to adopt a methodical approach to the identification of the rights protected by ECHR Article 8 and a similarly clear analysis of the permissible interferences with such rights, set in the context of the supervisory powers of the appellate authorities.
Future Reforms
Authors: Kotzeva Anna , Murray Lucy , QC Robin Tam
Published: November 2023

On 1 April 2007 the Immigration and Nationality Directorate of the Home Office became an independent agency—the Border and Immigration Agency. The changes in the immigration and asylum field which this heralds are unlikely to be cosmetic. The reform will be far reaching and the public commitments already made are very ambitious. As we look ahead to the future, the government is likely to continue to pursue its commitment to fast track asylum decisions and remove failed asylum seekers. The Border and Immigration Agency is responsible for fulfilling target 4 of the Home Office’s Public Services Agreement, which is to ‘reduce unfounded asylum claims as part of a wider strategy to tackle abuse of the immigration laws and promote controlled legal migration’.
Introduction
Authors: Walden Ian
Published: November 2023

Books generally take considerable time to gestate, or at least this one did. As such, in the intervening period, significant changes may occur both in the author’s personal life as well as the world at large. For this book, the terrorist attacks in London on 7 July 2005 occurred on the first (disturbed) day of my sabbatical, and caused a sea-change that has impacted directly on the book. In terms of substantive offences, the change may be considered relatively minor, except perhaps in respect of content crimes.
Committing Crimes: Substantive Offences
Authors: Walden Ian
Published: November 2023

In Chapter 2, we considered the various possible classification schemes for computer crime, choosing to adopt a slightly amended version of the categorization used in the Council of Europe Convention on Cybercrime: computer-related crimes, content-related crimes and computer integrity offences. This chapter considers some of the offences under English law that are relevant to crimes carried out under those three headings, involving information, computers and networks, particularly where cyberspace is the environment.
International Aspects: Jurisdiction And Harmonization
Authors: Walden Ian
Published: November 2023

Computer and cybercrimes inevitably often have a transnational aspect to them, which can give rise to complex jurisdictional issues involving persons, things and acts being present or carried out in a number of different countries. This can be as true for individual acts of criminality as it is for the multinational criminal organization. Even where the perpetrator and victim are located in the same jurisdiction, relevant evidence may reside on a server located in another jurisdiction, such as a ‘Hotmail’ account.
Financial Services
Authors: Russen Jonathan
Published: November 2023

Financial Services: Authorisation, Supervision and Enforcement provides litigators and compliance advisers with an understanding of the powers available to the Financial Services Authority in the context of the regulatory regime established under the Financial Services and Markets Act 2000. It also clearly sets out the processes for authorisation and examines the meaning of 'regulated activity'. The text comprehensively explains the investigatory powers, sanctions and remedies available to the FSA, and the procedures applicable to their exercise, giving invaluable assistance to those advising and representing firms in proceedings involving the FSA. All such proceedings are considered, whether they take the form of an FSA investigation, disciplinary proceedings involving the Regulatory Decisions Committee or the Financial Services and Markets Act Tribunal, civil proceedings in the High Court, or a criminal prosecution. Russen not only makes extensive reference to the detailed provisions of the FSA Handbook, but also addresses, where appropriate, particular issues of practice and procedure that are likely to have an impact upon FSA investigations and any civil or criminal proceedings instituted by the FSA. In addition to its detailed treatment of the procedure governing action and litigation by the FSA, the book contains chapters on the authorisation process and on the substantive law (including complex secondary legislation) relating to money laundering, market abuse and financial promotions. Each of these areas is at the heart of the FSA's role as the single regulator of the financial markets in the UK and has been the subject of recent and substantial change both internally and as result of European developments. The powers of the FSA and the procedures relating to enforcement and litigation in this area are examined in the context of the authorisation rules and ways in which authorised entities may commit regulatory offences.
Mainstream and Regulatory offences
Authors: Russen Jonathan
Published: November 2023

As explained in the Introduction to this book, one of the regulatory objectives of the FSA under section 2 of the FSMA is the reduction in financial crime. The ‘reduction of financial crime objective ‘ is defined in section 6 of the FSMA. It is reducing the extent to which it is possible for a business carried on by a regulated person, or a business carried on in breach of the general prohibition, to be used for a purpose connected with financial crime.
Criminal Prosecutions by the Fsa
Authors: Russen Jonathan
Published: November 2023

The mainstream and regulatory offences recognized or (in the main) created by the FSMA have been explained in Chapter 2. This chapter addresses the role of the FSA as a prosecuting authority, and its right to bring criminal proceedings in pursuit of its regulatory objective under section 6 of the FSMA of reducing financial crime. Outside Scotland the FSA has power to bring a criminal prosecution in relation to any of the foregoing offences. The exposure of firms to criminal proceedings is therefore significant, particularly in relation to investigation offences under section 177 of the FSMA, or the offence of providing misleading information to the FSA which arises under section 398. The FSA ‘s powers of investigation and prosecution of offences under the FSMA are not exclusive, however, as they are shared with other prosecuting authorities.
Civil Liability and the Remedies and Sanctions Available to the Fsa and Investors
Authors: Russen Jonathan
Published: November 2023

The principal mainstream and regulatory offences, and the FSA ‘s standing as a prosecuting authority, have been addressed in Chapter 2. The focus of the present chapter is upon the potential exposure of authorised persons to civil liability at the suit of aggrieved investors, and also the civil and disciplinary remedies and sanctions that are conferred upon the FSA by specific provisions of the FSMA. The latter are also addressed in great detail in the Enforcement Manual. Again it must be borne in mind that this book does not attempt to address the FSA ‘s role as the UK Listing Authority, a matter which is beyond the scope of this book.1 However, before turning to the redress available to the FSA, the exposure of authorised persons to private action by investors should be noted.
Market Abuse
Authors: Russen Jonathan
Published: November 2023

The law of market of market abuse forms a fundamental part of the FSA ‘s powers of investigation (see Chapter 3) and is central to the availability of certain civil remedies which may be invoked by the FSA (as explained in Chapter 5). To the extent that market abuse may also constitute insider trading within the meaning of Part V of the Criminal Justice Act 1993 (CJA), it will also trigger the FSA ‘s powers of prosecution (Chapters 2 and 4). The risk of criminal prosecution under the CJA 1993 or section 397 of the FSMA subsists quite independently of the liability for market abuse which is examined in this chapter. There is a well-known saying that information is power. In the context of a trade on one of the financial markets, an individual holding information not available to others may decide to trade upon the basis of it, to continue with a previously planned transaction or to abandon it, or to alter his trade or simply do nothing, even though publicly available information would suggest a different course of action.
The Financial Ombudsman Service
Authors: Russen Jonathan
Published: November 2023

The Financial Ombudsman Service ( ‘FOS ‘) was established in December 2001 in order to provide investors with an alternative source of redress to that offered by the courts on civil claims of the kind addressed in Chapter 5. The FOS operates independently from the FSA and has assumed the jurisdiction of a number of earlier ombudsman services (such as the office of the Investment Ombudsman, the office of the Banking Ombudsman, and the Securities and Futures Authority Complaints Bureau) under a single, comprehensive complaints scheme.
‘Redbrick’s Unlovely Quadrangles’: Reinterpreting the Architecture of the Civic Universities
Authors: Whyte William
Published: November 2023

Towards the end of November 1919, the young academic Bruce Truscot took a job at a new university. It all came as rather a shock. ‘I saw in front of me’, he later wrote, A vast block of red-brick buildings, ornamented with meaningless scrolls and geometrical figures and tapering here and there into ridiculous little pinnacles looking for all the world like miniature candle-snuffers.
The Secularization of the Chaplaincy: A Brief History of the Columbia University Chaplaincy, 1908–1969
Authors: Wu Albert
Published: November 2023

On July 8 1969, Columbia University ended its 200 year-old official relationship with the Episcopal Church. Columbia’s President Andrew Cordier announced that a ‘reorganization of religious life at Columbia’ was necessary and that ‘religious life on campus must be responsive both to the changing needs of . . . the university community and to the changing climate of religious life in society at large’. As a result, Columbia would abolish the position of University Chaplain; the Earl Hall Center for Religion and Life at Columbia University would replace the University Chaplaincy, and a director instead of a chaplain would assume responsibility for the institution. The university would continue to ‘offer hospitality to denominational activities’, but university funds and facilities would be used ‘primarily to strengthen and to develop programs and resources of non-sectarian nature’.
Grammar, Reading, and Cultural Change in Early Modern Europe: Two Studies
Authors: Harris Jason
Published: November 2023

Jason Harris

The early modern university offers an exemplary instance of the broader cultural shift from oral to textual forms. From their very inception universities were exceptional sites of literacy, yet increasingly in the early modern period they became characterized by grander libraries and more numerous books, textual commentaries proliferated, publication became a recognized forum of university activity (though not yet an obligation), and ultimately even the examination system was altered as the dissertation gradually displaced the disputation. A rounded account of this process and of the social position of universities in general must include evaluation of the grammar school training that preceded matriculation and analysis of the broader development of textual culture in the form of print. It is hard to see how this line of inquiry could be pursued without recourse to the history of humanism.
Excursus I: Four Aporias
Authors: Ashton John
Published: November 2023

Instead of offering a detailed treatment of all the aporias (which would take up far too much time and space) I propose to examine with some care just four of them, and to consider how these are dealt with by some of the many commentators who adopt very deliberately a synchronic approach. Let us begin with chapter 21, regarded as a secondary addition even by many scholars (e.g. Westcott, Dodd, Barrett) naturally inclined to side with unity. The reluctance of scholars even more conservative than Westcott and Dodd (e.g. Thyen, Minear, Frey, Keener) to entertain any suggestion that this chapter was not part of the original Gospel is nevertheless quite comprehensible. As Jeremias remarked as long ago as 1941, it is ‘the basis and starting-point of all source-critical work on the Fourth Gospel’. Once this rampart has been breached the enemy is within the gate: there can be no further defence of integral unity as a matter of principle, and the familiar argument that there is no manuscript evidence, either here or elsewhere, of editorial insertions or modifications loses all its force. On the basis of the manuscript evidence Lindars is confident that chapter 21 ‘is certainly not a late insertion’, but it is worth remembering John Benton’s observation that many medieval authors kept the manuscript of a favourite work over a number of years, making alterations to it as it pleased them. If this is how the fourth evangelist behaved, then we must remain open to the possibility of an indefinite number of authorial modifications over the years, corresponding to the changing situation of the community.
Son Of God
Authors: Ashton John
Published: November 2023

Between the simple messianic faith outlined in the previous chapter and the high christology associated with the figure of the Son of Man lies a middle ground. There can be no question of marking this out clearly, still less of railing it off. Nevertheless, one might reasonably expect to be able to detect in the Gospel at least some traces of the passage from the earlier to the later faith. In searching for these one could of course begin from the strong evidence of the finished gospel, with its clearly defined notions of c, exaltation, revelation, and so on. But the question I want to attempt to answer in this chapter (the most tentative in the book) means taking a rather different approach, one that involves the imposition of certain methodological restraints.
The Medium And The Message
Authors: Ashton John
Published: November 2023

Nobody has ever undertaken a comprehensive study of the concept of revelation in the Fourth Gospel, unless one counts Bultmann’s great commentary or the long section on John in his Theology of the New Testament. Why is that, given that revelation is unquestionably the dominant theme of the Gospel? The first reason is that, despite James Barr’s devastating criticisms (in ch. 8 of his Semantics of Biblical Language) of the principles underlying Kittel’s famous Wo¨rterbuch, most scholars, both budding and full-blown, still find it easier to study a word than a concept. Neither the verb I1ToŒÆºv1TTEØv nor the noun I1ToŒ)ºıłØc occurs in the Gospel, and the nearest synonyms, cpÆvEæoFv, ªvøæ{(,EØv; KfryªaŁÆØ; KµcpÆv{(,EØv, perhaps IvÆªªEººEØv, are not sufficiently prominent and do not carry sufficient weight to merit an extended treatment. To include the various symbolic equivalents of revelation would make the task very much more difficult.
Spectroscopy and electronic structure of inorganic solids
Authors: Henderson B , Imbusch G F
Published: November 2023

The optical properties of solids have been of scientific and technological interest for over three centuries, and made use of for decorative purposes from the times of the earliest civilizations. Early cave artists produced pictures of their times and lifestyles, in which spectacular colour variations were achieved by intimate mixtures of different, naturally-occurring, inorganic pigments. Good examples of inorganic pigments are mercuric sulphide (a brilliant scarlet usually called vermilion), the beautiful green chromic oxide, and the bright blue cobaltous oxide. Pottery was coloured by burning such pigments into the surface; glasses were tinted by the addition of coloured metal oxides to the melt. Naturally our unsophisticated forebears could not explain the colours they saw, nor the absence of such colours in the dark. Today most people realize that colour has to do with what happens when light falls on matter, as is readily appreciated when the colours of objects in a welldarkened room are revealed under the illumination of a beam of white light. A little more thought (or persuasion) convinces one that the perceived coloration is due to colour subtraction: i.e. the colour observed is the complementary colour to that absorbed from white light by the solid. Our understanding of the colour in our everyday environment derives from Newton’s observation that sunlight contains all the colours of the rainbow with wavelengths ranging over the visible spectrum (approximately 400-700 nm).
Energy levels of free atoms and of optical centres in crystals
Authors: Henderson B , Imbusch G F
Published: November 2023

Here we present some formal quantum mechanics required to calculate energy levels involved in spectroscopic transitions. The atomic system is described by a simplified, yet usable, Hamiltonian operator.
Radiative transition rates and selection rules
Authors: Henderson B , Imbusch G F
Published: November 2023

Although the discussion in the preceding two chapters concentrated on the stationary states of an electronic system, the need to consider perturbations which mix stationary states and thereby excite transitions between these states was noted. In this chapter we apply time-dependent perturbation theory to estimate the rates of such transitions, first by developing a general formula for the transition probability between initial |i〉 and final |f〇 states; if the initial state |i〉 is lower in energy than |f〇 an absorption transition is involved, whereas if |f〇 is the lower state emission takes place. We then consider in some detail how such transitions are caused by interactions between the electronic system and the radiation field.
Colour centres in ionic crystals
Authors: Henderson B , Imbusch G F
Published: November 2023

Colour centre spectroscopy has played an important role in solid state physics since shortly after World War I. Pohl and his colleagues had observed that in very thin alkali halide crystals the usual reststrahlen absorption was accompanied by additional weak absorption bands. Since these absorption bands were in the viable spectrum, the ‘pure’ crystals were coloured: sodium chloride yellow and potassium bromide blue. This visible colouration was attributed to the presence of Farbzentrum, or colour centres, introduced into the crystal during growth. Such centres became known simply as F-centres. After many man-years of research it became clear that the primary source of colouration in alkali halide crystals was isolated anion vacancies each of which had trapped a single electron. This simple defect species is now referred to exclusively as the F-centre.
Spectroscopy of lanthanide (rare-earth) and actinide ions in solids
Authors: Henderson B , Imbusch G F
Published: November 2023

IN the fifth period of the periodic table of elements after the element lanthanum (atomic number 57) the filling of the 4f shell takes place, from cesium with the outer configuration 5s2 5p64f15d16s2 to ytterbium with configuration 5s2  5  64f13Sd16s2. These are the lanthanide or rare-earth elements, which occur as doubly or triply charged ions in ionic solids. In the triply charged rare-earth ions all 5d and 6s electrons are removed and the 4f shell is only partially occupied; Table 8.1 gives the number (n) of the electrons in the unfilled 4f shell. The many energy levels of the unfilled 4f  n shell between which radiative transitions may occur cover a spread of energies of ⋍ 40000 cno-1. The next highest configurations are 4f(n-1), 5d, 4f(n-1)l6s and 4f(n-1)6p, which for the triply charged ions arc usually well above the lowlying 4fn energy levels. The divalent rare-earth ions contain one more electron (e.g. Sm2+ has the same configuration as Eu3+) and in these divalent ions the higher-lying energy configurations overlap some of the low-lying 4f  n energy levels (Dicke 1968). In a similar way the filling of the Sf shell occurs after the element actinium (atomic number 89). These actinide ions, which have an incomplete Sf shell, have many low-lying energy levels in solids. In consequence they also have radiative transitions in the optical region.
Optical spectroscopy of transition metal ions in solids
Authors: Henderson B , Imbusch G F
Published: November 2023

The transition metals (iron group) occur after the element calcium (atomic number 40) in the fourth period of the periodic table when the 3d shell is being filled. In ionic solids such elements lose the outer 4s electrons and possibly some 3d electrons in forming ionic bonds, and their resulting electronic configurations are 1s22s22p63s23p63dn where n < 10. Some common valence states of these ions are given in Table 9.l. Ions with incomplete 3d shells have a number of wow-lying energy levels between which optical transitions may occur. Since the optically-active 3d electrons are outside the ion core they interact strongly with electric fields of nearby ions and in consequence the associated crystal field effects are stronger than those experienced by rare-earth ions. Similar series of elements occur in the fifth period, where the 4d shell is being filled (the palladium group), and in the sixth period, where the Sd shell is being filled (the platinum group). Compared with the 3d electrons the 4d and Sd electrons are less tightly bound to the parent ion, and charge transfer transitions (in which an electron is transferred between a cation and neighbouring ligand) occur rather easily. Such transitions give rise to strong absorption bands. For iron-group ions the charge transfer bands occur in the ultraviolet region.
Optical detection of magnetic resonance
Authors: Henderson B , Imbusch G F
Published: November 2023

Electron spin resonance (ESR) is a technique normally used to measure the ground-state magnetization of an electronic spin system. In a typical experiment the sample is placed in a resonant microwave cavity and irradiated with microwave power. The spin degeneracy of the ground state is lifted by a magnetic field, the strength of which may be varied. When the energy separation between magnetic sublevels which differ in M, value by ± I equals the energy of a microwave photon, hv, microwave power is absorbed by the spin system. Such an absorption of microwave power upsets a balanced microwave bridge circuit, and this permits the resonance condition to be detected. Most experiments are carried out at a microwave frequency near 9.5 GHz, 20 GHz, or 35 GHz at temperatures in the range 1.6-300 K. Simple aspects of such experiments were discussed in Chapter 6. More detailed accounts are given by Orton (1968) and Abragam and Bleaney (1970). ESR may also be observed in excited states of electronic centres if a sufficient population of centres can be maintained in the excited states. Clearly the thermal equilibrium population of a state (say) some 20000 cm-1 above the ground state is very small and some technique for enhancing the excitedstate population must be employed. The excess population in the excited state is achieved by irradiating the sample with optical photons of appropriate energy. Even so, the excited-state population achieved by optical techniques is often many times smaller than that detectable by conventional ESR methods. It is then necessary to observe the effects of microwave-induced ESR transitions on the optical absorption or luminescence spectrum of the centre. This technique which detects ESR transitions optically is usually referred to as Qptical Qetection of agnetic Resonance or simply ODMR. The absorption of microwave power associated with ESR in the excited states upsets the equilibrium populations of the sublevels and so changes the pattern of optical transitions between excited and ground state. Such changes in luminescence indicate that the resonance condition is met.
Funding
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

The clinical negligence practitioner needs to be aware both of the professional rules governing the solicitor–client retainer and of the evolving case law relating to insurance and conditional fee agreements. A detailed discussion of these is outside the scope of this work. P This chapter outlines the different methods of funding available for clinical negligence litigation, describes the relationship between the different methods of funding, and discusses problem areas. Later chapters cover funding considerations that arise during each stage of the litigation.
Case Management
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

The concept of case management advocated in this work does not relate to any one particular scheme or process. Rather, ‘case management’ is used as a general term which is intended to cover a process or system that has been devised and applied with the aim of ensuring that clinical negligence cases are correctly focused, appropriately supervised, regularly reviewed, and driven forward as expeditiously as possible. It is a process which contributes to professional development when it is applied across a team of several fee earners but has many benefits even if the ‘team’ consists only of one fee earner and a supervisor.
Witness Evidence
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

The first draft of a claimant’s witness statement may be put together hurriedly, often for the purposes of supporting an application for funding. The statement may then lie on the file without further review until the first conference with counsel, when it may be found to need considerable expansion and amendment before it can be served. By this time, all the experts will have referred to the first draft statement in their reports.
Disclosure and Exchange Of Witness Statements
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

The claimant must be advised of their duty of disclosure under CPR 31 and should be reminded at appropriate stages that this is an ongoing duty. The directions order will normally provide for standard disclosure as defined at CPR 31.6, that is, documents on which the party relies together with documents which adversely affect either party’s case or support another party’s case, and any other documents which must be disclosed in compliance with a practice direction. The list should be served using Practice Form N265. The importance of pre-action disclosure in clinical negligence cases may result in the formal disclosure stage being dealt with as a simple routine.
Public Provision
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

One of the major issues in the assessment of damages in cases of serious injury is the extent to which specially adapted accommodation, care, and other services will be available through state services. There is then the issue as to whether the claimant is entitled to choose private provision rather than accept state provision and to force the defendant to pay the full cost of private provision. The difference between damages assessed on the basis that a claimant will remain in an NHS Hospital or local authority residential home for the rest of their lives and damages assessed on the basis that the claimant will live in their own home and be provided with privately funded 24-hour nursing care can be many millions of pounds.
Belgium
Authors: Verdood Bert
Published: November 2023

One of the characteristics of Belgian financial services regulation is the assimilation between performing a licensable activity and the offer to perform a licensable activity. There is no specific regime for solicitation of business of banking, insurance and investment services activities from customers in Belgium. Solicitation of business in respect of financial services will in most cases be considered as the provision of the financial service itself and trigger licensing requirements. This assimilation is provided for in some Basic Laws, such as the Basic Law on credit institutions.
Bulgaria
Authors: Bebove Nikolay
Published: November 2023

Bulgaria became a member of the European Union, together with Romania, on 1 January 2007. This most important milestone in the country’s post-Communism history was both a remarkable and longawaited success, warmly welcomed by the vast majority of Bulgarians whether living in the country or those who left the country (mainly for Western Europe and the US) but who kept ties with it (through relatives, business counterparts, and others). It was unfortunately tainted to an extent by concerns that the reforms were not complete, on that date, in such important areas as combating corruption and organized crime, and the defects in the working of the judiciary. To counterbalance these relative failures, economic indicators have been improving steadily since the big inflation crisis and sovereign debt default of 1996 and 1997: trends in increase in foreign investments have been sustainable, against the background of a stable macroeconomic climate, propelled above all by monetary stability (with the Bulgarian currency, the Lev, pegged, under the auspices of and strict scrutiny by the IMF, to the euro). GDP growth in 2007 stood at 6.2%, year-on-year (data given by the National Statistical Institute), a figure similar to that in the preceding five years. Positively, in the middle of 2007 there are, finally, signs that the dealing with the problem areas might also be showing some progress; in particular, the working of the public prosecution system seems to have improved. However, such signs are still meek compared with expectations and, regrettably, scandals and failures involving the police, the public prosecution, the customs, and other authorities remain frequent in the first half of 2008. Critical remarks by the European Commission and a displeased civil society in the country are expected to force the government and the political class as a whole to finally work towards making major improvements in such problem areas.
Czech Republic
Authors: Kotab Petr , Vozehova Lucie , Safka Jiri
Published: November 2023

Following the ‘velvet revolution’ at the end of 1989, the financial market, as an inseparable part of the market economy, began to develop in the Czech Republic after an era characterized by a totalitarian regime based around a centrally planned economy. It was the changes both at a political and economic level that evoked the dramatic development of the financial sector. This encompassed the capital market as well as the money market. During the early 1990s the financial sector was affected by the lengthy privatization process of major banks and the considerable degree of risk of loans granted by—at that time—partly or wholly stateowned banks. The following period from the second half of the 1990s and the early 2000s was therefore focused on the completion of the privatization of the banking sector—the ‘purification ‘ of banks—by transferring their bad assets to the state, and the implementation of more prudent banking regulation exercised by the Czech National Bank.
Denmark
Authors: Jensen Michael Steen , Andreasen Charlotte Fredborg
Published: November 2023

The regulation of the Danish financial sector emerged in the latter parts of the 19th and the beginning of the 20th century. The regulation was, however, in the beginning fragmented and characterized by a sharp division of both of the responsibilities between the individual regulatory authorities and the scope of application of the individual regulatory acts. The supervision of the financial sector was based on the principle that each financial activity, such as banking and insurance, should not only be regulated by separate acts, but also by separate supervisory authorities. The regulation of the financial sector was, furthermore, based on a very strict division of which activities could be carried out by the same company or group of companies. The concept of a financial conglomerate had yet to be introduced in Denmark.
Germany
Authors: Behrends Okko Hendrik , Becker Michael
Published: November 2023

Regulation of the financial sector in Germany can be broken down into banking, securities and insurance regulation. In 2002, the main regulatory authorities responsible for these sectors were merged into one: the Federal Financial Services Supervisory Authority/ ‘BaFin’. However, the substantive provisions are still contained in separate legislation and the BaFin is also divided into three directorates dealing with banking, securities and insurance supervision.
Iceland
Authors: Ólafsdóttir Ragnheiður M , Thorlacius Guðmundur
Published: November 2023

The Icelandic financial market is broadly in line with those of other European countries, especially the Nordic countries and, as such, has developed tremendously in the last fifteen years. Since the early 1980s the government’s aim has been to deregulate and foster market forces in different areas, eg price determination, currency transactions, credit and state ownership of banks. During the 1980s and early 1990s the government’s role in the financial market changed from being a direct participant to setting general rules and maintaining a supervisory role. This has taken place through privatization of banks, freedom in capital flows and abolishing of exchange controls, etc. Iceland has been a member of the European Economic Area (EEA) since 1994. Its close relationship with the European Union (EU) and participation in the single market have had a huge effect on commerce, financial markets and regulation. Through its membership of the EEA, Iceland has adopted numerous directives and regulations relating to commerce, competition and financial markets and has implemented the same basic liberal rules regarding unrestricted movement of goods, labour, services and capital as the EU.
Isle Of Man
Authors: Verardi Nick
Published: November 2023

The Isle of Man is centrally located in the Irish Sea between England and Ireland. It is a self-governing dependency of the British Crown forming part of the British Isles but it is not part of the United Kingdom. The Island enjoys a relationship with the UK government which enables it to operate independently with regard to internal Island-related matters, yet be represented by the UK government in relation to external matters. The Isle of Man has the oldest continuous Parliament in the world, called Tynwald, which oversees the Island’s internal administration, fiscal and social policies and legislates for the Island in these areas, subject to receiving Royal Assent from the UK. This relationship enables the Island to diversify from practices in the UK and to operate regimes designed specifically to enhance favourable treatment of the Island’s residents and investors in the Island. The Isle of Man has an excellent offshore reputation and a respected financial stability which is maintained by rigorous regulation and supervision of financial institutions and services in operation on the Island.
Italy
Authors: Daviddi Paolo , Ricci Francesca
Published: November 2023

The financial market comprises three main activities: banking, finance and insurance. In Italy, these sectors are governed separately and supervised by different authorities. Briefly, banks and financial intermediaries are controlled by the Italian Central Bank (Bank of Italy), listed companies and, in relation to certain issues, financial intermediaries are regulated by the National Commission for Listed Companies and Stock Exchange (CONSOB) and insurance companies are governed by the Istituto per la Vigilanza sulle Assicurazioni Private e di Interesse Collettivo (ISVAP). Each body exercises its authority by selecting, admitting, monitoring and eliminating operators from the sector for which it is responsible.