bluuebunny/crossref_metadata_2025 huggingface dataset:
International standards
Authors: Fitzpatrick D , Anderson M
Published: November 2023

The historical treatment of seafarers as a distinct group of workers with separate 2.01 an entitlement was a response to the particular nature of maritime employment. Long before human rights protection began to take shape as a moral imperative guiding all States, it was recognized that seafarers required special protection due to the hardship and danger which were staples of the seafaring profession. At the international level, standard setting was led by the International Labour Organization (ILO) which, from 1920 onwards, adopted a series of Conventions and Recommendations pertaining to conditions of seafarers.
Strategic factor markets and competitive advantage*
Authors: Barney Jay B , Clark Delwyn N
Published: November 2023

Historically, strategic management scholars focused on competitive imperfections in product markets to explain persistent differences in firm performance (Porter 1980). This emphasis on product markets is quite reasonable since most economic logic suggests that when product markets are perfectly competitive, firms in these markets will earn a rate of return just large enough to cover their cost of capital (Foss and Knudsen 2003). Logically, it seems to follow that if product markets are competitively imperfect, then at least some firms in these markets will be able to earn superior levels of firm performance. Work on competitive imperfections in product markets has evolved dramatically over the years. In economics, the number of papers and theories describing the social welfare and other implications of various forms of competitive imperfections in product markets continues to proliferate (Segal 1998; Hsu and Wang 2005; Smythe and Zhao 2006). In strategic management, Porter’s ‘five forces framework’ (Porter 1980) describes competitive imperfections in product markets and how, apparently, these competitive imperfections can be used to create opportunities to earn superior returns. However, that a firm operating in an imperfectly competitive product market may earn superior levels of performance is not the same thing as asserting that a firm that implements strategies to create an imperfectly competitive product market will earn such performance. Whether implementing strategies that create imperfectly competitive product markets ∗ This chapter draws from Barney (1986a).
The Effect Of Learning Disabilities On Witness Testimony
Authors: Murphy Glynis H , Clare Isabel C H
Published: November 2023

People with learning disabilities are increasingly living in the community and, like 3.01 other members of the community, they may sometimes be victims of and/or witnesses to crimes. This chapter will consider what is known about people with learning disabilities as witnesses.
Judicial Training
Authors: Young Justice William , Katkhuda His Honour Judge Sam
Published: November 2023

The 1215 abolition, by Pope Innocent III, of the institution of trial by ordeal left a major 23.01 gap in the fact-findingg methodologies available to the then-rudimentary English legal system. Over the following centuries this gap has been Filled by processes that depend primarily on the evaluation of witness testimony by professional judges (including part-time judges and legally trained magistrates), lay magistrates, and juries.
Penalization, Depoliticization, Racialization: On the Over-incarceration of Immigrants in the European Union
Authors: Wacquant Loï
Published: November 2023

In 1989, for the first time in history, the population entering state prisons in the United States turned majority black. As a result of the crumbling of the urban ghetto and of the ‘War on Drugs’ launched by the federal government as part of a broad law-and-order policy designed to restabilize racial boundaries in the city and reassert state power against the backdrop of rapid economic restructuring and steep welfare retrenchment,2 the incarceration rate of African Americans doubled in just ten years, jumping from 3,544 inmates per 100,000 adults in 1985 to a staggering 6,926 per 100,000 in 1995, nearly eight times the figure for their white compatriots (919 per 100,000) and over twenty times the rates posted by the larger countries of continental Europe.
Distinguishing use versus functional use: three- Dimensional marks
Authors: Hays Thomas
Published: November 2023

Distinctiveness is the essence of a valid trade mark, allowing it to fulfil the 6.01 purpose of identifying the goods and services of one provider from those of another.1 So long as the definition of a mark is limited to two-dimensional words and symbols, trade mark law stays within a complicated but manageable realm of more or less superfluous adornments placed on products, their packaging and advertisements for products and services.
Integrated Assessment Models
Authors: Hope Chris
Published: November 2023

Integrated assessment models (IAMs) of climate change are the formal, computerized, representations that have been created to understand and cope with this complex, global problem. ‘The term Integrated Assessment (IA) … is a relatively recent creation, though much of the “discipline” is not new, dating back at least 25 years’ (Kolstad, 1998, p. 268). What we would now call IAMs were used extensively to examine energy policy in the 1970s and the acid-rain issue in the 1980s. IAMs of climate change first emerged in the late 1970s, and have multiplied dramatically since the early 1990s under the twin stimuli of the Intergovernmental Panel on Climate Change (IPCC), which first reported in 1990, and the Framework Convention on Climate Change (FCCC) signed at Rio in 1992. The IPCC and FCCC represented the first political recognition of the global scale of a problem which combines science and economics, and requires contributions from several disciplines if it is to be tamed. This chapter describes the main ways in which modellers have responded to this challenge, the capabilities of the models that have been produced, and gives an example of the social-cost results for several gases from one IAM. It concludes with some observations about the limitations of the models and the role of IAMs in the policy process.
Applying The Economics-Based Approach To Article 81: Assessing Competitive Harm and Economic Benefit
Authors: Anderman Steven D , Kallaugher John
Published: November 2023

It will be evident from the previous chapter that the focus of Article 81 analysis 4.01 under the new paradigm is on economic analysis. The application of Article 81(1) depends on whether an agreement or practice has a restrictive effect on competition, which depends in turn on whether the agreement leads to economic harm in terms of higher prices, limited output, or reductions in product quality. The application of Article 81(3) depends on whether the agreement generates economic benefits, which are in turn based on an economic assessment of ef?ciency gains that may be associated with those agreements.
Orientation
Authors: Dixon R M W
Published: November 2023

This book provides a fresh look at parts of the grammar of English. It pays particular attention to meaning, considering the different sorts of meanings words have, and showing how the varying grammatical behaviours of words are a consequence of their meaning differences.

My ‘meaning orientation’ stance is a little novel. In addition, some of the topics discussed here (especially in Chapters 13 and 14) are scarcely mentioned in regular grammars of English. It could be said that the present book takes of from the point where most other grammars end.

The reader will not find here any detailed discussion of the irregular inflections of verbs or plural forms of nouns, topics which are covered in standard grammars. A basic knowledge of certain aspects of English grammar is needed for understanding the later part of the book, and these are presented in Chapter 2 (which does include some original analysis).
Antigua And Barbuda
Authors: Hillebrands Bernd , Schwehm Johannes
Published: November 2023

The political dynasty of the Bird family has dominated the politics of Antigua and Barbuda since the colony was granted internal selfgovernment in the late 1950s. Vere Cornwell Bird and his son Lester Bird have won every election in Antigua and Barbuda since 1951, except the one in 1971. Like his father Vere, Lester governs in an authoritarian manner, disregarding the constitution (ignoring the judiciary branch in particular), and is involved in corruption and misuse of the electoral process. Elections are regarded as neither free nor fair.
Moving Ahead Together: Implications of a Blended Value Framework for the Future of Social Entrepreneurship
Authors: Emerson Jed
Published: November 2023

Social entrepreneurship is an emerging field with diverse perspectives, experiences, and visions of our collective future. This diverse community consists of social activists, business people, academics of various stripes, and those involved in government—each with something to offer towards what is simultaneously an evolving exploration and a global coming together of ideas, vision, and new practice. These differing perspectives hold the promise to shed light on discussions with extremely diverse actors, making use of different languages and terms to describe what are fundamentally similar concepts and challenges. This coming together often leads to a tower of Babel in which terms clearly defined in one application are grossly misused in another, contributing to confusion and wasted efforts.
Canada: Developments Towards The Current Law
Authors: Adeney Elizabeth
Published: November 2023

Canada is unique among the copyright countries under discussion, standing as it does at the intersection of the civil and common law legal systems. The development of moral rights there has covered almost a century, from the second decade of the 20th century until the present. This development represents a meeting and co-existence of different trends, traces of natural rights thinking co-existing with a positivist approach, doctrinal assertions standing beside instrumentalist justifications. The main bias in Canada could be described as individualist, reflecting something of the consistently pro-author thinking of France.
A Survey of GPTs in Western History (Part B): 1450–2010
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

We continue our tour through technological history, focusing on only the most important impacts of some key GPTs, again illustrating the kinds of things that can happen rather than exhausting the list of things that did happen. We also repeat our warning that although most of the technologies are presented around a motivating ‘challenge’, this should not be taken to imply an endorsement of a challenge-response model of innovation. Many GPTs arise with no obvious motivating challenge, and at other times clear challenges do not yield neat technological solutions. We use this organization merely to highlight the observation that very few innovations occur ‘in a vacuum’ and some do appear in response to perceived challenges, examples being the steam engine and the electronic computer.
GPTs and Related Concepts in the Literature
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

Relatively few papers and books have been written on the subject of what we have called transforming GPTs. Important related concepts developed by writers using historical and appreciative theoretical approaches are Mokyr’s macro inventions (1990), techno economic paradigms by Perez (1983, 1985) and Freeman and Perez (1988), Freeman and Louc¸aã’s technological revolutions (2001), and Lipsey and Bekar’s enabling technologies (1995). Nelson and Winter’s technological regimes (1982: 258–60) have some similarities but are closer to the more limited concept of a technological trajectory that we discussed in Chapters 2 and 4 than to a GPT. So we only note the similarity in passing.
Technology Enhancement Policies: Theory and Evidence
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

We consider a selection of government policies designed to influence technological change, attempting to accelerate it and/or to alter its direction. Policy can use incentives or disincentives that are either generally applied or narrowly focused. Policy can also seek to exert its influence indirectly, by altering such structural variables as the concentration of industry, the amount of foreign competition, the volume of foreign investment, the location of firms, and the education system. At different times and places, policies designed to influence technological change have been given various names and administered under different administrative structures. We cover all such policies under the generic heading ‘technology enhancement policies’.
The Role of Agreement in the Expression of Arguments
Authors: Ackema Peter , Brandt Patrick , Schoorlemmer Maaike , Weerman Fred
Published: November 2023

Agreement is the linguistic phenomenon in which particular features of one element in a clause (the ‘controller’) determine the morphological shape of another element (the ‘target’). Agreement comes in many forms: there are many elements that can act as the controller and target in an agreement relation, and there is also considerable cross-linguistic variation in the amount and types of features for which agreement relations can be established (see Corbett 1994 for an overview).
Economy, Agreement, and the Representation of Null Arguments
Authors: Speas Margaret
Published: November 2023

way in which null arguments are licensed. I propose that there is no licensing condition per se, and hence no ‘pro-drop’ parameter per se. Rather, null arguments occur wherever general principles of economy permit them to occur. I will argue that this proposal captures the cross- linguistic distribution of null arguments more accurately than theories with licensing and identification conditions; it encodes the long-standing intuition that there is a relationship between ‘rich’ agreement and the licensing of null arguments, which has been abandoned in licensing and identification theories; and it lends insight into how Economy principles work to constrain phrase structures which are generated in the absence of any specific X-bar component, as in the theories of Speas (1990), Kayne (1994), and Chomsky (1994).
Hardcore Restrictions
Authors: Wijckmans Frank , Tuytschaever Filip , Vanderelst Alain
Published: November 2023

Hardcore restrictions, which are listed in Article 4 of Regulation 2790/99, play a central role in the block exemption. A vertical agreement containing a hardcore restriction (also referred to as a blacklisted provision) will lose the benefit of the block exemption. Hence, as a result of the presence of a hardcore restriction it will no longer be possible to rely on the block exemption for any aspect of the vertical agreement.
The Motor Vehicle Distribution Block Exemption
Authors: Wijckmans Frank , Tuytschaever Filip , Vanderelst Alain
Published: November 2023

For an overview of the historical background of Regulation 1400/2002, reference is made to Chapter 1 (paragraphs 1.49–1.61).

In the process that would finally culminate in the adoption of Regulation 1400/ 2002, one of the recurring themes was that the previous block exemption regulation applying to the sector, Regulation 1475/95, had a straitjacket effect. The Commission describes this effect as one ‘whereby, by exempting only one model for distribution, the Regulation encourages all suppliers to use near identical distribution systems, leading to rigidity’. Tsoraklidis characterizes the straitjacket effect of Regulation 1475/95 as powerful and concludes that ‘all current motor vehicle distribution systems are modelled on Regulation 1475/ 95, thereby impeding the development of innovative distribution systems’.
F
Authors: Dacko Scott G
Published: November 2023

The fallacy of composition can lead individuals or groups of individuals to mistakenly draw incorrect conclusions concerning the relationship between individual and collective behaviors. For example, the fallacy may lead an individual to believe that actions taken that are in the best interest of individuals in a group will also be in the best interest of the group—something which is inappropriately inferred. An economic illustration is the case where increased savings by an individual can clearly be beneficial to the individual but may actually be detrimental to an economy if such collective action leads to a reduction in consumer demand. Marketers concerned with the study of individual and group beliefs regarding the relationship between individual and group actions may benefit from a deeper understanding of the fallacy of composition concept. Given the broad range of phenomena where the fallacy of composition has been both observed and demonstrated (e.g. small group behaviors, economic policy), marketers should not assume that the decision-making assumptions of others will always exclude this fallacy.
K
Authors: Dacko Scott G
Published: November 2023

Key success factors are those that any firm in a particular market should possess in order to be a viable competitor in the market. Thus, when introducing a new product into an existing market, the success of the introduction may hinge on the extent to which the firm has certain assets and competencies that enable it to compete successfully. Assets forming KSFs may include a strong brand name and financial resources. Competencies forming KSFs may include personal selling competence or online marketing competence. More specific uses of the key success factors term are also found in relation to particular aspects of marketing such as new product development. Marketers should consider understanding key success factors to be an essential input to marketing strategy development. For example, in being able to compete successfully in the e-commerce marketplace, marketers should recognize that KSFs include abilities such as being able to monitor and track individual buying behavior and motivations and being able to tailor the firm’s marketing to individual customers.
N
Authors: Dacko Scott G
Published: November 2023

Humans have a variety of needs, which may be described, categorized, and related in any number of ways. Examples are needs for safety, love/belonging, and esteem which have been proposed as hierarchically related by Maslow (1943). (See hierarchy of needs theory.) It is clearly within the scope of marketing to aim to satisfy human needs as well as wants, yet it is also recognized within the marketing discipline that consumption needs are just one of several types of human needs. Beyond recognized needs, astute marketers further strive to be sensitive to consumes’ unmet needs in efforts to achieve competitive advantages through their offerings. Within marketing is an implicit concern with sensitively serving and satisfying human needs. In terms of the process by which consumers may seek to satisfy their needs through a marketer’s offerings, need recognition is a considered a key phase in the buyer decision process. In addition, marketers should also focus on the identification of unmet needs in the development of marketing strategies to assist in achieving competitive advantages.
V
Authors: Dacko Scott G
Published: November 2023

Validity measurement is one of the three standard measurement criteria (in addition to reliability and sensitivity) that are drawn upon in facilitating the conduct of high-quality research (Churchill 1979). There are a number of different validity measures used in marketing research, including those referred to by the following terms:Concurrent validity—a type of criterion validityin that it is validity based on the degree to which a measurement approach predicts an outside criterion, or established standard against which other things can be compared and evaluated, where such criterion measures are obtained at the same time as the measurement.
Y
Authors: Dacko Scott G
Published: November 2023

Developed as one of two competing theories by McGregor (1960), with the other theory being theory X (see X, theory), theory Y views individuals as motivated, ambitious, and eager to accept responsibility and exercise self-control and self-direction. Based upon an optimistic view of human nature, the theory provides a basis for a set of management practices for workforce motivation that includes striving to remove barriers that prevent workers from reaching their full potential and providing conditions that give employees freedom to be their best. While most employee behaviors and corresponding management practices do not reach such an extreme as that characterized by theory Y, the theory nevertheless is influential through its incorporation into other management theories, practices, and styles which can be described in many other ways including hard vs. soft and tough vs. lenient. Organizations characterized as theory Y organizations, for example, can be described as relatively loose and free, where control is achieved through voluntary compliance that is gained through persuasion and affiliation. Marketing managers involved in the development and implementation of management practices that seek to make the most of employees’ full potential may benefit from an understanding of the principles and concepts associated with theory Y. While the theory Y view is characteristically extreme, an understanding of theory nevertheless enables the marketer to assess better its positive contribution to the development of beneficial marketing management practice.
Z
Authors: Dacko Scott G
Published: November 2023

Developed by Ouchi (1981), who builds upon concepts developed and subsequently published by Deming (1986), theory Z is based on the premise that employees consider work as something that is natural and can be satisfying to the extent it meets their work-related psychological needs. In adopting a theory Z perspective, organizations therefore strive to develop employee loyalty through total concern for the person. Employment security and stable career prospects are key characteristics of theory Z organizations. A theory Z management approach emphasizes employee involvement in decision making, seeks to develop employee team spirit, recognizes employee contributions, and aims to develop mutual employee–management respect. In addition, while control systems may be implicit and informal, there is also an emphasis on the use of explicit and formal measures for evaluation. While many organizations may find it challenging to adopt fully a management style based on theory Z, knowledge of the theory and its supporting concepts can be invaluable to marketing managers seeking to understand the many possible benefits as well as costs stemming from its implementation. At the very least, understanding better the theory and its principles can provide marketing managers with a basis of comparison for alternative managerial approaches as well as guidance for gradually transforming their organizations in ways that enable greater long-term effectiveness.
Building Inter-Firm Collaborative CommunityUniting Theory and Practice
Authors: Applegate Lynda M
Published: November 2023

If the old model of organization was the large, hierarchical organization, the new model that is considered characteristic of the New Competition is a network of lateral and horizontal interlinkages within and among firms.
Public Authority Communications Data Form
Authors: Williams Dr Victoria
Published: November 2023

All sections on this form should be completed. Incomplete forms will be returned to the applicant. The SPOC is inspected by the Office of Interception Commissioners who will ensure compliance with RIPA..
Defining The Contracts
Authors: Trepte Peter
Published: November 2023

Having identified the contracting entities subject to the Directives, it is then necessary to determine whether the contracts to be let also fall within the definitions of the Directives. The Directives cover three main types of contract: works, supplies and (non-construction) services, including design contests. These various contracts are defined in the Directives and are discussed in turn below. The new Directives also resolve the previous uncertainty over the position of framework agreements which, although they may still be contracts for works, supplies or services (or treated as such) and therefore no different in nature by reason of their method of award, require separate treatment here.
The Failure of the Gatekeepers
Authors: Coffee John C
Published: November 2023

A wave of corporate scandals crested in the United States between late 2001 and the end of 2002. Hundreds of public corporations restated their financial statements, scores were sued by the Securities and Exchange Commission (SEC), and some executives were criminally prosecuted. But only two scandals became iconic in character: Enron and World- Com. Because they were larger in scale (resulting in the two largest bankruptcies in U.S.
A Comparative Perspective
Authors: Coffee John C
Published: November 2023

To this point, the focus has largely been on the U.S. capital markets. Yet, gatekeepers—auditors, investment bankers, securities analysts, credit-ratings agencies—function in all the world’s major capital markets. Do they behave the same across all environments? Logically, their behavior and performance should vary depending on the factors present in the local environment. For example, the legal threat that gatekeepers face for inadequate performance differs vastly across legal regimes.
The Street-Level Epistemology Of Trust
Authors: Hardin Russell
Published: November 2023

A widely held view is that trust and distrust are essentially rational. For example, James Coleman bases his account of trust on complex rational expectations. There are two central elements in applying a rational choice account of trust: incentives of the trusted to fulfill the trust and knowledge to allow the truster to trust (or to recommend distrust). The knowledge at issue, of course, is that of the potential truster, not that of the theorist or social scientist who observes or analyzes trust. Hence we require an account of the epistemology of individual knowledge or belief, of street-level epistemology, to complete the rational theory of trust.
Organizational Realities
Authors: Starbuck William H
Published: November 2023

William H. Starbuck is one of the most creative, productive, and wide-ranging writers in management and organization studies. His work spans three decades and encompasses a whole variety of issues, yet it has never been collected together in one place. This book does just that - bringing together his most seminal writings, prefaced by a personal reflection on some of the themes and conclusions of that emerge from this, and the context in which they were written. What emerges from this is a picture of organizations and their strategies that emphasizes the characteristics of real-life human beings: their idiosyncratic preferences, their distrust for each other, their struggele for dominance, their personal interests which don't always coincide with the interests of the organization, and the internal politicking and contests between interest groups that take place in organizations. Some chapters review research literature, some report empirical findings, some propose conceptual reformulations, and some offer advice to managers. This book will be a unique guide to the work of an influential thinker in management and organization studies, and will be of interest to academics, researchers, and students of management, strategy, and organization studies.
Organizations as Action Generators
Authors: Starbuck William H
Published: November 2023

Problem-solving involves repetitive cycles of activity. A seminal study remarked that ‘the ‘ ‘problem ‘ ‘ to be solved was in fact a whole series of ‘ ‘nested ‘ ‘ problems, each alternative solution to a problem at one level leading to a new set of problems at the next level ‘ (Cyert, Simon, and Trow 1956: 247). However, that study ended when a committee voted for an action, as if this vote ended the process. Subsequent studies have portrayed decisions as endings, but they have not insisted that all decision processes begin with problems. Cyert and March (1963: 121), for example, noted that problems may be excuses: ‘Solutions are also motivated to search for problems. Pet projects (e.g. cost savings in someone else ‘s department, expansion in our own department) look for crises (e.g. failure to achieve the profit goal, innovation by a competitor). ‘
Ancient Chinese Theories of Control
Authors: Rindova Violina P
Published: November 2023

This chapter grows out of efforts to find and make sense of texts describing managerial practices Before the Christian Era (bce). We undertook this project, not to prove any hypotheses or to justify a theory, but to find out what data exist about ancient management and organizations. How did ancient management practices differ from modern ones? How were they similar to modern practices? How did ancient organizations organize? There are many reasons why the ancient management practices should have differed greatly from contemporary ones. Since the people of 4,000 years ago faced different economic and technological challenges than contemporary people, they understood their worlds differently. Travel was difficult, communication slow and error-filled, timekeeping very imprecise (Loewe 1968).
Multi-Bank Financing: Who Uses it, Where, and Why?
Authors: Mugasha Agasha
Published: November 2023

Any single multi-bank financing transaction, be it a syndicated loan or a secondary market loan practice, takes place within a particular regulatory and economic setting. The parties involved have reasons for using that particular method of financing in that particular financial market. This chapter describes the participants in multi-banking and the reasons why multi-bank financing is attractive to its users. It also discusses the different financial markets in which the banks and other financial institutions operate. The discussion illustrates that while it may be convenient to limit the focus of this book to English law and euro loan practices, euro loan banking practices are part of the global practices.
Arranging Syndicated Loans, Sub-Participations, and Loan Participations
Authors: Mugasha Agasha
Published: November 2023

An elaborate procedure is followed in arranging a syndicated loan or any of the secondary loan market transactions of loan participation or sub-participation. The procedure gives rise to numerous legal issues, some of which have not been judicially determined. The allocation of rights and duties between the parties is mainly determined through the documents that they execute, but it is also determined by general principles of law such as the law of tort. The efforts of industry bodies, particularly the Loan Markets Association (LMA) in London and the Loan Syndications and Trading Association (LSTA) in New York have resulted in fairly standardized procedures and documents for the majority of large transactions and this chapter takes note of that fact.
The Nature of Credit Facilities Used In Syndicated Loans and Secondary Loan Markets
Authors: Mugasha Agasha
Published: November 2023

Credit by way of syndicated loans may be extended to the borrower through different financial accommodation devices. A direct loan may be made, or credit may be extended by way of documentary credit/letters of credit or guarantees. Alternatively, the banks may accept the borrower’s bills of exchange, thereby enabling the borrower to raise funds from the money market by way of bankers’ acceptances. Frequently, the borrower’s requirements necessitate a combination of these methods in the same facility and different options within the same method, for example different drawdown and maturity dates. The same credit facilities may later be traded in the secondary loan market.
Syndicated Loans: Legal Relationships Between The Borrower and Lenders, and Among Syndicate Lenders
Authors: Mugasha Agasha
Published: November 2023

In a syndicated loan, several banks simultaneously, but severally, make a loan to a borrower on the basis of one set of lending documents. The primary document, the loan or facility agreement, is usually complemented by other documents, for example legal opinions, inter-creditor agreements, guarantees, and security agreements.

The syndicated loan agreement contains provisions similar to those found in other term loan agreements and has, in addition, features that necessarily arise because of the number of lenders involved. Its provisions may be conveniently grouped in three categories.
The Secondary Market for Syndicated Loans: Loan Trading, Credit Derivatives, and Collateralized Debt Obligations
Authors: Mugasha Agasha
Published: November 2023

The secondary market for loans consists of transactions in loans that have been committed or made. These practices are now firmly established as part of the lending markets. Such transactions are not new as regards syndicated loans because the well-known and established practices of loan sub-participations and loan participation are secondary market practices. Nor are they new as regards debt generally because debt has been a saleable commodity for well over a century. What is new in the loan markets is the increasing standardization of the techniques and instruments used, and these often resemble capital market methodology.
Conclusion
Authors: Mugasha Agasha
Published: November 2023

Every syndicated loan is different. Yet there are many familiar, and indeed mandatory, provisions in any loan agreement such that it is fair to say in relation to a particular financial market that there is a typical syndicated euro loan agreement or a typical syndicated leveraged loan agreement. This book has analysed the legal and some practical aspects of the entire life of a typical syndicated loan agreement arranged in the euro loan market and governed by English law. The topics covered stretch from the pre-mandate phase through to the documentation and disbursement of the syndicated loan; to the transfer or sale of the loan in part or in whole; and to the insolvency of the borrower.
The evolution of Iran’s national security doctrine
Authors: Sajjadpour Seyed Kazem
Published: November 2023

The literature on the security of Iran over the past quarter of a century shows clearly that Iran has been a security problem for the West and will continue to be so in the coming years, primarily in view of the issue of the nuclearization of Iran’s security discourse. Interestingly, in this literature (including a plethora of books, journal articles and policy papers that represent opinion rather than pure analysis), the one single analytical factor that is vital to fathoming Iran’s security behaviour—the evolution of its security doctrine from within—is almost completely absent.
Reductionism and Explanation in Legal Theory
Authors: Bix* Brian
Published: November 2023

My direct interactions with Professor J.W. Harris were not that many—and certainly not as many as I would have wanted. I sat in on one of his courses when I was a doctoral student at Oxford, and occasionally sought his advice on jurisprudential matters, both during my time at Oxford and later. Though I always learned a great deal from our contacts, it is not here that he had his most significant impact on me. From long before I met him, I have benefited enormously from his writings—in particular his general work in legal theory and his excellent writings on Hans Kelsen —and I am confident that the learning process will continue for as long as I have the good judgement to consult Harris’s work.
Plants, Torts, and Intellectual Property
Authors: Munzer* Stephen R
Published: November 2023

Time was when anyone interested in intellectual property and genetics would concentrate on humans or other animals and on utility patents. But, as my thinking slows, I find that I identify more readily with plants. This shift in focus does not make the inquiry into intellectual property easier. On the contrary, the intellectual property rights available in plants are more diverse than those in humans or other animals. This diversity is itself part of the problem, for it creates unwieldy overlapping regimes of legal protection.
Property, Personality and Violence
Authors: Getzler* Joshua
Published: November 2023

Jim Harris taught criminal law and Roman law over the years, as well as property and jurisprudence, and his broad legal culture left its mark on the planes of his great work on property theory. I cannot help but wonder if the clear positions of classical Roman law did not somewhere inform Jim’s strong rejection of self- ownership. ‘Who Owns My Body?’ is the rhetorical title of one of Jim’s finest essays. ‘Nobody owns my body, not even me’ is the laconic conclusion.
Understanding the European Parliament from a Federalist Perspective: The Legislatures of the United States and European Union Compared
Authors: Kreppel Amie
Published: November 2023

The US Congress is frequently referred to as the most influential democratic legislature in the world (Laundy 1989; Olson 1994; Davidson and Oleszek 1998; Lijphart 1999), while the European Parliament (EP) is often begrudged even its status as a functioning parliament (Westlake 1994; McCormick 1999). Yet a careful comparison of them reveals some unexpected similarities. In terms of its internal organization, partisan voting patterns and policymaking roles the EP resembles the American House of Representatives more than its national European counterparts.
The Meanings of ‘Emergency’
Authors: Walker Clive , Broderick Jim
Published: November 2023

Much of the controversy surrounding the new Act is triggered by the imprecision of its definitions. Prominent amongst these debates is the scope of an ‘emergency’. The definitions adopted are consciously more encompassing than formulae in prior Acts and thereby provide ‘programmatic declarations’ of an interventionist stance towards potential crisis which also reflect globalizing and politicizing tendencies.

Central to the operation of Part I are the three meanings of ‘emergency’, set out in s 1(1). Each is accorded an expansive definition to cater for a variety of catastrophic events.
Human Rights Issues
Authors: Walker Clive , Broderick Jim
Published: November 2023

This chapter is infused with the same spirit as the prior one, not surprisingly as human rights are a key element of contemporary constitutionalism. Consequently, many relevant points have already been made in Chapter 6 and elsewhere, hence the comparative brevity of this chapter. One might, however, reiterate that the position of human rights in an emergency is precarious and that ‘The true test of the viability of any legal system is its ability to respond to crisis without permanently sacrificing fundamental freedoms.’.
Articulatory Movements and Phrase Boundaries
Authors: Bonaventura Patrizia , Fujimura Osamu
Published: November 2023

The present study investigates the systematic effect of two prosodic parameters, syllable duration reflecting magnitude of the syllable and magnitude of the gap between two syllables, on the strength of consonantal gestures. In general, consonantal gestures show a larger excursion in phrase-final and -initial, than in phrasemedial position (Kelso et al. 1985; Ostry and Munhall 1985; Bonaventura 2003; Keating et al. 2003; Cho 2005). For example, previous research on articulatory strengthening by Fougeron and Keating (1997) has shown that the magnitude and duration of consonantal gestures depend on syllable boundaries, position in the phrase, and strength of phrase boundaries. Further research has confirmed these results, showing larger displacements and longer relative durations of consonantal movements during constriction formation and release at phrase edges than in phrase-medial positions (Beckman and Edwards 1992; Byrd and Saltzman 1998; Byrd et al. 2000). Such effects have been interpreted as due to the presence of a prosodic gesture (π-gesture; Byrd and Saltzman 2003) that is activated at phrase boundaries, with a strength related to the strength of the juncture, and that slows down adjacent onset and coda gestures at phrase edges (Byrd et al. 2005). Although specific measurements of syllable-position (onset, coda) and phrase-position (medial, edge) effects have shown inconsistent patterns of gestural lengthening, both within and across subjects and across consonantal locations in the syllable and consonant types, the general pattern of lengthening of onset and coda consonantal gestures at phrase boundaries, more prominent for consonants adjacent to the boundary and more evident in onsets than in codas, is upheld in the literature (Byrd et al. 2005).
The Variations, Quantification, and Generalizations of Standard Thai Tones
Authors: Roengpitya Rungpat
Published: November 2023

Standard Thai has five distinctive phonological tones: mid (M), low (L), rising–falling (RF), high (H), and falling–rising (FR) (Abramson 1962; Naksakul 1998; Roengpitya 2001; Yip 2002). The phonetic shapes of these tones in citation form were presented by Abramson (1962, 1997). To illustrate the canonical shapes of the five tones in Thai in citation form, the fundamental frequency (f0) contour of each tone is plotted in real time, in Figure 17.1. The figure shows the five tones in Thai plotted on the same graph. The f0 contours of the five tones show what is regarded as the canonical shape in CVV words in citation form. Tingsabadh and Deeprasert (1997) found, however, that the tones in connected speech had different shapes from the ones in citation form. Gandour (1977) reported that tone shape influenced the duration of the vowel that the tone was superimposed on; vowels on low tones were longer than those on high tones. Saravari and Imai (1983) found that relative initial tone values as well as tonal contours were important for the perceptual differentiation of the tones. They also reported that short and long vowel duration seemed to be not only a cue for differentiating distinctive vowel length but also for identifying the tones.
Generic aspects of consent
Authors: Aitkenhead Alan R
Published: November 2023

Public expectations of health care have changed dramatically over the last 10–20 years, particularly in relation to the involvement of patients in determining treatment options and the selection of the most appropriate treatment plan. Paternalistic actions of doctors, which involved telling the patient what treatment they were going to receive, without discussing the risks and benefits of various options, is no longer acceptable. This has been reflected in decisions reached by the courts in cases in which patients have entered litigation on the basis that inadequate information was given to them before treatment, and that they were unaware of risks of complications that subsequently materialized. Although most claims of this nature are brought against surgeons, similar claims are likely in relation to anaesthetic procedures. Complaints about lack of information or inadequate consent can also result in a doctor being reported to regulatory authorities. It is therefore necessary for anaesthetists to be aware of current issues surrounding provision of information and obtaining consent for anaesthesia in various categories of patient.
Critical care
Authors: March Adam C , Winter Robert J
Published: November 2023

The treatment of patients in intensive care units involves a multidisciplinary approach, with communication between medical professionals, the patient’s family, and most importantly, when possible, the patient. Problems may arise when patients are unable to express their own wishes either as a direct result of their illness, or secondary to medical interventions such as tracheal intubation and sedation. In these circumstances, the process of gaining consent for treatment can be challenging if not impossible, and often results in the patient losing the ability to exert the right to autonomy. At such times, carers and healthcare professionals must make decisions based on their patient’s ‘best interests’. However, determining a patient’s ‘best interests’ can be equally challenging and can create disagreement between doctors and family members when deciding upon the most appropriate course of medical therapy. Resolution of these issues can provide doctors with a wide range of ethical dilemmas, many of which can be emotive in nature. This chapter aims to address the ethical and legal principles involved in gaining informed consent from patients treated in intensive care units. It will also discuss some of the key issues surrounding good practice in circumstances in which patients lack the capacity to give consent. Many of these factors are considered in the recently formulated Mental Capacity Act 2005(1), which came into force in 2007, with the intention of protecting individuals who lack the capacity to make their own decisions. It contains guidance for those who are responsible for the care of incapacitated individuals and gives legal powers to prosecute those who abuse their position of trust.
Nervous system and regional anaesthesia
Authors: Hardman Jonathan G
Published: November 2023

The first part of this chapter will deal with complications relating to anaesthesia that impact the central nervous system, particularly cerebrovascular accident, seizures, intracranial haemorrhage, and spinal cord infarction. This chapter will not cover the psychological complications of general anaesthesia, including delirium and postoperative cognitive dysfunction; these are dealt with in detail in Chapter 16. The second part of the chapter will deal with complications arising during regional anaesthesia. These include systemic effects of local anaesthetic agents, inadequate and excessive block, and injury to nerves, the spinal cord, arteries, and pleura. Cerebral infarction is caused by inadequate oxygenation of an area of brain tissue, secondary to embolus, haemorrhage, arterial constriction, or hypoxaemia. Focal cerebrovascular accident (CVA) or ‘stroke’ is reported to occur around the time of 1% of surgical procedures(1). Only 17% occur during anaesthesia, while 83% occur during the 10 days following surgery(1,2). The risk for each patient is dependent upon his or her existing pathology (e.g. atherosclerosis) and upon his or her operative procedure (Table 15.1). Pre-existing atrial fibrillation (giving a predisposition to the formation of emboli) greatly increases the risk of CVA. A history of prior transient ischaemic attacks (TIAs) or strokes indicates possible cerebral or carotid arterial disease and increases the risk of perioperative CVA tenfold(2), while pre-existing hypertension increases the risk of perioperative CVA fourfold. Symptomatic carotid artery disease carries a substantially increased risk of perioperative CVA and prophylactic carotid endarterectomy should be considered.
Endocrine and renal surgery
Authors: Plaat Felicity S , Wallace Scott
Published: November 2023

The specific risks of anaesthesia for thyroid surgery arise from the potentially compromised, difficult, and shared airway in patients who may have significant co-morbidities. The position of the thyroid accounts for many risks associated with surgery. The thyroid gland lies anteriorly and inferiorly in the neck. The two lobes are connected by an isthmus that commonly overlies the second and third tracheal rings. The recurrent laryngeal nerve lies between the thyroid and the oesophagus posteriorly. Posterolaterally, the lobes abut onto the carotid sheath.