bluuebunny/crossref_metadata_2025 huggingface dataset:
Morphophonemics and the Lexicon A Case Study from Turkish
Authors: Pycha Anne , Inkelas Sharon , Sprouse Ronald
Published: November 2023

A large body of recent work has focused on statistical properties of the lexicon and their possible consequences for the grammar (e.g. Luce 1986; Content et al. 1990; Baayen 1993; Plag et al. 1999; Hay and Baayen 2002; Ernestus and Baayen 2003). The basic idea of this line of research is that every word can be meaningfully characterized by way of its relationship to other words in the same lexicon. Individual words are therefore not isolated entities; instead, their grammatical behavior can best be understood by considering lexicon variables such as frequency, neighborhood density, and cohort size. For example, Rhodes (1992) claims that flapping in American English tends to occur in frequent words like winter but not in infrequent words like banter. Frequent words are produced with more gestural overlap and hence greater tendency for reduction, so the lexical-statistics approach offers a plausible explanation for this gradient alternation.
Experimental and Statistical Methods for Cross-Sectional Studies
Authors: Snyder William
Published: November 2023

In this chapter I discuss two of the main experimental methods used with children in a laboratory setting. I then review statistical methods for testing a prediction of concurrent or ordered acquisition with the resulting cross-sectional data. Finally I provide a real life example from Kang’s (2005) work on case-marking and scrambling in children acquiring Korean.
Children
Authors: Dearlove Oliver R
Published: November 2023

During recent decades, the shift in children’s healthcare towards one based on a close and continuous involvement of the child’s family has become commonplace in the Western world. When a child is ill, the family is always affected; it is the family that is the constant in a child’s life. It is therefore important that a good parent–professional relationship develops at all levels of healthcare involving a child. However, allowing children the freedom to participate in the decision-making process is fraught with ethical and legal dilemmas. For sick children and anxious parents, the dilemmas also involve the clinician, who must act in the best interests of his patient. The law has long presumed that children and young people do not have the capacity to make important decisions, thus denying them their rights to self-determination; parents and doctors have traditionally made most medical decisions for and on behalf of children in their care. More recently, the introduction of family-centred approaches to healthcare accommodate and respect the complex nature of parent–child relationships and the dependence and vulnerability of the child and his developing morality and capacity for decision-making. Nevertheless, it is most often the doctor and the parent who determine the child’s role in decision-making, thus excluding the child from involvement at the first hurdle. The decision is therefore parent-centred and not patient-centred.
Respiratory risk
Authors: Moppett Iain K
Published: November 2023

This chapter discusses respiratory complications associated with anaesthesia during the intraoperative and postoperative periods. Factors that influence these risks will be discussed, as well as anaesthetic approaches that may have benefit in reducing risks of complications. Complications will be divided into intraoperative and postoperative, though there is clearly some overlap. Adverse respiratory events during anaesthesia include breath-holding, coughing, laryngospasm, bronchospasm, and difficulties with airway management. The incidence of failed tracheal intubation is influenced by many factors: the environment, the patient, the urgency, and the training of the practitioner, to name the most common. It is therefore difficult to describe a ‘real’ figure. However, in the out-of-hospital environment, anaesthesia-trained physicians reported multiple intubation attempts in 4% and failed intubation in 2% of attempted intubations(1). Intensive care patients have a relatively high rate of difficult intubation (8%)(2). The rate of failed intubation is approximately 1 in 250(3,4) to 1 in 500(5) in the general obstetric population. The incidence of failed intubation in the general population has been reported at around 0.7–4% of patients(6–8). Difficult laryngoscopy occurs in around 5–10% of patients(6,7,9). A number of sub-groups of patients (e.g. those with craniofacial abnormalities, temporomandibular joint disease, fused cervical spine, etc.) are predictable as being potentially difficult to intubate, but for the general population, anaesthetists can use bedside predictive tests. Unfortunately, none of these is particularly sensitive or specific for difficult intubation(10).
Innovations to Speed Mass Claims: New Standards of Proof
Authors: Haersolte-van Hof Jacomijn J van
Published: November 2023

Mass claims tribunals are characterized by large numbers of claims, large numbers of claimants and, usually, ·special factual circumstances which triggered the institution of the particular mass claims tribunal. Recent practice shows that the role of evidence and the standard of proof in proceedings before such tribunals has been redefined. In conventional “non-mass” proceedings, the usual standard is that evidence is weighed up and a determination is made based on the preponderance of the evidence. A comparison of this standard to the one applied by most mass claim tribunals reveals that less stringent standards of proof prevail and, moreover, that the procedure itself is often simplified in mass claims proceedings.
The United States Indian Claims Commission: A Remedy for Ancient Wrongs, A Source of New Wrongs
Authors: Luebben Thomas E
Published: November 2023

Historic mass dispossessions of land are among the most difficult problems that national governments and international tribunals are called upon to resolve. In the five hundred years since Columbus’ voyages to the New World, Europeans and their descendants have dispossessed Native Americans of most of the North American continent. Although the United States government has usually taken pains to cloak this process with the appearance of legitimacy and lawful process, including entering into treaties wherein Native Americans ceded large tracts of land, by the beginning of the twentieth century the United States faced an accumulation of Native American grievances extending through two centuries.
Litigating Mass Claims Involving Slavery and Jim Crow Under United States Law
Authors: Brooks Roy L
Published: November 2023

Litigation provides an avenue of civil redress for past atrocities. Victims use the courts to exact justice from their perpetrators. This approach to redress—which can be called the “tort model”—emphasizes the compensation of victims and, sometimes, the punishment of perpetrators. Black Americans have invoked the tort model by filing lawsuits seeking “slave redress,” meaning redress for the atrocities of slavery and the concept of “Jim Crow.” These lawsuits have proliferated in recent years. Cases have been filed against the United States government and state governments for authorizing, protecting, and prolonging slavery and “Jim Crow laws” (“public actions”).
Compensating the Families and Victims of September 11th: An Alternative to the American Tort System
Authors: Feinberg Kenneth R
Published: November 2023

Within weeks after the unprecedented terrorist attacks on September 11, 2001, Congress enacted the Air Transportation Safety and System Stabilization Act (the “Statute”), which sought “to preserve the continued viability” of the domestic airline industry in the United States. As part of that legislation, Congress also established the September 11th Victim Compensation Fund of 2001 (“September 11 Fund” or the “Fund”), which was designed “to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of [the September 11th terrorist attacks].” The key provisions of the Statute provided an administrative alternative to tort litigation: eligible individuals could voluntarily elect to waive their rights to sue the airlines, the World Trade Center and other domestic entities allegedly negligent in failing to prevent the attacks and, instead, participate in a no-fault administrative compensation scheme which would become their exclusive remedy.
The Role of Civil Society Actors in Reparations Legislation
Authors: Armstrong Andrea
Published: November 2023

Increasingly, and in a myriad of ways, civil society actors are contributing to legislation designed to provide material and symbolic reparations to victims of human rights abuse. This essay seeks to recognize the various roles that “civil society groups”—defined broadly to include informal traditional associations, voluntary groups based on religious, ethnic, professional or geographical affinity, and more formal non-governmental organizations (“NGOs”)—can play in the origin, design, and implementation of reparations legislation within the context of transitional justice.
Compensation for Victims of Terrorism: The Council of Europe’s 2005 Guidelines on the Protection of Victims of Terrorist Acts
Authors: Roucounas Emmanuel
Published: November 2023

The Council of Europe (the “Council”) was one of the first international organizations to examine exhaustively the delicate relationship between terrorism and human rights. On July 11, 2002, the Committee of Ministers of the Council adopted “Guidelines on Human Rights and the Fight against Terrorism” (“2002 Guidelines”).

The 2002 Guidelines, initiated in direct response to the terrorist attacks in the United States on September 11, 2001, were intended to protect society in the fight against terrorism while simultaneously preserving fundamental rights and freedoms. Although they constitute a legally non-binding instrument, the Steering Committee for Human Rights (“CDDH”), which was given the mandate to develop the 2002 Guidelines through a Working Group, was keen to build on the text of the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms (“1950 European Convention”) and the case law of the European Court of Human Rights.
Preparation For Summary Assessment
Authors: Scott Katharine
Published: November 2023

The way that costs are claimed at the summary assessment hearing is by the production of a statement of costs which is then assessed by the court. This chapter gives practical guidance on how to draw up the statement of costs and when to serve it. It includes a worked example of a statement of costs. The most important part of preparing for a summary assessment is to draw up a statement of costs. This is the document which shows what costs are being claimed. The CPR encourages parties to use the form N260, or something that closely resembles it.
The Order For Costs
Authors: Scott Katharine
Published: November 2023

The order that the court makes as to where the costs lie is not part of the summary assessment procedure. However, the practitioner who is going to carry out the summary assessment of costs must make submissions in relation to that order. In addition, the decisions that the court makes as to (i) which party should pay the costs; and (ii) on what basis those costs should be paid, will inform the basis on which the summary assessment is carried out, and will certainly impact on the amount of costs either paid or received. It is therefore important for practitioners when preparing for summary assessment hearings to consider what order the court is likely to make. While in many cases the court will follow the general rule that costs follow the event, the court has a very broad discretion pursuant to CPR Rule 44.3(2)(b) as to what order to make.
Funding
Authors: Scott Katharine
Published: November 2023

This chapter is concerned with the issues that may arise in a summary assessment of costs where a claim is funded by a CFA and/or an after the event insurance (ATE) premium, or an additional amount pursuant to s 30 of the Access to Justice Act 1999. The assessment of additional liabilities will only arise at the conclusion of the proceedings (or the part of the proceedings to which the funding agreement relates) pursuant to CPR Rule 44.3A. The most common issues that arise are: (i) Whether the CFA complies with the relevant statutory scheme— if it does not, the paying party will seek to persuade the court that the CFA is unenforceable as between the solicitor and the client. If there is no liability on the part of the client to pay the solicitor’s charges and expenses there is nothing for the paying party to indemnify the receiving party for, hence the paying party’s liability to the receiving party for costs is nil. This is referred to as the indemnity principle. (ii) Whether the receiving party was notified in accordance with CPR Rule 44.15 that the receiving party was funding the claim by way either of a CFA or an ATE premium— if this information was not disclosed at the correct time and in the correct manner no uplift on base costs or premium in respect of the ATE premium is recoverable by the receiving party for the period that the information was not provided. (iii)Whether it was reasonable to take out an ATE premium and if so, whether the premium is reasonable in amount. (iv)Whether the uplift claimed on the costs is reasonable. These arguments will be raised at different points during the summary assessment hearing.
Appeals Against Summary Assessments
Authors: Scott Katharine
Published: November 2023

It is unlikely that there is a duty on a judge to give extensive reasons for his decisions in a summary assessment of costs where the principal issues between the parties is quantum. In a summary assessment of costs where more substantial issues have arisen, however, the judge may be under a duty to give reasons to allow the parties to understand the basis on which he has arrived at his decision. The Court of Appeal has held that the duty to give reasons only arises where those reasons are not implicit in the order made. English v Emery Reimbold [2002] 3 All ER 385, at paras 91– 113, shows quite how far the court will go in deducing reasons for a judge’s decision. This was a case in which the defendant had offered to settle at £5,500 and the claimant had offered to settle at in excess of £95,000. The claimant succeeded in recovering over £30,000. The judge made no criticisms of either party’s conduct, and made an order that there should be no order for costs. The Court of Appeal held that it could be deduced from the order made that the judge had come to the view that the claimant had won half the case and lost on the rest, thus both parties had come to court and won on part of their case. Even in a case in which the judge has given insufficient reasons, appeals from orders for costs where the court is exercising its discretion as to where the costs should fall, and the amount of costs payable, are notoriously difficult to sustain.1
Preparation Checklists
Authors: Scott Katharine
Published: November 2023

Drawing up a statement of costs for an application is a fairly straightforward exercise, as long as the correct fee earner can be identified, and the number of hours spent on each of the areas of work calculated. For this reason, the checklist below is primarily concerned with drawing up the statement of costs following a trial. >The first step, of course, is to determine whether or not summary assessment is appropriate.1 All the references in square brackets in this chapter, denote paragraph numbers elsewhere in the book.
Historical Introduction The Blue Nile Borderlands
Authors: James Wendy
Published: November 2023

Reality is to be found in the flux itself everything is what it has become. (R. G. Collingwood1) More than half a century has now passed since the independence of the Sudan in 1956, and more than three decades since the overthrow of imperial rule in Ethiopia in 1976. In these years the question of minority distinctiveness within large and sometimes fragile nations has loomed larger than it did during imperial or colonial times. In ‘the old days’ various terms were used by central elites of the old states which blanketed fringe communities together under more or less exclusionary names.
Chali: Rooting up a Sleepy Village
Authors: James Wendy
Published: November 2023

We kwanim pa don’t have guns, we don’t know how to fight, we ask for security from the government, and the government attacks us. So we just run into the bush like wild animals.1 The violent events again and again shaking Kurmuk had their consequences for every village in the district, whether on the Sudanese or the Ethiopian side of the frontier.
The SPLA Split: Refugees on the Edge
Authors: James Wendy
Published: November 2023

From the time of Assosa onwards, but particularly in Itang 1990–1 and from its evacuation back to the southern Sudan, the Blue Nile refugees were thrown together with the SPLA soldiers, here mainly Nuer and Dinka, and also with (mainly Nuer) civilians in the Gambela region of Ethiopia and the eastern Upper Nile of Sudan.
Reunions, Retrospectives, and Ironies
Authors: James Wendy
Published: November 2023

The main theme of this study, the ‘master narrative’, is one of displacement, loss, separations. But running alongside, and sometimes counter to this, are the experiences of coming together, of returning ‘home’ even if that home is a temporary one, of assistance between friends and even strangers when things are tough.
Two Styles of Knowing and Knowledge Regimes: Between ‘Explicitation’ and ‘Exploration’ under Conditions of Functional Specialization or Fragmental Distribution
Authors: Rammert Werner
Published: November 2023

Changes in knowledge are the driving force behind modern innovation. They propel scientific innovation, industrial innovation, and the institutional system of innovation; they involve both the regime of knowledge production and the style of knowing. Innovation depends on many forms of knowledge production in various institutional settings. Scientific innovation in the academic field is as important as technological innovation in industry: new knowledge matters not only when scientific discoveries are made or technological projects are pushed forward but also when industrial products are improved, when services and markets are created, and when political funding programs are launched.
Introduction
Authors: Hage Jerald
Published: November 2023

Connecting institutional analysis to the topic of innovation is obviously appropriate because of the recent work on the national systems of innovation (Edquist 1997, and Chaminade and Edquist’s contribution in this book; Edquist and Hommen 1999; Freeman and Soete 1997; Nelson 1998 and their reviews; see also the contributors to Nelson 1993). The thesis in this work is that, over time, countries develop particular styles of innovation (see, for example, Hollingsworth 1997). But this is not the only way in which the topic of innovation can be connected to the institutional literature.
Institutional Change and Societal Change: The Impact of Knowledge Transformations
Authors: Hage Jerald
Published: November 2023

In the introduction to this book, there is an equation that connects the knowledge base, collective learning, with the creation of new knowledge, or innovation. This equation can be applied at different levels: at the organizational level, at the organizational-population level, and at the societal level. Brief mention has been made of the feedback effect of new knowledge or innovation on the knowledge base, on entire populations of organizations, and on the society. But as yet, these feedback effects have not been considered in detail. This chapter argues that the accumulation of knowledge transformations, as measured by the number of radical innovations in both process technologies (such as flexible manufacturing) and in products (such as whole new industries or new standard designs in existing industries), is creating a considerable amount of institutional and societal change.
Stealing Under The Theft Act
Authors: Ormerod David , Williams David Huw
Published: November 2023

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and ‘thief ‘ and ‘steal’ shall be construed accordingly.

The offence is triable either way1 It was originally punishable by a maximum ten years’ imprisonment (s 7) but that was reduced to seven years by s 26 of the Criminal Justice Act 1991. In 2005/6 there were 1,210,856 recorded thefts.
Blackmail
Authors: Ormerod David , Williams David Huw
Published: November 2023

‘Blackmail’ is the name which was commonly given to the group of offences contained in ss 29–31 of the Larceny Act 1916.2 That term was officially adopted for the first time as the name of the offence which replaces these unsatisfactory and ‘obscure’3 sections of the Larceny Act. Section 21(1) of the 1968 Act provides:

A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief—

(a) that he has reasonable grounds for making the demand; and

(b) that the use of the menaces is a proper means of reinforcing the demand.
Procedure and Enforcement
Authors: Ormerod David , Williams David Huw
Published: November 2023

A system allowing for preparatory hearings before trial was recommended by the Roskill Fraud Trials Committee1 and was introduced only for serious fraud cases in the Criminal Justice Act 1987. Section 7 permits a judge to order a preparatory hearing in cases where the ‘evidence on an indictment reveals a case of fraud of such seriousness or complexity that substantial benefits are likely to accrue from a hearing before the jury are sworn’.
Balliol: From Obscurity to Pre-eminence
Authors: Jones John h.
Published: November 2023

Balliol came near to total collapse in the closing years of the eighteenth century. Numbers had fallen much more sharply in mid-century than in the University as a whole and lost ground had not been regained. The buildings were in extreme disrepair and the college was in debt. A fellowship had been sequestered (in modern jargon, a post had been frozen) since 1775, and the dividend which would have been paid to its holder had been used for corporate-’Domus’-purposes; but this had sufficed for little more than essential repairs and interest on outstanding loans. In 1800 there was still a net debt (Fig. 5.1) and there were only four admissions in that year. The stage was nevertheless set for improvement. The first outsiders-’extranei’-had been elected to fellowships in the 1780s, largely as a result of the influence of Richard Prosser (fellow, 1773-93). One of these, elected in 1785, was John Parsons, who had been an undergraduate at Wadham. Holding the office of bursar during John Davey’s mastership (1785-98), he had re-established administrative efficiency: from this period, minutes of college meetings were recorded in detail and in English, business-like accounts were kept and the college started to use the services of banks regularly.
‘Lost Causes and ... Impossible Loyalties’: The Oxford Movement and the University :-
Authors: NOCKLES P B
Published: November 2023

The truth is that this moment, which swept the leader of the Tractarians, with most of his followers, out of the place, was an epoch in the history of the University. It was a deliverance from the nightmare which had oppressed Oxford for fifteen years. For so long we had been given over to discussions unprofitable in themselves, and which had entirely diverted our thoughts from the true business of the place ... By the secessions of r 845 this was extinguished in a moment ... In r 845 the darkness was dissipated, and the light was let in in an instant.
The Oxford of Mr Verdant Green
Authors: Curthoys M C , Day C J
Published: November 2023

The mid-century debate on Oxford reform generated a profuse and influential literature. The Great Blue Book ‘sold like hot cakes’ (see Chapter ro), and provoked official counter-statements by the University and a lively controversy among pamphleteers. One contemporary contribution to this debate, Newman’s Dublin lectures, continues to be studied as a classic statement of the case for a liberal education (see Chapter 9). None of these statements, however, reached a wider audience than The Adventures of Mr. Verdant Green by Edward Bradley (‘Cuthbert Bede’), first published in r 853 and achieving a sale of over 100,000 copies within twenty years.1 And none, perhaps, was as powerful as the genre of the university novel, which Verdant Green significantly developed, in fixing in the public mind the notion that Oxford and Cambridge represented the ideal type of English university education.2 Although Bradley himself was a graduate of the new university of Durham, and Verdant Green was originally conceived as a depiction of Durham student life, the published novel was very precisely located in mid-century Oxford. Bradley had little difficulty in drawing a humorous contrast between the conventional case for a collegiate education, as expressed by the University’s numerous early nineteenth-century apologists, and the reality of Oxford life. But the narrative has a positive outcome: Mr Verdant Green comes through unscathed, obtains his degree and is safely ‘married and done for’.
Oxford’s Scientific Awakening and the Role of Geology
Authors: Rupke N A
Published: November 2023

During the nineteenth century the natural sciences were made a major and integral part of higher education in most European universities. At Oxford, also, the idea of a university was extended to include the natural sciences. A monumental natural history museum and separate laboratory buildings were among the most discussed architectural additions to Victorian Oxford. The teaching of the natural sciences became an independent and respected profession, commonly connected to a well-defined research imperative. Financial support for this from the considerable endowments of the colleges and, much later, from the state, was called for by a growing number of specialized professionals who successfully used the presumed superiority of ‘the German system’ to argue for the reform of academic science in England. Although most of these developments occurred after 1850, they were the fruits of a natural sciences ideal that took root during the first half of the nineteenth century. In this chapter the growth of this ideal and the influences which shaped it are examined at three levels: first, at the international level of Romantic learning; second, at a national level of Whig reform; and third, at an intramural level of debates about the usefulness of the natural sciences as part of a liberal education.
The Division Of Labor Between The Capability And The Happiness Perspectives*
Authors: Hirata Johannes
Published: November 2023

The capability and the happiness perspectives have both won lots of sympathies among development scholars and practitioners. They are generally welcomed as more pertinent than conventional perspectives with respect to what development should be about and to what really matters for development to become good development. Despite this and some more common features, however, both perspectives differ quite fundamentally with respect to their specific normative status and interest.
Self-Determination Theory and the Explanatory Role of Psychological Needs in Human Well-Being*
Authors: Vansteenkiste Maarten , Ryan Richard M , Deci Edward L
Published: November 2023

Human capabilities and happiness have received increasing attention from psychologists and economists over the past half-century. Implicit in such concepts are ideas such as thriving and flourishing—ideas that involve individuals having resources and opportunities to live healthy, full, and productive lives.
The Dark Ages
Authors: Tattersall Robert
Published: November 2023

In the decade after the discovery of insulin, doctors were optimistic about the future—at least for young patients. In 1930 Frederick Allen proclaimed that diabetes had been mastered and that every patient could be expected to live out his full natural lifetime. For Allen and his friend Joslin, this would be achieved if blood sugars were controlled by hard work, perseverance, and intelligence. Such views were by no means held by all doctors and formed the basis for the long-running control and complications debate. Two developments in the 1930s—long-acting insulins and free diets—polarized the controversy.
Treating Long-Term Complications
Authors: Tattersall Robert
Published: November 2023

As mentioned earlier, the tragedy of young diabetics with blindness or kidney failure was not publicized in the lay press, but dealing with these cases was a pressing problem for doctors in charge of diabetic clinics. In the 1950s the most serious form of retinopathy was (as it still is) the proliferative form in which fragile new blood vessels grow over the retina. Through the ophthalmoscope they look like fronds of seaweed, and, being unsupported, they are fragile and bleed into the jelly-like material (vitreous humour) inside the eye, causing either complete loss of vision or the sensation of looking through a spider’s web.
Diabetes Becomes Epidemic
Authors: Tattersall Robert
Published: November 2023

In the year 2000 the World Health Organization estimated that 171 million people worldwide had diabetes and that by 2030 this would have increased to 366 million or 4.4 per cent of the total population. This chapter looks at how we have arrived at this situation. In Europe at the beginning of the twentieth century, diabetes at any age (but especially in the young) was uncommon in hospitals. For example, at the Manchester Royal Infirmary from 1875 to 1895 there were only 272 cases among 27,721 medical inpatients and in 1889–90 at the Berlin Charité hospital only 13 among 3,239.
The End of Lawyers?
Authors: Susskind Richard
Published: November 2023

In this much anticipated sequel to the legal bestseller, The Future of Law, Susskind lays down a challenge to all lawyers to ask themselves, with their hands on their hearts, what elements of their current workload could be undertaken differently - more quickly, cheaply, efficiently, or to a higher quality - using alternative methods of working. The challenge for legal readers is to identify their distinctive skills and talents, the capabilities that they possess that cannot, crudely, be replaced by advanced systems or by less costly workers supported by technology or standard processes, or by lay people armed with online self-help tools. It is argued that the market is increasingly unlikely to tolerate expensive lawyers for tasks (guiding, advising, drafting, researching, problem-solving, and more) that can equally or better be discharged, directly or indirectly, by smart systems and processes. It follows, the book claims, that the jobs of many traditional lawyers will be substantially eroded and often eliminated. This is where the legal profession will be taken, it is argued, by two forces: by a market pull towards commoditisation and by pervasive development and uptake of information technology. At the same time, the book foresees new law jobs emerging which may be highly rewarding, even if very different from those of today.
Standards of Professional Behaviour and The Initial Handling of a Report
Authors: Beggs John , Davies Hugh
Published: November 2023

As Figure 4.1 demonstrated, the process applied to a particular allegation is sub- ject to a number of variables. At its most simple level, contingent on the statutory classification of the underlying event under Pt 3 of Sch 3 to the Police Reform Act 2002, the initial handling may be the responsibility (as ‘appropriate authority’) of either the Independent Police Complaints Commission (IPCC), if under Sch 3, or the affected officer’s force, if not.
Investigations Under Schedule 3 of the 2002 Act and the 2008 Conduct Regulations
Authors: Beggs John , Davies Hugh
Published: November 2023

There are, effectively, parallel regimes for investigating complaints or conduct matters under Pt 3 of the Police (Conduct) Regulations 2008 and (coinciden-tally) Pt 3 of Sch 3 to the Police Reform Act 2002. Before reviewing them, it is helpful to take an overview of the regime. There is a high degree of integration between the respective provisions, and those of the Police (Performance) Regulations 2008. From the perspective of the officer concerned, the practical point of convergence arises at the service of the notice of investigation under either reg 14A of the Police (Complaint and Misconduct) Regulations 2004 (Sch 3 investigations) or reg 15 of the 2008 Conduct Regulations (non-Sch 3 matters).
China
Authors: Xusheng Yang , Ting Wang
Published: November 2023

According to the Property Rights Law of People’s Republic of China (Property Rights Law), promulgated on 16 March 2007 and effective as of 1 October 2007, account receivables may be pledged. It was the fi rst time the term ‘account receivables’ was mentioned in a legal context, however, detailed interpretation of it is absent. The People’s Bank of China (PBOC) formulated the Measures for the Registration of Pledge Receivables (the Measures) under the authority of Article 228 of the Property Rights Law.
India
Authors: Jayesh H
Published: November 2023

Almost all branches of civil law in India (except personal law) are based on the English common law. The Indian Contract Act 1872 (the Contract Act), codifi es the law of contract but the provisions of the Contract Act are not exhaustive.1 Although the Contract Act is largely based on common law, where there is a specifi c statutory provision, the courts must apply the provisions of that statute (interpreted by the higher courts in India).
Japan
Authors: Oshida Takuya
Published: November 2023

The term ‘receivables’ means, for the purpose of this article, the right of a person to claim against another for the payment of money in the context of a particular relationship. With respect to secured fi nancing transactions in Japan, real estate fi nuancing is considered to be the traditional method of fi nancing, whereas the taking of a security interest over receivables, while certainly used in practice, has been recognized until recently, not as a traditional method of fi nancing, but as a method of acquiring collateral primarily in order to obtain information on the borrower (the borrower) for the purpose of continuously monitoring its business. This is because (i) receivables (particularly future receivables) which fl uctuate on a day-to-day basis are generally diffi cult to specifi cally and legally identify, (ii) valuation of receivables can be problematic as debtors of the borrower (the borrower’s debtors) assert against the right-holders any defences they may have against the borrower (eg those under a statute of limitations, set-off, payment, etc), and (iii) receivables may not be fully recoverable (depending on the creditworthiness of each relevant borrower’s debtor).
Poland
Authors: Butkiewicz Dr Ewa , Wojdyło Krzysztof
Published: November 2023

There is no official definition of receivable stipulated in the legal acts being in force in Poland although many legal acts refer to this term. Instead of an offi cial legal defi - nition, such a defi nition was created by doctrine. According to the most commonly used defi nition, a receivable is understood as a right of a creditor to satisfy its specifi c interest through specifi c behaviour of a debtor.1 In the context of this publication, the issue of defi nition of the scope of a receivable is also of a crucial nature.
Singapore
Authors: Chan Andrew , Seng1 Tay Yong
Published: November 2023

The term ‘receivables’ is usually used to describe debts owed to (and therefore ‘receivable’ by) an enterprise. While it does not have a precise legal defi nition,3 it should include but is not limited to ‘book debt’ and connotes all monetary obligations owed to a business in Singapore underpinning its cash fl ow. Some examples of receivables are rent issuing from land or personal property, freight,6 and bank loans. Many receivables would qualify as ‘book debts’. ‘Book debts’ have been defi ned as debts arising in the ordinary course of business of a trader as would normally be entered in properly kept books of a company engaged in a business of that kind whether or not in fact entered.
Spain
Authors: García-Ochoa Mayor David , Martín Pedro Ravina
Published: November 2023

Under Spanish law, there is a general principle which states that the rights in rem that may serve as security for the obligations of a debtor are those expressly set out in the law, and cannot be created by the parties on a ‘freedom of contract’ basis. The possibility of taking security over a credit right (or receivable) is not expressly set out in the Spanish Civil Code (the CC), but on movable goods generally.
Switzerland
Authors: Pfenninger Markus , Gimmel Rahel
Published: November 2023

Pursuant to Swiss law, book debts or receivables are monetary claims that are not certifi cated in a negotiable instrument. The practising lawyer, however, when requested to draft a security agreement over certain assets held or deposited with a fi nancial institution (securities), often fi nds itself in the diffi cult position that the most obvious question directed to the type of security to be secured is the most diffi cult to be answered. Accordingly, it is advisable that in all instances due diligence is applied to ensure that a book debt in fact is a book debt and not merely a notation (eg in an account statement) of a debt security, understood here for the purposes of this article, as the physical document that is necessary and indispensable as proof of the holder’s rights under the securities and a prerequisite for the exercise of those rights. The issue is of particular importance as security over monetary claims or certifi cated securities is subject to different statutory provisions as contained in Swiss substantive laws as well as in Swiss confl ict-of-laws principles. The following discussion is about security over book debts (in the context of this article referred to as ‘receivables’ or ‘claim’) and does not address claims which are evidenced in a negotiable instrument (ie certifi cated securities), which generally can be transferred only by means of the transfer of the certifi cate, in certain cases to be accompanied by a written endorsement on the certifi cate.
The Republic of Türkiye
Authors: Çankaya Gözde , Kolay Ali Can , Sözen Tunç
Published: November 2023

The term receivables is not specifi cally defi ned under Turkish law. In its most basic form, a receivable is money or property that a person has earned through trade or other means, yet has not collected. Such a receivable is a right that can enable a person to enforce someone to give, do, or prevent from doing something now or in the future. Taking a security is mainly about increasing the likelihood of getting repaid. There are many ways to do this but most rely on giving a secured creditor a direct recourse to a borrower’s assets (such as receivables) in case of default. Advantages of taking a security include avoiding the need for litigation, ensuring priority over other creditors, and accelerating the recovery of the debt. In terms of priority, taking a prior ranking security not only facilitates the application of assets against unpaid debts, it also prevents other creditors from getting ahead in the enforcement of such security. The secured creditor creates priority for itself over unsecured creditors and over lower ranking secured creditors. The creditors, under a security over receivables, are ranked according to the date of creation of the security. Under Turkish law there are two ways of taking security over receivables, namely a pledge over receivables and assignment of receivables. Although in practice these are similar in the way that they are applied and show other similarities, we explain them in detail separately.
Talking with children and young people
Authors: Fertleman Caroline , Washer Peter
Published: November 2023

Talking with children can sometimes present difficulties for medical students for several reasons. Many students may have had little, if any, experience with children. Although there is now a trend to expand medical school entry to more mature students, still very few medical students are themselves parents. Without that experience, it can be difficult to identify with parents and with how parents feel when their child is ill. This chapter will therefore begin by discussing parental anxiety and how best to talk with worried parents. It will then follow the development of children from preschool age through to adolescence, and discuss the different communication issues that arise for children of different ages. Talking with very sick children is a particularly challenging aspect of paediatric practice. The subject of breaking bad news and of talking about dying (with adults) are dealt with in Chapter 15 of this book, although it is unlikely that anyone but a senior doctor would have to break very bad news to a child or to his or her parents. Therefore, this chapter will focus on the communication skills that medical.
Client Issues
Authors: Frost Martyn , Reed Penelope , Baxter Mark
Published: November 2023

There is increasing concern about financial abuse of the elderly, and therefore correct identification of the client is becoming an ever more important question for will preparation.
Neutrality of PRs and Trustees
Authors: Frost Martyn , Reed Penelope , Baxter Mark
Published: November 2023

Both PRs and trustees are fiduciaries. A fiduciary is someone who has undertaken to act for or on behalf of another in a particular matter, in circumstances which give rise to a relationship of trust and confidence. The key obligation of a fiduciary is the obligation of loyalty.
Assets
Authors: Frost Martyn , Reed Penelope , Baxter Mark
Published: November 2023

Personal representatives have a duty to collect the assets of the estate. While this may not always require the PR to take physical control, or have all assets transferred into his name (the use of nominees for example), it is essential for him to ensure that he establishes effective control over the assets.
Powers and Duty of Care
Authors: Frost Martyn , Reed Penelope , Baxter Mark
Published: November 2023

When trustees are considering the exercise of their powers, whether administrative or dispositive, they need to take various considerations into account. The impact of not doing so is discussed more fully in relation to the Hastings-Bass principle.1 Advisors to trustees also need to be able to provide confident advice to their clients as to the width of the powers and the restrictions on them and as to the considerations which they should take into account when exercising them. It is not, of course, the role of the advisor to tell the trustees how to exercise their powers, but to caution them if they appear to be exercising them in a manner which is inappropriate.
Tax in The Administration of Estates
Authors: Frost Martyn , Reed Penelope , Baxter Mark
Published: November 2023

As we have seen in the chapter dealing with tax advice in the course of drafting a will, it is a rare estate that on its devolution on the personal representative (PR) does not have any tax consequences. Indeed, if completion of the reduced account due in respect of an excluded estate (that is, one the value of which falls within the excepted estate limit at the date of the deceased’s death) is included within the definition of a ̒tax consequence̓ then no estate will be tax consequence free.
Tax and Trusts
Authors: Frost Martyn , Reed Penelope , Baxter Mark
Published: November 2023

The subject of the taxation of trusts is a notoriously complex one. This chapter does not seek to give a step by step guide to the subject, for which reference should be made to specialist works,1 but rather seeks to set out the duty of the professional trustee, or the professional advisor to the lay trustee, as well as to give a broad overview of the functioning of the three most important taxation regimes— inheritance, capital gains and income—and to point out common pitfalls in their application and how to avoid them.
Tax Advice During The Lifetime Of The Client
Authors: Frost Martyn , Reed Penelope , Baxter Mark
Published: November 2023

Where a solicitor’s retainer is squarely within the tax planning realm, that is the instructions are centred on minimizing a present or future tax liability so that the transactions carried out will be incidental to that aim, the solicitor’s duty in relation to tax advice is clear: the provision of such advice is the purpose for which he has been instructed. The duty is less clear though, when a solicitor is instructed in a transaction that is not primarily directed at tax, but that has tax consequences.
Limitation
Authors: Frost Martyn , Reed Penelope , Baxter Mark , Neuberger Lord
Published: November 2023

One of the most common defences which is raised in professional negligence cases is that the claim is statute barred. Limitation has become a thorny issue. The practitioner can no longer (if indeed he was ever justified in doing so) destroy his files after six years and breathe a huge sigh of relief. There is a far longer period during which claims can be made.
Multiple Parties and Multiple Contracts in International Arbitration
Authors: Hanotiau Bernard
Published: November 2023

Given the increasing number and complexity of commercial transactions, national and international groups of companies, and the fact that for financial, tax, or other commercial reasons, there is not always a connection between the individual(s) or company(ies) that has (have) signed the agreement and those that perform it, international arbitrators and national courts are more and more often confronted with the issue of whether an arbitration agreement concluded by one individual or company may be extended or imputed to non-signatory individuals, companies, or states as additional claimants or defendants.
Markets, Firms, and Institutions
Authors: Preda Alex
Published: November 2023

While markets are connected to and make an impact upon many social institutions (witness here family life, local communities, or government, among others), the modern institution to which markets are connected (and sometimes opposed to) comes from the economic domain as well: the firm. Firms and corporations are nothing new, their role and influence in economic and social life having already been noticed by classical sociologists; in his analysis of capital, Karl Marx ([1872] 2002, p. 706) argued that the accumulation of capital required not only the socialization of work (through increased division of labour) but also the concentration of the means of production, meaning, among others, changes in the size of enterprises and in their ownership structure.
The Theory and Reality of the European Coal and Steel Community (2007)
Authors: Alter Karen J
Published: November 2023

European integration began in 1950 with the Schuman Plan, which launched the ECSC. The Schuman Plan was designed to alleviate concerns that Germany’s dominance in coal and steel could be used to harm European reconstruction efforts or to build another war machine. Jean Monnet, the Plan’s chief architect, also wanted to shore up the French planning process for reconstruction by Europeanizing the technocratic planning approach. Most supporters of the ECSC project expected integration to expand beyond coal and steel, and hoped that it would serve as a first step toward deeper European integration.