bluuebunny/crossref_metadata_2025 huggingface dataset:
Introduction: National Identity And Citizenship
Authors: Rose Sonya O
Published: November 2023

The British home front in World War II continues to be a source of both fascination and nostalgia even for those who were born long after the war had ended. It was a time when the British pulled together to defeat the Nazi enemy in a war that until the middle of 1944 had produced more deaths among civilians in Britain than among those who were in the fighting services. After the fall of the European allies in the spring of 1940, when Great Britain was militarily isolated in Western Europe, the country feared Nazi invasion for more than a year. But these facts and dates do not capture what it was about the war on the home front that has been such a compelling source of interest for historians, ageing survivors and their families, and others who had little or no direct association with the people who participated in it.
Hierarchical and Horizontal Coordination: The Central Actors
Authors: Hayward Jack , Wright Vincent
Published: November 2023

Having considered the institutional mechanisms and procedures that exist to facilitate the achievement of cohesion in a vast state domain with an innate propensity to proliferate, we now turn to the central actors on whose shoulders fall the main burden of overall coordination. In many political systems, the Cabinet-where all the senior ministers meet each week—exercises more than a formal coordinating oversight of government policies. As we shall see, this is not the case in France.
First Source of Uncertainty: No Group, Only Group Formation
Authors: Latour Bruno
Published: November 2023

Where should we start? As always, it is best to begin in the middle of things, in medias res. Will the reading of a newspaper do? Sure, it offers a starting point as good as any. As soon as you open it, it’s like a rain, a flood, an epidemic, an infestation. With every two lines, a trace is being left by some writer that some group is being made or unmade. Here it’s the CEO of a big company who deplores the fact that five years after the merger the firm’s various branches are still not fully integrated. She wonders how to ‘promote a common corporate culture’ .
‘Transfers’ or ‘Assignments’ and ‘Pledges’ of Shares
Authors: Ooi Maisie
Published: November 2023

This chapter deals with the choice of law treatment of the proprietary aspects of share transactions, and will consider both ‘outright transfers’ and the provision of shares as collateral. It seeks first to establish that, contrary to popular notions, shares are not transferred or assigned from person to person at all. Not in the way that property rights in physical objects are transferred, and not even in the way that a debt as a chose in action is assigned. Neither are shares ‘pledged’. Observing the correct legal analysis of the transaction is crucial to making better choice of law decisions for transactions under the direct holding system. Conversely, failure to observe the correct analysis of what is transferred or provided by way of security is the root of the difficulties to finding the correct choice of law approach.
The Effect of Insolvency
Authors: Ooi Maisie
Published: November 2023

This chapter considers the impact of insolvency on the choice of law processes which have been considered so far. Besides the investor in the indirect holding system, who is concerned that its assets will survive the insolvency of an intermediary, the issue is also of particular concern to lenders who have taken collateral under the indirect holding system, that their collateral will remain valid and enforceable in the event of the insolvency of the collateral provider. Indeed the collateral taker under the indirect holding system faces the risk of insolvency not just of its collateral provider, but that of its intermediary as well, for collateral taken under the system is held through an intermediary.
Revised Articles 8 and 9 of the Uniform Commercial Code
Authors: Ooi Maisie
Published: November 2023

The most comprehensive of enacted reforms today on choice of law rules for securities indirectly held are Revised Articles 8 and 9 of the US Uniform Commercial Code (the ‘UCC’). Although these provisions are applicable only in the United States, and specifically in the states which have enacted them, they are nevertheless relevant to this work as they are said to have influenced the shaping of the reforms at the European and international levels. They are considered ahead of the European reforms and the proposed Hague Convention (examined in the next two chapters) to enable assessment of the extent to which these legislative reforms follow (or depart from) the choice of law method which they are all said to have adopted, and will form the basis of comparison of the choice of law treatment prescribed by each of these.
Proposed Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary
Authors: Ooi Maisie
Published: November 2023

Unlike earlier legislative efforts, the proposed Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary (the ‘proposed Hague Convention’) is dedicated solely to the choice of law issue, and specifically that in respect of securities held with an intermediary. It is being produced under the auspices of the Hague Conference on Private International Law, which began work on the subject in May of 2000. The text of the Convention was finalized in December 2002 at a Diplomatic Session of the Hague Conference, with a period given thereafter for corrections. The original intention was that the Convention should be finalized early in 2002, with a view to its being adopted at a Plenary Session of the Hague Conference in the summer of 2002. There was however some delay in the schedule, arising in part from consideration of some of the issues discussed later here.
Comparison of Choice of Law Treatments
Authors: Ooi Maisie
Published: November 2023

The foregoing chapters of Part III have demonstated that although the legislative choice of law reforms are all said to have enacted the same choice of law rule, the law of the relevant intermediary, they do not in fact match completely. There is also another choice of law rule which some of these legislations prescribe, the law of the system, which has received far less attention but is no less important to the choice of law issue.
The Dynamics of Learning Alliances: Competition, Cooperation, and Relative Scope
Authors: Khanna Tarun , Gulati Ranjay , Nohria Nitin
Published: November 2023

Learning alliances, associations in which the primary objective of the partners is to learn from each other, constitute an important class of interfirm alliances (Hamel, Doz, and Prahalad, 1989; Hamel, 1991). We introduce a general theoretical framework to advance the study of such learning alliances in two major ways. First, the framework explicitly incorporates simultaneously competitive and cooperative behavior by participating firms, and identifies factors that may influence the incidence of each type of behavior. We show that the propensity to depart from purely cooperative behavior in a particular alliance is related to the portfolio of markets in which each participating firm is present, and to the degree to which these portfolios overlap.
Social Capital, Structural Holes and the Formation of an Industry Network
Authors: Walker Gordon , Kogut Bruce , Shan Weijian
Published: November 2023

There is a fundamental conflict in the formation of a network. On the one hand, there are powerful forces toward the reproduction of dense regions of relationships. Reproduction is powerful because it is based upon the accumulation of social capital that requires the maintenance of and reinvestment in the structure of prevailing relationships. Yet, it is exactly this principle of conservation that generates the opportunities for entrepreneurial actors to bridge these regions and alter the structure of the network. The formation of interfirm networks is a critical point of contention between otherwise complementary views of network structure.
A Bias in the Prediction of Tastes
Authors: Loewenstein George , Adler Daniel
Published: November 2023

I have never been very good at predicting my feelings when it comes to economic affairs. When I buy something nice, I almost inevitably regret having spent too much money, but when I go for the budget model, I end up regretting not having gone for deluxe. My friend, Jonathan Schooler (who is similarly constituted emotionally) and I briefly contemplated establishing a club for regret maximizers, but abandoned the idea because a higher joint priority was to start a club for people who can’t say no to research projects. One of the most dramatic experiences of mispredicting myself occurred the last time I purchased a house. Despite having experienced buyer’s remorse in the past, even, as just noted, in connection with small purchases, I was caught by surprise by the transformation of my own feelings before and after I had signed on the dotted line.
The Basel Committee ‘s Proposals on a Capital Charge for Operational Risk
Authors: Franks Julian , Mayer Colin , Da Silva Luis Correia
Published: November 2023

In 1988 the Basel Committee on Banking Supervision introduced a Capital Accord, designed to reduce the systemic risk associated with banking, and, thus, the potential loss to depositors arising from a bank ‘s failure (Basel Committee 1988). The 1988 Accord required banks to hold capital equal to at least 8 per cent of a basket of assets measured in different ways according to their levels of risk. Capital is divided into two tiers: ‘Tier 1 ‘ being shareholders ‘ equity and retained earnings; and ‘Tier 2 ‘ being additional internal and external resources available to the bank. The bank must hold at least half of its measured capital in ‘Tier 1 ‘ form. Initially, these proposals were implemented by banks in the G10 countries, but were subsequently adopted by more than 100 countries worldwide. The European Commission imposed the requirements contained in the 1988 Accord on Member States through its Directive on the Capital Adequacy of Investment Firms and Credit Institutions.
Survey of European Asset Managers
Authors: Franks Julian , Mayer Colin , Da Silva Luis Correia
Published: November 2023

This chapter focuses on the results of a survey that was devised to obtain information on the types and frequency of operational risks faced by asset management companies in seven European countries. It is estimated that the companies in the sample have more than €5 trillion of assets under management globally.
Greek Migration: The Two Faces of Janus
Authors: Glytsos Nicholas P , Katseli Louka T
Published: November 2023

Migration movements from and to, or via Greece, are an age-old phenomenon. Situated at the crossroads of three continents (Europe, Asia, and Africa), Greece has been, at different historical times, both a labour-sending and a labour-receiving country. Both its history and economic development have been affected by migration flows, as Greece has completed about a century-long cycle of emigration and repatriation and has entered a new era of net immigration. During the twentieth century, Greeks emigrated initially to the United States and Australia and subsequently to the rest of Europe. The first waves of overseas emigrants headed to transoceanic destinations. They departed from the rural areas of the country where income was low and the prospects bleak, at a time when domestic alternatives for making a living outside the farm were limited.
Ius Cogens, Ius Dispositivum, and the Law of Personal Work Contracts
Authors: Freedland Mark
Published: November 2023

Many years ago, in fact in the late 1960s, I was a very junior member of the Oxford University Law Faculty, working for my doctorate on the English law of the contract of employment. Given that I was not at that stage a college law tutor, one of the very few rights or privileges attached to my membership of the Faculty was that of taking my morning coffee break in the Senior Common Room of the Bodleian Law Library. That privilege did not bring me into contact with very many of the college law tutors, because many of them still at that time regarded their natural working habitat as their college rooms where they gave their tutorials. But there were some very honourable exceptions to this academic norm. Among them was Bernard Rudden.
The Separation of Power
Authors: Tomkins Adam
Published: November 2023

Having introduced in the previous chapter some background constitutional issues against which the substance of English public law should be considered, we can now move on to commence our inquiry into the first of our two public law themes: power. There are two ways in which a task such as this may be approached. We may adopt either a principled approach or an historical approach. Under the former we would ask questions such as, what are the principles on which political power is exercised? What makes the exercise of political power just or unjust? Which institutions require to be democratic, which require to be trans- parent, which require to be representative, and which should be required to encourage or facilitate participation.
Parliament
Authors: Tomkins Adam
Published: November 2023

Parliament, after the Crown, is the second of the two sovereign authorities known to English public law. This chapter considers the public law powers of Parliament, just as the previous one considered the public law powers of the Crown. This chapter is in four sections: first we consider the three functions of Parliament and their historical development; secondly we discuss the composition of the two Houses of Parliament; thirdly we consider the so-called ‘sovereignty of Parliament’, more accurately the notion that in English law Acts of Parliament enjoy legislative supremacy; and finally we turn to the revealing, but often overlooked, topic of the privileges of Parliament.
Theorizing The Firm in Economic Geography
Authors: Oinas Piävi
Published: November 2023

Until very recently, economic geographers have not engaged strongly with the theory of the firm. One section of the literature in this field has focused on the firm in the abstract as an actor that participates in the broader social and economic processes of regions and places (Lagendijk and Oinas 2005: 8–9). Another section of that literature has focused on the specificities of particular firms in particular industries and localities, but has a limited theoretical perspective on why those firms behave the way they do. The chapters of this volume are forward-looking and future-oriented and build on this disciplinary history to challenge current thinking on the theory of the firm. Firms are extraordinarily diverse. That diversity covers the corner bakery, a cousin’s one-man accounting firm, or a local construction company. It also includes major corporations, like Sony, who when they laid off 7 per cent of their worldwide employment in 2005 axed 10,000 jobs.
Towards Set-Theoretic Constituency Representations
Authors: Carnie Andrew
Published: November 2023

X-bar theory has had significant and fruitful empirical consequences for our understanding of constituency. Indeed, to this day, the vast majority of articles published in major syntax journals still use some form of X-bar theory to express constituency relations. However, X-bar theory also has several not-insignificant negative consequences. Within the Principles and Parameters framework, the empirical problems discussed below paired with the programmatic Minimalist theory-attenuation has led to a derived notion of X-bar structure.
Language Rights: Exploring the Competing Rationales
Authors: Rubio-Marín Ruth
Published: November 2023

Language rights, as moral and legal categories, have thus far received little theoretical reflection. As the debate on multiculturalism gains in strength, this is most likely to change. In many ways, language diversity poses the most serious challenge to some orthodox liberal principles. In the face of increasing cultural diversity, tolerance as non-intervention—for some, the paradigmatic liberal response to the challenge of peaceful coexistence in religiously diverse societies—simply does not seem to be an alternative. Even those who argue that there is still a lot that the state can do in order to ensure cultural fairness by way of disestablishing the preferences of the dominant majorities recognize that, when it comes to language policy, there are some limits; the state simply needs to function in some language (Walker 1999: 154).
An Agenda for Understanding Individual Leadership in Corporate Leadership Systems
Authors: Huff Anne Sigismund , Moeslein Kathrin
Published: November 2023

This chapter argues that a better bridge is needed between the needs and challenges of individual leaders and the practices of large corporations trying to select, support, measure, motivate, and develop very large numbers of leaders around the world. In proposing a theoretic and empirical agenda that takes into account the corporate need to devise leadership systems, we draw on observations from a study conducted with corporate partners at the Technical University of Munich (TUM). Our desire is to find ways to understand more about how the ‘art’ required from individual leaders interacts with the ‘science’ offered by the kind of corporate leadership systems observed in this study of large and ‘super-large’ (over 100,000 employees) companies. A key idea for future work is that simplicity is critical for both effective corporate systems and the necessary sensemaking of individual leaders, but that simplicity must facilitate improvization and other more complex exchanges between individuals and corporate systems if it is to be effective.
Evidential Extensions of Non-Evidential Categories
Authors: Aikhenvald Alexandra Y
Published: November 2023

Mood, modality, tense, person, nominalizations, and complement clauses can develop overtones similar to some semantic features of evidentials. The conditional in French can be used for information obtained from a questionable secondhand source for whose veracity the speaker refuses to take responsibility. This does not mean that this conditional has ‘become’ an evidential. Rather, it has acquired a semantic extension to do with evaluating an information source. Categories and forms which acquire secondary meanings somehow related with information source are called evidentiality strategies. They are distinct from evidentials proper, whose primary-and not infrequently exclusive-meaning is information source.
What can we Conclude? Summary and Prospects
Authors: Aikhenvald Alexandra Y
Published: November 2023

Evidentiality is a grammatical means for marking information source. The correct use of evidentials is linked to categorizing ways in which information is acquired. Just as the function of classifiers is ‘to place objects in classes to do with human interaction with the environment’ (Denny 1976: 130; Aikhenvald 2000: 337-40 ), so the function of evidentials is to indicate how one has learnt about something, and how to categorize the sources of knowledge Evidentials across the world share a common semantic core. Their expression varies. Evidentials may be distinguished only in the past. They may be mutually exclusive with some other category; for instance, mood or negation.
Justiciability
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

When determining a negligence claim brought against a public authority, the first question a court will need to consider is whether the claim is ‘justiciable’, ie whether it is suitable for judicial resolution. It is only if a claim is ‘justiciable’ that the court ought to go on to consider whether a duty of care is owed and has been breached. Justiciability ought thus to be determined as a preliminary question. The courts have tended to consider justiciability prior to determining whether a duty of care is owed and, if so, whether it has been breached. This, we suggest, is the correct approach.
Housing and Land Use
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

Public authorities are substantial landowners. They use land for a wide variety of purposes intended to benefit the public, for example, for the provision of amenities such as parks and swimming pools, for drainage and sewage facilities, for commercial or residential leasing, for transportation by air, rail or road. In large part, the liability of public authorities will be governed by the same rules as are applicable to private landowners. Like other landowners, public authorities can be held liable for nuisance if their use of land interferes with neighbours’ enjoyment of their land, if they are the occupiers of premises that are not maintained to a reasonable standard of safety,2 or if as landlords they breach tenancy agreements.3
Trajectories of modernization and reform
Authors: Pollitt Christopher , Bouckaert Geert
Published: November 2023

In the previous chapters we examined the relatively enduring-yet slowly changing politico-administrative regimes of twelve countries, plus the European Commission.
Politics and management
Authors: Pollitt Christopher , Bouckaert Geert
Published: November 2023

At this point we shift gear. In Chapters 2, 3, 4, and 5 we have been engaged in building a model of management reform, classifying key contextual features that differentiate one country’s regime from another, identifying alternative trajectories for change, and examining the evidence as to the results of this change.
The Employment Relationship from Two Sides: Incongruence in Employees’ and Employers’ Perceptions of Obligations
Authors: Morrison Elizabeth Wolfe , Robinson Sandra L
Published: November 2023

The employment relationship involves two parties, the employee and the employer. Yet our understanding of the employment relationship has emerged largely from research that has focused on the perspective of the employee. That is, research has given little consideration to the perceptions of the employer, and has generally failed to integrate or compare the perspectives of the two parties to the relationship (Coyle-Shapiro and Kessler 2002; Tekleab and Taylor 2003).
The Self: The ‘I’ and the ‘Me’
Authors: Mead G H
Published: November 2023

We have discussed at length the social foundations of the self, and hinted that the self does not consist simply in the bare organization of social attitudes. We may now explicitly raise the question as to the nature of the “I” which is aware of the social “me.” I do not mean to raise the metaphysical question of how a person can be both “I” and “me,” but to ask for the significance of this distinction from the point of view of conduct itself. Where in conduct does the “I” come in as over against the “me”? If one determines what his position is in society and feels himself as having a certain function and privilege, these are all defined with reference to an “I,” but the “I” is not a “me” and cannot become a “me.”
Identifying the Contract of Employment
Authors: Brodie Douglas
Published: November 2023

Frequently, labour lawyers face the challenge of ascertaining whether a contract to work for another constitutes a contract of employment.1 Making this decision can prove to be immensely difficult and one must ask why this should be so. An initial source of confusion is to be found in the fact that two individuals may be engaged in discharging absolutely identical functions for the same employer but, nevertheless, the legal classification of the contracts under which they are engaged may not be the same. So the contracts of two individuals working ‘full time’ in the same occupation for the same organization might be classified in different ways.
Adjective Classes in Typological Perspective
Authors: Dixon R M W
Published: November 2023

This chapter is concerned with adjectives in the narrow sense-that is, descriptive adjectives such as ‘ red; ‘ heavy; and ‘ loyal’-leaving aside other types of noun modifier, demonstratives, and interrogatives. I suggest that a distinct word class ‘ adjectives’ can be recognized for every human language. In some languages, adjectives have similar grammatical properties to nouns, in some to verbs, in some to both nouns and verbs, and in some to neither. I suggest that there are always some grammatical criteria-sometimes rather subtle-for distinguishing the adjective class from other word classes.
The Measurement and Evaluation of Prison Regimes
Authors: Liebling Alison , Arnold Helen
Published: November 2023

The concept of prison performance is complex and multi-dimensional. No single indicator, nor even any small number of indicators, should be taken too seriously by itself. Multiple indicators are required to capture the many trade offs that must be made between the various and sometimes conflicting criteria of quality in the operation of a prison. Since no organisation can maximise all values at once, the more criteria and indicators we use, the more accurately we can reflect the total pattern of an institution’s strengths and weaknesses.
Particular Prisons and their Qualities
Authors: Liebling Alison , Arnold Helen
Published: November 2023

In the last chapter we described how we set about identifying ‘what matters’ in prison. There was a surprising but marked consensus between establishments, and between staff and prisoners, about the importance of certain values in prison life. We turn in this chapter to the vexed methodological question of selecting prisons. Is it possible to take five particular prisons, in any research, in order to understand ‘the prison’? Always problematic in any prisons research is the question of the representativeness or otherwise of the prisons selected (Liebling 1999). We introduce the five prisons in our study more fully, describing their characteristics, outlining their ‘qualities’, and drawing on our own data briefly to describe the distinct value cultures in each.
Social Structure and Meaning
Authors: Liebling Alison , Arnold Helen
Published: November 2023

In this chapter we consider two structural dimensions of prison quality: the distribution of power, and the organization of prisoner social life, or relationships among prisoners. These dimensions clearly matter in prison. They are distinct from all of the preceding dimensions in the sense that higher scores do not necessarily indicate higher quality of life. We explore these dimensions for what they tell us in general about the prison and its quality. We discuss later whether or not they can be included in our measure of moral performance.
Women in Financial Services: Fiction and More Fiction
Authors: Czarniawska Barbara
Published: November 2023

At the peak of the ‘new economy’, the Swedish newspapers were reporting an interesting fact: women were entering financial services, joining not the old fashioned occupational groups such as bank clerks, but the avant-garde: traders and analysts. A survey following these announcements (Renemark 2003) revealed that the claim was unverifiable. True, there were several financial service companies reporting the arrival of female traders and analysts, but these were very small companies, and the ‘influx’ often meant one new woman employee.
Interpretive Politics at the Federal Reserve
Authors: Abolafia Mitchel Y
Published: November 2023

One of the few things that can interrupt the flow of the US bond market during its trading day is an announcement from the Federal Reserve. Traders anticipate these announcements and trade on their implications. Every bond trading floor, whether in a bank or securities firm, employs economists, known as Fed watchers. They closely monitor the Fed’s policy announcements and its reports on the economy, attempting to predict their contents.
Merger Control In The European Union
Authors: Varona Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

This second edition of Merger Control in the EU provides the reader with an exhaustive analysis of the European Community rules relating to merger control, including the new EC Merger Regulation 139/2004 of 20 January 2004 which entered into force on 1 May 2004 and the latest interpretive notices adopted by the European Commission. A brand new addition to the book is the companion website which will maintain the currency of the main work after publication; a service that is free of charge to all who own a copy of the book. The European Commission has exclusive competence to authorise or prohibit concentrations which have a Community dimension. Bearing in mind the economic relevance of these operations, decisions made by the Commission have an extraordinary market impact. This work is an invaluable and precise instrument for legal practitioners and economists, as well as for those undertakings involved in merger operations or acquisitions. It will enable them to become acquainted with the Commission's policy in this field and to guide themselves through the complex procedure of notification in Brussels. It will also be useful for those merger operations which are required to follow the procedure of notification to the national competition authorities in EU Member States, since the Commission's guidelines inspire, to a large extent, the acts and decisions of the national authorities in this field. This book analyses the issues related to merger control not only from a legal standpoint, but also from an economic one. It is a product of the authors' knowledge and experience in Brussels as officials of DG Competition in the Commission, and as lawyers defending the interests of undertakings involved in the notification procedure.
On The Origins Of Expectancy Theory
Authors: Vroom Victor H
Published: November 2023

This chapter deals with a psychological theory variously referred to as expectancy theory or VIE theory. It Worst saw the light of day in a book, which I wrote in 1964 entitled Work and Motivation. Expectancy theory was the organizing focus of this book which attempted to create order among previously disparate Windings about why people choose the kinds of work they do, the satisfaction that they derive from that work, and the quality of their work performance. Expectancy theory is suYciently general to be applied to other behavior in other domains, but due to its initial connection with Work and Motivation, it has almost exclusively been applied to work behavior.
The merger situation: ‘enterprises ceasing to be distinct ‘
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

In the United Kingdom the common understanding of company mergers encompasses the notions of one firm ‘taking over’ or amalgamating with another through acquisitions on the stock market. The body of transactions that may cause justified concerns over the ensuing competitive structure of markets, however, is broader than this. The Enterprise Act 2002 explains that a merger situation arises where two or more enterprises either have ceased, or will soon cease, to be distinct. Thus, in general terms, a merger situation may involve the full amalgamation of two or more companies (a ‘true merger’); the outright or partial acquisition of one company by another; the transfer of one or more aspects of one business into the hands of another; the creation or transfer of an interest in a joint venture; the acquisition of some minority shareholdings; and situations where directorships, contracts, loans or other items lead singly or cumulatively to the requisite degree of influence of one company over another.
Introduction: The Substantial Lessening Of Competition
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

The revision of the ‘public interest test’ against which mergers were formerly assessed was one of the central ambitions of the Enterprise Act 2002. It was described by the Minister for Competition as ‘one of the cornerstones of the new regime ‘. The new substantive test, operative since 20 June 2003, is whether a relevant merger situation ‘has resulted, or may be expected to result, in a substantial lessening of competition within any market or markets in the United Kingdom for goods or services’. It is cited in section 22(1)(b) as regards completed mergers, and—with some slight variation to account for grammatical tense—in section 33(1)(b) for anticipated mergers. The identification of a likely substantial lessening of competition is the key prerequisite to any reference by the Office of Fair Trading. Similarly, the Commission may intervene in a merger only if it can concur with this view. The move to the new test has been widely lauded as confirmation that the protection of the competitive process provides the basis of the merger control regime.
The Future of Television Advertising
Authors: Lowrey Tina M , Shrum L J , McCarty John A
Published: November 2023

Perhaps we exaggerate when we suggest that the above vignette describes the future of television advertising, an environment in which the lines between entertainment and promotion have not just been blurred, but have been almost completely removed. Yet, as we detail in this chapter, the above scenario is not all that far-fetched. With so many technological innovations emerging that challenge the traditional method of delivering entertainment, many question the viability of television commercials as we know them. This is true not only in the trade press, but also in academe (cf. Baker 2003; Rust and Oliver 1994). Advertisers are experimenting with a wide array of solutions, many of which have been around since the advent of television broadcasting, to address their concerns over the dwindling commercial audience. However, there are also industry voices claiming that many are exaggerating the picture.
Anomaly-Seeking Research: Thirty Years of Development in Resource Allocation Theory
Authors: Gilbert Clark G , Christensen Clayton M
Published: November 2023

Our purpose in writing this chapter is twofold. First, we wish to describe the process by which theory is built, using as an example the thirty-five years of research that commenced with Bower’s 1970 model of the resource allocation process (RAP). Second, we hope to familiarize the reader with a series of important findings concerning the management of strategic process that enabled researchers to think about the model in new ways. (In the final chapter of this book, Bower and Gilbert use these findings to revisit the RAP model and formally map its evolution.) We hope that the pattern of research process presented here might provide a common language that helps readers visualize how independently derived insights on the resource allocation process accumulated. Also we hope that this description will help other scholars of management build upon each other’s work more effectively. The pattern of research process that we present has strong normative pedagogical implications—for both how we train our students and how we learn from and teach each other through publication.
Poland: Unbalanced Domestic Leadership in Negotiating Fit
Authors: Zubek Radoslaw
Published: November 2023

This chapter considers the way in which the national central bankers and finance ministers in Poland dealt with the challenges of Europeanization through EMU.1 In doing so, it analyses national and international factors that determined how Polish monetary and fiscal leaders negotiated fit with Euro Area entry between 1999 and 2004. It finds that, throughout the period, the central bank pursued a policy conducive to fast-track monetary convergence. This choice had been determined not only by its own push for EMU membership but also by a combination of macroeconomic conditions, policy legacies and party political considerations.
Persistent Laggard: Romania as Eastern Europe’s Sisyphus
Authors: Papadimitriou Dimitris
Published: November 2023

If Estonia has been a long-standing pacesetter, and Hungary has fallen behind, Romania has been a persistent laggard both on EU and on EMU accession. Moreover, unlike in Bulgaria, its governments have not been prepared to ‘bind hands’ by adopting a currency board. The explanation is to be found in the specificities of the Romanian political economy: a persisting reluctance to break with the legacy of the communist past, especially a large inefficient state-owned industrial sector; the role of political parties as breeding grounds of clientelism and corruption, the inability of complex coalition governments to make credible long-term commitments to economic stability and structural reform, a weak but ever-present state, and a highly politicized public administration.
Obtaining, Recording And Admissibility Of Out-Of-Court Witness Statements
Authors: Heaton-Armstrong Anthony , Wolchover David , Maxwell-Scott Annabel
Published: November 2023

In chapter 15 of Analysing Witness Testimony (‘Recording witness statements’) two of the 10.01 present chapter’s authors examined the absence of any general procedural requirement for recording (a) the interviewing of witnesses by investigators and (b) the process of writing up witness statements. We demonstrated how, with no such monitoring, the corruption of evidence gathering through the questioning of witnesses was liable to infect the conduct and fairness of criminal trials virtually unchecked. This is because, from beginning to end, witness statements play a vital role in the whole of the criminal process.
Judging Eyewitnesses, Confessions, Informants And Alibis: What Is Wrong With Juries And Can They Do Better?
Authors: Kassin Saul
Published: November 2023

This chapter will address lay people’s ability to assess the accuracy and credibility of 19.01 oral testimony at trial in the form of eyewitness identifications, confessions to police, informants, and alibis. The DNA exoneration literature reveals that there are systemic problems at two levels. First and inevitably, human-produced evidence is imperfect, often being flawed and biased. Second, however, police, prosecutors, judges, and juries too often assess that evidence at insufficient levels of accuracy.
Prisons During Transition: Promoting a Common Penal Identity through International Norms
Authors: Piacentini Laura
Published: November 2023

This chapter considers how human rights are experienced in Russian prisons and the mechanisms through which they deliver new priorities in the administration of imprisonment. Not only does the chapter attempt to help correct the woeful neglect of Russian prisons in criminological scholarship, it also aims to inform debate on how fundamental social, political, and economic transitions enable prison systems to take new directions, precisely because such systems may exhibit a kind of porosity in their penal peripheries. It is my contention that Russia has followed a path of human rights because of their directive force in a global context, a force that is conceived from a symbolic politics that fuses global conformism with morality.
Welfare and Punishment in Comparative Perspective
Authors: Downes David , Hansen Kirstine
Published: November 2023

The past two decades of work on the social analysis of punishment have arguably neglected the impact of the commitment to welfare on the scale of imprisonment. This chapter explores several possible reasons for its marginalization and argues the case for its reinstatement as a topic of central importance. The achievement of penal welfarism in relative decarceration gains support from the work of Beckett and Western (2001) and from cross-national data on prison numbers and welfare spending. Time series analysis suggests an increasing trade-off between welfare and penal capital, and that the commitment to welfare constitutes a growing constraint on the shift to a more punitive culture of control.
Biotechnology
Authors: Etty Thijs
Published: November 2023

The survey year 2003 saw a storm of landmark events in the policy area of biotechnology law, both in the European Union (EU) and at the international level. The prediction in last year’s survey, that the transitory year 2002 would build up to a plethora of legislative and political developments in 2003, certainly was fulfilled. During the summer, the EU adopted long-awaited and fiercely debated new legislation on the authorization, marketing, traceability, and labelling of genetically modified (GM) food and feed products, and on the export and transboundary movements, and the traceability and labelling of genetically modified organisms (GM Os).This so-called ‘GM package’ has proved to be one of the most imperative and sensitive legislative dossiers of the EU in recent years, of course wrought with political compromises. Hence, it should come as no surprise that its final adoption has been heralded both as a victory and as a failure.
An Introduction to the Technology and Construction Court
Authors: Davis Michael , Akenhead Qc Robert
Published: November 2023

The Technology and Construction Court (the ‘TCC’) is one of the specialist courts of the Queen’s Bench Division of the High Court of Justice. While it has existed under that name only since 1998, it is the successor to the Official Referees, who date back to 1876. Throughout their history, the scope and complexity of work undertaken broadened over the years. Whereas in 1953 a 36 day trial before the Official Referees was considered long, by 1981, the Official Referees were hearing cases spanning 126 days and had developed a reputation for handling complex multi-party litigation.
Political culture
Authors: McElligott Anthony
Published: November 2023

It is not my intention in this chapter to retread the now familiar ground of the republic’s political narrative told through its various parties and organizations. Instead, I want to address its political culture (broadly defined) in terms of the tension between the concept of a state in which representative democracy had primacy, what Hugo Preuß in 1917 referred to as the Volksstaat (citizen state), and the argument mostly put forward by conservative intellectuals such as Carl Schmitt, for a strong state with powers concentrated in an executive body or directory, not unlike the wartime dictatorship of General Ludendorff and Field Marshal Hindenburg, but based on popular acclamation.
The Reichswehr and the Weimar Republic
Authors: Mulligan William
Published: November 2023

The collapse of the German army in late 1918 did not mark the end of military influence in political life. Indeed, the catastrophe of 1918 was accompanied by a sense of optimism that Germany would recover, just as Prussia had done successfully after the defeat at Jena in 1806. The restoration of German military power and Great Power status was the long-term goal of the officer corps. At times, policy prescriptions and aims were radical, seeking the creation of a military utopia.
The Social Costs of Greenhouse Gases: Their Values and Policy Implications
Authors: Mendelsohn Robert
Published: November 2023

If greenhouse gases (principally carbon dioxide (CO2), methane (CH4), and nitrogen oxides (NOX)), continue to accumulate in the earth’s atmosphere, future temperatures are expected to increase (Houghton et al., 2001). These changes in climate, in turn, will cause both market and non-market impacts on humans across the planet (McCarthy et al., 2001). Society faces a complex task of balancing abatement costs against the damages that these gases cause over very long time periods. The social cost of greenhouse gases is the present value of the net damages caused by an additional ton of emissions. Intuitively, it is the marginal damage of emissions. By determining the value of the social cost, society can design globally efficient programmes to control greenhouse gases. In this paper, we focus on the social cost of carbon (SCC), the social cost of adding another ton of CO2. Greenhouse gases mix readily in the atmosphere so that emissions anywhere in the planet effectively make the same contribution to concentrations. The consequences of greenhouse-gas emissions are therefore global, not local. There is only one value for the SCC for the entire planet at each moment in time. Whether an emission is made in Fiji, Great Britain, or Russia, there is a single value of SCC. In contrast, the damages caused by most pollutants are more localized and depend greatly on where the pollution is emitted.
Sources of Russian Foreign Relations and Investment Law
Authors: Butler William E
Published: November 2023

The sources of Russian law generally are also the sources of Russian foreign relations and investment law, albeit with some adjustments of emphasis. Technically, the sources of Russian law are rules or norms created, sanctioned, or recognised by the Russian State or subjects of the Russian Federation and their agencies and officials within their respective competences in a duly established procedure. Insofar as these rules or norms prescribe general rules of conduct they are called ‘normative legal acts’.
Technology Transfer and The New Eu Competition Rules
Authors: Anderman Steven D , Kallaugher John
Published: November 2023

The new Technology Transfer Block Exemption Regulation (in force from May 1, 2004) signals a profound change in the nature of the regulatory framework for technology licensing under EU competition law. This book examines the new Regulation in detail, placing it in the wider context of: (i) the context of the modernisation reforms of EC competition law generally; and (ii) the changes in treatment of "technology transfer" within the broader context of changes in treatment of IP rights over technology more generally. The book also considers the approach to assessment of IP issues set out in the Guidelines that accompany the Regulation. The central feature of the Commission's new approach is that firms and practitioners must engage in self-assessment to determine whether their agreements comply with Community competition law. Paradoxically, this makes it more important that practitioners understand the significance of the old case law: the book considers to what extent these cases remain valid today. It also goes beyond paraphrasing the Commission's Guidelines, discussing their legal basis and, where appropriate, criticising the approach taken by the Guidelines where the legal basis is unsure.
Barbados
Authors: Bernd Hillebrands , Katrin Falk
Published: November 2023

Barbados’ house of assembly was founded in 1639, which means that Barbados enjoys the third-oldest and uninterrupted tradition of parliamentary elections in the Commonwealth. However, as in the other colonies of the British West Indies, suffrage was restricted to the white population, in the case of Barbados until 1831 and property requirements remained in force until 1950.
Bolivia
Authors: Jorge Lazarte R
Published: November 2023

Bolivia is a multicultural and pluriethnic country with an indigenous majority, and a population estimated at 8,274,325 according to the 2001 census. Its major natural resources, which have greatly influenced the history of the country, are distributed across a territory of 1,098,581 square kilometers. Today, Bolivia is one of the poorest countries in the region, with one of the fastest growing rates of income inequality.
Venezuela
Authors: Molina José , Thibaut Bernard
Published: November 2023

Venezuela was a rather marginal colony in its early years and only acquired importance in the 19th century, from both an economic and administrative point of view. This development happened systematically within a plantation-based economy (cacao, indigo, cotton, coffee, sugar cane).
Social Entrepreneurship: It is for Corporations, Too
Authors: Austin James E , Leonard Herman B , Reficco, Ezequiel , Wei-Skillern Jane
Published: November 2023

Historically, entrepreneurship has been the basic engine that gives rise to new ventures—the driving force behind the dramatic growth and development of the business sector. Entrepreneurs identify business opportunities and mobilize resources to create new enterprises. Recognizing that traditional management approaches did not often produce the dynamic innovation that characterized new venture entrepreneurship, corporate leaders have in recent decades attempted to bring entrepreneurial processes into their organizations. This ‘corporate entrepreneurship ‘ is aimed at spotting and redefining market opportunities through innovative strategies, processes, and organizations that would generate new competitive advantage.