bluuebunny/crossref_metadata_2025 huggingface dataset:
Judicial Activism
Authors: Fleming John G
Published: November 2023

Social change since the last world war, driven by heightened expectations of social welfare, affluence, and technological progress, has been putting the legal system under hitherto unparalleled pressure to accommodate itself to this changing vision. Tort law is peculiarly exposed to these demands in its role as the traditional source of accident compensation.
The jury
Authors: Fleming John G
Published: November 2023

Jury trial is the hallmark of the American tort system. Unknown to the civil law, it has all but disappeared from other common law jurisdictions except in a few remnants of the old Commonwealth. In the United States, however, the civil jury has retained its august position, entrenched both by the federal and by most state constitutions. It is uniquely associated with tort litigation, both because it functions almost exclusively in tort cases and because the right to jury trial is rarely waived. Its prevalence is indicated by the following statistics: California, with a population of 25m. recorded approximately 100,000 tort claims in 1984-5; almost 70,000 dispositions, 1,660 of which were contested.
The Resurrection of Rights in Poland
Authors: Kurczewski Jacek
Published: November 2023

This book deals with the social, political, and normative changes of the last decades in Poland, and aims to synthesize the empirical evidence of the normative aspect, as reflected in attitudes and action, with a theoretical interpretation of this historic process. Was the Polish experience unique, or was it merely a manifestation of common problems affecting all societies in the last quarter of the twentieth century? The place of the Polish experience in the recent history of Communist Europe, the rise of Solidarity and the development of a re-structured society are extensively and absorbingly examined.
B
Authors: Toth A G
Published: November 2023

Block Exemption Commission or Council Regulation exempting certain categories of agreements, arrangements or conduct from an EC Treaty prohibition which would otherwise apply to them. Block exemptions were originally, and are still most commonly, used to provide exemption from the prohibition on restrictive agreements and arrangements contained in Art. 81 of the EC Treaty, but have more recently been used to exempt certain categories of State aid from the prohibition in Art. 87 of the EC Treaty. Block exemptions were originally a means of efficiently disposing of large numbers of cases that raise no real competition issues, but nevertheless would legally be required to be notified to, and examined individually by, the Commission. They avoided the need for the Commission to deal with such cases, while providing certainty to the parties concerned regarding the legality of their agreement or conduct. This is still their function in the context of State aid.
G
Authors: Toth A G
Published: November 2023

Written statement issued by the Commission providing informal guidance to individual undertakings on novel or unresolved questions concerning the interpretation and application of Arts. 81 and 82 EC (see Notice on informal guidance relating to novel questions concerning Articles 81 and 82 of the EC Treaty that arise in individual cases (guidance letters), point 5, OJ 2004 C101/78). The main text of Council Reg. 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L1/1) does not mention guidance letters amongst the acts which the Commission can adopt. However, recital (38) in the preamble states that the Regulation is without prejudice to the ability of the Commission to issue informal guidance, in the interests of legal certainty, where cases give rise to genuine uncertainty because they present novel or unresolved questions for the application of the Community competition rules. Since this ability should not interfere with the primary objective of the Regulation, which is to ensure the effective enforcement of the competition rules, the Commission will only provide guidance to undertakings insofar as this is compatible with its enforcement priorities (point 7 of the above Notice). The new enforcement system introduced by Reg. 1/2003 is based on the idea that it is for the undertakings themselves to assess the compatibility of their agreements and practices with the Community competition rules. For this purpose, they can rely for guidance on a variety of sources, such as the case-law of the Community Courts, the block exemption Regulations and individual decisions of the Commission, its various Notices and Guidelines, etc.
J
Authors: Toth A G
Published: November 2023

The creation of a jointly participated undertaking or any subsequent change of control thereover falls within the scope of the Merger Regulation in the event that it qualifies as a full-function joint venture. This will be the case when the joint venture performs on a lasting basis all the functions of an autonomous economic entity (Art. 3(4) of Council Reg. 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation), OJ 2004 L24/1. See also Comm. Notice on the concept of full-function joint ventures, OJ 1998 C66/1—’Notice on joint ventures’). The current notion of full-function joint ventures was introduced by Council Reg. 1310/97 of 30 June 1997 (OJ 1997 L180/1, corrigendum in OJ 1998 L40/ 17) and the Notice on joint ventures, which led to a major change in the previous Commission’s practice in relation to joint ventures. Indeed, prior to this amendment, the former Merger Regulation (Council Reg. 4064/89 of 21 December 1989 on the control of concentrations between undertakings, OJ 1989 L395/1, corrected version in OJ 1990 L257/13) established a distinction between concentrative and co-operative joint ventures in order to determine those which would be subject to the merger control rules.
Indigenous Peoples: A Relevant Concept?
Authors: Ian Brownlie Q C , Brookfield F M
Published: November 2023

In the second lecture the various models based upon the concept of group rights were examined, including those of self-determination and the protection of minorities. The topic of indigenous peoples was reserved for this, the third lecture. The Maori are by any criterion within the description of indigenous peoples. Moreover, the term ‘indigenous’ more or less proposes a criterion of antecedence. Thus the concept of indigenous peoples has a prominent place on the agenda.
Methods of Credit Control
Authors: Wheeler Sally
Published: November 2023

CHAPTER 2 examined the formal law behind reservation of title clauses, which was necessary to set in context the empirical analysis of the law action which was to follow. It is also necessary to set reservation of title clauses in their practical context in terms of their use and popularity among manufacturers. Chapter I referred briefly to the fact that some suppliers of goods did not use reservation of title clauses. A number of reasons can be put forward for this non-use and are examined below.

Chapter 2 showed how a supplier might create a floating charge while actually intending to reserve legal title to his goods. His attempt to retain title is considered ineffective if a floating charge arises through the operation of the common law.
Construction of a Claim
Authors: Wheeler Sally
Published: November 2023

This chapter will look at the construction of a reservation of title claim. There are several key stages involved in the bringing of a claim. Each stage operates as a claims filter: for each potential claimant who progresses from one stage to the next there are others that do not. The stages involved in bringing a claim are not always made into claims filters by the claims defenders, the insolvency practitioners. The conversion from merely stages involved in bringing a claim into stages which filter out claims can occur because of practical problems, such as those that will be found in relation to notification, discussed below. They can also be the result of a conflict between the stages and the forward looking perspectives of the supplier.
Conclusions
Authors: Wheeler Sally
Published: November 2023

This book has been a socio-legal analysis of reservation of title claims. It has attempted to explain why only 15 per cent of claimants enjoy recovery and how these findings are relevant to our understanding of wider areas, namely perceptions of law, legal negotiations, and the interrelationship of law and business practice.

Law has been shown to be an uncertain body of rules. It seems accurate to view it as a raw material which is moulded and worked upon by the legal profession to serve their clients interests: ‘Law is, in its nature, multifaceted, contradictory and manipulable and it is the legal profession’s role to take maximum advantage of the contradictions, to manipulate the law in the interests of its clients.’ The importance of the link between Chapter 2 (the analysis of the formal law) and Chapters 4-6 ( the analysis of legal negotiation and the role of the legal profession) is that it illustrates how little discussion there is of the formal law in legal negotiation.
The Borough
Authors: Robins David
Published: November 2023

The Borough—motto ‘Stand Together’ —has one of the highest proportions of people from ethnic minorities in the United Kingdom and the European Community. It was formed in the 1960s, following the 1963 Local Government Act which merged many old boroughs. In the poor south of the Borough over half the population is black or Asian, and unemployment during the 1980s was well above the national average. Much of South Borough consists of a ribbon of austere, remote-looking multi-high-rise estates, which a local punk poet once dubbed Satellite City, because ‘they might as well be on another planet.’ Unemployment on these estates has been estimated to have been about twice as high as in surrounding areas. Social geographers have pointed out the paradox that these estates are all within reasonable travelling distance of other, more prosperous, areas of the city where there are low rates of unemployment and lots of job vacancies. ‘The paradox exists of high rates of unemployment and of vacant jobs side by side,’ but ‘the jobs are skilled ones needing education and training which the unemployed conspicuously lack’ (Hall I 98 I: 45).
The People’s Council
Authors: Robins David
Published: November 2023

AL THOUGH the area contains a high concentration of people of African-Caribbean descent, South Borough remained calm during most of 1981. ‘There weren’t nothing happening round there,’ Andy Mason recalled. ‘Everybody just going to jail, or coming out of jail as usual.’ In the wake of the riots, Lincoln Fredericks and the Group of youths from the Satellite formed themselves into the PC, the People’s Council. Lincoln announced: ‘We want to try and get people to do more constructive things with their lives.’ Robert Walsh, Community Development Officer (and later Assistant to the Borough Chief Executive), was appointed by the Council to advise the Group.
Postscript
Authors: Robins David
Published: November 2023

There were angry scenes in the Council chamber as the decision to close The Center and place it under new management was taken. Some called it racist and predicted riot and mayhem. Others were less sure. By now the project had cost over £10 million. ‘What difference had it made to the area? What difference could any project ever make?’, they asked. Meanwhile, without the help of any community initiative, a new set of heroes and other role models emerges for the next generation.
Images of Children in the Media: ‘Soft Kiddie Porn’
Authors: Elliott Michele
Published: November 2023

An article entitled ‘My Image of Fashion’, published in the Sunday Times magazine on 14 October 1984, featured the Japanese photographer Eiko Ishioka. One oflshioka’s specialities is posing children in what she called ‘erotic, high-fashion fantasy’. The text accompanying Ishioka’s photographs described one of her advertisements as a confrontation with an ‘ageless child – boy or girl – gazing with knowing, sexy eyes’. The cover depicted two little girls about nine years old with bare nipples highlighted. Apparently, the kind of advertising images fostered by Ishioka are effective. In the time that she worked for a major Tokyo store, her adverts were partly responsible for the annual turnover rising from £31 million to £576 million. Youth and sex combined in advertising are money-spinners. When sixteen-year-olds become too old, the only option left is younger and younger models.
On the Question of Pornography and Sexual Violence: Moving Beyond Cause and Effect
Authors: Cameron Deborah , Frazer Elizabeth
Published: November 2023

What is to be done about pornography? Whenever feminists raise this question – and they have raised it insistently, on both sides of the Atlantic – one particular issue can be counted on to dominate discussion. That issue is: does pornography actually have significant effects in terms of causing violent and misogynistic behaviour? Can we, in other words, establish a firm relationship between the sphere of representation where pornography is located, and the sphere of action in which specific individuals harm other individuals? Any feminist who objects to pornography is immediately challenged to demonstrate such a causal relationship; anyone who doubts that the relationship exists is under pressure to concede that pornography is not a problem. The entire agenda for debate is drawn up in terms of this question.
Against the Male Flood: Censorship, Pornography and Equality
Authors: Dworkin Andrea
Published: November 2023

Censorship is a real thing, not an abstract idea or a word that can be used to mean anything at all. In ancient Rome, a censor was a magistrate who took the census (a count of the male population and an evaluation of property for the purpose of taxation done every fifth year), assessed taxes, and inspected morals and conduct. His power over conduct came from his power to tax. For instance, in 403 B.C., the censors Camillus and Postimius heavily fined elderly bachelors for not marrying. The power to tax, then as now, was the power to destroy. The censor, using the police and judicial powers of the state, regulated social behaviour.
Innovating with Information Technology
Authors: Lockett Martin
Published: November 2023

Information technology is becoming recognized as an important business weapon. As well as traditional data processing applications designed to increase business efficiency through cost-reduction, information technology is being used to improve effectiveness, for example, through improved information for decision-making and faster speed of response to the customer. More radically, IT can be a key component in doing business in new ways and even transforming a business or sector. It is clear that while developing IT systems is a necessary condition for success in such cases, it is by no means sufficient. The question, therefore, is how new products, services, processes, and ways of working involving IT can be managed to obtain business benefits. Today the availability and cost of information technology are not the major constraints on its effective application in business. The potential applications of information technology which can be cost justified and are technically feasible far exceed the capability of organizations to exploit these opportunities.
An Organizational Approach to IS Strategy-Making
Authors: Earl Michael J
Published: November 2023

For many IS executives strategic information systems planning (SISP) continues to be a critical issue (Niederman et al. 1991). It is also reportedly the top IS concern of chief executives (Moynihan 1990). At the same time it is almost axiomatic that information systems management be based on SISP (Synott and Gruber 1982). Furthermore, as investment in information technology has been promoted to both support business strategy or create strategic options (Earl 1988; Henderson and Venkatraman 1989), an ‘industry’ of SISP has grown as IT manufacturers and management consultants have developed methodologies and techniques. Thus SISP appears to be a rich and important activity for researchers. The literature recommends that SISP target the following areas: aligning investment in IS with business goals; exploiting IT for competitive advantage; directing efficient and effective management of IS resources; developing technology policies and architectures.
Relationships Between Strategy and Business Process Reengineering: Evidence From Case Studies
Authors: Earl Michael J , Sampler, Jeffrey L , Short James E
Published: November 2023

It is not unusual for management research to lag behind management practice; in some ways it is inevitable. Business Process Reengineering (BPR), it is claimed, was pioneered in a few large corporations in the 1980s (Hammer and Champy 1993). It was first described and explained at the turn of the decade ( Davenport and Short 1990; Hammer 1990) and since then an evolving stream of research has been reported (Caron et al. 1994; Davenport and Stoddard 1994; Grover et al. 1994). This paper reports results from case-study research on relationships between BPR, business strategy planning, and information systems (IS) planning. These questions are particularly relevant due to the rapid escalation in the size and scope of reengineering projects. Our work has been guided by the following questions: How have business process reengineering initiatives evolved in organizations? How has planning for BPR been integrated with strategic business planning? And with IS planning? Is there evidence that the character, scope, and size of BPR projects depends on the degree of integration between BPR, strategic business planning, and IS planning? To what extent has the degree of planning integration between BPR, strategic business planning, and IS affected change management policies and practices in firms undergoing BPR? In approaching these questions we have surfaced a number of definitions of business process reengineering.
Discretion in a Behavioral Perspective: The Case of a Public Housing Eviction Board
Authors: Lempert Richard
Published: November 2023

The discretion that law grants may be examined as a quality of rules, as a quality of behavior, or as a sense that people have of their freedom to act.1 Thus legal rules give discretion, people exercise discretion, and individuals contemplating or reflecting on action may feel as if their actions are or were discretionary. Discretion as a quality of rules is a topic much mooted by legal philosophers and lawyers writing from an analytic perspective (Hart and Sacks 1958; Rosenberg 1970-1; Greenawalt 1975; Dworkin 1977b; Post 1984; Fletcher 1984; Barak 1989). Discretion in its other two senses is more appropriately studied by social scientists. While the phenomenology oflegal discretion has received little empirical attention, discretionary behavior has been the focus of considerable research by social scientists and empirically oriented lawyers studying the legal system. (See, e.g., Goldstein 1960; Schubert 1963; Sudnow 1965; Skolnick 1966; Davis 1969; Alschuler 1975; Heumann 1978; Kagan 1978; Emerson 1983; Hawkins 1984; Pepinsky 1984.)
Under a Cloud: November and December 1983
Authors: Greer Steven
Published: November 2023

A Shadow was cast across the supergrass system as 1983 drew to a close. In November William Skelly retracted his evidence against ten suspects, and the trial of R. v. Connolly and others ended in the acquittal of all seven of the fourteen defendants charged on the uncorroborated evidence of INLA supergrass Jackie Grimley, with the rest convicted on guilty pleas or confessions. On 19 December all five accused in the Morgan trial were also found not guilty. John Patrick Grimley was born in 1943 in Craigavon, County Armagh, and had his first brush with the law at the age of 14, when he was convicted of burgling a bacon factory. Having served a probation order, he reoffended in each of the following two years and spent periods in a training-school, from which he escaped, and then in borstal. Soon afterwards he faked a suicide attempt and was committed to a mental hospital for six months. In 1961 or 1962, at the age of 18 or 19, Grimley joined the Irish Guards regiment of the British army and a year later allegedly again faked an attempted suicide, was discharged, and got married. In 1963 he joined another British army regiment, the Royal Irish Fusiliers, using his brother ‘s name but, a year later, was again discharged after yet another faked suicide attempt. In 1970 or 1971, he served yet another year in the army, this time with the Pioneer Corps, but was discharged when his dishonesty concerning his previous enlistments was discovered. In 1972, having left the army, Grimley was soon in trouble with the police in London for theft.
Decline: 1984
Authors: Greer Steven
Published: November 2023

On 12 January 1984 the conviction of RUC Special Branch sergeant Charles McCormick, secured largely on the evidence of IRA informer Anthony O ‘Doherty, was quashed on appeal.1 The North ern Ireland Court of Appeal held that Mr Justice Murray, the trial judge, had been wrong to conclude that the evidence independent of O ‘Doherty ‘s testimony reached the high corroborative standard he himself deemed necessary.2 On 22 August it was announced that O ‘Doherty would be released by exercise of the royal prerogative, after having served only five years of an eighteen-year sentence on fifty-seven terrorist charges. Commenting upon his release, the Northern Ireland Office said that his sentence had been reduced as a reward for having supplied information which had led to the break-up of dozens of IRA units.3 Although he was given a new identity, and a weekly wage, in another part of the United Kingdom, within a fortnight he had returned to his familiar haunts in the Ballymena area and was last seen in 1989, which suggests that, unusually, the IRA had no intention of punishing him.4
Redressing Judicial Wrongs
Authors: Olowofoyeku Abimbola A
Published: November 2023

The common law seeks to implement the principle of redress for wrongs, exemplified by the maxim ubi jus ibi remedium, and as explained by Holt CJ in the above quotation. However, the doctrine of judicial immunity represents a formidable impediment to those seeking redress for the reparation of injuries occasioned by judicial defendants. For example, in the American case of Christensen v. Ward, where a number of judges were sued in respect of decisions in tax cases involving the plaintiff, the court in dismissing the claim made this pronouncement:
Introduction
Authors: Smith Russell G
Published: November 2023

The General Medical Council1 was created by the Medical Act 1858, which, in the words of the Council’s former President, Lord Walton of Detchant, established ‘a formal Medical Register, so as to enable the public to identify those who were acceptably qualified as opposed to the one in three then thought to be practising v,1.thout qualifications’ (Walton 1983: 5). In addition to jurisdiction over publication of the National Pharmacopoeia, which was transferred to the British Pharmacopoeia Commission on I march 1970 (see Stacey 1992b: 24), the Council achieved its purpose in two primary ways. On the one hand, it determined, by the setting of educational standards, those names which should be permitted to be placed upon the Register, and, on the other, those names which should not be permitted to remain upon the Register, a function originally described as disciplinary or penal but now referred to by the less value-judgmental expression ‘professional conduct’.
Jurisdiction
Authors: Smith Russell G
Published: November 2023

This chapter considers the way in which the GMC’s professional conduct jurisdiction developed, both legislatively and procedurally, and how the extent of the jurisdiction has been judicially interpreted and defined. Accounts of the period preceding the introduction of the Medical Act 1858 have been provided by a number of writers (Bullock 1929; Poynter 1958; Pyke-Lees 1958; Cohen 1966; Varlaam 1978; Stacey 1992b), and it is generally accepted that the legislation which was finally achieved was not altogether satisfactory, a situation arising out of the need to satisfy so many competing interests at the same time. In the words of Cooke: ‘The Council had started with many difficulties and disadvantages-ill-defined powers, harsh differences of opinion on its functions and duties, and a general feeling that it was an unsatisfactory compromise’ (1972: 820).
The Nature of Disciplinary Proceedings
Authors: Smith Russell G
Published: November 2023

It is widely recognized that the aims of the GMC’s professional-conduct jurisdiction are twofold: the protection of members of the public and the declaration and maintenance of standards of conduct within the profession. A third function which some see for the jurisdiction is the deterrence of future misconduct through the punishment of practitioners.
Survey of Cases
Authors: Smith Russell G
Published: November 2023

This chapter provides a general survey of professional conduct cases dealt with by the GMC between 1858 and 1990. The data are derived from the GMC’s minutes, which were read and indexed in their entirety. In conducting the present research, an attempt was made to identify and compile a dossier for every identifiable practitioner in respect of whom allegations of misconduct, in the most general sense, were made. Thus, it was possible to compile a list of cases which involved proceedings under the GivIC’s various disciplinary and quasi-disciplinary powers. Full particulars of these cases are set out in the author’s doctoral dissertation (R. G. Smith 1990).
Sanctions—General Considerations
Authors: Smith Russell G
Published: November 2023

One of the most visible and highly contentious aspects of the GMC’s professional-conduct jurisdiction concerns the manner in which cases of misconduct are disposed of and sanctions applied to practitioners. The principles of justice which were outlined in the first chapter require that Committees should seek to apply the relevant criteria justifying the imposition of particular sanctions in a consistent and coherent manner and without regard to irrelevant or prejudicial influences. Committees should have before them an adequate range of sanctions to deal with the wide variety of situations which can arise, and, once sanctions are imposed, provision should be made for the efficient monitoring of the practitioner’s behaviour so as to ensure compliance with the terms of the direction given. Where practitioners’ names have been erased from the Medical Register, the rules governing the restoration of their names should operate, and be seen to operate, fairly and consistently and with an appreciation of the purposes for which the direction was first given.
Dispute by Silence
Authors: Mann F A
Published: November 2023

According to section 1 (1) of the Arbitration Act 1975 a party to an international arbitration agreement, if sued in respect of any matter agreed to be referred, may apply to the court for a stay of the proceedings and the court ‘shall’ order a stay, ‘unless satisfied ... that there is not in fact any dispute between the parties with regard to the matter agreed to be referred’. These words are not part of the New York Convention to which the Act of 1975 purported to give effect. They stem from section 8 of the Arbitration (Foreign Awards) Act 1930 which amended section 1 (1) of the Arbitration Clauses (Protocol) Act 1924, and are due to the Mackinnon Committee’s report of 1927 (Cmd. 2817) which in paragraph 43 recommended an amendment of the Act of 1924 in order to enable the court to refuse a stay where there was no evidence of a dispute to be settled by arbitration.
The Problem of the Policeman’s Pay—The German Approach
Authors: Mann F A
Published: November 2023

The decision of the Court of Appeal in Metropolitan Police District Receiver v. Croydon Corporation, to which Professor Gower shortly referred at the end of a recent Note, will no doubt be discussed by a greater expert in the field than this writer. The latter merely desires to draw attention to the curious fact that a problem which might be expected to have been settled long ago is at this very moment the subject-matter of intensive discussion not only in this country, but also in Germany, where according to section 616 of the Civil Code the employer is under a duty, for a period of six weeks, to continue to pay remuneration to an employee who, as a result of an accident, is incapacitated.
Unfair Contract Terms Act 1977 and the Conflict of Laws
Authors: Mann F A
Published: November 2023

Notwithstanding three recent contributions on the relationship of statutes and the conflict of laws, the even more recent Unfair Contract Terms Act 1977 which received the Royal Assent on 26 October 1977, and came into force on 1 February 1978, renders it necessary to revert to the subject. The Act provides for limitations upon the power to exclude liability for breach of contract, breach of duty, or negligence, and includes two provisions bearing upon the conflict of laws and inviting comment. Section 27, in so far as relevant for present purposes, reads as follows
Contempt of Court in the House of Lords and the European Court of Human Rights
Authors: Mann F A
Published: November 2023

However uncertain its definition and scope may be in some respects, contempt of court is undoubtedly one of the great contributions the common law has made to the civilized behaviour of a large part of the world beyond the continent of Europe where the institution is unknown. In particular it is important for what follows to remember that, as Lord Reid said in Att.-Gen. v. Times Newspapers Ltd. [1974] AC 273, 300 (the Sunday Times case), ‘there has long been and there still is in this country a strong and generally held feeling that trial by newspaper is wrong and should be prevented’.
On the American ‘Foreign Sovereign Compulsion’ Defence
Authors: Mann F A
Published: November 2023

IN 1980 both Britain and France enacted legislation designed to provide safeguards against the well-known exorbitant jurisdiction claimed by the United States of America in respect of trading activities carried on outside, but having (or alleged to have) ‘effects’ within the United States. In Britain it was the Protection of Trading Interests Act 1980 which came into force on 20 March 1980 and replaced the Shipping Contracts and Commercial Documents Act 1964. In France Act No. 80-538 came into force on 16 July 1980 and, apparently, supplements an Act on 28 July 1968. The Statutes of both countries aim at, inter alia, preventing the disclosure of information and documents to foreign authorities and courts and provide for penalties in the event of any breach of the statutory prohibitions. One of the legislator’s reasons no doubt was the belief that in cases in which the law of the United States requires the production of documents the decision of the Supreme Court in Societe Internationale v. Rogers would govern and, therefore, the existence of penal sanctions would furnish an effective defence against unjustifiable requests for documents.
The Effect in England of the Compulsory Acquisition by a Foreign State of the Shares in a Foreign Company
Authors: Mann F A
Published: November 2023

IN Williams and Humbert Ltd. v. W. & H. Trade Marks (Jersey) Ltd., Rumasa S.A. v. Multinvest (U.K.) Ltd., [1986] 2 WLR 24, the House of Lords, in a speech delivered by Lord Templeman and concurred in by Lord Scarman, Lord Bridge of Harwich, Lord Brandon of Oakbrook, and (probably) Lord Mackay of Clash fern, appears to decide that if Spain ‘compulsorily acquires’ all the shares in a Spanish company there is no legal principle that would prevent the company, represented by its new directors, from recovering its English assets.
The Extremism of American Extraterritorial Jurisdiction
Authors: Mann F A
Published: November 2023

IN Consolidated Goldfields plc v. Minorco S.A. the United States Court of Appeals, Second Circuit,2 rendered a decision which, it may confidently be asserted, will come as a shock and surprise to the commercial world outside the United States. For many years one has been aware of excesses of international jurisdiction, by means of which the United States has interfered with the conduct by foreign nations of their commercial policies. There were, it is true, in recent years a few indications of a more reasonable approach by both the legislature and the courts, so that some hope for reduced tension arose in many quarters. But now so extreme a development has taken place that a revival of much controversy is likely to occur.
White Students on Trial
Authors: Lobban Michael
Published: November 2023

It was not just the ideas of black radicals that the state wanted to police and prosecute in the 1970s. White radicals could also pose a threat to the ideological status quo. It was in this context, and at the same time that the black student leaders of SASO were being tried, that the white student leaders of NUSAS were put on trial for their ideas and acts.1 If there were similarities in the two trials, there were also significant differences. NUSAS presented an altogether different problem from SASO. Where black consciousness was a cohesive oppositional ideology followed both by black organizations and their members, there was no ‘white’ counter-ideology which constituted a threat to the state. Most English¬ speaking university students may have been liberal, but they were not radical, and their humanitarian ideas could hardly be branded as intrinsically revolutionary.
1976: New Dangers, New Responses
Authors: Lobban Michael
Published: November 2023

‘On Wednesday, 16 June 1976, Soweto erupted.’ The day when thousands of Soweto schoolchildren marched to protest against the government’s policy of making Afrikaans a medium of instruction for blacks in secondary schools was a watershed in South African history. It was ‘the day that never ended’, the day signalling the start of mass protest that the white state would never fully control. What began as a protest march against the compulsory use of Afrikaans in secondary schools soon turned into a revolt, after police shot at the children, and killed 13-year-old Hector Pieterson. It was a revolt that would spread from the youth to the workers, and from Soweto to townships all over South Africa. By August, the students were organizing worker stay-aways; by then, the revolt had spread to eighty other black communities. The level of violence against state institutions was unprecedented: on 16 June, two white officials of the West Rand Administration Board were beaten to death, and thereafter government offices, police stations, schools, and beer halls were all systematically burned down. After eighteen months of near insurrection, government authority in the townships had collapsed, and a new genera-ion of radical activists had injected renewed vigour into the struggle against apartheid.
Basic Laws as a Surrogate Bill of Rights: The Case of Israel
Authors: Kretzmer David
Published: November 2023

Israel was for a long time regarded as one of the few countries which, like the United Kingdom, had neither a formal constitution nor a bill of rights. The 1948 Declaration of Independence announced that the new state’s constitution would be drawn up by an elected constituent assembly. After its election, however, the Assembly transformed itself into the Knesset, Israel’s Parliament, and adoption of the constitution was delayed. Under a Knesset resolution of 1950 it was decided that the state’s formal constitution would be drawn up on the basis of a series of basic laws. Pursuant to this resolution, basic laws were enacted, covering virtually all aspects of Israel’s system of government. But until 1992 a basic law on civil liberties or human rights was not included among them.
Making a Will
Authors: Finch Janet , Hayes Lynn , Mason Jennifer , Masson Judith , Wallis Lorraine
Published: November 2023

In this chapter we focus on will-making as a process. We also begin to draw on data from our own sample of 800 wills, comparing them with other studies where relevant. First, we discuss the legal regulation of will-making, not in terms of the content of the will (which we covered in chapter 2) but in terms of the form which a will must take and the process through which it must be drawn up. Second, we consider how far will-making can be considered as a ‘planning’ process from the testator’s perspective. Third, we discuss the social and economic context of will-making, posing the questions: who makes a will, and under what life circumstances are wills made? Finally, we complete our overview of will-making as a process by discussing how estates are administered after a death, and we outline some evidence about testators’ wishes concerning this part of the process.
Trials and Anomie
Authors: Rock Paul
Published: November 2023

l had no early knowledge of the trial and I could not have selected it in advance for study. Like Evans’s case, it was not considered memorable and, indeed, it was not very clitterent from others. It attracted no interest from lawyers or Journalist. The staff of the Court did not single it out for comment. And it was that very ordinariness which made its emotional pitch, pathos, and theatricality the more remarkable. This case study should illustrate a number of matters. It will be my sole opportunity to provide a dense, continuous, and linked description of a single piece of activity in the Court, and it is for that reason that I shall reproduce some extensive passages of talk between counsel and witnesses.
lntercommunal Negotiations 1968-1974
Authors: Necatigil Zaim M
Published: November 2023

In January 1968 Archbishop Makarios issued a statement to the ‘people’ of Cyprus and in this he stated the following: The Cyprus problem had entered a critical stage. The two main factors which had contributed to this development were the failure of the direct Graeco-Turkish dialogue and the withdrawal from Cyprus of the Greek military forces. These two factors had created circumstances and conditions ‘dictating a realistic reappraisal of the handling of the Cyprus problem’. A solution had to be sought ‘within the limits of what was .feasible’, which did not always coincide with the limits of what was desirable.
The Constitution of the Turkish Republic of Northern Cyprus
Authors: Necatigil Zaim M
Published: November 2023

On 15 November 1983 the Turkish Republic of Northern Cyprus was proclaimed by the unanimous vote of the Legislative Assembly of the Turkish Federated State of Cyprus, a democratic representative institution of the Turkish people of Cyprus.1 The proclamation emphasized, inter alia, that the declaration of statehood was a manifestation of the right to self determination of the Turkish Cypriot people of Cyprus. After the failure of the proximity talks and the summit meet ing,3 due to refusal of the Greek side to agree even on a framework for future negotiations on the creation of a federal state, the Turkish Cypriot side intimated that it could no longer shelve plans for a referendum on the constitution of the new Republic and the holding of elections.
The 1992 Administrative Tribunals Law: An Introductory Note
Authors: Landau Moshe
Published: November 2023

In these notes, I propose to focus on matters pertaining to the legal organization of administrative tribunals in Israel and to the rules of procedure and evidence to be applied in such tribunals. I shall do so in light of a recent piece of Israeli legislation, the Administrative Tribunals Law (‘the Law’) which the Knesset passed in February 1992. My subject is closely circumscribed: it does not include matters concerning substantive administrative law, as applied by administrative tribunals (‘tribunals’) in Israel, nor does it include the kindred subject of the internal review of administrative action by recourse to a higher echelon within the administrative hierarchy. These two subjects of administrative law have not as yet been dealt with by legislative enactment, but are still almost entirely within the domain of judge-made law.
The Administrative Procedure Amendment (Decisions and Statement of Reasons) Law: An Introductory Note
Authors: Karp Judith
Published: November 2023

The Administrative Procedure Amendment (Decisions and Statement of Reasons) Law 19581 gives expression to the norms of fairness and propriety in the conduct of the administration.
M.K.Yossi Sarid v.Speaker of the Knesset, Menachem Savidor
Authors: Ben-Porat J , Barak J , Levin D J
Published: November 2023

On Tuesday, 1 December 1981, at 11.40 a.m., the [Labour] Alignment faction submitted a motion of non-confidence in the Government. The Speaker of the Knesset decided that the no-confidence motion would be debated on Wednesday, 2 December 1981, and that the sitting would con­vene at 5.00 p.m. Knesset Member Yossi Sarid petitioned the Court against the scheduling of the sitting in the afternoon hours. He argued that under rule 36(a) of the Knesset Rules, a motion of no-confidence is required to be debated ‘at the next regular sitting’, and that sitting had long since been scheduled for Wednesday at 11.00 a.m. The petitioner con­tended that the delay in convening the sitting was designed to allow sev­eral Knesset Members, who support the Government, to return to the country in time for the vote, and that this consideration, which motivated the Speaker of the Knesset, is not legitimate, since the Speaker thus became ‘an instrument in the hands of the Government’.
Unreasonableness, Balance of Interests and Proportionality
Authors: Zamir Itzhak
Published: November 2023

In recent years, the Supreme Court of Israel has developed three separate grounds for reviewing administrative action: ‘unreasonableness’, ‘balance of interests’, and ‘proportionality’. While balance of interests and proportionality were once considered mere instances or sub-categories of the more inclusive standard of unreasonableness, this approach no longer reflects the law in Israel. Balance of interests and proportionality have developed into separate grounds of review. This article considers the distinct features of each of these three grounds of review.
Uri Ganor, Advocate and others V.The Attorney General
Authors: Shamgar P , Barak J , Levin S J
Published: November 2023

On 12 November 1989, the Attorney General, Mr Yosef Harish, decided that ‘I do not see a public interest in returning and once again imposing on the public the cost and the nuisance and the strain of yet another round in the bank shares affair.’ Thus, it was decided, regarding the accountants, to bring the matter before the Accountants’ Council in order to ensure a full and comprehensive investigation. Is there a legal basis for this decision or should it be invalidated? These are the questions to be decided in the petition before us.
Judicial Review of Administrative Action in the Territories Occupied in 1967
Authors: Benvenisti Ey Al
Published: November 2023

The Supreme Court of Israel, in its capacity as the High Court of Justice, adjudicates complaints of Palestinians concerning the acts of the Israeli authorities in the territories occupied since the June 1967 war. Initially the Court was hesitant, as a matter of law, to extend its jurisdiction over the acts of the military authorities in the territories.
State Obligations
Authors: Craven Matthew C R
Published: November 2023

Article 2(1) could be described as the linchpin of the ICESCR. It describes the duties incumbent upon States parties in the realization of the rights contained in the Covenant, an understanding of which is of critical importance both as to the substance and implementation of the Covenant as a whole. Quite appropriately the Committee has produced a General Comment on the subject of article 2(1) which has formed the basis for the Committee’s approach to the Covenant in general.
The Right to Form and Join Trade Unions
Authors: Craven Matthew C R
Published: November 2023

As is recognized in a number of human rights instruments, the right to join and form trade unions may be seen to derive from the more general right to freedom of association. That it has been given specific legal recognition over and above other forms of association is a reflection of the fact that freedom of association for trade union purposes has become 'a major postulate of democratic government in an industrial society' ,3 Trade unions not only form one of the most common forms of association, but they have also played a historic role in the protection of the rights and interests of workers. Identification of the instrumental value of trade unions in the realization of other economic and social rights (particularly the right to just and favourable conditions of work) is reflected in the value placed upon the rights of trade unions themselves in the Covenant ( articles 8( 1 )(b) and ( c) ), as opposed to the rights of the individual trade union members.
Discrimination and Inequality of Treatment
Authors: Amerasinghe C F
Published: November 2023

As has been seen in the previous chapter, a discretionary power may be reviewed because there has been a détournement de pouvoir. In a sense, when a power is exercised in such a manner that it results in discrimination or inequality of treatment, its exercise may be regarded as involving an abuse of purpose or motive or a détournement de pouvoir. Indeed, it is normally assumed that discrimination and inequality of treatment should be treated as categories of détournement de pouvoir. However this may be, in fact in cases where discrimination or inequality of treatment is alleged rarely is there actual focus on the purposes or objects behind the grant of the discretionary power concerned or, for that matter, on the purpose or motive underlying the exercise of the power. Indeed, in the cases decided by international administrative tribunals, discrimination and inequality of treatment are generally not dealt with as specific examples of abuse of purpose or motive. Rather, they are usually treated as special cases of misuse of authority or abuse of discretion in the broad sense.
Amendment, Acquired Rights, and Essential Conditions
Authors: Amerasinghe C F
Published: November 2023

Although the power of international organizations to legislate as such in respect of their staff whose employment was initially particularly based on contract was not clearly admitted in the early days of the League of Nations, it is now generally conceded that international organizations do have such a power. Not only did the ICJ in the Effect of A wards of Compensation Case describe the General Assembly of the UN as ‘an authority exercising a power to make regulations’ and state that the General Assembly could amend the Staff Regulations and make new ones, but many of the States and organizations which submitted pleadings in the Effect of A wards of Compensation Case were of the opinion that the General Assembly of the UN had a legislative power over the staff of the UN, although this power was a limited one. The ILOAT early in its jurisprudence on several occasions referred to instruments enacted by international organizations as legislative enactments, while the UNA T has implicitly acknowledged the power of such organizations to lay down Staff Regulations.
Remedies in the WBAT
Authors: Amerasinghe C F
Published: November 2023

The Statute of the WBAT deals extensively with the remedies that the tribunal may grant. The provisions of the Statute relating to remedies are similar to those in the UNAT Statute, with a few differences.1 The tribunal has not, as already noted in Chapter 26, given these provisions a rigid interpretation. It has exercised inherent powers vested in it, presumably by general principles of law, to grant remedies in combinations and circumstances other than those referred to in these provisions.