bluuebunny/crossref_metadata_2025 huggingface dataset:
Renewing Civil Liberties
Authors: Gearty Conor
Published: November 2023

This book has a particular perspective on the law and practice of civil liberties. It sees the subject as inextricably bound up with representative government. On this account, civil liberties is another name for the political freedoms that we must have available to us all if it is to be true to say of us that we live in a society that adheres to the principle of representative, or democratic, government. It follows that the subject as developed here is concerned with the right to vote, which as I shall argue presently (and perhaps, at first glance, surprisingly) is the core civil liberty, and also with those other basic freedoms—life, liberty, thought, expression, assembly, and association—that help give full meaning to that right. The prohibition on politically motivated ill-treatment (at its most extreme, torture and other inhuman and degrading treatment) is also within the book’s remit. These are the freedoms which are essential to the proper functioning of our contemporary political community; they are the oil without which our democratic engine would grind to a halt. An alternative way of describing this book, therefore, would be to say that it is about the law and practice of political freedom.
The Visitations to Aberdeen’s Colleges in 1619: Scotland’s Universities and the Nature of Concern about ‘Truth’ and ‘Heresy’
Authors: Lilley Mark
Published: November 2023

The visitations to King’s and Marischal colleges in 1619 offers an instructive case study of the concerns, methods, and outcomes of the authorities’ involvement in university affairs. These concerns are indicative of wider conflicts within Scotland over church polity, theological principles, and moral discipline, all of which were conceived of in terms of truth and deviance. Indeed, so much concern was expressed over the condition of Scotland’s universities in the sixteenth and seventeenth centuries that we must consider them not only as institutions of learning and training, but also as sites of social, cultural, and intellectual mediation and formation. University visitations were among the most direct means devised by the concerned authorities to influence the form and functioning of Scotland’s universities, and to intervene directly in the universities’ role as pursuers and upholders of the ‘truth’. Controlling and shaping the key elements of the university culture was the most reliable way to ensure that a university would remain truthful, useful, and loyal in providing the educational infrastructure necessary to secure the emerging state and the Protestant religion. In the Scottish context, the key elements can be identified from the priorities expressed in the visitation records: a strong material/financial base, an appropriate curriculum, the right sort of personnel, qualified students, and the correct sort of responsibilities. In view of the belief that reforms would bring about far-reaching effects, it is no wonder that they had been eagerly fought over, opposed, and subverted since the First Book of Discipline and Melville’s university reforms.
Matthew’s Gospel: The Way of Righteousness
Authors: Stanton Graham
Published: November 2023

In the early church Matthew’s gospel was used more widely and more extensively than any of the other gospels. The reasons for its popularity are not hard to find. Matthew has ordered his whole gospel most effectively. His prose is rhythmical and often poetic; individual sections contain carefully balanced and readily memorable phrases. Matthew’s gospel is nearly half as long again as Mark and contains many more sayings of Jesus. In the early church the evangelist was widely believed to have been one of the disciples of Jesus. It is probably for this reason that Matthew always heads lists and copies of the four gospels in the early church, even though there are some variations from the order familiar today.
The Kingdom of God
Authors: Stanton Graham
Published: November 2023

Mark, Matthew, and Luke all stress that Jesus the ‘prophet–teacher’ referred to the kingdom of God frequently. The opening verses of Mark’s gospel are terse but dramatic. Mark’s account of John the baptizer, of the baptism of Jesus, and of the temptation of Jesus by Satan pave the way for the first words of Jesus himself: ‘Now after John was arrested, Jesus came to Galilee, proclaiming the good news of God, and saying, “The time is fulfilled, and the kingdom of God has come near; repent and believe in the good news”‘ (Mark 1: 14–15). For Mark the evangelist the central theme of the preaching of Jesus is “the kingdom of God has come near”.
Express Terms
Authors: Atiyah P S , Smith Stephen A
Published: November 2023

Having established the steps necessary to create a contract, it falls next to consider the content of a contract. How do courts establish what it is that contracting parties are contractually obliged to do? Part of the answer to this question is found in the law of offer and acceptance: a contract’s content is established in the first instance by whatever terms the parties promised or agreed to. But while it may be clear that the parties have reached an agreement, it may not be clear which of their various communications are included in that agreement. In addition, the meaning of a contractual term or phrase is also often a matter of dispute.
Implied Terms
Authors: Atiyah P S , Smith Stephen A
Published: November 2023

In the previous chapter we saw that contracting parties may themselves determine their contractual duties with great precision, in which event the function of the court is (in theory) merely to give effect to these self-imposed obligations.
Third Parties
Authors: Atiyah P S , Smith Stephen A
Published: November 2023

Until very recently, it has been a fundamental principle of English law— known as the doctrine of ‘privity of contract’—that only the parties to a contract (the offeror and the offeree) may sue or be sued upon the contract. Indeed, this principle has long been regarded as a distinguishing feature between the law of contract and the law of property. True proprietary rights are ‘binding on the world’ in the lawyer’s traditional phrase. Contractual rights, on the other hand, are (in the traditional law) only binding on, and enforceable by, the immediate parties to the contract.
Remedies for Breach of Contract
Authors: Atiyah P S , Smith Stephen A
Published: November 2023

A of remedies are made available to the victim of breach of contract. In one sense these remedies are remarkable examples of the willingness of the state to lend its assistance to the enforcement of private arrangements: when a contracting party goes to law, and obtains a judgment against his defaulting partner, he obtains the right to the support of all the forces of the state to enforce that judgment. In the last resort, bailifis, sheriff’s officers, the police, and even the armed forces can be called in to enforce that contract—and all this at the behest of a private citizen.
Shareholder Value, Company Law, and Securities Markets Law: A British View
Authors: Davies Paul
Published: November 2023

The argument in this chapter is that the move to shareholder value in the U.K. has been driven, on the legal front, not by changes in the law relating to directors’ duties nor the rules on shareholders’ appointment and removal rights, despite the central role one might expect such rules to play in determining how central management exercises the discretion vested in it.
On the Legitimacy and Democratic Accountability of the European Central Bank: Legal Arrangements and Practical Experiences
Authors: Amtenbrink Fabian
Published: November 2023

Despite the fact that, both with the Treaty of Amsterdam and more recently the Treaty of Nice, an effort was made to address the frequently illustrated ‘democratic deficit’ and the somewhat weak legitimacy of the EU, these complex issues are far from resolved. Indeed, they may also find their roots in an area of Community law that has remained outside the limelight of discussions on institutional reform, that is the provisions on EMU and in particular the European System of Central Banks (ESCB) and the European Central Bank (ECB) introduced by the Treaty on European Union. In fact, a full understanding of the issue in a wider context of all Community bodies also requires a critical review of the legitimacy and democratic accountability of the ECB, which is charged with the independent conduct of monetary policy for the economic area of 12 Member States.
Drafting a Constitution for Europe: A Case of Too Many Borders?
Authors: Boyron Sophie
Published: November 2023

The rapid succession of Treaty negotianons has ignited interest in the adoption of a formal constitution for the European Union. This was reflected in a speech given at the Humboldt University in Berlin on 12 May 2000 by Joschka Fischer, the then German Foreign Minister. Discussion on the merits of adopting a constitution for the Union is often combined with reflection on the appropriateness of the Treaties’ amendment procedure and the need to define more clearly the powers and competences of the Union.
Social Policy in the Post-Nice Era
Authors: Szyszczak Erika
Published: November 2023

The Treaty of Nice gives the impression that, after the momentous changes to social policy in the Maastricht and Amsterdam Treaties, the Member States had run out of ideas and ambition for any further development of social policy in the Community. The only Treaty amendments to social policy are to be found in Article l 3 EC, where a new sub paragraph, Article 13(2), was added, a11owing the Member States to adopt incentive measures; and the addition of a new indent to Article 137 EC, which allows the Community to support and complement the activities of the Member States in the area of the modernization of social protection schemes … ’ Linked to the latter amendment, a new Article 144 EC a11ows for the creation of a Social Protection Committee. These small, ad hoc, unconnected and seemingly innocuous and uncontested Treaty changes have a significance much greater than may be realized.
Introduction
Authors: Kasuya Makoto
Published: November 2023

In November 1997 Hokkaido Takushoku Bank, one of the top twenty Japanese city banks, and Yamaichi Securities, one of the four major Japanese securities firms, both declared bankruptcy. Since then, failures of large commercial banks and life insurance companies have become commonplace in Japan. Many critics blame this phenomenon on the burst of the ‘economic bubble’ of the late 1980s and early 1990s and the intense com- petition resulting from financial deregulation. Deregulation of the financial sector began in the 1970s in the United States and became a worldwide phenomenon with the 1986 ‘Big Bang’ reforms in the United Kingdom.
German Banks and their Business Strategies in the Weimar Republic: New Findings and Preliminary Results
Authors: Wixforth Harald
Published: November 2023

At the end of the First World War it became obvious to the greater part of German society that the world had changed considerably. The German banks and their directors, as well as the private bankers, were faced with this situation, too. During the Kaiserreich the large German universal banks like the Deutsche Bank, the Discontogesellschaft, the Dresdner Bank, and the Darmstädter Bank für Handel und Industrie played a dominant role in financing all the important branches of German industry, as well as the greater part of enterprises that were engaged in foreign trade. The universal banks that had their headquarters in Berlin, in particular, expanded in every region of the Kaiserreich by establishing a large number of branch offices, thus strengthening their influence in almost every section of German industry. Moreover, they founded several specialized financial institutions in other European countries, as well as in Asia and even South America.1
Growth Stocks for Middle-class Investors: Merrill Lynch & Co., 1914–41
Authors: Perkins Edwin J
Published: November 2023

One of the major consequences of the First World War was that New York surpassed London as the world’s leading financial centre. Despite challenges from Tokyo in the late 1980s, New York has retained its dominant position in world capital markets. Today, the combined market value of the corporate shares listed on the New York Stock Exchange and its main competitor, Nasdaq, top the world’s equity markets by a large margin.Here, at the dawn of the twenty-first century, Americans have a higher participation rate in equity markets than the citizens of any other nation. Approximately two-thirds of US households currently own common stock either through direct investment or indirectly through mutual funds. In the last quarter of the twentieth century, the managers of private pension plans, which are typically designed for a broad range of employees from top executives to assembly line workers, have increasingly focused on the acquisition of equities rather than bonds for their portfolios. Over 40 per cent of the net worth of American households is represented by common stocks.
German Academic Theology in America: The Case of Edward Robinson and Philip Schaff*
Authors: Howard Thomas Albert
Published: November 2023

As is well established, the influence of German univers11Ies and research methods in the late nineteenth century played a large role in reforming and modernizing American higher education. Educators at Michigan, Cornell, Johns Hopkins, and elsewhere, like their counterparts in other parts of the world, became convinced of the superiority of the German university system and German critical scholarship (Wissenschaft) and rigorously sought to found and/or refashion their own institutions according to what was often called ‘the German model’ or ‘the Prussian model’. Andrew Dickson White, the first president of Cornell University, called the University of Berlin, which he had visited in the 1850s, ‘my ideal of a university not only realized—but extended and glorified’. Abraham Flexner, the cofounder of Princeton’s Institute for Advanced Studies, once argued that a genuine modern university did not exist in the United States until the founding of Johns Hopkins (1876), modeled self-consciously on the German system.
Post-Soviet Life
Authors: Rausing Sigrid
Published: November 2023

In February 1993 the collective farm ‘V. I. Lenini nimeline kolhoos’, named, like hundreds of farms throughout the Soviet Union, after Lenin, ended. It had been started in 1947, when collectivization, which began in 1994, was enforced throughout Estonia. The original thirty-two villages on the peninsula were turned into twenty-three collectives between 28 January and 30 April 1949. In that year, the largest wave of arrests in Estonian history took place, when, on25–6 March, between 20,000 and 80,000 people were deported from the countryside during a two-day operation (Kionka in Smith 1990: 52 n. 11). On the peninsula, all except the ‘Lenin’ collective farm were founded after the March deportations. On 25 March, sixty people on the peninsula were on the list for deportation, of whom some were let off, and a small number escaped to the forest. Of the remaining forty-six people, five died in Siberia. Twenty-five of the original sixty people on the list were children, seven of them under 10 years old. The death of Stalin in 1953, and the subsequent liberalization under Khrushchev, meant that many of the deported prisoners were released. Some, however, were not allowed to return to their home countries, and most were not allowed to return to their home villages.
The Charged Symbolism of Transition
Authors: Rausing Sigrid
Published: November 2023

The concept of a science of signs is linked to the notion of an underlying, hidden, social, or linguistic logic, which the signs simultaneously function to reveal and to hide. Lévi-Strauss (1963) based his system of structural anthropology on structural linguistics, suggesting that culture was an expression of the mind’s tendency to think in terms of structures, and particularly structural opposites. Subsequent cultural critics argue that a structuralist analysis involves looking behind the obvious; not at facts but at the meaning behind facts, or facts as ‘tokens of something else’ (Barthes 1993: 111). In Barthes’s writings, for example, that ‘something else’ largely consisted of the inherent and systematic social dynamic of bourgeois class society. The signs are organized according to this dynamic, or social order, which is ‘naturalized’ with the help of myths, the constantly changing and invented narratives of the bourgeoisie that function to conceal the economic structures of power within capitalism. The myths of the bourgeoisie, then, with their hidden powers of signification, support the Gramscian hegemony of this particular economic and social order: a social order that is both a function of history and, as a system of power and distinction, constitutive of history (Barthes 1993: 111). In this chapter I will look at the signs of the landscapes of transformation—billboards, advertising, signposts, as well as architectural signs, changes in the landscape, and the new festivals—what they meant to my informants, and what they reveal about the culture that was growing out of the transition.
Agreed Remedies: Comment
Authors: Shelton John
Published: November 2023

Whatever else the English law of contract may be, it is a product for which the world-wide business community are customers. The views and expectations of the customer should be influential, even if they are not conclusive, in any discussion about reform of the law of contract. What would a commercial party expect to be its position and liability if it failed to perform its side of the bargain, or if other foreseen events occurred through no failure on its part? A number of observations may be made in this regard.
The Jurisdiction of the Magistrates’ Court
Authors: Corre Neil , Wolchover David
Published: November 2023

To remand a defendant means that when a case is adjourned to a future date the defendant is ordered to appear at court on that date and in the meantime to be committed to custody or to be admitted to bail. Adjournment and remand are therefore not synonymous.

Where a defendant appears before a magistrates’ court charged with an indictable offence or an offence triable‘either way’, the court may adjourn the matter. The rule under s. 51 of the CDA 1998, whereby an adult (i.e. a person aged 18 or over) who is charged with an offence which may only be tried on indictment must be sent by a magistrates’ court forthwith to the Crown Court for trial (see para. 7.6 below), is subject to the discretion of the magistrates’ court to adjourn such proceedings and to the requirement that upon such an adjournment the defendant must be remanded: CDA 1998, s. 52(5). In the case of an offence which may be tried ‘either way’, the magistrates’ court may adjourn the hearing before beginning to inquire into the offence as examining justices, and if it does so it must remand the accused: MCA 1980, s. 5.
The Arbitration Agreement and the Parties
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

An international commercial arbitration agreement is an agreement between two or more parties in which they agree to refer disputes of a commercial nature, and which have an international element, to arbitration. At one time English common law took the view that an arbitration agreement had to confer mutual rights on the parties in relation to the right to refer a dispute to arbitration.The requirement for mutuality is no longer accepted as a necessary requirement for a valid arbitration agreement and an arbitration agreement may permit either one or both of the parties to refer a dispute to arbitration.2 An arbitration agreement has been defined as a separate contract, procedural in nature3 and ancillary to the main contract which does not create substantive rights between the parties, but provides how disputes which may arise should be resolved.4 It has also been described as an agreement which creates collateral rights to the main contract.
Appointing the Arbitral Tribunal and the Cessation of Its office
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

The parties are free to agree on the number of arbitrators to form the arbitral tribunal and whether there should be a chairman or umpire. There is no limit to the number of arbitrators that may be appointed by the parties. If there is no agreement on the number of arbitrators, the default provisions of the Arbitration Act 1996 provide that arbitral tribunal will consist of a sole arbitrator.2 Where the parties are unable to agree and the default provisions apply, the court has no jurisdiction to appoint more than one arbitrator.
The Legend Of Miaoshan Revised Edition
Authors: Dudbridge Glen
Published: November 2023

In Chinese legend, the princess Miaoshan defied her father by refusing to marry, and pursued her austere religious vocation to the death, but returned to life to be his saviour and the saviour of all mankind. The story is inseparable from the female bodhisattva Guanyin, whose cult dominated religious life at all levels in traditional China and is still powerful in rural China today. Miaoshan herself became a lasting symbol of the tension in women’s lives between individual spiritual fulfilment and the imperatives of family duty. The previous edition of this book was the first full monograph on the subject. It deals with the story’s background, early history, and more developed later versions, bringing much of this material to the attention of modern readers for the first time. It analyses the basic sources, many of them in Buddhist scripture, and the overall pattern of development. It finally offers a range of interpretations which discover here myths of religious celibacy, of filial piety, and of ritual salvation of the dead. The legend of Miaoshan spans the uncertain boundaries between Chinese popular literature, theatre, and religion, and this book directly addresses students of those fields. But it holds a larger significance for those interested in the position of women in traditional society, and students of comparative literature and folklore will find here a version of the ‘King Lear’ story. This new edition takes account of epigraphical evidence, discovered and accessed since the time of first publication, which enriches and refines the discussion. This and other additional evidence, introduced for the sake of a more complete picture, leave the argument and conclusions of the original study still essentially intact.
Textual Traditions Compared: The New Testament and the Apostolic Fathers
Authors: Ehrman Bart D
Published: November 2023

In this paper, rather than investigate the transmission of the New Testament in the Apostolic Fathers—the subject of the Oxford volume we are honouring in this centenary celebration—I would like to explore the transmission of the New Testament and the Apostolic Fathers. That is to say, I would like to engage in a kind of comparative analysis of the textual traditions of both corpora. It might fairly be objected that this is an unfair comparison, since the Apostolic Fathers did not, in fact, constitute a corpus until modern times, starting in 1672, the year J.
The Epistles of Ignatius of Antioch and the Writings that later formed the New Testament
Authors: Foster Paul
Published: November 2023

Discussion concerning the use of the various writings that now comprise the New Testament by Ignatius of Antioch has been overburdened with both theological and historical freight. Theologically, both the advocacy of a monarchical episcopacy and many of the heightened christological claims made by Ignatius have impinged on decisions concerning the date and authenticity of these epistles. Historically, much has been made of Ignatius’ location in Antioch, and apparent links with Paul or the writer of the first gospel. An issue that spans both theological and historical questions is the development of the NT canon, and the use by Ignatius of certain writings that were to become part of that grouping in order to establish some notion of a ‘proto-canon’ among ‘orthodox’ or ‘proto-orthodox’ Christians.
The Epistle of Barnabas and the Writings that later formed the New Testament
Authors: Carleton-Paget James
Published: November 2023

The Epistle of Barnabas can be dated any time between the mid-90s CE and the 130s CE. Its attribution to Barnabas, the companion of Paul, is clearly false, and may in fact have been made after the letter was written in circumstances which are no longer reconstructable (to call it a pseudepigraph might, therefore, be wrong). Its provenance is probably Alexandrian, although certainty on this point is not attainable. Like Clement, Barnabas is much concerned with direct citation of what Christians came to call the Old Testament, but which Barnabas simply refers to as ‘scripture’.1 With a variety of introductory formulae, he cites from a broad swathe of OT books, with varying degrees of accuracy, and usuallyquoting from what appears to be a Greek Vorlage. How extensive his personal knowledge of the OT was is unclear, some attributing much of it to testimony books or school tradition.2 Indeed, beginning with Windisch in 1920, and continuing like a crimson thread through mainly German scholarship on Barnabas, the epistle’s author has been seen as the uncreative tradent of sources. This has affected scholarship on the epistle in a variety of ways, not least attempts to assess its purpose and audience.
Paul’s Inxuence On ‘Clement’ And Ignatius
Authors: Lindemann Andreas
Published: November 2023

The writings of the early Christian authors called ‘Apostolic Fathers’ are different from most of the New Testament texts written during the last decades of the First century and the early decades of the second century: the authors do not hide their identities behind pseudonyms such as ‘Paul’ or ‘Peter’ or ‘James’. Rather, they try to convince their addressees not by using the authority of famous persons of the past but by the strength of their own theological argumentation. But often they refer to biblical and apostolic authorities, especially to the apostle Paul, as support for their arguments.
The Eucharist in the Gospel of John and in the Didache
Authors: Claussen Carsten
Published: November 2023

Unlike the synoptic gospels and Paul’s First Letter to the Corinthians, the Gospel of John does not give a narrative account of the Last Supper of Jesus. However, there seem to be a number of possible allusions to the Eucharist in the Fourth Gospel.
Ignatius and Polycarp: The Transformation of New Testament Traditions in the Context of Mystery Cults
Authors: Brent Allen
Published: November 2023

The letters of Ignatius of Antioch, written putatively by the bishop of Antioch in Syria,1 are a key indicator of the provenance of the Gospel of Matthew from that city. Those letters, however, also, make some references, and some tantalizing allusions,2 to the world of the writer of the Apocalypse, as they do to that of the Fourth Gospel and the Johannine Epistles.3 If they are genuine, then Polycarp’s Philippians is uninterpolated, and refers to Ignatius’ martyr procession as the cause of their collection by the former into a corpus Ignatianum.4
Safeguarding Children’s Welfare
Authors: Douglas Gillian
Published: November 2023

Chapter 3 outlined how the law relating to rights and responsibilities regarding children within the family has moved from a focus on the possessory right of the father over his legitimate children toward an emphasis on the interests of the child as an individual person. It also noted however, that aspects of parental responsibility continue to reflect a conception of the child as being (in) the possession of her parents. This Chapter explores how the law can be used to protect children’s interests, if need be against the competing interests of their parents.

Courts exercising jurisdiction in family matters (see Chapter 1) have a range of orders at their disposal to deal with issues concerning children’s welfare. These orders fall into two main categories. First, there are orders primarily designed to regulate the exercise of aspects of parental responsibility.
The Protection Given To Individuals By Tupe
Authors: Hyams Oliver
Published: November 2023

The contracts of employment of all relevant employees and all relevant powers and liabilities arising under those contracts are transferred by TUPE from the transferor to the transferee. This is the broad effect of regulation 4 of TUPE.Its precise effects are described below, after the following paragraphs, which describe the test for determining which employees’ contracts transfer by virtue of TUPE. The need to consider the latter question first arises from the fact that there may be a TUPE transfer which gives rise to the transfer of no contracts of employment. This is at ﬁrst sight surprising, but there may be an undertaking or part of an undertaking which is transferred from one employer to another, to which undertaking or part of an undertaking no employees are ‘assigned’.
Israel’s Redeemer is the One to Whom and with Whom She Prays
Authors: Ochs Peter
Published: November 2023

Preface

The most important book of Jewish theology is the prayer book, or siddur. And, within the siddur, the most important Jewish theology of redemption is displayed in the daily morning prayer service, or shacharit. Before offering a careful reading of the structure of this service, I would like to share a few thoughts on why I believe both Christian and Jewish theologians would have much to gain from studying the siddur as a source for contemporary Jewish theology.
Relevance of Choice of Law Analysis for Equitable Doctrines
Authors: Yeo Tm
Published: November 2023

The objective of this chapter is to examine whether there are any unique 1.01 characteristics of English equity, or anything unique about the content or character of its principles and rules, that render the concept of choice of law irrelevant whenever a litigant invokes what is regarded in the domes­ tic law of the forum as the equitable jurisdiction of the court of the forum. Section II examines but rejects the proposition that choice of law is irrelevant in equity because choice of law concerns are already dealt with in its jurisdiction rules. Section III considers the question whether there are any characteristics inherent in equitable principles that render choice of law analysis irrelevant, and answers it in the negative. In section IV, the conclusion is reached that it is not true that equitable principles of the law of the forum are immune to choice of law analysis as being necessarily part of the fundamental public policy or mandatory forum rules of the forum, or of a special category of cases within the formative jurisdiction of the forum.
Torts and Wrongs
Authors: Yeo Tm
Published: November 2023

This chapter considers the extent to which issues involving equitable 8.01 wrongs can be analysed under choice of law rules for torts. Equitable wrongs are not easy to define, but for the purpose of this chapter, they are taken to mean broadly liabilities or disabilities imposed historically in the domestic equitable jurisdiction for wrongdoing. In section II, it is sought to show that in principle, to the extent that equitable wrongs serve the same functions as common law or statutory torts, all should be considered within the same choice of law category. Common law and statute law are examined to determine the extent to which this argument is supported.
Employee Start-ups in High-Tech Industries
Authors: Klepper Steven
Published: November 2023

Where do entrants come from? One place is incumbent firms in the same industry. Employees commonly leave their employers to start firms in the same industry, which will be called spin-offs. In some industries, spin-offs are legion. Indeed, in the semiconductor industry so many spin-offs can be traced back to one firm alone, Fairchild Semiconductor, that they have been dubbed Fairchildren. Some observers characterize spin-offs as parasites feeding off the innovative efforts of their parents, aided by ‘vulture ‘ capitalists that help them get started. Ironically, Fairchild ‘s most famous offspring, Intel, has maintained this position, going to great extremes to harrass employees that leave to start their own firms 0ackson, 1998, pp. 211-338).
The Institutional Embeddedness of High-Tech Regions: Relational Foundations of the Boston Biotechnology Community
Authors: Porter Kelley , Whittington Kjersten Bunker , Powell Walter W
Published: November 2023

The biotechnology industry exemplifies many of the key features of science based clusters. Biotechnology firms in both the US and Europe are located in a small number of geographic regions. Within these clusters, there are extensive relations between firms and public research organizations, including universities, government laboratories, and research hospitals. In the United States, the strength and robustness of the three leading biotechnology clusters - the San Francisco Bay Area, the Boston Metropolitan area, and San Diego County stem from the joint contributions of both public and private organizations to scientific and technical advance (Owen-Smith et al., 2002). The combination of dense social networks and geographic co-location has been critical to the genesis of these high-tech regions (Bunker Whittington et al., 2005).
Complementarity and Fit in the Study of Comparative Capitalisms
Authors: Crouch Colin
Published: November 2023

An important component of almost all neo-institutionalist analysis of national systems of economic organization-or any other identified level at which a system can be observed-is the construction of ensembles that link institutions in one area within a given social formation to those in another. However, as some other contributors to this volume demonstrate (in particular Deeg’s Chapter 2 and Morgan’s concluding Chapter 14), the matter is not straightforward. This is so for a reason very familiar to sociologists: human actors will often regard the institutional context within which they find themselves as provisional and as capable of amendment by them. We may follow Morgan’s final chapter in using the term ‘institutional entrepreneurship’ to describe this approach of actors to their contexts.
Developing Transnational Organizational Capabilities in Multinational Companies: Institutional Constraints on Authority Sharing and Careers in Six Types of MNC
Authors: Whitley Richard
Published: November 2023

Recent work on the role of institutional frameworks in structuring firms’ strategies and competences has shown how variations in the organization of capital and labour markets, and institutional arrangements more generally, can affect the sorts of organizational capabilities that leading firms develop, and consequently help to explain differences in patterns of technological change and industrial specialization between market economies (see, for example, Amable 2000; Bassanini and Ernst 2002; Casper 2000; Casper and Whitley 2004). Such collective capabilities constitute key sources of competitive advantage for companies that are difficult to imitate, especially perhaps the more ‘technical’ competences concerned with developing and delivering goods and services (Teece et al. 1994). They take time to build and typically involve relatively ‘low powered’ incentives to encourage employees to work together over some time in generating firm specific knowledge.
Varieties of Vertical Disintegration: The Global Trend Toward Heterogeneous Supply Relations and the Reproduction of Difference in US and German Manufacturing
Authors: Herrigel Gary , Wittke Volker
Published: November 2023

As is well known, there is a global trend toward vertical disintegration in many manufacturing industries. Large manufacturing firms are radically reducing the amount of their product that they both produce and design themselves. Instead they are turning to suppliers for key design, component, and even system inputs. This shift has created a great deal of business for specialized suppliers in a vast array of areas throughout the global manufacturing economy. But it has also created an entirely new and challenging-often quite contradictory-terrain of relations between suppliers and their customers. Our claim in this chapter is that relations between suppliers and customers in manufacturing are becoming systematically more heterogeneous within all advanced industrial societies.
Commodification and Cultural Ownership
Authors: Macmillan Fiona
Published: November 2023

Copyright is not the first so-called private law right governing speech or expression to be touched by the accusation that its operation may, in some respects, constitute a limit on freedom of speech. There is a relatively well-developed jurisprudence in which concepts of freedom of speech have operated in order to limit, for example, the rights to sue for defamation and breach of confidence. Freedom of speech issues have intruded into these areas as the result of a collision between these ‘private rights’ and matters of ‘public interest or concern’. So in US defamation law, for example, the Constitutional protection of free speech has been invoked to limit the ability of ‘public’ figures to sue for defamation, on the basis that free expression on matters of public concern should not be chilled. Similar considerations.
Databases, The Human Rights Act and Eu Law
Authors: Phillips Jeremy
Published: November 2023

There isn’t one. Database right is divided into two rights, a copyright in the creative scheme for the arrangement or selection of data and the sui generisright in collated data. Neither of these rights can be said to have evolved hand, the controlling grip of both copyright law and digital technology on both intermediate and end users has the potential to become much tighter in the digital and networked environment. This is because, when obtaining access to copyright material in digital The arguments take many forms, but have one thing in common-an insistence that the creation and enforcement of strong rights in information stifles, rather than supports.
Sweet and Blessed Country
Authors: Saward John
Published: November 2023

In Sweet and Blessed Country John Saward takes an altarpiece from fifteenth-century Provence as his starting-point for a theological exposition of the Christian hope for Heaven. The altarpiece, Enguerrand Quarton ’s Coronation of the Virgin, was painted for a Carthusian monastery, and so it is monastic theologians, and principally Denys the Carthusian, who guide Saward in his exploration of that‘sweet and blessed country’ in which the angels and saints contemplate the face of God. John Saward’s book breaks new ground not only in content but also in style and method. He discusses a subject, eschatology (the doctrine of the last things), which is generally neglected today, and, though he observes the disciplines of scholarship, he also reaches out to a readership beyond the academy. This theology of Heaven, faithfully rooted in the Catholic tradition, offers enlightenment to every Christian who seeks understanding of his hope, and encouragement to every human being who yearns for ultimate fulfilment.
Routine Adjustment and Bounded Innovation: The Changing Political Economy of Japan
Authors: Vogel Steven K
Published: November 2023

To unravel this puzzle, we must first recognize that market systems are embedded in a complex web of laws, practices, and norms (Polanyi 1944; Fligstein 2001). This implies that the process of liberalizing markets-just as much as the process of constraining markets-involves the transformation of laws, practices, and norms. Scholarship on the varieties of capitalism sometimes employs language that suggests that the Japanese model is more embedded in institutions than the American model. Yet an American-style external labor market is not any less embedded than a Japanese-style internal labor market; and an American equity based financial system is not any less embedded than a Japanese credit-based system. This means that for Japan to shift toward the liberal market model, it would not simply have to dismantle existing institutions but also create new ones.
Moral Philosophy in the Universities of Medieval and Renaissance Europe
Authors: Lines David A
Published: November 2023

From about 1200 to 1700, the philosophy curriculum in Europe (and in the New World, and wherever European powers or missionary initiatives established institutions of higher learning) was based on the works of Aristotle, most of which became once more available in Latin translation during the twelfth and thirteenth centuries. The standard procedure was to study logic, natural and moral philosophy, and metaphysics. These philosophical studies were the core of the Arts curriculum, which commonly also included subjects such as grammar and rhetoric, astronomy and mathematics, and sometimes music or other elements of the quadrivium. It is often noted that this programme provided a common cultural formation for the intellectual elites who passed through it in preparation for their more technical professional studies. Furthermore, the Arts courses served as the foundational reference point for the far more numerous students who attended universities only for a short time and left without obtaining a degree the cost of which could often be prohibitive.
Baroque Drama in Jesuit Schools of Central Europe, 1700–1773
Authors: Shore Paul
Published: November 2023

the traditional narrative of the history of education, the rise of the Society of Jesus as a teaching and missionary order has often been linked with a set of aesthetic values collectively identified as the ‘baroque’. Yet the defining characteristics of the baroque, as an expression of an aesthetic and as a worldview, remain somewhat elusive; the related question concerning the existence of a distinctly ‘Jesuit’ style in the visual arts during the sixteenth through eighteenth centuries remains a matter of debate. Whether the Society of Jesus can be credited with developing its own distinctive visual style, there is no doubt that the Jesuits spread elements of a culture that came to be known as baroque around the globe. One of the most distinctive and significant manifestations of the baroque was the Jesuit school play, an integral part of the academic experience of students enrolled in Jesuit schools, and for untold thousands of viewers, an encounter with an ideology that encompassed religion, literature, and the sciences. In their integration of art, rhetoric, and moral pedagogy, Jesuit school plays were also the most representative contribution of the Society, as it existed before its suppression in 1773. A discussion of the features of Jesuit school plays, therefore, may help us come to a better understanding of the baroque.
Financial Law
Authors: Benjamin Joanna
Published: November 2023

The traditional financial market sectors of insurance, commercial banking, derivatives, capital markets and asset management are converging in practice, but their analysis is still largely sector-based. This book offers a cross-sectoral, functional approach. It highlights anomalies in the different legal treatment of the respective sectors (suggesting law reform to sum, and arbitrage opportunities to others) and identifies key trends. This book offers an integrated approach to financial law which is both useful and timely, as the markets have been converging for over two decades. Functions traditionally performed in one sector are now undertaken in another, and financial techniques are emerging which combine characteristics of different traditional transaction types. Investment banks increasingly offer new structured products in a range of alternative legal “wrappers”. Securitisation, particularly in association with credit derivatives, continues to be a dominant force, drawing ever more categories of business into the capital markets. Innovations such as these have been associated with a high level of legal risk, and the cross-sectoral freedoms offered by deregulation have not been fully exploited. This book presents financial law as a discrete branch of law, to be considered in the round; it will therefore provide the practitioner, scholar or regulator with a complete, unfragmented view of the subject.
The Application Of Competition Law
Authors: Cameron Peter Duncanson
Published: November 2023

The application of competition law in the energy sector has been largely shaped by the sector-specific legislation adopted between 1997 and 2003. Prior to the adoption of the first Electricity and Gas Directives, there were relatively few instances of competition law being actively applied in the energy sector. Once the first Directives were adopted, competition policy had to be adapted to meet the specific challenges presented by the initial phase of a long-term transition to a liberalized market in energy. It became important to identify the precise areas in which competition law could be used to greatest effect in support of this process, and tested in specific cases.
Cross-Border Mergers And Acquisitions
Authors: Cameron Peter Duncanson
Published: November 2023

The internal market legislation has triggered a significant increase in cross-border over the last decade. Between 1998 and 2003 there were about 135 merger and acquisition transactions in the EU electricity and gas sector, of which about one-third was cross-border and two-thirds had a national dimension. This figure has continued to increase since then (see Table 14.1). Indeed, between 2000 and 2005 there was a 75 per cent increase in the number of cross-border mergers in the energy sector which fell within the Commission’s merger control jurisdiction. In the first half of 2006 there were ten alone, three more than in the whole of 2005.
Management Control Systems and the Crafting of Strategy: A Practice-Based View
Authors: Ahrens Thomas , Chapman Christopher S
Published: November 2023

Managing their relationships with customers is a vital capability of organizations. Even though the role of accounting and management control systems (MCS) in this process has long been conceptualized under the label of strategic management accounting (Simmonds 1981, 1982), recent studies found it difficult to trace the influence of this concept on strategic organizational practices (Tomkins and Carr 1996, Guilding et al. 2000; Roslender and Hart 2003). This chapter draws on practice theory as a way of understanding the strategic potential of MCS. It focuses specifically on the day-to-day uses of MCS for the management of customer relationships in head office (HO) and local units.
GIs and Tommies
Authors: Reynolds David
Published: November 2023

Winston Churchill once observed that ‘there is only one thing worse than fighting with allies, and that is fighting without them’.1 The history of warfare is replete with examples of his maxim, from the days of the Athenian League, through the wars of Marlborough and the coalitions against Napoleon. The Anglo-American alliance of 1941–45 provides particularly rich evidence of the difficulty of harmonizing the interests, objectives, and methods of two sovereign states.
Churchill, Stalin, and the ‘Iron Curtain’
Authors: Reynolds David
Published: November 2023

Churchill’s speech at Fulton, Missouri, on 5 March 1946 is perhaps the most celebrated of his long and distinguished oratorical career. The claim that ‘an iron curtain’ had descended across the Continent echoed around the world, becoming one of the most famous and influential soundbites of the Cold War. It also created an enduring image of Churchill as Cold Warrior that has obscured the complexity of his thinking on relations with the Soviet Union.
Power and Superpower
Authors: Reynolds David
Published: November 2023

The emergence of the United States as a ‘superpower’ was a phenomenon of the mid-twentieth century, yet it had been predicted long before. Perhaps the most distinguished prophet was Alexis de Tocqueville in 1835, who concluded the first volume of Democracy in America with the forecast that one day the United States and Russia would each ‘hold in its hands the destinies of half the world’. But many others spoke in the same vein. In 1866, for instance, de Tocqueville’s compatriot, the economist Michel Chevalier, urged Europe to unify in the face of the ‘political colossus that has been created on the other side of the Atlantic’ and foresaw future armed conflict between the two continents.