bluuebunny/crossref_metadata_2025 huggingface dataset:
United Kingdom
Authors: Fitzpatrick D , Anderson M
Published: November 2023

Despite the reduction in the number of vessels registered in the UK, and the diminution in its role as a crew supply country over the last 20 years, the UK nevertheless remains a dominant legal and commercial centre for world shipping. The UK’s position as a flag State, along with other European countries, reduced 16.02 as operators elected to flag out to open registers under flags of convenience. As a result (and due to the availability of seafarers at lower cost from developing countries), the role of the UK as a crew supply country has suffered.1 That said, the regulatory framework, incorporating many international conventions and standards to protect seafarers on UK flag vessels in terms of health and safety and the protection of certain employment rights, remains comprehensive. The UK government, with the introduction of Tonnage Tax in 2000,2 is attempting to attract operators back to the UK flag.3
Reform
Authors: Fitzpatrick D , Anderson M
Published: November 2023

As has been shown in previous chapters of this book, the legal posmon of the seafarer is generally uncertain and often vulnerable. To realize his rights, the international seafarer often has to rely on a patchwork of overlapping and sometimes conflicting legal rules, complex technical enforcement procedures which often operate across national boundaries, and combinations of contracts involving several different parties. All too frequently, the well-intentioned pro- visions in ILO Conventions and other international instruments, designed to provide the framework for fair and humane treatment for all seafarers, are of no practical help to the seafarer who is seeking to recover unpaid wages, or who is in need of vital medical care. Many of the legal rules that directly or indirectly affect the seafarer in his relations with the employer are not labour laws as such, but rather provisions of maritime codes and regulations, national laws on companies or insolvency, or the law relating to the arrest of ships.
Audiences, Borders, Architecture: the Contours of Control
Authors: Armstrong Sarah , McAra Lesley
Published: November 2023

This book has three inter-related aims: to take stock of current thinking on punishment, regulation, and control in the early years of a new century and in the wake of a number of critical junctures (including 9/11), which have transformed the social, political, and cultural environment within which regimes of punishment are situated; to present a selection of the diverse epistemological and methodological frameworks which inform current research on punishment; and, finally, to set out some fruitful directions for the future study of punishment.
Lex Vigilatoria—Towards a Control System without a State?
Authors: Mathiesen Thomas
Published: November 2023

During the last thirty years or so, we have seeen a massive and accelerating development of various types of transnational information systems pertaining to law enforcement agencies throughout the world. The information systems actually take the form of control or surveillance systems (control and surveillance here taken as synonyms, leaving the question of compliance open). Economic and political change lies at the base of the development, new technology has made it possible.
Sentencing as a Social Practice
Authors: Hutton Neil
Published: November 2023

Sentencing is not an area which has received much scholarly attention from sociologists. Most of the scholarly literature has been produced by philosophers who have pursued the normative questions about how to justify punishment in a liberal society (Duff 2000, Von Hirsch 1993) or by legal scholars writing about the legal regulation of sentencing (Ashworth 2000b). In the growing literature on the sociology of punishment there are only occasional references to sentencing (Garland 2001). There is a vast, mostly US, literature on sentencing as public policy (Tonry 1996). However, with a few exceptions, there has been little inquiry into the social character of sentencing.
Arbitration
Authors: Davis Michael , Akenhead Qc Robert
Published: November 2023

Even prior to the Arbitration Act 1996 (referred to in this chapter as ‘the AA’), the Official Referees ‘ Court used to deal with all aspects of the court’s supervisory role of arbitration ranging principally from cases stated (later appeals) relating to arbitration awards to misconduct (later serious irregularity) of arbitrators and excess of jurisdiction cases. Even after the 1996 Act, the TCC has to retain some knowledge of the previous law and practice, although increasingly less so because the Act, which came into force on 31 January 1997, provides that the old law still applies to arbitral proceedings commenced before that date. Indeed, CPR 62.11 to 62.15 and other rules contain specific procedures for applications under the Arbitration Acts of 1950, 1975, and 1979 and indeed various other statutes listed in Schs 3 and 4 of the 1996 Act. This book will not address the old procedures, which by operation of CPR 62.12 will largely take place in the Commercial Court. The TCC Guide addresses arbitration-related procedures at section 10.
The Proceedings
Authors: Davis Michael , Akenhead Qc Robert
Published: November 2023

A claim may be heard in the TCC as a result either of the initiation of proceedings in that court or the transfer to the TCC of a claim commenced elsewhere.

Proceedings may be transferred to and from any Division of the High Court or specialist list and the TCC under the provisions of CPR 30.5. It is not uncommon for transfers to be made: around 20 per cent of cases in the TCC were transferred there in 2004. Transfer between the Commercial Court and TCC or between the TCC and the mercantile courts outside London are particularly common.

An application for transfer should be made under CPR 23. While the TCC Guide notes that many of these applications are uncontested, and may conveniently be dealt with on paper, where the application is contested, it will be the subject of an oral hearing.
Trade Mark Use And Denominative Trade Marks
Authors: Sterpi Massimo
Published: November 2023

Post-industrial market economies are increasingly conscious of what we can 8.01 call ‘identity products’, ie products that, apart having a functional purpose (such as shoes, which protect feet), permit their owner to show and bear witness as to his taste and to the fact that he belongs to a given social group The author would like to acknowledge the valuable contribution of Dr Daniele Beneventi to the background research and editing of this chapter.
Infringing Use Of A Trade Mark As A Criminal Offence
Authors: Rahmatian Andreas
Published: November 2023

Intellectual property lawyers are normally far more interested in the civil 12.01 law of trade marks rather than in the criminal offence provisions of the Trade Marks Act 19941 and tend to consider trade mark use in the civil infringement context only. The criminal liability which may result from the infringement of a registered trade mark is usually only briefly discussed.2 However, the increase of prosecutions for criminal infringement of registered trade marks, the possibility of a maximum sentence of ten years’ Trade Marks Act 1994 c.26. In the following, section numbers refer to the Trade Marks Act 1994 if not stated otherwise.
Towards A Concept of Foreign Relations Law
Authors: Butler William E
Published: November 2023

‘Foreign relations law’ has received its greatest doctrinal elaboration in the United States, where it has been the subject of a major Restatement, now in its third edition, pioneering treatises, law school casebooks and nutshells. There is no uniform view as to what ‘foreign relations law’ encompasses. The Restatement subdivides the subject-matter into two categories. The first is ‘international law as it applies to the United States’. This category is largely outside the purview of the present work with respect to Russia except insofar as Russian constitutional and other legislation expressly mentions or draws upon public international law within the Russian legal system.
Foreign Juridical Persons and Entities In Russia
Authors: Butler William E
Published: November 2023

Foreign juridical persons and entities enjoy the principle of ‘national regime’ in the Russian Federation, just as natural persons, in three senses. First, they are equated in rights and duties to Russian juridical persons, except insofar as Russian legislation and international treaties of the Russian Federation provide otherwise. Second, insofar as foreign juridical and natural persons may create Russian juridical persons and entities on the territory of the Russian Federation, by virtue of foreign ownership or creation, these Russian juridical persons may be subject to a special legal regime. And third, by virtue of a decision of the Constitutional Court of the Russian Federation, juridical persons in Russia have, as appropriate to their status, constitutional rights similar to those of natural persons, including foreign citizens and stateless persons.
Foreign Personnel Enjoying Special Legal Status
Authors: Butler William E
Published: November 2023

Although it is common in doctrinal writings to refer to ‘diplomatic and consular’ law in its collective meaning, they are actually distinct. In Russian legal doctrine, diplomatic law refers to the aggregate of norms regulating the legal status and activity of diplomatic missions or representations of States and international organizations, whereas consular law is the aggregate of norms regulating consular relations, including the status and functions of consuls. The rupture of diplomatic relations between States does not necessarily mean an automatic rupture of consular relations, although the establishment of diplomatic relations will normally presume consent in principle to opening consular relations.
IP Licensing Under The New Paradigm
Authors: Anderman Steven D , Kallaugher John
Published: November 2023

This chapter explains how the new Article 81 paradigm applies to agreements that involve intellectual property. Following the structure described in Chapters 3 and 4, the discussion below outlines how each of the elements in the Article 81 analysis applies to intellectual property transfer. This outline will then be ‘fleshed out’ in the chapters that follow by reference to specific types of ‘restriction’ and in the context of different commercial relationships.
Market Definition
Authors: Anderman Steven D , Kallaugher John
Published: November 2023

The focus of the EU’s modernised enforcement regime on the identification and control of market power makes careful definition of the relevant markets the essential first step in a competition law assessment. Where intellectual property rights are involved, this analysis often appears difficult due to the need to consider markets at different levels of the production chain and the technical complexity of both the products involved and the underlying technology.
‘Vertical’ Agreements for Technology Transfer Between ‘Non-Competitors’
Authors: Anderman Steven D , Kallaugher John
Published: November 2023

In the preceding chapters we have shown that the potential competitive harm of an agreement depends primarily on the competitive relationship between the parties and the nature of the agreement.In making this assessment, analysis under the new paradigm classifies agreements in two ways. First, there is a distinction between agreements between ‘competitors’ and other agreements. Secondly, there is a distinction between vertical agreements and other agreements.
Licensing Between Competitors
Authors: Anderman Steven D , Kallaugher John
Published: November 2023

When firms that are already competitors enter into agreements to license intellectual property, the potential for anticompetitive harm increases enormously. Where competitors wish to create a genuine cartel, intellectual property licensing can provide an effective tool for organising cooperation, coercing participation and policing compliance. It is not surprising that the great cartels prior to the Second World War were organised in part on the basis of networks of intellectual property licences.
Cooperative Development and Exploitation of Technology—Standard-Setting, Technology Pools and Joint Research and Development
Authors: Anderman Steven D , Kallaugher John
Published: November 2023

In this chapter we address certain issues that arise where firms that may be 9.01 competitors or potential competitors in technology markets or downstream products collaborate in the development and licensing of technology. There is some overlap between this discussion and the topics discussed in Chapter 8, since licensing between competitors involves cooperative elements, particularly where licensing is reciprocal. Technology-pooling involves an important form of licensing activity.
Knowledge and the Speed of the Transfer and Imitation of Organizational Capabilities: An Empirical Test
Authors: Zander Udo
Published: November 2023

That innovation is the central feature of competition in capitalist economies is a widely held view. It is especially emphasized in the work of Schumpeter (1942) and the evolutionary theory of the firm of Nelson and Winter (1982). Due to the force of competition and changes in consumers’ wants, the firm’s long-run survival and growth depend on its ability to develop new products and new methods of organization. Yet, what is frequently underemphasized is that the expansion of an innovation rests upon the capacity to replicate the capability of the production and sales of the new service or product. This replication can occur by the voluntary transfer of this capability within the firm or to other firms (e.g. by a license), or by the unwanted imitative efforts of competitors. Transfer and imitation of the organizational capabilities are the twin elements of competition in innovative and growing markets.
Joint Ventures and the Option to Expand and Acquire
Authors: Kogut Bruce
Published: November 2023

A fundamental problem facing the firm is the decision to invest and expand into new product markets characterized by uncertain demand. The problem is exacerbated when the new business is not related to current activities. In this sense, a firm’s initial investments in new markets can be considered as buying the right to expand in the future. In current parlance, the right to expand is an example of a ‘real option,’ real because it is an investment in operating as opposed to financial capital, and an option because it need never be exercised. For many investments, such as the purchase of new capital equipment to reduce costs in aging plants, the option value is insignificant.
Open-Source Software Development and Distributed Innovation
Authors: Metiu Anca
Published: November 2023

The central economic question posed by the Internet is how commercial investments can appropriate value from a public good called information. Information can be transported and replicated at essentially zero marginal cost and its use by one party does not preclude use by another. Since information is digitally encoded, its provision is the service that is facilitated by the Internet. Internet companies seek to collect fees and payment on information services. The difficulty in finding mechanisms to extract payments on the provision of a public good explains, to a large extent, the high death rate among Internet ventures.
The Network as Knowledge: Generative Rules and the Emergence of Structure
Authors: Kogut Bruce
Published: November 2023

The imputation problem is how to account for the sources of the value of the firm. I propose that part of the value of the firm derives from its participation in a network that emerges from the operation of generative rules that instruct the decision to cooperate. Whereas the value of firm-level capabilities is coincidental with the firm as the unit of accrual, ownership claims to the value of coordination in a network pit firms potentially in opposition with one another. We analyze the work on network structure to suggest two types of mechanisms by which rents are distributed.
Noun, adjective and verb types
Authors: Dixon R M W
Published: November 2023

The lexical words of a language can be grouped into a number of semantic types, each of which has a common meaning component and a typical set of grammatical properties. One of the grammatical properties of a type is its association with a grammatical Word Class, or Part of Speech. (See §1.2.)

Chapters 4–6 contain brief sketches of the semantic and syntactic characters of those semantic types which are in English associated with the Verb class. Following chapters discuss the occurrence restrictions on specific syntactic constructions, providing explanations for these that link the meanings of the constructions with the meanings of semantic types. In this chapter, I provide a brief summary of the semantic types associated with the Noun and Adjective classes in English and introduce the division into Primary and Secondary verb types.
I know that it seems that he’ll make me want to describe her starting to say that she knows that it seems that . . . Complement clauses
Authors: Dixon R M W
Published: November 2023

There are, as outlined in §2.7, seven kinds of complement clause, which can fill the object or subject (or, sometimes, a post-object) slot in a main clause. All Secondary and Primary-B verbs take complement clauses—but each one allows only some of the full range of complement clause possibilities. Which complement clauses a given verb may accept is determined by the meaning of the verb and the meanings of the complement clause constructions.

In §8.2 we outline the meanings of the different kinds of complement clause. §§8.3–4 then deal with Secondary and Primary-B types, one at a time, looking at the overall meaning of each type and the specific meanings of individual verbs within the type, thus providing a semantic explanation for the complement clauses that occur. §8.1 deals briefly with ‘parentheticals’, which are related to that complement constructions.
What sells slowly, but wears well? Promotion to subject
Authors: Dixon R M W
Published: November 2023

We have said, several times, that the semantic role which is most likely to be relevant for the success of an activity is placed in syntactic subject relation; this is Mary in Mary sells sports cars, Mary cut the veal with the new knife, Mary poured the custard (onto the pie) with the new jug. If an adverb like quickly, easily, properly or well is added to these sentences it will be taken to describe the way in which the subject performed the activity—Mary certainly sells sports cars quickly, Mary cut the veal easily with the new knife, Mary didn’t pour the custard properly (onto the pie) with the new jug (but spilt some on the cloth).
Belize
Authors: Bernd Hillebrands , Katrin Falk
Published: November 2023

Belize’s modem history begins with the country’s occupation by the British, when it was called British Honduras. The country did not become an independent parliamentary monarchy in the British Commonwealth until 21 September 1981, despite the fact that the 1964 Constitution had already established autonomy over the management of its internal affairs (internal self-government). This relatively long process of gaining independence can be explained, in part, by Guatemala’s intention to annex the territory, even hinting at the possibility of an invasion. Great Britain maintained an armed presence in the country even after Guatemala had recognized Belize’s independence in 1986. As early as 1982, Belize reached an agreement with the USA on military aid.
Peru
Authors: Soldevilla Fernando Tuesta
Published: November 2023

Peru has been independent for more than 150 years and its history du­ ring this period largely resembles that of the other Latin American countries, in that the country’s civilian governments have been constantly disrupted by coups d’etat that have brought several dictators to power.
Getting Started
Authors: Crowley Terry
Published: November 2023

In its simplest terms, linguistic fieldwork involves a language, somebody who speaks the language, and you, the fieldworker. Some linguists are drawn to fieldwork, and I am one of those. Right from when I started my undergraduate programme in linguistics, I was fascinated by stories of linguistic discoveries involving previously undocumented languages.
Salvage Fieldwork
Authors: Crowley Terry
Published: November 2023

The term ‘salvage’ fieldwork refers to the study of languages that are moribund, i.e. the language is being documented because it is realized that it is rapidly disappearing. This kind of fieldwork often involves particular problems that go beyond any of the topics that I have discussed already in this volume.
Post-War International Developments
Authors: Adeney Elizabeth
Published: November 2023

In the decade following World War II the clearest progress in the protection of moral rights was in the international field. France had still not legislated for the rights and would not do so till 1957. Germany was not to legislate comprehensively until 1965. And the copyright countries, including Canada, were at this stage virtually ignoring the rights.

In the international arena, however, moral rights protection was actively canvassed. The development of the rights followed three courses. First, they continued to be developed within the Berne Convention and in other authors’ rights and related conventions.
Canada: The Rights and Their Application
Authors: Adeney Elizabeth
Published: November 2023

This chapter is concerned primarily with the configuration of the current provisions and their explication by the courts. Nevertheless today’s legislation contains vestiges of earlier provisions, and the courts are still guided by decisions based on earlier formulations of the rights, particularly s 12(7), which was first introduced in 1931. These earlier formulations and the cases interpreting them will therefore be discussed. The penal provisions that overlap with moral rights protection, present in Canadian law since early in the 20th century, will be considered at the end of the chapter among the alternative means by which authors’ interests may be safeguarded.
The United States: The Rights and Their Application
Authors: Adeney Elizabeth
Published: November 2023

This chapter will address two sources of law: (1) the federal Visual Artists Rights Act (VARA) and (2) selected state statutes that deal with what might be called the moral rights of artists. It will also briefly address some of the alternative actions that plaintiffs in the United States may use when their ‘moral’ interests are at stake.
International Moral Rights Litigation
Authors: Adeney Elizabeth
Published: November 2023

International moral rights litigation is not common, and possibly never will be, though the international advent of moral rights for performers means that the rights are becoming increasingly available to a few high-income and litigious parties. Sometimes moral rights litigation is mounted for covert (or overt) economic reasons. At other times it is mounted, perhaps by the author’s or performer’s heirs, because of outrage at the fate a work or performance has met in a foreign country.
A Structuralist-Evolutionary Decomposition
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

In Chapter 2, we contrasted the neoclassical and S-E world views. Here we continue on the same theme with a more detailed focus on the standard neoclassical growth model and our S-E approach. Any study of technological change and its relation to economic growth requires a theoretical framework. Ours, which is presented here, incorporates many elements of the S-E approach and provides an organizing device to guide our study of historical cases of GPTs in Chapters 5 and 6. Its categories help to open our minds to possibilites that are left behind the scenes in all growth models based on aggregate production functions.
Population Dynamics: Relation Between Extensive and Intensive Growth
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

Up to this point, we have been mainly concerned with extensive growth. In Chapters 9 and 10 and their appendices, we direct our attention to intensive growth—growth measured in per capita figures rather than in totals. Chapter 9 deals with the relation between the two types of growth in somewhat general terms but concentrating on the period from the dissolution of the Western Roman Empire to the First Industrial Revolution, from about ad 500 to 1750.
The Emergence of Sustained Intensive Growth in the West
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

In Chapter 9, we observed that the West underwent two distinct transitions in growth performance: first, the emergence of sustained extensive growth some time in the late eighteenth or early nineteenth century; and second, the emergence of sustained intensive growth later in the same century. We have argued in Chapters 7 and 8 that the West’s transition to sustained extensive growth was a contingent historical event that, for very good reasons, took place first in Britain. We have further argued that it could not have happened elsewhere in Europe within, say, half a century or more, since the requisite scientific knowledge and technological expertise in mechanics that was needed took some time to be diffused from Britain.
Formal Models of GPT-Driven Sustained Growth: The Baseline Model 1
Authors: Lipsey Richard G , Carlaw Kenneth I , Bekar Clifford T
Published: November 2023

We now move to our final stage of abstraction by developing a formal model of GPT- driven growth. In this chapter, we present what we call our baseline model and some results that follow from it. This is mainly a tool-forging chapter. In Chapter 15, we elaborate the model to incorporate progressively more characteristics that our S-E theory suggests are important. 2 Along the way, we are able to obtain some interesting results, including some surprising comparisons between rational and adaptive expectations, and a demonstration of how inadequate total factor productivity is as a measure of technological change.
On Zero Agreement and Polysynthesis
Authors: Baker Mark C
Published: November 2023

This chapter was made possible thanks to a trip to Argentina in October 2000, to visit the Universidad de Comahue in General Roca, Argentina. This gave me a chance to supplement my knowledge of Mapudungun from secondary sources (Augusta 1903; Smeets 1989; Salas 1992) by consulting Argentine experts on this language (Pascual Masullo, Luc´ıa Golluscio, and Roberto Aranovich), and by inter- viewing their Mapuche consultants, as well as members of the Mapuche community whom we met in Junı´n de los Andes, Argentina.
Mastering the Law of Requisite Variety with Differentiated Networks
Authors: Galbraith Jay R
Published: November 2023

The key organizational aspect of collaborative community ‘ as described in this volume by Adler and Heckscher (Chapter 1) and Sabel (Chapter 2) consists in formalized processes of interaction and learning, moving beyond the informal networks common in traditional firms. While this broad-brush description captures a core aspect of dynamic change under way in many large companies, it lacks an explanation of the full range of combinations that companies adopt in varying circumstances. Informal relationships and hierarchical line organizations have not disappeared as formalized processes have risen; rather, they have become integrated with a wider assortment of relational patterns that can be drawn on according to need in order to deliver a variety of resources.
Collaborative Community and Employee Representation
Authors: Rubinstein Saul A
Published: November 2023

A collaborative community must provide voice and influence to all its members. Unions are the primary mechanism available today for assuring-institutionalizing-such voice and influence in business organizations. However, in many unionized organizations, management and labor are locked in adversarial rather than cooperative relations. This chapter discusses the much smaller number of organizations in which management and labor have committed to partnership in the pursuit of their common goals.
Structural Explanation
Authors: Parsons Craig
Published: November 2023

‘Structure’ is arguably the core concept of the social sciences, especially when vaguely defined. In its broadest usage, scholars invoke the ‘structure-agency debate’, which concerns how much people are free ‘agents’ who choose their fates and how much their choices are dictated by larger forces (Giddens 1979; Wendt 1987; Dessler 1989). At this level ‘structure’ refers quite literally to all the things we use to explain particular actions.
Institutional Explanation
Authors: Parsons Craig
Published: November 2023

Almost as many political scientists claim the title institutionalist as the word structure. In common social science parlance, an institution is any enduring pattern of behavior among a group of people. Sometimes these patterns take on formal organizational shape, manifesting themselves in buildings, resources, and groups of people who act collectively according to certain rules. In this vein we commonly refer to states, militaries, universities, or other formal organizations as institutions. Sometimes the patterns do not produce formal organizations, such that their only manifestation beyond the behavior is in rules.
The Intelligence Services Act 1994 And Security Service Act 1989
Authors: Williams Dr Victoria
Published: November 2023

Only the UK national bodies are referred to here because they fall within the RIPA scheme, and the 1989 and 1994 Acts. For links to the European Parliament’s report on the international aspects of mass telecommunications interception by the ‘ECHELON’ programme operated under a signals intelligence agreement (the reputed ‘UKUSA’ agreement of 1948), the reader is referred to Appendix 1 which contains useful sources of information.
The Commissioners: RIPA, PART IV, ss 57–64
Authors: Williams Dr Victoria
Published: November 2023

The Interception of Communications Commissioner is charged with keeping under review—and reporting upon—the exercise and performance: by the Secretary of State of his powers and duties under Chapter I of Part I, ie the interception of communications and related warrantry provisions of the Act; by the Scottish ministers (by virtue of s 63 of the Scotland Act 1998) of their powers under ss 5, 9 and 10;the adequacy of the arrangements by virtue of which the duties of the Secretary ofState are sought to be discharged in relation to disclosed keys to access encrypted data, under s 55 in Part III of RIPA (not in force at time of writing).
Sections Governing The Codes Of Practice: RIPA, Part IV, ss 71–72
Authors: Williams Dr Victoria
Published: November 2023

The following Codes of Practice appear elsewhere in this work and the reader is referred to the relevant chapters listed below as well as to the substantive chapters relating to the relevant subject areas.The Surveillance Code of Practice 2002 (SI 2002 No 1933)—Chapter 15;The Covert Human Intelligence Sources Code of Practice 2002 (SI 2002 No 1932)—Chapter 16;Voluntary Retention of Communications Data Code of Practice under Part II: Anti-Terrorism, Crime and Security Act 2001 (SI 2003 No 3175)—Chapter 17;Acquisition and Disclosure of Communications Revised Code of Practice (Pre-Consultation draft Code of Practice 2005)—Chapter 19.
The Rules Of The Investigatory Powers Tribunal
Authors: Williams Dr Victoria
Published: November 2023

The Secretary of State is given the power to make rules under s 69 of RIPA. Sections 69(9) and 69(10) provide that the rules made on the ﬁrst occasion on which the power was exercised did not need to be approved by Parliament, but had to be approved after being made in accordance with subs (10). SI 2000 No 2665 was the ﬁrst exercise of that rule-making power and so the exemption from initial approval applied (the rules were approved by Parliament on the day after they were made).
Tribunal Forms
Authors: Williams Dr Victoria
Published: November 2023

Use this form if your claim is that your human rights in terms of the Human Rights Act 1998 have been infringed:(a) by one or more of the Intelligence Services or any person acting on their behalf in any circumstances, or(b) by any of: Her Majesty’s Armed Forces, any police force, the National Criminal Intelligence Service, the National Crime Squad, or the Commissioners of Customs and Excise in circumstances which involved (or which currently involve):
Forms for use by public authorities under RIPA, Part II
Authors: Williams Dr Victoria
Published: November 2023

ln the interests of national security; For Irepurpose of preventing or detecting crime or of preventing disorder; In the interests of the economic well-being of the United Kingdom;
RIPA, PART IV Case Law
Authors: Williams Dr Victoria
Published: November 2023

The claimant was the subject of a civil proceedings order under s 42 of the Supreme Court Act 1981. The effect was that he needed leave, from the High Court, to institute any civil proceedings ‘in a court’. He desired to apply to the Investigatory Powers Tribunal under RIPA, s 65(2)(a) and (3)(a) alleging breaches of his rights by the security service when dealing with his application under ss 7(1) and 82 of the Data Protection Act 1998.
The Human Rights Act 1998 (s 6 AND ECHR, ARTS 6 AND 8)
Authors: Williams Dr Victoria
Published: November 2023

6.—(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.Subsection (1) does not apply to an act if— as the result of one or more provisions of primary legislation, the authority could not have acted differently; orin the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions.
Statutory Instruments (2002)
Authors: Williams Dr Victoria
Published: November 2023

in pursuance of section 71 of the Regulation of Investigatory Powers Act 2000 (hereinafter referred to as “the 2000 Act”) the Secretary of State is under a duty to prepare codes of practice containing provisions relating to the exercise and performance of the powers and duties mentioned in subsection (2) of that section;in pursuance of section 71(3) of the 2000 Act the Secretary of State published the code prepared by him under section 71 of the 2000 Act relating to the interception of communications under Chapter I of Part I of the 2000 Act in the form of a draft and has considered representations made to him about the draft and modiﬁed the draft accordingly;The Order may be cited as the Regulation of Investigatory Powers (Interception of Communications: Code of Practice) Order 2002 and shall come into force on 1st July 2002.
Statutory Instruments (2003)
Authors: Williams Dr Victoria
Published: November 2023

Whereas a draft of this Order has been approved by a resolution of each House of Parliament;Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 30(1), (3), (5) and (6) and 78(5) of the Regulation of Investigatory Powers Act 2000, hereby makes the following Order:In this Order “the 2000 Act” means the Regulation of Investigatory Powers Act 2000.
Statutory Instruments (2004)
Authors: Williams Dr Victoria
Published: November 2023

The Secretary of State, in exercise of the powers conferred on him by section 4(1)(d) of the Regulation of Investigatory Powers Act 2000, hereby makes the following Regulations:These Regulations may be cited as the Regulation of Investigatory Powers (Conditions for the Lawful Interception of Persons outside the United Kingdom) Regulations 2004.
Statutory Instruments (2005)
Authors: Williams Dr Victoria
Published: November 2023

The Secretary of State, in exercise of the powers conferred upon him by paragraph (g) of the deﬁnition of “relevant public authority” in section 25(1) of the Regulation of Investigatory Powers Act 2000 and by sections 25(2), (3) and (4) and 78(5) of that Act, hereby makes the following Order (a draft of which has been approved by resolution of each House of Parliament):Subject to paragraph (3), this Order shall come into force one month after the day on which it is made.
Specifying The Purchaser’s Requirements
Authors: Trepte Peter
Published: November 2023

The purchaser’s requirements will first and foremost be based on a definition of what it is the purchaser wishes to buy. In the case of products, that will involve a description of the characteristics of the product to be purchased as well as quantity, quality, durability and safety issues. In the case of services, the requirements are generally concerned with defining the expected results and, as well as in the case of works services which may be deﬁned by reference to the ‘work’ to be completed, will need to deﬁne the tasks to be achieved and the methods of achieving them. The requirements will often refer to speciﬁc mandatory standards which need to be met.
Selecting Economic Operators
Authors: Trepte Peter
Published: November 2023

The new Directives use the term ‘economic operator’ to designate the three broad categories of supplier distinguished by reference to the contracts for which they tender: ‘contractors’ in the case of works contracts; ‘suppliers’ in the case of supply contracts and ‘service providers’ in the case of contracts for services. Except where an explicit reference is made in the text to a particular category, the term ‘supplier’ or ‘tenderer’ will be used throughout to describe all three categories, for ease of reference. There are few requirements in the Directives, other than those regarding their suitability, relating to suppliers.
Implementation and Enforcement
Authors: Trepte Peter
Published: November 2023

As discussed further in the introduction, it is not the EC Treaty which provides the essential framework for the regulation of procurement in the EC but rather a series of procedural Directives which began in earnest with the adoption of two Directives on works and supplies in the 1970s which have been constantly updated and supplemented, culminating in the two new Directives adopted in 2004 which form the essential subject-matter of this book.
Introduction
Authors: Coffee John C
Published: November 2023

Academics tend to plough and re-plough the same furrow over and over. Nowhere is this truer than in the case of the scholars of corporate governance, who have studied the board of directors and shareholders endlessly. Useful and necessary as this research is, it leaves a blind spot. It ignores the professional agents of the board and the shareholders, who inform and advise them: auditors, attorneys, securities analysts, credit-rating agencies and investment bankers.
What Should Work? (and How to Get There)
Authors: Coffee John C
Published: November 2023

The preceding chapter has concluded that gatekeepers will not always seek to protect their reputational capital. Circumstances can arise in which it is rational to risk that capital. Particularly in concentrated markets, the rational gatekeeper may recognize that it does not need an unblemished record, but only one not significantly worse than its rivals. Indeed, if its rivals have tarnished records, while it instead resembles Snow White, it arguably has made an excessive investment in reputational capital on which it will realize little return.
Conclusions: The Future of Gatekeeping
Authors: Coffee John C
Published: November 2023

Law and accounting are very different professions. But the history of each over the last century suggests that professions behave similarly. In common, they protect their autonomy; they resist broad duties to the public; and they invest very little in self-policing.
Introduction Organizational Trust: Progress And Promise In Theory And Research
Authors: Kramer Roderick M
Published: November 2023

Over the past two decades, the topic of trust moved from bit player to center stage in organizational theory and research. Whereas previously it often had been treated as a mediating variable in empirical studies—a variable of secondary interest, at best—trust emerged in the 1990s as a subject deemed important and worthy of study in its own right. Illustrative of the new significance afforded trust as a serious and central subject for the organizational sciences is a series of special journal issues (Bachmann and Van Witteloostuijn 2003; Bachmann, Knights, and Sydow 2001; McEvily, Perrone, and Zaheer 2003; Rousseau et al. 1998) and edited volumes (Cook 2001; Falcone, Singh, and Tan 2001; Hardin 2004; Kramer and Cook 2004; Kramer and Tyler 1996; Lane and Bachmann 1998) devoted exclusively to the subject. These contributions were complemented by several scholarly integrations and critical assessments of this rapidly burgeoning literature (Creed and Miles 1996; Hardin 2002; Hollis 1998; Kramer 1999; Misztal 1996; Sztompka 1999).
The Emergence of Exchange Structures: An Experimental Study of Uncertainty, Commitment, and Trust1
Authors: Kollock Peter
Published: November 2023

The emergence of social structure has been a chronically underexamined topic across all areas in sociology (Coleman 1986). In particular, the feature of social structure that is examined here—the emergence of stable exchange relationships—has received very little empirical attention. The purpose of this study is to begin to explore this issue experimentally, examining the effects of a crucial variable—uncertainty—on the patterns of exchange that emerge. A further goal is to examine the role of reputation as an important factor related to the formation of stable exchange relations and to examine some of the consequences of different patterns of exchange—in particular, how different exchange conditions lead to different levels of trust among trading partners.
Camping on Seesaws: Prescriptions for a Self-Designing Organization
Authors: Hedberg Bo L T , Nystrom Paul C
Published: November 2023

An organization ‘s history can be broken down into segments of all kinds. One can focus upon single members ‘ activities in their jobs or upon the activities involving single functional or geographic units, like the purchasing department or the European division. One can discuss social and intellectual domains, such as chemistry, supervision, or theology. One can attend to contiguous events, such as what happened during January 1962. Although prevalent, these analyses portray an organization as static, and do not reveal its developmental capabilities. Designing an organization to fit society ‘s needs implies that it is less important to discover where an organization is than to understand how it got there, and where it can go tomorrow. Analyses that give footholds in time are the appropriate components for assembling trajectories into the future.
Responding to Crises
Authors: Greve Arent , Hedberg Bo L T
Published: November 2023

For nearly fifty years, Facit was regarded as a successful manufacturer of business machines and office furnishings. Facit grew until it operated factories in twenty cities and it maintained sales units in fifteen countries. Employment reached 14,000. Suddenly, this success metamorphosed into impending disaster. For three consecutive years, gross profits were negative and employment and sales declined. Plants were closed or sold. Again and again, top managers were replaced and the managerial hierarchy was reorganized. Consultants were called in: they recommended that more operations should be closed and more employees should be fired. But after numerous meetings, the top managers could not decide whether to do what the consultants recommended.
When Is Play Productive?
Authors: Webster E Jane
Published: November 2023

‘Anyone who has spent much time with computers knows how easy it is to get so involved that time just flies. Sometimes when at my computer, I say to my wife, ‘ ‘I ‘ll be done in just a minute ‘ and the next thing I know she ‘s standing over me saying, ‘ ‘It ‘s been an hour! ‘ ‘ ‘ ‘I really like my computer because it makes work more like a game. It even makes mundane tasks more like a game. I can play with logos. I can play with designs. I can play with text. I like to play. It ‘s really good for my creativity. ‘ ‘Computers remove distraction because you ‘re not constantly going back and forth between different mediums (cutting, pasting, ink, paper, etc.). You can do it all right there at your computer and get completely lost in what you ‘re doing.
Keeping a Butterfly and an Elephant in a House of Cards: The Elements of Exceptional Success
Authors: Starbuck William H
Published: November 2023

My wife and I were eating dinner with Donna and Joe. Joe asked what I had been doing lately. I explained that I had been studying knowledge-intensive firms—ones that earn revenues from specialized expertise. I cited the Rand Corporation and Arthur D. Little as examples, and briefly described their work. Joe, a partner in a prominent Park Avenue law firm, asked if I had studied any law firms. With insufficient tact and excessive confidence, I told him I had not. I understood law firms to make most of their revenues by routinely generating standardized documents such as contracts, stock offerings, or wills. Because legal word-processing systems are widely available, because all lawyers have adequate basic knowledge, and because law firms employ lawyers with diverse skills, clients can readily substitute one law firm for another. My interest lay, I said, in firms that are renowned for their unusual expertise.
Unlearning Ineffective or Obsolete Technologies
Authors: Starbuck William H
Published: November 2023

Starting in the mid-1970s, the Swedish defense forces pursued Soviet submarines lurking of the Swedish coast. Time and again, the Swedes mounted large-scale antisubmarine searches that included the dropping of grenades and depth charges and the detonating of remote-control mines. For example, in May and June 1988, there were nine live-fire engagements between the Anti-Submarine Warfare unit and suspected foreign submarines. The Swedish Defense Ministry reacted by giving commanders on the scene authority to decide when to open fire. On one occasion, ‘the prowler was detected and trapped in 282 feet of water. . . about 60 miles south of Stockholm ‘, said a Ministry spokesman.
Distrust in Dependence: The Ancient Challenge of Superior–Subordinate Relations
Authors: Rindova Violina P
Published: November 2023

Among the oldest records that offer practical advice for a manager are Mesopotamian stone tablets engraved with a story of a flood.1 Scholars say the story of Noah, written around 1000 BCE, was a Judaic adaptation of this Mesopotamian story. Although the oldest substantial copy was composed around 1635 BCE, fragments of tablets suggest that the story probably goes back to at least 3000 BCE in Mesopotamia.2 In Mesopotamia, the man who built a boat was named Atrahasis, Ziusudra, or Utnapishtim. He lived in a city named Shuruppak (now called Fara) on the Euphrates river.
How Organizations Learn from Success and Failure
Authors: Hedberg Bo L T
Published: November 2023

Grinyer and Norburn (1975) made a careful study that they had expected to document the beneficial consequences of formal strategic planning. They did find a positive correlation between profitability and the use of formal planning, but the correlation was very weak. Profitable firms were nearly as likely to plan informally as formally, and the same was true of unprofitable firms. This suggests that efforts to forge consensus among managers around rationalizations about effective behavior are unlikely to produce the benefits sought. Furthermore, Grinyer and Norburn found that profitability correlated inconsistently and meaninglessly with the degrees to which senior executives agreed about their firms ‘ objectives or about their personal responsibilities. Since such disagreements indicate that some executives have misperceived, this suggests that greater perceptual accuracy may not make effective behavior more likely.