bluuebunny/crossref_metadata_2025 huggingface dataset:
Union Derecognition: A Re-Examination
Authors: Claydon Tim
Published: November 2023

The last fifteen years have witnessed the erosion, some might say the collapse, of the industrial relations framework of the 1970s (Purcell 1993). However, due to the piecemeal and multi-faceted nature of the processes by which this has come about, there are no newly predominant arrangements for employment regulation which define the ‘new’ industrial relations (Beardwell 1992). Nevertheless, a major strand linking the various changes over the period has been a decline in trade union representation and influence at all levels. Since the mid-1980s it has become increasingly apparent that this decline does not simply reflect structural change in the economy and the growth of unemployment, but also the conscious intent of key industrial relations actors, notably the State and employers, to exclude unions from control of the employment relationship. The ultimate expression of this tendency is the termination of collective bargaining arrangements and the effective derecognition of trade unions by employers.
Business, Politics, and Society
Authors: Moran Michael
Published: November 2023

How much power does business exercise in Britain and the United States? Are giant firms that operate on a global scale beyond the control of elected governments? Are political parties in the pocket of business interests? All these questions go to the heart of the viability of a modern democracy, and have been given increased urgency since the end of 2007 and the economic crisis that has reverberated around the world. Business, Politics, and Society compares business and politics in two of the most important capitalist democracies: the United States and the United Kingdom. It introduces the big analytical and moral issues involved in the study of business power; traces the historical origins of business politics in the two nations; examines the role of giant firms, and the relationship between business and political parties; describes the special politics of the small business sector; scrutinizes the changing social and cultural environment of business; and sums up by raising problems of legitimacy and reward that are now the stuff of public policy. Boxed features in each chapter also extend the range of book, to business politics in the European Union, and to national systems beyond the United States and the United Kingdom. The book will be invaluable for students of business systems who now need to grasp the political setting of business, and to students of American and British politics, who now need to grasp the impact of business power on the workings of democratic government.
Introduction
Authors: Grafton Anthony
Published: November 2023

Between 1571 and 1574 the Strasburg scholar and scientist Conrad Dasypodius captured time for his fellow citizens. Hired to renew the cathedral’s great fourteenth-century clock, he made elaborate plans, preparing ichnographic and orthographic designs of his project. Working with the mathematician David Wolckenstein, the artist Tobias Stimmer, and a swarm of local artisans, he created the magnificent mechanism, three storeys tall and festooned with curious ornaments and devices, which still, in updated form, delights the tourists who line up every day to hear (and watch) it strike noon.
Humanist Chronology (III): The Romance of Ritual
Authors: Grafton Anthony
Published: November 2023

Calendars are far more than neutral devices for the measurement of time. Ancient calendars, in particular, played several—different but equally vital—roles in Greek and Roman society and culture. They determined the round of propitiatory and commemorative rituals by which an ancient people or city remained in touch with the shaping events of its past, asked its gods for protection in the future—and, as the enemies of Athenian democracy complained, delayed business in the present by closing down the courtroom and the assembly. They contained days both propitious and impropitious for any given activity. And they bore the impress of important events, mythical, political, or personal, which shaped the character of the days on which they had fallen for the rest of time. Both in classical Athens and in the different world of Plutarch and Porphyry, these beliefs and practices were taken very seriously indeed.
The Chronologer Reaches his Public
Authors: Grafton Anthony
Published: November 2023

In 1582 Scaliger finished the work he had come to see as a massive synthesis on calendars and dates alike. Gradually he chose a literary form for the book—a decision that always posed problems for chronologers. Geographers—whose subject, so the inevitable tag ran, was the other of history’s two eyes—had the ancient model of Ptolemy’s Geography to imitate. Even in its normal Renaissance form, the inaccurate Latin translation by Jacopo Angelo which Vespasiano and others multiplied, decorated, and made into the coffee-table book of the late Quattrocento, the Geography gave its readers splendid maps to study and correct, precise instructions for making maps of their own, information to digest and a literary form to emulate.
The Calendar of the Greeks: Normal Chronology Emended
Authors: Grafton Anthony
Published: November 2023

In late spring 1606 Johannes Kepler wrote a long letter to Scaliger about chronology. He had known Scaliger’s work since his days as a student in Tёbingen, where his teacher Michael Maestlin had urged him to study the De emendatione and he had stolen the necessary time from his proper work. A decade later in Prague, the imperial counsellor Johann Matthias Wacker von Wackenfels heard Kepler’s doubts about Scaliger’s system and advised him to write directly to Scaliger. Kepler did so, and as we shall see, his objections were mostly well founded. The body of his long letter presents the most perceptive critique of Scaliger’s work ever drawn up. For our present purposes, however, the initial paragraph that Kepler deleted before he sent the letter is more relevant than the technical arguments that he retained.
The Later Life of the Lunar Year: Arabs and Saxons
Authors: Grafton Anthony
Published: November 2023

Scaliger’s treatment of the Islamic year necessarily added little save refinement to what was already available by way of technical analysis. Astronomers and computists knew the length of the Islamic year, the 30-year cycle that governed it, the Julian date of the Hegira from which Muslims dated treaties and events, and various means of converting this and Islamic dates reckoned from it into sums of days and these, in tum, into Julian dates.
The Mysteries of Egypt: Origins of the Solar Year
Authors: Grafton Anthony
Published: November 2023

Magister had little trouble dealing with this monstrous conflation of the Egyptian year that wandered through the seasons and the Julian year of Alexandria, which Augustus had reformed in 25 bc, adding a 366th day to every fourth year and setting 1 Thoth permanently on 29 August.
Towards the Thesaurus temporium
Authors: Grafton Anthony
Published: November 2023

By 1600 Scaliger had become the centre of his still young university. Despite his loathing of professorial lectures (and most professors), his refusal à caqueter en chaire & pedanter’, he took an active part in other kinds of university business. In a sharp letter to Dousa, for example, he opposed the introduction of Ramism into the still traditional arts curriculum: ‘What can be more dissimilar’, he asked, ‘than the doctrines of Aristotle and those of Ramus?’ Apparently he both approved of the Aristotelian method in teaching and disapproved of the clash that would result from the Ramist challenge to it. As we have seen, he found some of his colleagues vain and silly.
Syncellus and the Chronicon Paschale: Sources of the Greek Eusebius
Authors: Grafton Anthony
Published: November 2023

The decisive moment in Scaliger’s work on the Thesaurus took place not when he began to sort out the tangles of Jerome’s Latin Chronicle but some two years later, when he finally confronted the Paris manuscript of the world chronicle of George Syncellus. In this historical hall of distorting mirrors Scaliger would make the acquaintance of a legion of long lost historians: the Alexandrian scholars Panodorus and Annianus, Eusebius (speaking his original Greek), Eusebius’ predecessor in Christian chronology Julius Africanus, the Greek antiquaries Alexander Polyhistor and Abydenus, the Babylonian priest Berosus, and the Greek priest Manetho. They would pose a set of analytical and editorial problems so complex that many of them have not yet been solved—problems that would still occupy some of the greatest of classical scholars, like Eduard Schwartz and Felix Jacoby, in modern times.
Interpreting Eusebius: The Vicissitudes of Christian Chronology from Africanus to Syncellus
Authors: Grafton Anthony
Published: November 2023

Scaliger’s commentary on the Chronicle started out austerely enough. He claimed that he would say relatively little about the topoi with which most commentators began: the author, the title, the purpose of the work, and so on. But though he professed that he would confine his own remarks to the single realm of chronology, he found plenty there to discuss. To begin with, he set the text into the context of the larger intellectual enterprise of which, he thought, it formed part: the Fathers’ historical debate with pagan intellectuals.
History of Universities
Authors: Feingold Mordechai
Published: November 2023

Volume XXI/2 of History of Universities contains the customary mix of learned articles, book reviews, conference reports, and bibliographical information, which makes this publication such an indispensable tool for the historian of higher education. Its contributions range widely geographically, chronologically, and in subject-matter. The volume is, as always, a lively combination of original research and invaluable reference material.
X-ray diﬀraction techniques
Authors: Shmueli Uri
Published: November 2023

An integral part of the process of crystal structure determination is an experiment and the techniques used to collect the experimental data. The experiment consists of scattering radiation from crystalline matter, the radiations that are usually employed being X-rays, electrons and neutrons. Although all three radiations can be employed, the vast majority of structure determinations are based on X-ray diffraction data. This chapter will therefore be dedicated to X-ray techniques. It is, however, important to point out that all the other chapters are applicable to all three diffraction techniques. We begin this chapter by introducing the Laue and Bragg conditions, and their geometrical representation in terms of the Ewald sphere of reflection. These conditions are common to all the experimental techniques that will be discussed. We shall next discuss in some detail the principles of operation of traditional and modern sources of X-rays: the X-ray tube and its spectroscopic fundamentals, and the vastly more powerful synchrotron.
Range
Authors: Wesson John
Published: November 2023

The previous chapters have examined the physics of the drive and the aerodynamics of the flight of the ball. This brings us to the purpose of the drive—to hit the ball as far as possible. It is likely that readers found the physics of the swing and impact more com- plex than they had imagined, but the outcome can be concisely described. The ball leaves the tee with a certain speed, spin, and launch angle, and these quantities determine the trajectory and range of the ball.
Fourth cornerstone: declining jurisdiction and conflicting proceedings
Authors: Kruger Thalia
Published: November 2023

In international litigation a plaintiff will seek out a court that he believes is the most favourable to his cause. A defendant, on the other hand, will try to avoid appearing in a court that he believes is unfavourable to his cause, and seek to have the case heard in a court which he perceives as more advantageous to his interests. Such quests could lead to parallel proceedings: the same action pending before courts in different states. In turn this might lead to conflicting judgments and difficulty in getting (one of) the judgments recognized or enforced in other states. In some cases courts attempt to resolve the situation when the proceedings are pending, so that they continue in only one of the two courts and there will be only one judgment. In some instances courts try to fi nd a solution at an earlier stage, in order to avoid the situation of parallel proceedings occurring.
Introduction
Authors: Keen Spencer , Oulton Richard
Published: November 2023

It is an undeniable fact that disabled people in this country are at a serious disadvantage in the employment field. Although the rate of employment of disabled people has risen from 38 per cent ten years ago to 48 per cent today, a disabled person is still two and a half times more likely to be out of work than a non-disabled person. Those with mental health problems and learning disabilities are particularly badly affected. It is also an undeniable fact that many disabled workers in this country are the victims of discrimination. Disturbingly, statistics show that claims of disability discrimination in employment are on the rise. The aim of this book is to provide a detailed explanation of the laws which have been passed in an attempt to prevent such discrimination. In particular, it is intended to be of practical assistance to those dealing with disability-related issues in the workplace on a day-to-day basis, and to those involved in bringing or defending claims of disability discrimination in employment tribunals.
The Meaning Of ‘Disability’
Authors: Keen Spencer , Oulton Richard
Published: November 2023

The DDA 1995 makes it unlawful to discriminate against disabled persons in the employment field. The term ‘disabled person’ is given a special statutory meaning which reflects a medical and not a social model of disability. Unless a claimant can prove that he is a ‘disabled person’ within the meaning of the statutory definition, he will not be able to bring a claim under the DDA 1995, however legitimate his complaints may be. It follows that references to ‘disability’ in the context of other legislation are not relevant in determining whether someone is a disabled person under the DDA 1995 and should be disregarded. Thus, for example, the fact that the claimant has been awarded disability living allowance by a Social Security Appeals Tribunal is not determinative of the issue of disability for the purposes of the DDA 1995. Nor is the fact that the claimant has been compulsorily admitted for treatment under the Mental Health Act 1983.
Discrimination in Employment: the Ambit of Part II of the DDA 1995
Authors: Keen Spencer , Oulton Richard
Published: November 2023

Notwithstanding its title, Part II covers a broad spectrum of workers in a range of occupations, not just employees. Although the main focus of this chapter will be on the protection afforded to employees, the other categories of workers covered by Part II will be briefly covered as well. Part II begins with two sections which define what is meant by discrimination and harassment and which apply equally to all the categories of workers covered by Part II. These sections were introduced following amendments made to the DDA 1995 by the 2003 Regulations. As a result, there are now four different types of discrimination under the disability legislation, together with a statutory tort of harassment, as follows:
Victimization
Authors: Keen Spencer , Oulton Richard
Published: November 2023

The effectiveness of the DDA 1995 would be greatly reduced if employees were deterred from taking part in tribunal proceedings, either as witnesses or claimants, out of fear of reprisals from their employer.Therefore, in order to ensure the proper functioning of the judicial process and the enforcement of its antidiscrimination provisions, the DDA 1995 seeks to prevent reprisals by offering protection to employees who perform certain acts. The DDA 1995 prohibits employers from subjecting persons to less favourable treatment by reason that they have performed a protected act. Since the reason for the treatment determines whether or not victimization occurs, it is the employer’s subjective intention that governs liability. ‘A’ victimizes ‘B’ not only if A mistreats him because B has performed a protected act, but also if A mistreats him because he believes or suspects that B has performed, or is going to perform, a protected act. ‘A’ is judged according to A’s subjective motivation which may be conscious or subconscious.
Remedies
Authors: Keen Spencer , Oulton Richard
Published: November 2023

The consideration of what is ‘just and equitable’ is concerned solely with which, if any, of the three orders to make and a tribunal may determine that it is just and equitable to make no award at all. The tribunal has no power to award an injunction and cannot order reinstatement or re-engagement2 as a remedy for disability discrimination. Once a tribunal determines that it is just and equitable to award compensation, the quantum is determined by applying the principles applicable to the calculation of damages in tort claims in accordance with DDA 1995, 17A(3) and the concept of ‘just and equitable’ plays no further part in the assessment. This is in contrast to the calculation of unfair dismissal awards under ERA 1996, s 123 where the quantum is determined according to justice and equity. The statutory cap on the amount of compensation that can be awarded for unfair dismissal does not apply to an action under the DDA 1995 and there is, therefore, no limit to the amount of compensation a tribunal can award.
Basic concepts in microfluidics
Authors: Bruus Henrik
Published: November 2023

Theoretical microfluidics deals with the theory of flow of fluids and of suspensions in submillimeter-sized systems influenced by external forces. Although an old discipline in hydrodynamics, the scientific and technological interest in and development of microfluidics has been particularly significant during the past decade and a half following the emerging and rapidly evolving field of lab-on-a-chip systems. This field is mainly driven by technological applications, the vision being to develop entire bio/chemical laboratories on the surface of silicon or polymer chips. Many of the amazing techniques developed over the past fifty years in connection with the silicon-based microelectronics industry are now used to fabricate lab-on-chip systems. In recent years, also polymer-based lab-on-a-chip systems have emerged, and these systems promise cheaper and faster production cycles. As microfluidic technology advances the demand for better theoretical insight grows, and this has been one of the motivating factors behind this book.
Basic Flow Solutions
Authors: Bruus Henrik
Published: November 2023

The Navier–Stokes equation is notoriously difficult to solve analytically because it is a non-linear differential equation. Analytical solutions can, however, be found in a few, but very important cases. Some of these solutions are the topic of this chapter. In particular, we shall solve a number of steady-state problems, among them Poiseuille-flow problems, i.e. pressure induced steady-state fluid flow in infinitely long, translation-invariant channels. It is important to study such idealized flows, since they provide us with a basic understanding of the behavior of liquids flowing in the microchannels of lab-on-a-chip systems.
Civil Liberties
Authors: Gearty Conor
Published: November 2023

This book traces the origins of the term civil liberties, unpicking its various layers of meaning and explaining what it has come to mean today. Gearty argues that the protection of civil liberties is a vital front in the struggle to preserve political freedom and that a proper understanding of and commitment to civil liberties has never been more important. Civil Liberties provides a fresh, clear, and stimulating approach to civil liberties by tying the law and practice of the subject firmly to democratic and political rights. The author examines the key civil liberties of our democratic age: the right to vote; the rights to life, liberty and security of the person; the freedoms of thought, conscience, expression, association and assembly; the prohibition on torture and inhuman and degrading treatment; and discusses the contemporary challenges that civil liberties face, including globalisation and the war on terror
Work and Time
Authors: Supiot Alain
Published: November 2023

In pre-industrial labour relations, the question of time and its measurement never acquired the importance it has today. Since such relations were seen more in terms of a personal connection than an exchange of services, the issue of measurement, keeping detailed accounts of working time, simply made no sense.
Creating a Canon: Dugald Stewart’s Construction of the Scottish Enlightenment
Authors: Brown Michael
Published: November 2023

During the 1790s and early 1800s, the professor of moral philosophy at the University of Edinburgh, Dugald Stewart, supplied three lectures on notable Scottish thinkers to the Royal Society of Edinburgh. This article will argue that, in his treating of Adam Smith, William Robertson, and Thomas Reid, Stewart was endeavouring to justify and explain the content of his course in moral philosophy to a sceptical, if influential, audience. He did so by creating a canon of orthodoxy to which he could appeal-a tradition of thought that justified and explained his teaching content.
From the Gospels to Jesus
Authors: Stanton Graham
Published: November 2023

Jesus of Nazareth and the four New Testament gospels continue to fascinate people from many cultural and religious backgrounds. From time to time television and radio programmes attempt to peer behind the gospels to reveal the ‘real’ Jesus. Lavishly illustrated coffee-table books try to give the modern reader of the gospels some insight into first-century Judaea and Galilee. Many who claim to be agnostic about the existence of God insist, nonetheless, that they try to live by the ethical principles of the Sermon on the Mount.
What is a Gospel?
Authors: Stanton Graham
Published: November 2023

In reading or interpreting any writing, whether ancient or modern, the first step must always be to determine what kind or genre of writing it is. We do not read a poem and approach it as if it were a piece of history. When we pick up a novel, even before we have any idea at all of its contents, we have certain expectations about the kind of writing it is. The novelist may, of course, surprise us by breaking some of the accepted conventions. But if our novel turns out to be totally unlike other novels we have read, we shall be very confused indeed; we may not be able to read it with enjoyment or understanding.
Luke’s Gospel: God’s Way Triumphs
Authors: Stanton Graham
Published: November 2023

Although Luke’s gospel was not as popular as Matthew’s in the early church, for many readers today it is the most attractive of the four gospels. It seems to lack the harsh severity of some parts of Matthew, the terseness and the enigmatic features of Mark, and the ‘other-worldliness’ of John. Luke’s portrait of Jesus seems to stress his human qualities. Even more than Matthew and Mark, Luke emphasizes the concern of Jesus for women, for tax collectors and sinners, and for those on the fringes of society. Several of the most universally popular parables, such as the parables of the Good Samaritan and the Prodigal Son, are found only in this gospel. And Luke’s keen interest in the gap between riches and poverty strikes a modern note. Three of the ‘hymns’ from his infancy narratives, now known as the Magnificat (1: 46-55), the Benedictus (1: 68-79), and the Nunc Dimittis (2: 29-32), are widely used in worship.
Why Four Gospels?
Authors: Stanton Graham
Published: November 2023

Some thirty Christian writings which date from before c. ad 600 refer to themselves as ‘gospels’, or have been so described by others. In later centuries from time to time further gospels which were certainly hoaxes or forgeries appeared. The thirty or so earlier gospels are a very diverse set of writings. Some have survived only in very fragmentary form; some are related (at least partly) to the four New Testament gospels, but others are not remotely comparable to these.
John the Baptist
Authors: Stanton Graham
Published: November 2023

John the Baptist is referred to some ninety times in the New Testament writings. Only Jesus, Peter, and Paul are referred to in more passages. The four evangelists all give a prominent role to John the Baptist. Why is John referred to so frequently? As we shall see, it is not easy to answer this simple question, especially since some passages underline his importance, while others stress his inferiority to Jesus. In this chapter we shall see that an examination of the traditions concerning John is an important first step in our attempt to uncover the main features of the teaching and actions of Jesus.
Chalk Lines, Open Borders, Glass Walls, and Frontiers: Careers and Creativity
Authors: Gunz Hugh P , Evans Martin G , Jalland R Michael
Published: November 2023

There is a caricature of career boundaries that goes as follows. Boundaries in the world of work, everyone knows, are bad things. They block the diffusion of ideas, and they inhibit learning and personal reinvention by preventing people from experiencing new work environments. Boundaries reduce creative potential. If creative or innovative solutions to problems occur when the problem is viewed through several frames of reference, 1 and boundaries enclose similar frames, boundary crossing should result in multi-frame perspectives. Creativity, therefore, clearly must suffer in a bounded world, and be unleashed in an unbounded one. New career models in which people develop competencies not bound to any one organization must take over-indeed, are doing so-from older, traditional forms that produced Whyte’s ‘organization man’ (1956).
Career Creativity as Protean Identity Transformation
Authors: Hall Douglas T , Zhu Guorong , Yan Aimin
Published: November 2023

In contemporary organizations, the need for individuals to be creative, to be adaptive, and to be engaged in continuous learning is self-evident (Arthur and Rousseau 1996; Hall and Associates 1996). The problem is, how does a person who is changing so frequently and so deeply at the same time maintain his or her own ‘path with a heart’, the inner compass, so that the changes serve the person’s values and needs as well as the demands of the environment? In other words, can the protean careerist be adaptive and maintain or develop his or her identity in the process? This issue will be the focus of the present chapter.
Career Creativity to Industry Influence: A Blueprint for the Knowledge Economy?
Authors: Defillippi Robert J , Arthur Michael B
Published: November 2023

Developments in the theory of creativity have begun to converge with contemporary ideas in career theory, and in particular about the impact of careers upon larger creative contexts, such as companies, industries, and host economies. Specifically, Csikszentmihalyi’s systems view (1999: 314-15) sees creativity not simply as an individual act, but as ‘interaction between producer and audience’. He also sees a creative act as introducing larger social change ‘that will be transmitted through time’ (emphases added). We take inspiration from Csikszentmihalyi in our conception of career creativity, which we define as a series of creative acts over time, which in turn influence the surrounding context over time. The context, as we will address it here, includes the influence of career creativity on subsequent community, company, and industry evolution.
The Force and Scope of Contractual Obligations: Standards of Care, Mistake, Frustration,
Authors: Atiyah P S , Smith Stephen A
Published: November 2023

In examining how courts construe the content of a contract, we have focused up until now on determining what the contract obliges the parties to do or not do. For instance, we have discussed the obligation of a vendor to deliver goods of satisfactory quality and of a purchaser to pay the contract price. In practice, however, courts are equally concerned with a second task— identifying the circumstances in which those obligations are not binding. In many sale of goods cases, for example, it will be clear that the vendor did not deliver: the dispute will concern whether, in those particular circumstances, the vendor was still bound to make that delivery.
Unfair Contracts
Authors: Atiyah P S , Smith Stephen A
Published: November 2023

According to the classical theory, the role of courts in handling contract cases is very limited. Classical theory makes a fundamental distinction between fairness in the process of forming a contract on the one hand, and fairness in the outcome of the contract on the other. Courts, according to the theory, are to concern themselves exclusively with the former. Making a contract is thus rather like participating in a contest or game: there are rules designed to regulate the way in which the contest is conducted—to outlaw fouls, to decide upon the appropriate penalty for fouls, and so on.
Cross-border enforcement Of patent rights
Authors: Sender Marta Pertegás
Published: November 2023

The enforcement of patent rights raises complex, and, from a private international law perspective, unique difficulties. Since intellectual property practitioners started to seek the consolidation of cross-border patent disputes, the interplay of private international rules has led to drastic changes in patent litigation across Europe. This book analyses in detail both the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules as they apply to cross-border patent disputes, and will be essential reading for both intellectual property lawyers and international commercial litigation specialists. At the jurisdictional stage, the basic question is whether the current jurisdictional framework provides a basis for the concentration of related litigation. For jurisdictional purposes, patent enforcement is a tort. Accordingly, cross-border patent enforcement attempts may generally be undertaken at the forum of the defendant’s domicile, the place of the tort and, as far as provisional measures are concerned, another forum with a sufficient connection to the dispute. On the other hand, the application of the current jurisdictional framework to international patent infringement disputes leads to significant difficulties such as the pre-emptive effect of proceedings pending abroad or the jurisdictional consequences of a patent validity challenge. At the choice of law stage, this book provides a comparative overview of the rather unexplored issues arising in multinational patent enforcement. De lege feranda, it seems that, in view of the territorial nature of patents, a distributive application of the law of the protecting State (lex loci protectionis) appears to be the most consistent choice of law rule.
Recent Developments in the Market for Markets for Financial Instruments
Authors: Prigge Stefan
Published: November 2023

Some of the most far-reaching changes in the financial markets currently occur in the structure of the market for markets for financial instruments itself. This chapter first high lights some of the most prominent recent evidence. In the subsequent analysis, demand side, supply side, and governance aspects are dealt with. On the demand side, banks and security houses may currently be in a powerful position due to their role as switchmen with respect to order routing.
Corporate Governance in Germany
Authors: Hopt Klaus J
Published: November 2023

Six systemic elements of corporate governance can be found in the international discussion: the board, labour co-determination and labour markets, financial intermediaries, stock exchange and capital markets, the market for corporate control, and disclosure and auditing.
Shareholder Value: A New Standard for Company Conduct
Authors: Kirchner Christian
Published: November 2023

The chapters by Guido Ferrarini and Paul Davies are both discussing one problem but from different perspectives. Whereas the Ferrarini chapter chooses an economic approach and puts corporate law issues into the framework of finance theory, the Davies chapter starts with a common law perspective and then re-conceptualizes the problem as an issue of capital market law.
Cross-border Voting in Europe
Authors: Winter Jaap W
Published: November 2023

This paper investigates the difficulties in the cross-border exercise of voting rights by shareholders. The difficulties arise as a result of differences in the company laws, securities laws, and securities systems in the Member States of the European Union, which have all been set up decades ago to serve national purposes. In addition there are uncertainties in the rules of private international law governing these securities systems.
The Impact of Insider Trading Rules on Company Law
Authors: Assmann Heinz-Dieter
Published: November 2023

This study deals both with the impact of insider regulation on European and German company law and the impact of insider trading regulation, including disclosure requirements, on the corporate governance of a company that is subject to this regulation.
An Institutional Innovation to Reduce the Agency Costs of Public Corporate Bonds: Changing the Role of the Trustee
Authors: Amihud Yakov , Garbade, Kenneth , Kahan Marcel
Published: November 2023

This chapter proposes an innovation in the design of publicly registered corporate bonds: an entity, which we call a super trustee, will be responsible for active monitoring of the borrower and for renegotiation and enforcement of the bond contract.
Do We Need a Law on Groups of Companies?
Authors: Wymeersch Eddy
Published: November 2023

Groups of companies is a subject that attracts wide attention, especially in Continental Europe, much less in the U.K. and the U.S. Groups, in essence, raise issues of conflicts of interest.
Impact of the Financial Markets on Issues of Group Law
Authors: Hommelhoff Peter
Published: November 2023

At first glance, this subject seems tailor-made only for German and Portuguese corporate lawyers. That is because they are the only ones within the European Union who know codified corporate group law.
Probability: Issues of Mathematics
Authors: Murphy Peter
Published: November 2023

From the preceding principles it is easy to deduce the demonstration of that theorem of the doctrine of probabilities, which is the foundation of its application to judicial or other inquiries for ascertaining the occurrence of a given event, or the reality of an individual fact. The signs or evidences by which a fact is usually proved, are some of its consequences: and the inquiry hinges upon determining what cause is most likely to have produced a given effect.
Collective Identity: Funeral Monuments to Academics in Northern Europe
Authors: Knöll Stefanie A
Published: November 2023

The study of funeral monuments is still largely restricted to monuments celebrating members of the upper classes. Traditionally informed by considerations of sculptor and style, such studies have been supplemented only recently by sociological and gendered methods, which place more emphasis on assessing the function of funeral monuments in death rituals. A few recent studies of scholars’ monuments have also appeared, but they focus primarily on spectacular Italian examples, neglecting more common specimens and other geographies. The present study discusses funeral monuments erected to the memory of professors in the universities of Oxford, England (founded in the twelfth century), Tübingen, Germany (founded in 1477), and Leiden, The Netherlands (founded in 1575), during the period 1580–1700. While the difference between Catholic and Protestant iconography is relatively obvious, this study examines the subtle differences that existed between monuments erected in the context of differing Protestant denominations—Anglican Oxford, Calvinist Leiden, and Lutheran Tübingen. It is beyond the scope of this paper to address the particular tenets of each church; nor does it seek to analyze monuments specifically commemorating noted Lutherans or Calvinists. Instead, it will consider monuments of academics—including some Catholics-that were erected within a specific Protestant context.
The Theological Faculty at the University of Jena as a Stronghold of National Socialism*
Authors: Heschel Susannah
Published: November 2023

The transformation of the University of Jena theological faculty into a ‘stronghold of National Socialism’ demonstrates the institutional collaboration among church officials, state government officials of Thuringia, and theology professors necessary for a voluntary Gleichschaltung with the Nazi regime. At Jena, theologians who were politically ‘neutral’, rather than overt sympathizers with Nazism, became the pivotal figures in allowing enthusiastic Nazi theologians to achieve their goals. After 1945, comparable mechanisms of collaboration between ‘neutrals’ and former Nazis functioned to keep former Nazi theologians in professorships, at Jena and at other universities and church-run seminaries. The evidence from the University of Jena’s theological faculty is not intended as an expose of the secret Nazi sympathies of faculty previously thought to have been opposed to the regime. Rather, I will argue that it was precisely within the realm of ‘neutrality’ that the greatest political danger inhered: lacking any reason to resist National Socialism, faculty members lent the services of their professional offices to facilitate the nazification of the University. So, too, after the collapse of the regime, no effort was made to keep former Nazis from faculty positions in theology.
The Scope and Characteristics of Arbitration
Authors: Tweeddale Andrew , Tweeddale Keren
Published: November 2023

The core characteristics of an arbitration whether an international arbitration or an English arbitration are generally the same.1 In O’Callaghan v Coral Racing Ltd Hirst LJ defined an English arbitration as follows:3 ‘To my mind the hallmark of the arbitration process is that it is a procedure to determine the legal rights and obligations of the parties judicially, with binding effect, which is enforceable in law, thus reflecting in private proceedings the role of a civil court of law.’
History of Universities
Authors: Vaugh Michael Mc , Gázquez José Martinez , Ballester ꝉLuis Garcia
Published: November 2023

Volume XVIII/2 of History of Universities contains the customary mix of learned articles, book reviews, conference reports and bibliographical information, which makes this publication such an indispensible tool for the historian of higher education. Its contributions range widely geographically, chronogically, and in subject-matter. The volume is, as always, a lively combination of original research and invaluable reference material.
Guillem de Béziers and His Informatio scolaribus suis
Authors: Vaugh Michael Mc , Gázquez José Martinez , Ballester ꝉLuis Garcia
Published: November 2023

It is convenient, if overly schematic, to view the development of the medieval medical faculty at Montpellier in terms of generations, each represented by a writer or writers: an unsophisticated first generation, in which glosses on standard texts become commentaries (i.e., Henry of Winchester, ca. 1220); a second generation in which the commentare form blossoms (i.e., Cardinalis, ca. 1250); a third generation in which authors begin to compose independent medical treatises (Arnau de Vilanova and Bernard de Gordon, ca. 1300); and even perhaps a fourth and a fifth generation in the fourteenth century in which learning and scholastic elaboration attain new heights (Gerard de Solo, ca. 1330, and Joan de Tornamira, ca. 1370). Of these five generations, the third has received the most attention from historians because of the unusual number of compositions left by Arnau and Bernard. So prolific were these two authors, in fact, that it becomes all too easy to concentrate on their work and to forget their lesser-known contemporaries who may also be able to add to our knowledge of university life. At least three other figures from the medical school in this ‘third generation’ left behind medical works that illuminate their thought: Pierre de Capestang, Bernard de Angrara, and Guillem de Beziers, the figure who will concern us here. Guillem is of particular interest first because he moved away from the commentary framework when he composed for his students his unpublished Informatio scolaribus suis (which appears in an edition below); second, because recent research in the Catalan archives-some results of which are appended to this article-provides details about Guillem’s early career that place his achievement in a better biographical context.
The Guanyin Cult at Xiangshan Monastery
Authors: Dudbridge Glen
Published: November 2023

In the early days of the year 1100 Jiang Zhiqi (1031–1104), statesman, administrator, and academician of the Northern Song dynasty, was transferred to the prefecture of Ruzhou .near what is now Linru in central Henan. It was a temporary demotion in the wake of a political setback in the capital, and Jiang remained at the post for a mere month or less before being moved on to another. During his brief period of office he still found time to visit a Buddhist monastery in his territory, and from this visit there stemmed the first presentation of Miaoshan and her story to the Chinese world.
Versions of the Story to 1500
Authors: Dudbridge Glen
Published: November 2023

A story which spreads news of a holy site also spreads news of itself. As the legend of Miaoshan created overnight a vast following for the Xiangshan Monastery, so it also took on a life of its own. The remaining part of this book will be concerned with that legend, a new presence in Chinese life, as it spread and developed through the centuries.
Introduction and Overview
Authors: Gregory Andrew F , Tuckett Christopher M
Published: November 2023

The Wrst modern editor to refer to a collection of early Christian writings as the Apostolic Fathers appears to have been J. Cotelier, whose edition was published in 1672. The most recent is Bart D. Ehrman, a contributor to this collection, whose Greek–English edition in the Loeb Classical Library replaces the original and much-used Loeb volumes produced by Kirsopp Lake. Lists of those who are included in the conventional but largely arbitrary collection known as the ‘Apostolic Fathers’ do vary slightly (Ehrman takes a more inclusive approach than both Lake and the Oxford Committee),1 but included in The Reception of the New Testament in the Apostolic Fathers and in Trajectories through the New Testament and the Apostolic Fathers are treatments of the central texts in this category, as found also in the 1905 volume, The New Testament in the Apostolic Fathers: the Didache, 1 Clement, 2 Clement, the letters of Ignatius, Polycarp’s Letter to the Philippians, the Letter of Barnabas, and the Shepherd of Hermas. Also included in the second of these 2005 volumes is the Martyrdom of Polycarp, which the Oxford Committee did not consider.
The Politics and Rhetoric of Discord and Concord in Paul and Ignatius
Authors: Maier Harry O
Published: November 2023

‘Ignatius was a man of the Greek city and seems to have been relatively at home there [T]he spirit of popular Hellenistic culture remains more alive in his letters than is generally recognized.’1 One of the more ground-breaking aspects of William Schoedel’s commentary on Ignatius’ epistles is its attention to the ways in which the Ignatian corpus echoes the vocabulary and concepts characteristic of contemporary pagan political philosophy and civic culture. Schoedel has urged a reorientation toward politics and rhetoric as indispensable guides for situating Ignatius in his social and theological setting.
European Identity and Human Rights
Authors: Williams Andrew
Published: November 2023

The stories that have been told about human rights and the Community rarely touch upon the notion of a European identity as an important influence. But when we look more closely at the development of a bifurcation in human rights policies, as introduced in the previous chapter, we can see that the two discourses of rights on the one hand and identity on the other, are bound tightly together. One could go so far as to suggest that the adoption and subsequent development by the Community of a narrative of European identity was a formative and crucial factor. In an effort to contribute to the construction of an overarching authenticity, one that would have both internal and external application, and promote the credibility of the whole European Project, the Community specifically deployed identity as a unifying and distinguishing concept. The resulting narrative incorporated human rights as an essential element in its definition. It was this that provided the impetus for the central internal/external bifurcation to develop.
Redemption: Some Crucial Issues
Authors: Geraldo‘Collins SJ
Published: November 2023

Three earlier ‘summit’ meetings held in New York treated issues concerning Christ ‘in himself’: his personal resurrection from the dead (1996), his eternal life within the Trinity of Father, Son, and Holy Spirit (1998), and his incarnation (2000). The fourth ‘summit’ of Easter 2003 focused on Christ ‘for us’ or Christ as the unique redeemer for all humanity and the whole created universe. Between our third and fourth ‘summits’ the terrorist attacks in the United States of 11 September 2001, the new wars in Afghanistan and Iraq, and the continuing wars in the Congo, the Sudan, and elsewhere violently tore humanity apart and showed more than ever the need for reconciliation on a world scale.
Narrative and the Problem of Evil: Suffering and Redemption
Authors: Stump Eleonore
Published: November 2023

In this chapter, I am going to examine one form of the problem of evil, namely, that having to do with horrendous evil; I will consider whether there is anything that can redeem the suffering even of those whose lives include the perpetration of great evil. But I want to explore this question in a way unusual for a philosopher, and so I need to begin by explaining and providing some justification for the methodology I mean to use.
‘Graven with an Iron Pen’: The Persistence of Redemption as a Theme in Literature
Authors: Kiely Robert
Published: November 2023

Job’s declamatory speech and the silence of Jesus are striking moments in two great scriptural narratives about redemption or, more precisely, about the promise of redemption scorned by sceptics who doubt that it can occur. Both episodes represent the suffering of an innocent victim mocked by observers who taunt them for being unable to save themselves. Both suggest on the part of the mockers a relatively simple understanding of redemption or salvation as release from present suffering. However, Job’s hope for a future Redeemer and Mark’s reference to ‘building the temple in three days’ hint powerfully at the possibility of a more complex and radical salvation the devil or ransoming man from his power, and argued instead that Christ satisfies and redeems the debt man owes to God because of human disobedience.
Leniency And Concurrency
Authors: Nazzini Renato
Published: November 2023

Cartel enforcement in Europe has been increasing over the years. In the early 13.01 days, very few decisions were made and the fines were generally not very sub-stantial.1 In the 1980s, the Commission started focusing on cartel enforcement. Not surprisingly, with increased enforcement there comes increased litigation, and the Community courts at times annulled decisions by the Commission or the first decision by the Commission in a cartel case was Quinine [1969] OJ L192/5. That year the Commission also adopted its decision