bluuebunny/crossref_metadata_2025 huggingface dataset:
The General Principles of EU Law
Authors: Tridimas Takis
Published: November 2023

The European Court of Justice has profoundly influenced the development of the legal order of the European Community through the elaboration of unwritten general principles of law. The general principles derive from the fundamental values underlying the national legal systems. This fully revised and updated Second Edition of The General Principles of EC Law provides a detailed and systematic analysis of the general principles as applied by the European Court of Justice and the Court of First Instance, and as they are influenced by political and legislative developments. It assesses the impact of the EU Constitution on the European polity and the protection of Community rights in national courts. Tridimas highlights the various functions of the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that they entail, focussing on principles including subsidiarity, equality, proportionality, fundamental rights, and the right to a hearing.
The Liability of Community Institutions
Authors: Tridimas Takis
Published: November 2023

This chapter gives an overview of the principles which govern the liability of the Community institutions under Article 288(2) EC. The development of the case law in this area is important for a number of reasons. Article 288(2) is one of the few provisions of the founding Treaties which make express reference to the laws of Member States. Thus, the case law under Article 288(2) illustrates how the Court has understood its mandate to build up a common law on the liability of Community authorities. Also, it highlights the role of general principles, such as equality and proportionality, as rules of law breach of which may give rise to liability. Finally, an understanding of the rules governing the liability of the Community institutions is necessary to evaluate the liability of Member States.
State Liability for Breach of EU Law
Authors: Tridimas Takis
Published: November 2023

There is no doubt that the most important aspect of the principle of effectiveness is the establishment by the Court of State liability in damages for breach of Community law and the cognate right to reparation of injured parties. The development of the case law in this area eminently illustrates the creative function of the Court. The subject has attracted vast bibliography and will be examined here in some detail.
The assumption of authority in Kosovo and East Timor: legal and practical implications
Authors: Rausch Colette
Published: November 2023

This chapter gives an overview of the instruments and documents that comprise the legal framework for the police components in the United Nations missions in Kosovo and East Timor. The legal framework is particularly important given the broad Jaw-enforcement powers of the international police in these missions. These powers include carrying arms, making investigations, arrest and detention. The chapter then discusses in more detail the practical issues related to enforcing the law in a post-conflict environment.
Stare Decisis in Civil-Law Countries: The Last Bastion
Authors: Baade Hans W
Published: November 2023

As reported by Callistratus, the Emperor Severus (who ruled from AD 193 to 211) ordained that gaps in the legal system created by the ambiguities of enacted laws were to be filled either by consuetudo or by res perpetuo similiter iudicatae, to both of which he ascribed vim legis. Some three centuries thereafter, in AD 529, Justinian admonished his judges to decide cases non exemplis sed legibus but, a mere four years later, he also re-enacted the Severus formula along with the Digest, thus endowing both of these texts with equal authority.
Defects of Consent and Security of Contract: French and English Law Compared
Authors: Cartwright John
Published: November 2023

Bernard Rudden has the knack of giving you an insight into something you thought you already knew. I remember an early conversation in which he told me something I knew, but it set my mind in a new direction-as, I suspect, he intended it to do. ‘Look at Caius’ Institutes’, he said. ‘The first contract you find is mutuum. He thought it perfectly natural to start with a transaction between friends, a gratuitous contract.’ So the Roman conception of contract was significantly different from the modern English conception. The values which (often tacitly) underlie those different conceptions are significantly different.
The Reformulation of Contractual Formality
Authors: Aker Simon Whitt
Published: November 2023

For the nineteenth century and much of the twentieth century, the general tendency of contract law in both the civilian systems of continental Europe and the English common law has been towards the diminution in the significance of contractual formalities. For some civil lawyers this tendency has been seen as a proper and desirable consequence of a consensualist vision of contracts, contrasting sharply with the supposed formalism of ancient Roman law. In the case of French law, this tendency towards contractual informality was given expression despite the terms of the Civil Code, notably as regarding ‘gift contracts’. While considerations of public policy ought properly to control the private law-making of parties to contracts, in principle whatever their form the expressions of their ‘autonomy’ should be given binding effect.
Should Europe Codify Trust?
Authors: Mattei Ugo
Published: November 2023

Among the many contributions that Professor Bernard Rudden has made to comparative law, of no little importance has been that of making English property law accessible and understandable to civil lawyers. I was early exposed to his mastery in clearing the forest for foreign explorers as a student in the property law class that he taught in 1980 at the London School of Economics within the programme chaired by Professor Clive Schmitthoff. Ever since, I have been interested in grasping the basic principles underlying the many technicalities that make property law sound so much of a domestic business In this chapter, I will continue that exploration, and I will try to approach trust law from the perspective of a European legal system considering whether or not to codify it.
The judicial architecture of the Union
Authors: Arnull Anthony
Published: November 2023

The establishment of the Court of First Instance in 1988 marked the first major alteration to the judicial architecture of the Community (that is, the configuration of its judicial system) since the 1957 Convention on Certain Institutions Common to the European Communities. The CFI has in many respects proved to be a resounding success. Only a small proportion of its decisions is challenged before the Court of Justice and the number set aside is low. Although it has sometimes overreached itself, the CFI has made an important contribution to the development of Community law. It has been particularly influential in the competition field, delivering a series of notable judgments on such subjects as collective dominance and merger control. It is perhaps in that field that its willingness to scrutinise closely the factual background of cases has been most apparent. The influence of the CFI has not been confined to the substantive law of the Conununity. In J fizzer Animal Healthv Council, for example, it addressed the application of the precautionary principle as well as the link between democratic
Equal treatment for men and women
Authors: Arnull Anthony
Published: November 2023

The Court of Justice recognizes a general principle of non-discrimination or equality as ‘one of the fundamental principles of Community law’. Aristotelian in origin, the general principle of equality is deceptively straightforward. It imposes two requirements: first, ‘that similar situations shall not be treated differently unless differentiation is objectively justified’ , and second that two situations which are essentially different should not be treated in the same way without objective justification.: The Court regards the general principle of equality as having been given specific expression in several provisions of Community law expressly prohibiting certain forms of discrimination. They include those laying down the principle of equal treatment for men and women. The notion of equality has proved particularly troublesome both to define and to apply in that context. The rapid evolution in attitudes to discrimination on grounds of sex since the formation of the Community has presented the Court with a series of challenges which it has not always confronted convincingly.
The Many Boundaries of the firm
Authors: Oinas PäIvi
Published: November 2023

Our common-sense conception of any commonly known social entity is that it is identifiable and definable. This suggests intuitively that its boundaries are known. But, in the case of the firm, it has been claimed that its boundaries are increasingly fuzzy. Does this mean that we are losing our grasp on what the firm is, or is it that there is a range of different rhetorics on the meaning of ‘the firm’? Indeed, in discussion of the firm, we are at the meeting place of a number of different rhetorics. Think, for instance, of the rhetoric of the business world (and the business press) concerning the processes bringing about peerless products and services with first-class resources—competent managers and employees, technology, materials, and so on—embraced by the magic of the corporate logo and the figure of the powerful CEO.
Guns, Firms, and Contracts: The Evolution of Gun-Making In Birmingham
Authors: Taylor Michael , Bryson John
Published: November 2023

The purpose of this chapter is to explore the implications for the theory of the firm of the interplay between firms, markets, governance, and technology. The structure and boundaries of the firm are examined in the circumstances of flexible specialization using the historical case study of the gun-making trade in nineteenth-century Birmingham. The last thirty years have been widely recognized as a new era of flexible specialization and a shift away from the Fordist mass production that reached its zenith in the decades following the Second World War. In this new era, firms are said to have changed, because the commercial environment within which they operate has changed, and is now strongly socially constructed. Under these changed circumstances, the path to economic growth in local economies is seen to depend on close inter- and intra-firm relations and cooperation to foster learning and knowledge creation and transfer, to generate technological change, and to create competitive advantage. In line with this shift, some approaches to the theory of the firm contend that the boundaries of the firm are, of necessity, increasingly indistinct, permeable, and fuzzy.
Studying the New Economy: An Activity Specific Approach to the High-Tech Firm
Authors: Gray Mia
Published: November 2023

The growth of high-tech industries in the USA has engendered much hyperbole about the behaviour, structure, and dynamic potential of the hightech sector from the popular media, public policy circles, and academia. Despite all the attention, there is a great deal of misinformation surrounding high-tech industries and their effect on regional growth. Although geographers and planners have often enriched the debate, they have also, at times, added to some of the confusion about high-tech industries and regional growth due to their assumptions surrounding the high-tech firm and their minimization of broader institutional explanations. This chapter attempts to revisit some of the main assumptions surrounding the industry, the nature of the firm, and how we study the high-tech firm, and suggests ways around the current impasse.
Language Rights, Literacy, and the Modern State
Authors: Levy Jacob T
Published: November 2023

In this chapter I am concerned with arguments for language rights and (which is different) language preservation. In particular I am concerned with the ways in which they sometimes proceed as if language consolidation arises in a vacuum, as if it’s simply a bad idea on the part of malicious majority-language policy makers. I will argue that questions of language policy and language rights cannot be understood in isolation from the social and political changes that have created such strong trends toward monolingualism at the state level. That is not to say that these trends should not be resisted; it is to say that they cannot be ignored.
Managers’ Lives, Work, and Careers in the Twenty-First Century
Authors: Guptara Prabhu
Published: November 2023

Let me begin by reporting a snippet from a meeting with one of the most experienced, respected, and intelligent senior executives whom I know. I had gone to take up an invitation to dinner and, as he came out of his office and shook my hand, I saw that he was looking crestfallen, so I asked if he had had a long day. He shook his head and said ‘No, Prabhu, it’s rather that I don’t understand the world any more.’ Was this mere world-weariness or was it unusual sensitivity to what is going on in the world? I reflected on that statement and that conundrum, and have come to the conclusion that he is not the only senior executive who does not understand the world.
Evidentials and other Grammatical Categories
Authors: Aikhenvald Alexandra Y
Published: November 2023

In the preceding chapter we saw how evidentials interact with person. Evidentials interrelate, in different ways, with most other grammatical categories. Different evidentials may be available in a statement, in a question, or in a command. Which evidential is used may depend on whether a clause is positive or negative (that is, on choices made in the polarity system). The form or the semantics of an evidential may depend on tense-aspect or on mood.
Knowing as Desire: Dante’s Ulysses at the End of the Known World
Authors: Gherardi Silvia
Published: November 2023

Why do people and their organizations seek out knowledge? Most of the usual explanations emphasize the instrumental use of knowledge: we need knowledge in order to solve problems, gain competitive advantages, exploit innovation commercially, or contribute to the well-being of future generations. Alongside the practical necessity and purposefulness of knowledge gathering, however, there is another incentive that is perhaps undervalued in organization studies:
The Culture and Power of Criminological Research
Authors: Ericson Richard V
Published: November 2023

This chapter explores the research culture and influence of criminology. It makes three claims about criminology. First, regardless of its manifestations across academic disciplines, criminology is a policy field. Its primary research focus is principled courses of action that are or should be taken regarding conduct that is or could be criminalized. Secondly, criminology is a legal field.
Ministers and Modernisation: Criminal Justice Policy, 1997–2001
Authors: Windlesham Lord
Published: November 2023

In his first speech as Home Secretary after the General Election in June 2001 David Blunkett declared that he had been asked by the Prime Minister to chair a committee that included the Lord Chancellor and the Attorney General. Its remit was to oversee the modernization of the criminal justice system and drive up its performance.
Structure of a Negligence Claim
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

The following steps are generally taken when the courts consider negligence claims: Courts determine whether a claim is suitable or unsuitable for judicial determination. They do so primarily by considering whether the claim involves decisions relating to ‘policy’ or the allocation of resources, in which case it ought not to be considered by the courts. If the claim is suitable for judicial resolution, courts go on to consider whether a duty of care is owed. Courts determine, in the first instance, whether the claim falls within a category in which duties of care have been imposed in the past (eg directly inflicted personal injury) or whether it should be regarded as a ‘novel’ claim in which imposition of a duty would be new and potentially controversial.
Duty of Care
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

In order to succeed in a negligence action, the claimant must establish that he or she was owed a ‘duty of care’ by the defendant. The following chapter examines the tests the courts apply to determine whether a duty is owed. It also considers the impact of jurisprudence of the European Court on Human Rights on imposition of a duty, and the particular difficulties imposing a duty in cases of pure economic losses, psychiatric harm and omissions.
Social ServiceS
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

Various public authorities have responsibilities towards vulnerable individuals, and are accorded powers to protect such individuals from harm. Public authorities have powers to provide care for children, the elderly and those suffering from mental illnesses. The present chapter examines the potential liabilities of such authorities in relation to harm suffered because of failures in the provision of social services. Such harm can arise, for example, because claimants were abused while in the care of the authority, or because the authority has failed to protect children from abuse by their family.
Health and Safety Regulators
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

‘Health and safety regulators’ are public authorities that are empowered to supervise the activities of third parties engaged in dangerous activities. Their aim is to provide protection to members of the public from physical harm. The present chapter examines the circumstances in which such regulators will be held liable in tort if their carelessness causes physical or economic losses to members of the public, or to those whose activities are the subject of the regulation. The chapter is structured as follows. This introduction gives a brief overview of the kinds of regulator that will be examined in the chapter, and the manner in which their regulatory activities are conducted.
Highways
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

Damages claims brought against the public authorities responsible for the maintenance of highways are common. It has been suggested that claims brought against local authorities in their capacity as ‘highway authorities’ are far more prevalent than those arising from negligence in their roles, for example, as providers of educational or social services. This is unsurprising, given the total number of accidents that occur on the roads. While most accidents may be the fault of individual drivers, some could have been averted if the authority responsible for the highway had acted carefully in its maintenance of roads, its provision of signs, its removal of ice etc.
Armed Forces
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

This chapter considers claims brought against the Armed Forces where neg17.01 ligence of its members causes injuries to other members of the forces or to civilians. In order to understand the scope of liabilities where claimants are themselves members of the Armed Forces, it is necessary to consider the statutory immunity that was conferred upon the Forces. Section 10 of the Crown Proceedings Act 1947 provided the Crown with a broad immunity in relation to tort claims brought by members of the Armed Forces.
Introduction The Conflicting Claims of Creditors and the Family
Authors: Miller Gareth
Published: November 2023

The ability of a family to continue to live in the family home and to maintain their standard of living may be seriously affected by the claims of their creditors. This may happen even though there is no dispute between the spouses or cohabitants, though in practice financial problems will often accompany a breakdown of the relationship. If their relationship does break down then the conflict is likely to become three sided. In these situations family law and family lawyers have to take into account the impact of those aspects of law dealing with debt recovery and insolvency.
Enforcing the Security
Authors: Miller Gareth
Published: November 2023

In the event of default by a borrower, the mortgagee has a number of possible remedies. The mortgagee could seek foreclosure of the mortgage, ie an order terminating the borrower’s right to redeem the mortgage, but resort to this remedy is now very rare. The mortgagee also has power to appoint a receiver, but this will normally only be appropriate where the subject matter of the mortgage is let and there is income from tenants. The most likely remedy to which a mortgagee will resort is that of sale of the mortgaged property so that the amount due under the mortgage can be recovered from the proceeds of sale. If there is a balance due after satisfaction of the mortgagee’s claim and expenses then the borrower will be entitled to this. If there is a shortfall then the mortgagee can pursue a personal claim against the borrower for the shortfall.
Insolvency and the Enforcement of Orders for Financial Provision
Authors: Miller Gareth
Published: November 2023

The bankruptcy of a person against whom an order for financial provision or property adjustment has been made may create serious difficulties for the person in whose favour such an order has been made. An order for periodical payments involves a continuing obligation on the part of the person against whom it is made with the continuing risk of insolvency and bankruptcy on his part and the position is often aggravated by the accumulation of arrears. The obligations imposed by other forms of provision are normally expected to be discharged within a short time of the making of the order by the provision of security, the payment of a lump sum, or the transfer or settlement of property as the case may be, but the person against whom such orders are made may become bankrupt before they have been completed or become effective.
Trading, Plantations, and Chemicals
Authors: Jones Geoffrey
Published: November 2023

Between the 1960s and the 1990s the single most important characteristic of Unilever which distinguished it from its major international competitors in branded consumer goods was that the borders of the firm extended over a far wider span of industries and services. Unilever’s ownership of a huge Africancentred trading company, worldwide plantations, and—by the 1980s—a substantial speciality chemicals business was unique.
Human Resources
Authors: Jones Geoffrey
Published: November 2023

‘Our employees ‘, Unilever’s Annual Report for 1990 observed, ‘are our most important asset. ‘ Before the Second World War, Unilever already employed around 100,000 people, but the post-war decades saw the number of employees expand dramatically, to reach around 350,000 in 1974. As Fig. 8.1 shows, Unilever employment then fell until the acquisition of Brooke Bond in 1984, with its large number of plantation workers, led to a surge in numbers again. Thereafter disposals and further rationalization reduced numbers to 300,000 by 1990.
Innovation
Authors: Jones Geoffrey
Published: November 2023

Unilever was among the largest corporate spenders on research in the world consumer packaged goods industries. By 1980 over 7,000 people were employed in the company’s research laboratories spread worldwide. Yet there was a persistent concern that Unilever was not realizing its full potential in innovation. In 1972 a McKinsey report on ‘Achieving Profitable Innovation ‘ concluded that, despite a level of spending which matched its competitors, Unilever was ‘not a consistent leader in significant innovation ‘. Eighteen years later another McKinsey report concluded that Unilever appeared ‘to lag ‘ in ‘pioneering major new businesses ‘, in part because its ‘excellent scientific base ‘ was ‘not being fully exploited ‘.
Organization: From Substance to Image?
Authors: Alvesson Mats
Published: November 2023

During the last ten years the ideational dimensions of organizations and management have been heavily emphasized both in corporate practice and in organization theory. The interest in organizational culture and symbolism, corporate identity, images, visions, etc. is, however, often understood in an a-historical and a-sociological way. The broader lines of development in society and organizations that make these dimensions salient and more significant than before have hardly been investigated.
Collective Agreements and Employment Contracts
Authors: Brodie Douglas
Published: November 2023

In the UK, statute creates a conclusive presumption that collective agreements are not intended by the parties to be legally enforceable unless a number of specified conditions are met.1 These conditions are that the agreement is in writing, and contains a provision which (however expressed) states that the parties intend that the agreement shall be a legally enforceable contract. How explicit must that intention be? It seems clear that it would not be legitimate to infer an intention from the nature of the agreement or its wording in general.
Two case studies of applicative morphosyntax
Authors: Peterson David A
Published: November 2023

In this first main chapter, I will look at the morphosyntax of two applicative construction families in some detail, both to illustrate the phenomenon and to give some initial coverage of the relevant morphosyntactic and semantic characteristics for which applicative constructions may vary; this variability will be considered from a wider cross-linguistic perspective in the following chapter. These case studies might additionally serve as models for persons describing applicative constructions in the languages they work on, which, as we will see later, will be crucial to developing a more sophisticated understanding of their typology. Minimally, the types of questions asked here for these languages should be asked by any researcher working on these issues in another language.
Adjective Classes: What can we Conclude?
Authors: Hajek John
Published: November 2023

To many linguists, the claim made by Dixon in Chapter 1 that all languages will have three major word classes (noun, verb, adjective) is challenging and provocative. Cross-linguistically, it is generally considered that the distinction between noun and verb is, with rare exceptions, a robust one and relatively easy to establish, according to basic grammatical functions. Nouns prototypically head noun phrases which function as core arguments and appear in copula complements (or verbless clauses), whilst verbs prototypically function as heads of (in)transitive predicates which also bear all tense, aspect, and mood (hereafter TAM) marking. Our ability lo distinguish adjectives has long been known to be more difficult across languages (e.g. Dixon 1982, Bhat 1994, Wetzer 1992, 1996), since none of these basic grammatical functions arc associated only with adjectives, as opposed lo either nouns or verbs. Grammatical differences that allow for adjectives to be distinguished, when they occur, arc often much more subtle and diffuse. As a result, and as Dixon points out, many linguists arc reluctant lo recognize the existence of an independent adjective class in a language they arc describing.
The Late Modern Prison and the Question of Values
Authors: Liebling Alison , Arnold Helen
Published: November 2023

In this chapter, we provide an account of some of the transformations to have taken place in penal practices, values, and sensibilities between 1990 and 2003. Our argument is that the failure of the liberal penal project, a project that looked so promising early on in the last decade, came about partly because of a failure to understand the meaning of the term ‘liberal’ in the penal context. We shall illustrate the turbulent nature of this period and its relation to the prison empirically. The history of this period led us to a more general preoccupation with the meaning and application of key terms, particularly those terms embracing the language of values in prison. The remainder of the book will address these broader, related themes.
The Treatment of Cultural Property
Authors: Carruthers Janeen M
Published: November 2023

Interest in cultural property is ever increasing, witnessed by the creation and expansion of numerous museums and galleries, a growing number of exhibitions, a ‘constantly increasing flow of visitors to collections, monuments and archaeological sites, and the intensification of cultural exchanges’.2 This escalating curiosity is accompanied by an aggravated risk of theft and illicit trafficking. The art market, almost by definition, is an international market, and theft and illicit trafficking continue to be lucrative industries.
The Treatment of Securities Held with an Intermediary
Authors: Carruthers Janeen M
Published: November 2023

Formulation of choice of law rules concerning the nature and transfer of shares and other securities was premised upon the existence of a direct relationship between the issuer and the investor. This relationship is rep- resented or evidenced, in the case of registered securities, by registration of the investor’s name in the books of the issuer, and in the case of bearer securities, by physical possession by the investor of a certificate. Transfer of the investor’s interest is achieved by means of registration in the issuer’s books, and/or by physical delivery of the relevant certificate.1 The traditional system is one of direct, materialized, mobilized holding.
The Situs Rule: For and Against
Authors: Carruthers Janeen M
Published: November 2023

In view of the unquestionable support for application of the law of the situs to property disputes, it is interesting to consider some of the arguments which have been promulgated in support of this seemingly ineluctable connecting factor.1 There is a wide variety of arguments, and it is revealing to note Wolff’s remark that, ‘There is … no unanimity on the reason why the law of the situs should be decisive.’ It has even been suggested that the law of the situs has attained a special place as a connecting factor, not by merit, but by ‘history aided by frequent repetition of often superficial argument by textwriters and judges’.
Modern Company Law-Making
Authors: Wymeersch Eddy
Published: November 2023

The purpose of this contribution to the study of the Report of the High Level Group of Company Law Experts on ‘A modem Regulatory Framework for Company Law In Europe’ (the ‘Report’ or ‘Winter Report’) is to reflect on the more formal aspects of regulating private companies in Europe. The Report contains some interesting proposals, both for regulating and for deregulating companies, while allowing the use of alternative forms of regulation. As a rule, substantive issues of Company Law in Europe will not be dealt with here.
The Remuneration of Executive and Non-Executive Directors
Authors: Ferrarini Guido , Moloney Niamh
Published: November 2023

This chapter examines the current controversy as to the effectiveness of executive remuneration as a tool of corporate governance but places the analysis in the particular context of the dispersed ownership/blockholding ownership faultline which runs across European corporate governance. It reveals that there is a close relation ship between governance systems and the sophistication and rigour of the regulatory response to executive remuneration.
European Union Communications Law
Authors: Walden Ian
Published: November 2023

The past 20 years has seen an extraordinary level of regulatory activity in the telecommunications sector within the European Union (EU). Well over 100 different directives, decisions, regulations, recommendations, and resolutions, relating to every aspect of the industry, have been officially adopted since 1984.1 Such activity brings into sharp relief a point raised in the introduction to this book: that market liberalization must not be confused with concepts of market deregulation.
Computational Approaches to Morphology and Syntax
Authors: Roark Brian , Sproat Richard
Published: November 2023

The book will appeal to scholars and advanced students of morphology, syntax, computational linguistics and natural language processing (NLP). It provides a critical and practical guide to computational techniques for handling morphological and syntactic phenomena, showing how these techniques have been used and modified in practice. The authors discuss the nature and uses of syntactic parsers and examine the problems and opportunities of parsing algorithms for finite-state, context-free and various context-sensitive grammars. They relate approaches for describing syntax and morphology to formal mechanisms and algorithms, and present well-motivated approaches for augmenting grammars with weights or probabilities.
Introduction and Preliminaries
Authors: Roark Brian , Sproat Richard
Published: November 2023

Computational approaches to morphology and syntax are generally concerned with formal devices, such as grammars and stochastic models, and algorithms, such as tagging or parsing. They can range from primarily theoretical work, looking at, say, the computational complexity of algorithms for using a certain class of grammars, to mainly applied work, such as establishing best practices for statistical language modeling in the context of automatic speech recognition. Our intention in this volume is to provide a critical overview of the key computational issues in these domains along with some (though certainly not all) of the most effective approaches taken to address these issues. Some approaches have been known for many decades; others continue to be actively researched.
The Bureau as Unit of Governance
Authors: Goodsell Charles T
Published: November 2023

The bureau, or administrative department of government, is stereotypically thought of as not engaging in ‘governance’ writ large. It is seen as confined to implementation in the purely instrumental sense. Its work is regarded as carrying out the laws, policies, and instructions handed down by elected officials or issued by the regime as a whole­thus characterizing it a crucial but dependent link in the governing process. In the following pages I question this view. I ask that we reconsider the bureau as performing a central and multifaceted role in modern democratic governance. I present the bureau not as performer of one aspect of governance but as integral to the entire process. Hence it is analysed as a ‘unit’ rather than a ‘part’ of governance. The purpose of this word choice is to reject the traditional public administration dichotomies of politics versus administration and policymaking versus policy implementation, since they conceive of the bureau as involved in only the second half of each distinction. The value of the bureau is that it contributes greatly to governance as a whole, a point that can be made only by employing other distinctions than the usual. In fact, compared to other governing institutions the bureau’s contributions may be uniquely broad.
Bureaucracy and the Controversy between Liberal Interventionism and Non­Interventionism
Authors: Armbruster Thomas
Published: November 2023

Critics of bureaucracy typically present a twofold argument for why public administration in democracies needs to be reduced. One part of the argument is economic; it says that public bureaux are inefficient and waste taxes. Private firms, contracted by higher authorities and ideally exposed to market forces, can conduct the work more efficiently and save taxpayers’ money. The other part of the argument is political rather than economic. It says that state authorities represent unresponsive and unaccountable organizations, develop their own self­referential and opaque procedures, undermine the elected government’s control over them, and limit the freedom of citizens. Based on these arguments, the quest for a privatization of state bureaucracies is associated with treating citizens as clients rather than as administrative subjects, and with applying market principles to the procedures of public bureaux. The most prominent books in this context,
How are Global Markets Global? The Architecture of a Flow World
Authors: Cetina Karin Knorr
Published: November 2023

A few years into the twenty-first century, globalization has captured the public and scholarly imagination. For many, globalization epitomizes the sense of rupture with the past that pervades the public perception, as well as whatever future lies ahead. Globalization, some think, will take us beyond modernity with its projects of rationality, nation state dominance, and industrialization.
Emotions on the Trading Floor: Social and Symbolic Expressions
Authors: Hassoun Jean-Pierre
Published: November 2023

In The Passions and the Interests (1977), Albert 0. Hirschman surveyed the his tory of ideas in an effort to understand how lucrative activities such as commerce, banking, and speculation could, at different times in the same places, be either stigmatized and counted among the worst social defects, such as greed and avarice, or become legitimate, and ultimately come to stand as behavior models.
Causation and Remoteness
Authors: Barrie MA Peter
Published: November 2023

Under this heading we are concerned with two different but related issues. First, the requirement that there must be a causal link between the wrongful act of the defendant which provides the ground for liability, and the harm for which the claimant seeks compensation. Secondly, the rule of policy which limits the recovery of compensation to those consequences which are close to the defendant's act, excluding other harm which may have been caused by the defendant's act but which is held to be too remote from it to be compensated
Psychiatric Injury
Authors: Barrie MA Peter
Published: November 2023

The development of the law on recovery of compensation for psychiatric injury has been a gradual increase in the willingness of the courts to overcome a historical suspicion of psychiatry and to recognize and take seriously the merits of such claims. The current state of the law owes much to litigation arising out of the Hillsborough disaster on 15 April 1995 when the police allowed far too many spectators into the football ground resulting in severe crushing of the crowd of supporters–95 people were killed and hundreds more were injured…
Clinical Negligence
Authors: Barrie MA Peter
Published: November 2023

Although it is ever increasing in volume, clinical negligence litigation remains a specialist field and therefore a dangerous area for the general legal practitioner. The Law Society maintains a specialist panel of solicitors, and in practice public funding for clinical negligence claims is restricted to those holding a clinical negligence franchise. This chapter does not, therefore, purport to be a sufficient treatment of the law relating to clinical negligence claims for practitioners to use. The leading work is Clinical Negligence by Michael J. Powers and Nigel Harris, 3rd edn (Butterworths: London, 2000) and there is a very good practical guide written by Charles Lewis (Clinical Negligence, 5th edn (Butterworths: London, 2001)). Here instead is a brief outline of the key principles provided as a matter of general interest.
Multipliers
Authors: Barrie MA Peter
Published: November 2023

By the time a trial date is reached, or the date of a determined effort to compromise a claim, it should be possible to calculate accurately the financial losses that have already been suffered by the claimant. The assessment of future loss and expense will, however, be uncertain. In almost all cases, a personal injury claim is resolved by a single, final payment even though in many cases of serious injury the losses will not have come to an end. There are exceptions to the award of a final lump sum. Section 2 of the Damages Act 1996 provides for structured settlements where the claimant recovers an income for life rather than a lump sum, by allowing the court to make a periodical payments order for damages, and s 2, as substituted by the Courts Act 2003, s 100 (when in force), will enable the court to impose such an order without the consent of the parties. In some cases a provisional award allows an additional payment to be made at a later date when a risk of a complication of an injury materializes and a new s 2B of the 1996 Act proposes a similar power of variation. However, these rules do not allow for orders comparable to matrimonial periodical payments which can be varied from time to time according to the changing needs and circumstances of the parties. There are real practical difficulties with structured settlements and they are only suitable in fairly large claims.
Structured Settlements
Authors: Barrie MA Peter
Published: November 2023

It has been explained in Chapter 23 on multipliers how the court will usually calculate a single lump sum award of damages to provide compensation to the claimant for the future losses and expenses that result from his injuries over the rest of his life. A conventional award of this kind gives parties the benefits of certainty and finality, but the claimant must then manage his damages so as to meet all of his needs, and runs the risk of finding that his funds have run out if the performance of his investments is disappointing, or if he survives longer than the expectation of life that was assumed when the damages were assessed.
Interest
Authors: Barrie MA Peter
Published: November 2023

All claims for damages attract simple interest and the rules for the calculation of interest are relatively straightforward.
Statements of Case
Authors: Barrie MA Peter
Published: November 2023

Statements of case are court documents, which should be prepared in a form which complies with the requirements of PD 5 (Blackstone's Civil Practice 2004 1353; hereafter Blackstone). They should:
Limitation
Authors: Barrie MA Peter
Published: November 2023

Because of the difficulty for the courts in dealing fairly with very stale claims, and the injustice to those against whom claims might be brought after memories have faded and relevant documents have been lost, there is a time limit imposed on the bringing of proceedings. If the time limit is exceeded, the wrongdoer can rely on this as a defence to escape a claim, no matter how good the merits of the claim might be. The modern statutory basis for the time limits for bringing a legal claim is the Limitation Act 1980. For personal injury claims the rules include a discretionary element first introduced in 1963. The Law Commission (Consultation Paper No. 270, 10 July 2001) has suggested that all limitation rules might be simplified and this discretion be removed in favour of a 30 year long stop.
An Evolutionary Approach To Institutions And Social Construction Process And Structure
Authors: Zucker Lynne G , Darby Michael R
Published: November 2023

Building blocks of institutional theory come from a variety of dive rent sources. Some are concerned with development of the core theory itself, with structure or processes, while others are related to developing plausible measurement strategies. Much of the process of institutionalization is tacit and not open to direct measurement. Thus, indirect indicators of the social construction processes have been used. The authors acknowledge support for this chapter from the National Science Foundation (grant number SES 0304727) and from the University of California’s Industry-University Cooperative Research Program.
Epilogue Learning How To Develop Theory From The Masters
Authors: Smith Ken G , Hitt Michael A
Published: November 2023

Without creative personalities able to think and judge independently, the upward development of society is as unthinkable as the development of the individual personality without the nourishing soil of the community. (Albert Einstein) The purpose of this book is to help us learn how some of the greatest minds in management and organization research developed their ideas and theories. We believe that the best way to learn how to develop theory is by studying the masters who have developed important management theories. For the most part, the process of theory development is causally ambiguous, involving tacit knowledge and diYcult-to-observe processes.
The Process of International Expansion: Comparing Established Firms and Entrepreneurial Start-ups
Authors: Kuemmerle Walter
Published: November 2023

The study of processes of international expansion of firms has a long tradition within the process literature. Yet, this stream of research is somewhat thin when compared to the overall body of work on resource allocation processes (RAP) as well as when compared to research on motives for international expansion of firms. There are several possible explanations for this. First, process research typically includes a substantial component of fieldwork. This type of research is hard enough when it is performed within one country, and considerably more challenging when it involves extended visits to multiple countries. Also, process research typically examines rather complex phenomena, and researchers might deliberately limit themselves to one country in order to control for variance.
Historical Perspectives on Seafarers and the Law
Authors: Fitzpatrick D , Anderson M
Published: November 2023

Samuel Johnson’s aphorism was apt, not only in the 18th century, but for many 1.01 years before and afterwards. Employment at sea meant danger, isolation and restriction. It also meant that the seafarer was generally out of reach of any legal system which might be used to protect him, even if legal protection of the interests of workers was fairly scant at the time in many parts of the world.At the same time, shipping, as a commercial activity, was specially regulated from ancient times, through the medieval age, and up to the modern period. Some part of that regulation was directed to the condition of the seafarer. In Roman law, the Praetor’s Edict, eventually applicable throughout the Empire, In the UK, for example, laws seeking to reduce the physical risks of employment (the Factories Acts) begin to be seen in the second quarter of the 19th century, together with some regulation of the method of paying wages (the Truck Acts), but laws directed more widely to the improvement of the mutual rights and responsibilities of employment do not appear until the second half of the 20th century.
Brazil
Authors: Fitzpatrick D , Anderson M
Published: November 2023

Brazil, situated in the centre of the eastern part of South America and covering nearly half of South America, is the fifth largest country in the world in terms of size. It is a former Portuguese colony and has been an independent country since 7 September 1822.1 According to the Federal Constitution (the Constitution),2 Brazil is a federal republic formed by the union of 26 states and a federal district, which is the seat of the capital, Brasilia. The smallest political or administrative units are the municipalities, which are governed by mayors.
China
Authors: Fitzpatrick D , Anderson M
Published: November 2023

China has the largest workforce in the world.1 Until the beginning of 1995, when the Labour Law of the People’s Republic of China (the Labour Law) took effect,2 there was no effective protection of employee rights under Chinese law. As a socialist country, workers worked for themselves within State- owned units or enterprises, so there was no need to have any labour contract. The economy was controlled by the State, which was responsible for directly allotting a worker to an enterprise to do a specific job. Individuals were subordinate to the collective, and the collective was subordinate to the State. Everything was planned including recruitment, and ‘once recruited, always recruited’. In this system, the labour relationship was akin to a social relationship.