bluuebunny/crossref_metadata_2025 huggingface dataset:
Injury during anaesthesia
Authors: Mccahon Robert A , Hardman Jonathan G
Published: November 2023

This chapter will deal specifically with injury arising during anaesthesia as result of technical procedures, posture, or external, physical threat. Other forms of injury occur during anaesthesia (e.g. cerebrovascular events, myocardial infarction, and awareness) but these are covered separately. Nerve and spinal cord injuries arising during general or regional anaesthesia, while clearly qualifying as ‘injury arising during anaesthesia’, are dealt with in Chapter 15. In the main, the chapter is organized by the physical location of the injury; these locations comprise: oral, laryngeal, tracheal, ocular, cutaneous, orthopaedic, muscular, and vascular. External ocular injury is discussed in this chapter, but postoperative visual loss is dealt with in Chapter 15. Injury during anaesthesia is very common. Removal of the patient’s natural, protective mechanisms of pain perception and movement of the affected part causes the risk of superficial injury to be increased. The great majority of such injuries (e.g. cut lips, bruised limbs, pinched skin) are minor and recover rapidly and without the need for medical intervention(1). The minor associated symptoms and the brief discomfort produced result in few accusations of blame and litigation. Substantial, life-altering injuries do occur. Occasionally, apparently minor injuries may lead to a chronic pain syndrome in the affected part, especially if neurological injury has occurred.
Equipment
Authors: Moppett Iain K
Published: November 2023

The equipment used by anaesthetists is largely for the benefit of the patient. The anaesthetic machine is explicitly designed to deliver a known, safe mixture of medical gases and vapours to the patient. Breathing systems and ventilators allow the anaesthetist to maintain or provide safe and efficient ventilation of the patient’s lungs. Monitoring devices exist to warn the anaesthetist of actual or impending problems. Furthermore, equipment manufacturers have generally been responsive to theoretical problems, near misses, and episodes of patient harm, introducing safety features to minimize risk to the patient. Generally, the benefit of using modern anaesthetic equipment far exceeds the risks attached to it, but patients may sometimes suffer harm because of the equipment used by anaesthetists. In some instances, patients may also possibly suffer harm due to equipment that was not used. This chapter explores the risks associated with anaesthetic equipment, and the benefits associated with their use. Injuries specific to the airway and respiration are discussed in detail in Chapter 12. Only a small fraction of equipment errors and failures are reported. Most information is presented as single case reports detailing problems with a single piece of equipment. The manufacturers’ published response to these tends to be defensive(1), but where manufacturing or design faults are identified, this does lead to change. The fact that case reports are published is indirect evidence of the rarity of the problem. One large, prospective, audit of over 83 000 anaesthetics in the late 1990s(2) identified equipment problems in 157 (0.19%); general anaesthesia had a higher rate (0.23%) and regional anaesthesia lower (0.05%), presumably reflecting the amount of equipment used for the different techniques. Around 70% of problems were trivial, 25% of intermediate severity, and 2.5% (4 out of 157) were serious. In this series, no patients died or suffered long-term morbidity. For comparison, in the same patient series, around 1% of anaesthetics were associated with intraoperative problems; equipment problems, therefore, accounted for around 20% of all problems. An earlier qualitative interview study(3) found a slightly smaller ratio of equipment failure to human error (4%).
Escaping impossibilities: social choice rules
Authors: Gaertner Wulf
Published: November 2023

Impossibility theorems are ubiquitous in social choice theory. By now, the reader has encountered several of these, among them the famous impossibility results by Arrow, Sen, and Gibbard and Satterthwaite. We think that it is high time to study various possibility results. Of course, this has a price: at least one of Arrow ‘s conditions must be weakened and the reader has to ask himself or herself whether in each individual case, the ensuing possibility is worth its price.
Distributive justice: Rawlsian and utilitarian rules
Authors: Gaertner Wulf
Published: November 2023

Over more than two centuries, utilitarianism had been the uncontested school of thought for issues of welfare and redistribution. In Hutcheson ‘s (1725) An Inquiry into the Original of Our Ideas of Beauty and Virtue, one can find the utilitarian postulate ‘of the greatest happiness of the greatest number ‘ which became famous through Bentham ‘s work (1776) who admitted to have been heavily influenced by Helvétius ‘s writings (1758). In order to decide whether state x is at least as good for society as state y (the reader will hopefully excuse our more prosaic language), utilitarianism prescribes that the utilities that accrue to the individual members of society under the two states be summed or aggregated.
Complement Clause Types in Israeli
Authors: Zuckermann Ghil‘ad
Published: November 2023

Complement clauses in Israeli (aka ‘Modern Hebrew ‘) demonstrate inter alia that the fascinating, new, ‘semi-engineered ‘ language is caught in a war between prescriptivism and descriptivism. For example, the prescribed complementizer ki ‘that ‘ is possible and comprehensible but—as opposed to the usual complementizer she‘that ‘—unproductive (see §4.2). By and large, authors of Israeli grammars attempt—deliberately or subconsciously—to force a ‘Mosaic ‘ grammar, which is Semitic, on a ‘mosaic ‘ language, which is made up of both Semitic and Indo-European components.
Liability To Extradition; Extradition Offences
Authors: Nicholls Clive , Montgomery Clare , Knowles Julian B
Published: November 2023

The first part of this chapter examines the circumstances in which a person becomes liable to extradition under the EA 2003 as either an accused person or a person who has been convicted and is unlawfully at large following his conviction. The second part of this chapter considers the important topic of extradition offences. These are the offences for which extradition from the UK can be granted. Whilst there are some similarities with the way in which extradition offences were defined in Part III of the EA 1989, the scheme established by the EA 2003 contains a number of significant differences.
The Golden Years Of Pills And Profits
Authors: Greenwood David
Published: November 2023

The 50 years that followed the end of the Second World War witnessed a seemingly endless flow of new antibacterial agents. Well over 250 individual compounds suitable for systemic use (i.e. excluding those restricted to topical application, which would include many antiseptics) found their way on to the market throughout the world and, although some were mere copycat products or novel compounds of dubious value, many proved to be of genuine benefit in helping to transform the treatment of infectious disease. There is no dispute that it was the success of sulphonamides and penicillin that provided the impetus for pharmaceutical and chemical firms to invest in research into what clearly had the potential to be an extremely lucrative area.
Introduction
Authors: Yong Heming , Peng Jing
Published: November 2023

The history of Chinese civilization traces back to Yandi (also known as Shen Nong, Divine Peasant) and Huangdi (also known as Xuan Yuan, Emperor Huang), legendary rulers of China in remote antiquity and the commonly recognized ancestors of the Chinese nation. The earliest dictionary in the Chinese language, The Ready Guide (< 尔 雅 >, also known as Erya), boasts a history of around 2,200 years. However, a systematic and coherent probe into the history of Chinese lexicography is something of a novelty, having started in the last quarter of the twentieth century. A Narrative History of Lexicography in China (<中国辞书史话>, 1979) by Fang Houshu (方厚枢) is the first serious monologue concerned with that part of dictionary research and with a wide time span, initiating a whole series of articles and works. Their pioneering endeavours, especially those studies on the classic wordbooks, have provided illuminating insights into later research. However, there is still a great deal of new ground to be covered and problems solved, some of which are fundamental in nature. This introduction will give an overview of various aspects of diachronic studies of lexicography in China, covering the status quo, the approaches to adopt, the methodology to employ, the segmentation of historical periods, and the practical implications, paving the way for discussions that run throughout this presentation.
The Emergence of Lexicographical Culture In China
Authors: Yong Heming , Peng Jing
Published: November 2023

There are numerous myths and legends about the origin of human beings. In the West, it was popularly circulated that men were created by God. A man was first created and named Adam, and a woman was made from one of his ribs and named Eve. They were pronounced man and wife and gave birth to children that were the ancestors of human beings today. In China, there was a different story – human beings were created by Nüwa, a Goddess in the Chinese legend, out of clay. She moulded clay figurines by mixing water with clay. After making a number of them she stopped to blow breath and life into each of them and they became the first human beings on Earth. The development of the means of production and the progress of science and technology provide a better understanding of the origin of human beings and a scientific theory of its evolution: human beings evolved from ancient apes and labour played a decisive role in this process of evolution.
Historian Zhou’ S Primer – The Source Of Lexicographical Culture In China
Authors: Yong Heming , Peng Jing
Published: November 2023

The role reading primers play in the advancement of world civilization and their significance to the study of the history of world civilization have not attracted due attention or received serious study, but it is undeniable that the evolution of any civilization is intimately related to reading primers, which facilitate human progression, social development, and literacy education. As pointed out by the American anthropologist Leslie Alvin White (1900–1975) in The Science of Culture (1949), all human civilization relies on symbols. It is the ability to produce and use symbols that makes it possible for culture to be created and passed on. And it is the use of symbols that makes culture eternal. There would be no culture without symbols and human beings would be identified with animals without symbols. Only when human beings have had a fluent command of the language system can culture and civilization progress from one generation to another. The children’s reading primers are the most primitive and direct tools for the inception and initiation of human civilization and the activation of language symbols. It is these textbooks that help make the language and culture of a nation expand, extend, and prosper.
The Ready Guide – The Initiator of Thesaurus Dictionaries In China
Authors: Yong Heming , Peng Jing
Published: November 2023

THE Ready Guide (abbreviated to RG hereinafter within this chapter) enjoys a very remarkable position in the history of philological and linguistic studies in China. It is the first work of exegetic studies conducted on a systematic basis and the first thesaurus dictionary of an encyclopedic nature. It aims to explain the meaning of ancient fiords and a great variety of object names and serves as the starting point from which other classic works can be justifiably interpreted. That partly explains why RG has aways been placed into the category of ancient Chinese classics rather than ancient Chinese dictionaries. This chapter will concentrate chief on the role it plays as the initiator of dictionary compilation in ancient China.
An Explanatory Dictionary of Chinese Characters – The Origin Of Character Dictionaries In China
Authors: Yong Heming , Peng Jing
Published: November 2023

Chinese characters rank among the oldest writing systems in the world. In modern times, people who are devoted to the study of Chinese characters will have to seek help from flu Shen and his An Explanatory Dictionary of Chinese Characters (hereinafter abbreviated to EDCC, also known as The Origins of Chinese Characters). without this monumental work, it would be impossible to read and interpret the zhuan scripts in the Qin and Han Dynasties, to say nothing of the Jiaguwen in the Shang Dynasty, the Jin inscriptions in the Shang and Zhou Dynasties, or the ancient texts in the FIarring States Period. EDCC is a precious collection of ancient classic texts, scriptures and exegetic studies, tracking the origin of Chinese characters, manifesting evolutional changes of different scripts, and encompassing fiords and expressions from all walks of life. Subsequent generations hold its author in greatest esteem and commend him as ‘the father of Chinese characters’, ‘the sage of Chinese characters’, and ‘the great master of culture’. EDCC is simply an inexhaustible gold mine that has attracted numerous generations of explorers.
The Dictionary Of Chinese Characters And Terms – The Inception Of Etymological Dictionaries In China
Authors: Yong Heming , Peng Jing
Published: November 2023

IN the western world, the practice of providing etymological information in a dictionary started in the middle of the seventeenth century when Thomas Blount published Glossographia in 1656. Blount is one of the earliest lexicographers who attempted to provide etymological information in a systematic fashion. Bailey later observed the practice in making his dictionary – A Universal Etymological English Dictionary. Bailey’s dictionary paid enormous attention to etymology and treated it consistently, purposefully, and strictly (Landau 1989:45, 99), though in the eyes of modern etymologists much of it might be wild guesswork. Considering the fact that it was compiled a century before great strides had been made in the study of Germanic philology, the value of this dictionary should not be underestimated. The practice of providing etymology in a dictionary reached its peak with the compilation and publication of The Oxford  English Dictionary.
Theoretical Inquiries Into Lexicographical Issues in Ancient China: A Survey
Authors: Yong Heming , Peng Jing
Published: November 2023

The earliest dictionaries in the world originated about 4,000 years ago in the Middle East. They were mainly bilingual glossaries. About one thousand years later in ancient India dictionaries were also compiled in the form of bilingual glossaries for explaining the difficult fiords in Veda. The earliest dictionary in China can be traced back to The Ready Guide, a monolingual dictionary compiled 2,200 years ago. Lexicography, a branch of learning with such a long history, has made brilliant and indispensable contributions to world civilization and at the same time has formed a culture of its of in. Viewed from a different perspective, lexicography can also be considered a newly emerging discipline whose theoretical generalization and methodological formulation are still in the process of being matured and perfected, with the deepening of lexicographical investigations and the constant interaction between dictionary compilation and language studies. The Chinese character dictionary is a unique product of lexicographical culture in China. The term 字典 (character dictionary) was coined before the Tang Dynasty, which can be justified by the fact that it occurred nine times in Sounds and Meanings of all the Buddhist Scriptures (<大藏音义>) by Hui Lin (see Qian Jianfu, 1989).
Classified Dictionaries – The Encyclopedic Dictionary In Ancient China
Authors: Yong Heming , Peng Jing
Published: November 2023

According to The Contemporary Chinese Dictionary (Chinese-English Edition, 2002), 类书 (classified dictionaries) is defined as ‘reference books with materials taken from various sources and arranged according to subjects’. A comparison between classified dictionaries and modern encyclopedic dictionaries will reveal that there is quite a lot in common between the to, in terms of mega-configuration, information organization, and interpretation of fiords and phrases. Therefore, classified dictionaries are treated as one type of encyclopedic dictionary in this chapter. In ancient China the classified dictionaries were usually supervised by the government in their compilation. They were compiled to meet both the political and academic needs of the time.
The Formation Of Chinese Character Dictionaries
Authors: Yong Heming , Peng Jing
Published: November 2023

The Chinese language ranks among the oldest languages in the world, with a peculiarly abundant vocabulary, compared to that of other languages, which is the quintessence of the 5000-year evolution of Chinese culture and language. In terms of quantity, there were only around 4,600 Jiagufien characters but the number ascended to 47,035 in the Qing Dynasty when The Imperial Dictionary of Kangxi was compiled. Its publication marks an unparallelled peak in the history of Chinese dictionaries.
Religious Preaching From The Fiest And Chinese Bilingual Dictionary Compilation
Authors: Yong Heming , Peng Jing
Published: November 2023

AT the turn of the Ming and Qing Dynasties, European missionaries came into the mysterious Chinese territories to preach religion. To meet the need for religious preaching, the missionaries, represented by the Jesuits, started to study Chinese and Chinese culture and left behind them a great deal of valuable data on Chinese studies and teaching. 23.1 matteo ricci’s contributions to chinese bilingual lexicography Among the first missionaries to arrive in China was Matteo Ricci, an Italian Jesuit missionary. He came to Canton (now Guangzhou) by boat and started his Christian mission in China in 1582. In 1601 he fient to Peking to meet Chinese Emperor wanli, which was considered a prologue to western learning.
Introduction—the Beginning of the End?
Authors: Susskind Richard
Published: November 2023

The title and theme of this book—the end of lawyers—might appear rather self-destructive. I am a lawyer myself (of sorts). Many of my close friends are lawyers. Most of my clients are major law firms. Socially and commercially, it might seem that I am shooting myself in both feet.

However, as the question mark in the title should at least hint, I write not to bury lawyers but to investigate their future. My aim is to explore the extent to which the role of the traditional lawyer can be sustained in coming years in the face of challenging trends in the legal marketplace and new techniques for the delivery of legal services.
Resolving and Avoiding Disputes
Authors: Susskind Richard
Published: November 2023

One morning in early January 2008, as I sat at my laptop writing this book, I received an unsolicited phone call from a man employed by a claims company. He wondered if I had recently been involved in any accidents. I paused for a short while before answering and, in that hiatus, I thought I could hear him salivating; he was hoping to hear that some calamitous event had recently left me severely disadvantaged. Knowing perfectly well why he was calling, I asked him why he was calling.
VI.Waste
Authors: Calster* Geert van , Vandenberghe** Wim
Published: November 2023

:e Waste Framework Directive (WFD) was originally adopted in 1975 as Directive 75/442/EEC. Because of the extent to which it had been amended since its original adoption in 1975, most substantially in 1991 through Directive 91/156/EEC amending Directive 75/442/EEC, a decision was made by the European Commission (Commission) to clarify the WFD by consolidating legislation. :e outcome is that Directive 75/442/EEC (as amended) was repealed with effect from 17 May 2006 and the WFD ‘s provisions are now contained in Directive 2006/12/EC on Waste (2006 Waste Framework Directive or
II.Review Articles
Authors: Wyman* Katrina M
Published: November 2023

Law of the Sea: Progress and Prospects, edited by David Freestone, Richard Barnes, and David Ong. Oxford: Oxford University Press, 2006, 480 pp., £84 hb. ISBN 9780199299614; (analysed through the lens of positive political theory), by Katrina Wyman, and sustainable development law, by Marie-Claire Cordonnier Segger and Ravi Shankar Kuar Singh). Secondly, in Section III, a further selection of noteworthy recent publications on topical issues in European and international environmental law and policy is critically discussed by a panel of established European and North-American scholars, in their respective areas of expertise.
Complaints and Misconduct II: Overview Of The 2004 And 2008 Conduct and Performance Regulations, and Associated Appeals
Authors: Beggs John , Davies Hugh
Published: November 2023

The Regulations relating to police conduct and performance have undergone four fundamental changes since 1985—in 1999,2003,2004, and 2008. Certain of the provisions, such as notifi cation requirements to the officer concerned once a matter is sent for investigation, have a pedigree extending back atleast as far as the Police (Discipline) Regulations 1977.
Misconduct Proceedings under the Police (conduct) Regulations 2008
Authors: Beggs John , Davies Hugh
Published: November 2023

Part 4 of the Police (Conduct) Regulations 2008 sets out the procedures to be followed once a decision has been taken to refer a case for misconduct pro-ceedings—that is, a misconduct meeting or hearing. This Part applies whatever the origins of the case. In other words, Sch 3 to the Police Reform Act 2002 and the 2008 Conduct Regulations formally converge from this point and here-inafter (for the purposes of the procedures to be followed), although, as will be seen, some distinctions remain within the process if the referral to misconduct proceedings arose from an investigation under any of paras 16–19 of Sch 3 to the 2002 Act.
Inquests
Authors: Beggs John , Davies Hugh
Published: November 2023

A significant area of growth in recent years has been the scale and expectations attaching to inquests in connection with police conduct. This, in part, reflects a general momentum towards greater public accountability by the police when they are associated in any way with a death. More specifically, it reflects the inves-tigative obligation on the State under Art 2 of the European Convention on Human Rights (ECHR), as to which the Human Rights Act 1998 (HRA) created enforceable rights for deaths occurring after 2 October 2000.
The risks of seizures
Authors: Betts Tim , Clarke Harriet
Published: November 2023

The risks associated with epilepsy can be reduced considerably by better treatment and sensible precautions.

Precautions taken need to be geared to the patient and her particular seizures.

All people with epilepsy need to adopt precautions when bathing or swimming.

Injury in seizures is surprisingly common.

Up to 1000 people in the UK die as the result of a seizure each year.

Many of these deaths could be prevented.
Other treatments, other problems
Authors: Betts Tim , Clarke Harriet
Published: November 2023

Surgical treatment of epilepsy.

Incidental (removal of brain lesion).

Direct—removing surgical focus as in temporal lobe surgery.

Palliative—as in hemispherectomy.

Indirect—as in vagal nerve stimulation.

Psychological treatments—behavioural and cognitive.

Ketogenic diet treatment.

Complementary and alternative therapies.

Travelling abroad—health insurance, malarial prophylaxis etc.

Having an anaesthetic if you have epilepsy.
Epilepsy and pregnancy
Authors: Betts Tim , Clarke Harriet
Published: November 2023

If you fall pregnant unexpectedly DON'T stop or reduce your anticonvulsants.

Tablet taking needs to work round early nausea and vomiting.

Make sure you have all the appropriate tests and scans of the baby.

If you have an unexpected seizure in pregnancy be certain that it is not 'eclampsia'.

Early miscarriage is common but no more so in women with epilepsy.

Late miscarriage needs investigating and possible preventative treatment.

At about 32 weeks decision needs to be made about method of delivery. Women with 'brittle' epilepsy may need an elective Caesarean section.

Co-operation between GP, epilepsy specialist, and obstetrician is vital.
Being a woman, having epilepsy: Harriet’s story
Authors: Betts Tim , Clarke Harriet
Published: November 2023

This final chapter addresses the practicalities of being a woman with epilepsy. Being such a woman I know that it is not straightforward; many conflicting factors are always present.

I came to terms with epilepsy very quickly as I was only a child and didn’t really understand all the problems that epilepsy in an adult would bring. It was not until I considered writing this book, and after some research, that I became fully aware of the complexities of epilepsy and the effect it has on people’s lives. I am certainly still no expert. After 14 years of living a happy and fun-filled life with epilepsy I have accepted it as a part of who I am, no matter how irritating it can be. It does not stop me doing things I want to do and, apart from continually trying to find the correct drug and dose, and trying to keep up to date with current issues with epilepsy there is, at the bottom of it all, nothing I can do. Even though at times it can be very frightening and frustrating, I am a woman, I have epilepsy, and I live and enjoy my life. Here is my story so far.
Argentina
Authors: Fiuza Alejandro D , Gayol Pablo J
Published: November 2023

Argentina has a continental law system. There is no definition of receivables in the Argentine Civil Code (Civil Code). However, under the Civil Code system, a receivable could be defi ned as a right to receive an amount of money. While these receivables could be documented in negotiable instruments, they are generally not. In this chapter we will limit our analysis to those receivables which are not documented in negotiable instruments. There is no specific regulation in the Civil Code or in the Argentine Commercial Code (Commercial Code) for the assignment of credits as security. Generally, there are two manners of creating a security on credits: (i) pledge of the credit; or (ii) the assignment of the credit to a trust.
Belgium
Authors: Vermylen Marc
Published: November 2023

Belgian law does not provide for a defi nition of receivables. Traditionally, the concept of receivable is translated in Belgium as schuldvordering/ créance, which can be defi ned—using the defi nition of R Feltkamp—as the subjective right of a specifi c person, named the creditor, to claim, on the basis of a legal relationship that stems from the law or a voluntary legal act by another person, named the debtor, the performance of an obligation to give, to do or not to do, which is valuable in money, and for which, by non-performance, the creditor can enforce payment of the value of such obligation at law against the property of the debtor.
England
Authors: Parsons Timothy
Published: November 2023

The expression ‘receivables’ is often used in a loose sense in the same way as ‘book debts’. This is not entirely accurate, although it would be fair to describe book debts as forming a sub-set of the receivables owed to a company. It is perhaps unfortunate that the expression ‘book debts’ has never received much more than a somewhat circular defi nition by the English courts.
Luxembourg
Authors: Molitor Michel
Published: November 2023

Luxembourg law does not provide a special legal regime for receivables (créances commerciales). Furthermore, there are no known Luxembourg court decisions dealing with the exact meaning and the defi nition of receivables. Thus, receivables fall within the scope of the general rules relating to claims (créances). Security over receivables are, in particular, governed by articles 110 to 119 of the Luxembourg Commercial Code, as amended by a law of 21 December 1994 about the Commercial pledge, by articles 2073 to 2083 of the Luxembourg Civil Code and by the law of 5 August 2005 on Financial collateral arrangements.
Mexico
Authors: Perezalonso Pablo
Published: November 2023

Under Mexican law there are several alternatives by means of which a security interest may be created on book debts and receivables. The alternatives have different legal implications, which will be discussed in this chapter. There are no legal restrictions that would make the taking of security in Mexico impracticable or impossible. There are, however, advantages and disadvantages on each alternative. Some of the methods are not as effective as others to provide the required level of protection for lenders, nor are suitable to all structures of lending transactions. Not all methods are available to all types of creditors as there are some alternatives that are reserved only to Mexican banks. The different methods of creating a security interest on book debts and receivables are established in two main statutes, the General Law of Negotiable Instruments and Credit Transactions (Ley General de Títulos y Operaciones de Crédito, the Negotiable Instruments Law) and the Credit Institutions Law (Ley de Instituciones de Crédito, the Banking Law).
Russian Federation
Authors: Stepanenko Elena , Ivanova Anna
Published: November 2023

In Russian legal terminology the term ‘receivables’ is usually understood to mean ‘rights to claim’ arising from civil law obligations and belonging to a concrete creditor/assignor (the so-called ‘subjective right under an obligation’). Pursuant to Article 307 of the Civil Code of the Russian Federation (the Civil Code) an obligation represents a legal relationship where one party (the creditor) has the right to claim that the other party (the debtor) perform certain actions in favour of a creditor or a third party (eg transfer property or monetary funds, perform works, or render services) or abstain from taking prescribed actions. Article 128 of the Civil Code states that civil rights may be exercised only with respect to so-called property rights.
Wills and Tax Advice
Authors: Frost Martyn , Reed Penelope , Baxter Mark
Published: November 2023

Whereas litigation over negligent will drafting seems to abound, there are few reported cases of claims against solicitors for negligence in tax advice. This may be because the non-testamentary transactions in which solicitors are instructed largely fall into one of three categories: It is a transaction that cannot attract a tax liability, so there can be no question of negligence in this respect.
Rest And Breaks
Authors: McLynn Lucy
Published: November 2023

This chapter considers the different types of rest for which provision is made under the Working Time Regulations 1998 (WTR): rest breaks, daily rest and weekly rest. The particular categories of workers who are excluded from the entitlements to rest are outlined. The difficult issue of rest for on-call workers is discussed, as is the scope of the duty on an employer to enforce the taking of rest by workers. The chapter concludes by looking at record-keeping, enforcement, and the remedies for breach of a worker’s entitlement to rest.
Annual Leave
Authors: McLynn Lucy
Published: November 2023

This chapter considers the right to take and be paid for annual leave. Many workers will have such rights under their contract with their employer, and these rights may be more favourable than the entitlements under the Working Time Regulations 1998 (WTR). The WTR rights, however, underpin every contract, and provide a minimum standard in relation to annual leave. In this chapter, the 5.6 weeks’ leave to which workers are entitled under the WTR is referred to as ‘statutory leave’. Any additional entitlement given to a worker under his contract is referred to as ‘contractual leave’. A worker is expressly permitted by the WTR to exercise whichever right is more favourable to him—statutory or contractual. Contractual terms which are more favourable to the worker than the WTR provisions would apply to all leave that was covered by the contract—both statutory and contractual.
“Consent” to Arbitral Jurisdiction: Disputes with Non-Signatories
Authors: Rau Alan Scott
Published: November 2023

In a recent article, written for a symposium on the “reform” of the United States Federal Arbitration Act (“FAA”), I argued that the better course by far would be to leave the FAA completely alone. The point was not simply that courts are more likely than legislators to “get it right.” (Although, I believe, they are.) Nor, simply, that legislation is inevitably a clumsy and unwieldy tool, making even changes on the margin with a meat cleaver—nor that the missteps and mis-judgments of statutory revision may be expected to be particularly resistant to change. When we are faced with arbitration “reform,” both actual—in the form.
The Globalization of American Class Actions: International Enforcement of Class Action Arbitral Awards
Authors: Blumrosen Alexander
Published: November 2023

The question of the enforceability of a United States class-wide arbitral award under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”)would have seemed like science fiction just a few years ago, but the rapid evolution of case-law on international class actions, and the Supreme Court’s decision in Green Tree Financial Corp. v. Bazzle,have placed the issue squarely before us. Indeed, it is likely to be only a matter of time before a litigant in a class action arbitration will seek enforcement of the award before a non-U.S. court.
Private Labels And Article 82 Ec
Authors: Galarza* Andres Font
Published: November 2023

The introduction (Section A) will expose Article 82 of the EC Treaty to the explicit but also implicit interests and perceptions of both EU competition enforcers and of the business community. This introduction intends to give a solid understanding to the reader of the interests at stake in the debate on the application of Article 82. The introduction aims to help the reader reach its own conclusions at the end of the chapter, beyond those hinted at by the author, regarding what role, if any, Article 82 should play in dealing with the phenomenon of private labels. The second part (Section B) will explore Article 82 and private labels from a business to consumer perspective as a pre-condition to the arguments in the third part. Indeed, the consumer is the ultimate subject of protection of the Treaty rule. This part will therefore raise a very intuitive point: whether—in the light of the consumer welfare imperative—the European Commission should ever enforce Article 82 to the private labels offers made by retailers with market power.
Private Labels, Dual Distribution, and Vertical Restraints—An Analysis of the Competitive Effects
Authors: Gilo David*
Published: November 2023

This chapter explores how participation of a retailer in the supplier’s market via a private label and participation of a supplier in the retail market via dual distribution impacts on the anticompetitive effects of vertical restraints. The existence of a private label can impact on the anticompetitive effect of vertical restraints in two principle ways. On one hand, the private label often constitutes presence of the retailer in the supplier’s market, thereby creating horizontal com- petition between the retailer and the supplier in the supplier’s market. Restraints limiting the retailer’s operation of the private label, therefore, resemble horizontal restraints among competitors and deserve harsher antitrust treatment than purely vertical restraints. On the other hand, as this chapter shows, if a retailer and a supplier adopt vertical restraints that do not limit the retailer’s ability to operate his private label, the existence of the private label could actually weaken the anticompetitive effect of all vertical restraints but for exclusive distribution.
Private Labels, Product Variety, and Price Competition—Lessons from the German Grocery Sector
Authors: Olbrich Rainer , Grewe Gundula , Orenstrat* Ruth
Published: November 2023

For several years now, a proliferation of private labels has been evident in European consumer goods retailing. A ‘hotbed’ for the proliferation of private labels has been created by the restriction on vertical price fixing under Article 81 EC. The prohibition of resale price maintenance has restricted the pricing policy tools available to manufacturers and has, in its wake, considerably broadened the range of pricing policy options for private labels. In particular in the food retailing sector for some considerable time now, private labels have been foreclosing com- petition and circumventing the price maintenance regulations simultaneously. Here, ‘price sceneries’, i.e. artificially-generated pricing comparisons for certain goods, are playing an ever increasing role.
United States Competition Law Policy—the Private Label Experience
Authors: Schmidt* Jeffrey , Calvani** Terry
Published: November 2023

Private label issues have been important across the US competition law land- scape. For example, the very prominent—and controversial—decision by the Court of Appeals in LePage’s Inc v 3M Co found that the bundled pricing of branded and private label products by a seller with market power in the branded segment constituted a violation of Section 2 of the Sherman Act. Nevertheless, most of the issues involving private label goods have arisen in the context of market definition incident to merger review and in cases involving alleged price discrimination under the Robinson-Patman Act. This paper focuses on private label issues in the context of both.
Welfare Objective and Enforcement Standard in Competition Law
Authors: Nazzini* Renato
Published: November 2023

The dynamics of consumer goods markets in which own label and branded products compete with each other call into question some of the basic assumptions that underlie the analysis competition authorities and courts carry out when assessing the effects of conduct on competition. First, when assessing the effect of own label products on competition, the vertical dimension of the competitive relationships becomes as prominent as horizontal competition between branded product manufacturers or retailers. The market power of the retailer on the retailing market is only one piece of the jigsaw. Equally important is the retailer’s buyer power or upstream vertical market power. As a result of the exercise of the retailer’s buyer power, the manufacturer’s profits may be lower and the retailer’s profits higher than they would otherwise be. What are the implications for the competitive assessment? Should total surplus of the industry be assessed or should any exercise of buyer power only be relevant if it has an impact on consumer welfare? Should the law focus on economic effects at all or should it rather be concerned with the position of a particular supplier which may be unfairly treated by a powerful buyer?
Thoughts and Feelings
Authors: Lee John , Brook Suzanne , Daniel Clare
Published: November 2023

When we talk about feelings in this book, we are talking about emotions or mood. When people are asked, ̒What affects our feelings?̓, some would say ̒How I feel depends on what I̓d be elated, but if my car was stolen I̓d be very angry and upset.̓
Territoriality In Criminal Cartel Investigations
Authors: O’Kane Michael
Published: November 2023

The coordination of investigations and prosecutions in international cartel cases is the subject of this chapter. With criminalization of cartel conduct spreading across the world, there are increasing challenges in improving the mechanisms whereby states share information/evidence, discuss investigative issues and ensure that culpable individuals are fairly treated. This chapter analyses this subject by breaking it down into two main constituent elements, investigative assistance and prosecutorial strategy. The investigative assistance section deals with the ways in which states and agencies are able to share information and evidence in cartel investigations. The prosecutorial strategy section analyses how states are able to bring foreign defendants to justice and a study of how these powers may need to develop in the future.
Sources of Law
Authors: Butler William E
Published: November 2023

During the Soviet era, Marxist-Leninist legal doctrine conventionally distinguished between two meanings of ‘sources of law’. In their most ‘fundamental’ sense the ‘sources of law’ were said to be the socio-economic order of a particular society; it was that order which gave birth to and shaped the distinctive political, economic, and legal superstructure of a society. A socialist society, in this larger sense, formed and shaped the substance of its socialist law and legal system. In their technical meaning, which is the aspect treated in this chapter, the ‘sources of law’ are the rules or norms created, sanctioned, or recognized by the State or its agencies in a duly established manner.
Entrepreneurial Law
Authors: Butler William E
Published: November 2023

The principal civil law jurisdictions in continental Europe have a Civil Code and a Trade or Commercial Code (France, Germany), creating what some have called a ‘dualism’ of private law. The Digest of Laws of the Russian Empire contained separate volumes devoted to civil and commercial regulation. In 1917–18 Soviet policy-makers had little opportunity to reflect on the role of civil and commercial law in a rapidly socializing economy. Some entertained naive assumptions about the rapid withering away of law and the legal system; however, the survival of the regime in the midst of civil strife and a hostile international community quickly took precedence over any grandiose transition to a new economic order. In the period of War Communism (1917–20) private entrepreneurship was discouraged, only during the NEP (1921–28) to be positively encouraged. It was during the 1920s that economic analytical techniques, such as input-output analysis, were developed as tools for comprehending inter-sectoral relationships in the economy, so essential for economic planning.
The Case of Malawi
Authors: Development Bank African
Published: November 2023

Over the years, most developing countries have used external resources to finance development activities in sectors such as edu- cation, health, and infrastructure. In addition to grants, Malawi has relied on borrowing from multilateral institutions to supplement its domestic resources. In the 1990s, grants and external borrowing averaged 30 per cent of Malawi ‘s GDP and even peaked to half of its GDP in 1994. Over time, however, external borrowing became unsustainable due to a combination of low economic growth and structural changes that occurred during the structural adjustment period of the 1980s and 1990s. In spite of a narrow domestic resource base and shrinking exports, Malawi had an obligation to repay its external debt to various insti- tutions. In this context, the advent of debt relief was a welcome opportunity for Malawi. Resources from recent debt relief initiatives, such as the HIPC initiative and the MDRI, were to be channelled to priority areas in order to tackle poverty. To ensure maximum benefits from the HIPC initiative, all countries interested in pursuing the Initiative are required to formulate a country-driven Interim Poverty Reduction Paper (I-PRSP), and lay down macroeconomic policies in a Poverty Reduction and Growth Facility (PRGF).
The Case of Senegal
Authors: Development Bank African
Published: November 2023

Over the 2000–2005 period, Senegal recorded average annual real GDP growth of 4 per cent, a budgetary surplus to GDP of 1 per cent, a current account deficit (excluding official transfers) of 8 per cent of GDP, and an inflation rate of 2.3 per cent. However, the surge in oil prices since 2006 and its impact on the chemical and fishery sectors had a major negative effect on the country ‘s macroeconomic performance. Indeed, the GDP growth rate for 2006 was estimated at 2 per cent and the budgetary deficit at 3 per cent of GDP. Inflation rose to 5 per cent and the current account balance deficit (excluding transfers) to 9 per cent of GDP. Sustained high oil prices as well as high food prices illustrate the vulnerability of the Senegalese econ- omy to exogenous shocks. Following a debt sustainability analysis, Senegal became eligible for debt relief under the HIPC Initiative in June 2000, based on the criterion of present value of debt/fiscal revenue (310 per cent). Senegal reached the enhanced HIPC Initiative completion point in April 2004 and became eligible for Paris Club debt relief in June 2004. As at 31 December 2005, the country ‘s outstanding external public debt stood at CFAF 1944.1 billion (40 per cent of GDP). Following the entry into force of the MDRI in 2006, Senegal ‘s external public debt dropped significantly to CFAF 864.4 billion (18 per cent of GDP) by December 2006.1 Multilateral debt represented 56 per cent of external debt, compared with official bilateral debt at 43 per cent, and trade debt at 1 per cent.
Reconciliation
Authors: Hazan Pierre
Published: November 2023

The term ‘reconciliation’ first appeared in the French language around 1350, before being borrowed by English. According to the French dictionary Petit Robert, reconciliation is used to refer to the action by which friendship is restored (between persons who have fallen out) (Petit Robert, 2006). The New World Dictionary’s definition of reconciliation is: (1) to restore to friendship; (2) to settle a feud; (3) to restore to harmony. However, the definition of reconciliation has gradually changed. It is no longer applied only in the field of individual relationships but is used increasingly for collective situations, especially where peoples or communities are involved in peacebuilding, or in the aftermath of internal or international conflict.
Tock-Tick: The Working of a Judicial Mind
Authors: Sachs Justice Albie
Published: November 2023

‘ Every judgment I write is a lie.’ This was the opening sentence of a lecture I gave some years back to students at the University of Toronto. It disturbed the somnambulistic certainty that many of them possessed. Legal judgments, I sought to tell them, did not emerge from the dispassionate placing of logical propositions in rationally ordained sequence. Now, I can perhaps soften the statement a little: every judgment I write tells a lie against itself.
Epilogue and Thanks
Authors: Sachs Justice Albie
Published: November 2023

I was 73 years old and quietly putting finishing touches to this manuscript while on long leave as a Ford Foundation Scholar in Residence, when I discovered I was a counter-revolutionary. Why? Because I was a member of the Constitutional Court. According to a senior official of the ANC the Court was part of a group of counter-revolutionary forces trying to stop the President of the ANC, Jacob Zuma, from becoming President of the country. Happily, a few weeks later in response to an outcry that followed the remarks, the official stated he had been quoted out of context, and the ANC re-affirmed its support for the Constitution and the independence of the judiciary. So I write this epilogue knowing that, for some months at least, I have not been a counter-revolutionary.