bluuebunny/crossref_metadata_2025 huggingface dataset:
Parliament and Legislative Power
Authors: Barendt Eric
Published: November 2023

ONE striking consequence of the absence of a codified constitution in the United Kingdom is that the legislative powers of Parliament have never been set out in any definitive form. The Bill of Rights 168g, still the most important statute on the powers of Parliament, was primarily concerned co protect its rights against interference by the Monarch; among other things, it declared that it was illegal for the Crown to levy taxes without Parliamentary consent and to suspend the application of Parliamentary enactments. Other significant legislation, the Parliament Acts 1911-49, as we will see later in this chapter, removed the requirement that the House of Lords consent to legislation. But these statutes assume that Parliament is entitled to enact legislation, that is, rules of general application. They do not establish its right to legislate.
Government and Executive Power
Authors: Barendt Eric
Published: November 2023

IN modern constitutional democracies the executive is generally the most powerful of the three branches of government: legislative, executive, and judicial. The executive, or more precisely the government, for mulates and conducts foreign and defence policy, while it also effectively determines which measures are enacted by the legislature. In the United Kingdom, and in many other countries, the government is formed from members of the majority political party (or coalition of parties) represented in the legislature. In one sense the legislature, therefore, chooses the executive.
‘How Do We Know How It Really Is?’ An Analysis Of The New Industrial Relations
Authors: Beardwell Ian
Published: November 2023

The question which provides the title for this chapter is the question which the historian E. H. Carr posed for himself in the 1961 Trevelyan Lectures at Cambridge (Carr 1961); it is also the dilemma facing contemporary industrial relations analysis in seeking to explain the nature of the ‘new industrilal relations’ debate in Britain.
Studying Business and Politics
Authors: Moran Michael
Published: November 2023

The business firm is one of the most important institutions in modern industrial society. The giant enterprise in particular is a major – perhaps the major – allocator of society’s economic resources. It is also a great centre of power. The hierarchies of the firm subject numerous citizens to control – most obviously, over those who work in the enterprise, but also over suppliers and, in certain circumstances, over customers. The wider social impact of business activity – for instance in its effect on the physical environment – can shape the lives of all citizens, for better or worse.
The History of Business and Politics
Authors: Moran Michael
Published: November 2023

It is common to speak of the ‘historical background’ to the present, but in the case of business and politics, the phrase greatly understates the importance of the past. A country’s historical experiences are critical to its modern day institutions. Examining the historical development of systems of business, politics highlights their path dependent nature. ‘Path dependency’ does not mean that the past determines the present, but it does mean that it constrains the present – lays out some paths that are more likely than others to be followed, and provides forks in the road of change that rule out some choices later in time.
Business, Politics, and Society
Authors: Moran Michael
Published: November 2023

This chapter returns us to an argument which loomed large in Chapter 1: that to understand the political position of business we need to know more than the narrowly institutional arrangements under which business operates. In Chapter 1, we surveyed some of the most important competing theoretical positions about business power. What is striking about these is that they differ not only in their views of the institutional capacity of business to exercise power, but also offer competing views about the nature of the wider social and cultural context of business institutions. Evidently, it is not possible to have a theory of the power of business without having a view about its wider social and cultural setting.
Restless Democracy and Restless Capitalism
Authors: Moran Michael
Published: November 2023

‘Restless capitalism’ is the famous characterization of the economic system of advanced capitalism offered by Joseph Schumpeter: a ceaseless process of ‘creative destruction’, to use another of Schumpeter’s vivid phrases, where sectors, industries, and firms are destroyed and displaced by competitors through competition and continuous innovation (Schumpeter 1943/1976). But democracy is also restless. Two mechanisms help produce this: democratic politics are, in part, about the representation of powerful interests, so they are bound to reflect the struggles originating in the creative destruction of a capitalist economy; and since democracy is itself a competitive system, the very process of democratic politics destroys or weakens some institutions and interests, and strengthens others.
Academic Homage and Intellectual Genealogy: Inaugural Lecture at the College de France (1949-2003)
Authors: Waquet Françoise
Published: November 2023

Alain Girard in a survey on social success in France, pointed out that academics tend to lay great emphasis on the role of their masters. ‘They gladly pay homage to their masters. A general homage to all their masters. at the various stages of education, or a particular homage to one, who singled them out, or awoke their vocation, or more specifically supervised and helped them at a more advanced stage in their research. A feeling of gratitude, and sometimes almost of veneration, is perceptible in their responses ‘.
The Investigation Stage
Authors: Corker David , Parkinson Stephen
Published: November 2023

This chapter concerns the law on revelation of the product of criminal investigations conducted under the Criminal Procedure and Investigations Act 1996 (CPIA). By ‘criminal investigations’ is meant the stage leading up to post-charge disclosure to the defence under section 3 of that Act.
Disclosure of Unused Material in Summary Proceedings
Authors: Corker David , Parkinson Stephen
Published: November 2023

When the common law rules on disclosure were abolished and replaced by the new statutory scheme contained in Part I of the Criminal Procedure and Investigations Act 1996 (CPIA) the statutory intention was that, so far as possible after April 1997, the Act should govern in equal measure criminal investigations and prosecutions of summary trials and trials on indictment.1 The aim was largely achieved and consequently the differences which Part I created as between these two types of proceedings are small exceptions to this norm. Accordingly this chapter need only consider those statutory differences which peculiarly relate to summary proceedings. It follows from this that an adequate understanding of the law on disclosure of unused material in summary proceedings can only be gained through an understanding of the CPIA scheme in general.
Prosecution Duty to Disclose Unused Material
Authors: Corker David , Parkinson Stephen
Published: November 2023

Section 3(1)(a) of the Criminal Procedure and Investigations Act 1996 (CPIA) (amended by section 32 of the Criminal Justice Act (CJA) 2003) requires the prosecutor to ‘disclose to the accused any prosecution material, which has not previously been disclosed to the accused and which might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused’.
Defence Disclosure: Sections 5 and 6
Authors: Corker David , Parkinson Stephen
Published: November 2023

The most radical and controversial change to criminal procedure effected by the Criminal Procedure and Investigations Act 1996 (CPIA) was the novel requirement contained in section 5 that any defendant facing trial on indictment must serve a written defence statement on the court and prosecutor. The statement was to be served before the trial is scheduled to commence and had to contain information about the defence case. In relation to summary trials, section 6 provided for voluntary disclosure by the accused.
Public Interest Immunity
Authors: Corker David , Parkinson Stephen
Published: November 2023

A fundamental aspect of the right to a fair trial is that criminal proceedings (including procedural elements) should be adversarial, and that there should be equality of arms between the prosecution and the defence.1 The right to adversarial trial means that both prosecution and defence must be given the opportunity to have knowledge of, and comment on, the evidence and submissions of the other party,2 and all material evidence for or against the accused must be disclosed.
Trial Disclosure
Authors: Corker David , Parkinson Stephen
Published: November 2023

Section 5 of the Criminal Procedure and Investigations Act 1996 (CPIA) as amended by the Criminal Justice Act (CJA) 2003 Act is entitled ‘Compulsory Disclosure by Accused’. Section 6 is entitled ‘Content of Defence Statements’. Section 11, which was rewritten by section 39 of the CJA 2003, is entitled ‘Faults in Defence Disclosure’. These three sections are therefore inter-related. Whereas the rationale of sections 5 and 6 is to diminish an accused’s right of silence by imposing specific duties of defence disclosure, section 11 is concerned with exposing the accused to a risk of penalty at the trial for any failure of theirs to comply with their duty of disclosure under sections 5 and 6. Section 11 is only concerned with issues of disclosure which specifically relate to the trial.
Disclosure and the Court of Appeal
Authors: Corker David , Parkinson Stephen
Published: November 2023

Non-disclosure of relevant material by the prosecution to the defence before or during the appellant’s trial is a classic ground of appeal against conviction. This chapter concerns the approach of the Court of Appeal (Criminal Division) to such appeals where it is either accepted by the prosecution or found as a fact by the Court that the material ought to have been disclosed to the defence by the prosecution and accordingly this omission was a prosecution error.
Space-group symmetry
Authors: Shmueli Uri
Published: November 2023

The previous two chapters dealt with the geometrical properties of a three-dimensional point lattice, its admissible rotational symmetries and their classification in terms of point groups, crystal systems and Bravais lattices. The symmetry of an ideal, three-dimensional crystal, that is, a triply periodic (infinite) assembly of material units with an underlying point lattice, must be a combination of the translational and rotational symmetry of its lattice with the possible modifications that may result from the interaction between these two types of symmetry. We shall present a brief discussion of the algebraic and geometric properties of such combined symmetry operators, represent them in the framework of a crystal structure and present some examples of such derivations.
The Patterson function
Authors: Shmueli Uri
Published: November 2023

Early approaches to crystal structure analysis included extensive use of space-group symmetry, and trial-and-error methods. These approaches proved satisfactory when highly symmetric or very simple structures, characterized by a small number of structural parameters were of interest. However, quite apart from the obvious scientific aspects, it was soon realized that the real structures of interest were becoming more and more complex, and systematic approaches were clearly indispensable. The first such systematic approach to structure determination was put forward by Patterson (1934), and methods based on this approach are still in use to this very day, especially in the solution of structures of macromolecules. This chapter is devoted to an introduction to Patterson techniques and their recent ramifications.
Later years and writing
Authors: Ashton Rosemary
Published: November 2023

The Leweses, now comfortably off thanks to Marian’s earnings, searched for a larger house. They found The Priory near Regent’s Park. Lewes’s friend, the designer Owen Jones (chief designer of the Crystal Palace), was commissioned to decorate the living rooms at consider- able expense, and in November 1863 the Leweses moved in and entered on a splendid style of living. Here at The Priory they soon began to hold regular Sunday afternoon parties for friends and visitors, including Darwin, Huxley, Spencer, Henry James, and the artist Frederic Leighton, who illustraded Romola.
King George and Pitt the Younger
Authors: Cannon John
Published: November 2023

The pivotal position in the ministerial crisis of autumn 1783 was that of young William Pitt, who had been sounded out in the spring, but had declined to form a ministry. Ironically, this meant that the king’s hopes of rescue depended upon the Grenvilles—since Temple was Pitt’s first cousin and the son of George Grenville—the very people he had detested in the 1760s. But one diﬃculty was that the king was uncertain to what extent Pitt felt himself pledged to further measures of economical reform and to parliamentary reform—his maiden speech in 1781 had, after all, been made on the need to reduce the influence of the crown. The opportunity for which the king had waited came with the decision of ministers to bring forward an India Bill, yet another attempt
Subwavelength imaging
Authors: Solymar L , Shamonina E
Published: November 2023

The subject of metamaterials started with Veselago’s (1967) introduction of negative refractive index and his simultaneous proposal for a flat lens. We have already discussed the flat-lens family in Section 2.11.4. Its characteristic feature is the existence of a focus inside the lens. The basic principle of its operation has already been shown in Fig. 2.24; for convenience it is shown again in Fig. 5.1. The essential requirement is that the index of refraction is n = 1. The ray trajectories follow then in the geometrical optics approximation. A focal point is brought to a focal point and an object in the object plane is reproduced perfectly in the image plane. This is an obvious advantage of the flat lens. It has no optical axis. A simple illustration in Fig. 5.1 shows an object consisting of three points in the object plane that is perfectly reproduced. At the same time we need to mention a serious disadvantage of the flat lens. It can work only at a single frequency because the n = 1 condition is very strongly frequency-dependent. In traditional imaging language this means that the flat lens has very large chromatic aberration.
Phenomena in waveguides
Authors: Solymar L , Shamonina E
Published: November 2023

The term waveguide is often used in a general sense meaning a structure that guides a wave from point A to point B. Some waveguides are open; the fields may extend to a considerable distance away or they may be closed, confining the fields to the interior of the waveguide. Both varieties will be discussed in the present chapter. For experiments on metamaterials it is an advantage to confine the waves. This was the reason, for example, why in the first experiments showing negative refraction (Shelby et al., 2001a), the waves propagated between metal plates (see Fig. 2.34).

The waveguides discussed fall into two categories: they have either some special features or have device applications. In Section 6.2 the special feature is that under certain well-defined circumstances waves may propagate in a hollow waveguide (see Section 1.5) below their cutoff frequency. In Section 6.3 we shall present filters using metamaterial elements in coplanar and strip waveguides. Section 6.4 is concerned with phase shifters, Section 6.5 with couplers. In Section 6.6 we look in some more detail at the 2D experiments of Grbic and Eleftheriades (2004) where microstrip waveguides loaded by lumped elements are used for demonstrating subwavelength imaging.
Magnetoinductive waves I
Authors: Solymar L , Shamonina E
Published: November 2023

Magnetoinductive (MI) waves have come about as a by-product of the research on metamaterials. The magnetic elements used in the first realization of negative refraction by Shelby et al. (2001a) were split-ring resonators that could be modelled (Marques et al., 2002c) as LC circuits, provided the dimensions are small relative to the free-space wavelength.

We shall also assume, as we have done so far, that the separation of the elements is also much smaller than the wavelength. This is often referred to as the quasi-static approximation.

The simplest realization of an LC circuit as a metamaterial element is a capacitively loaded loop, shown schematically in Fig. 7.1(a). Two such loops close to each other are coupled to each other due to the magnetic field of one loop threading the other loop and inducing a current in it (Fig. 7.1(b)).
Habeas Corpus
Authors: Supperstone Michael QC , Knapman Lynne
Published: November 2023

There are three current forms of the writ of habeas corpus: habeas corpus ad subjuciendum—used to challenge the validity of a detention; habeas corpus ad testificandum—used to bring a prisoner before a court to give evidence; and habeas corpus ad respondendum—used to cause a prisoner to be brought forth to answer criminal charges. The writ is a prerogative one obtainable by its own particular procedure set out in CPR, Sch 1; RSC Ord 54 and Practice Direction—Sch 1, Ord 54 (Application for Writ of Habeas Corpus). The writ has its origins in common law, although the common law rules have been supplemented by a number of statutes, such as the Habeas Corpus Acts of 1640, 1679, 1803, 1804, 1816 and 1862.
Changing Concepts Of Ownership In English Law During The Nineteenth And Twentieth Centuries: The changing idea of beneficial ownership under the English trust
Authors: Watkin Thomas Glyan
Published: November 2023

Writing at the start of the 1960s, the future Regius Professor of Civil Law in the University of Oxford, AM Honore, described ownership as the ‘greatest possible interest in a thing which a mature system of law recognizes’.1 Although the jurists of ancient Rome never ventured to give a definition of the concept, it was widely believed throughout the nineteenth century that Roman law allowed owners virtually unlimited powers over their property, a concept of ownership which has come to be regarded as absolute.2 Roman owners are sometimes said to have enjoyed the iusutendi, fruendi, abutendi over their property, that is the right to use it, to take its fruits, but also to abuse or even destroy it.
Background
Authors: Kruger Thalia
Published: November 2023

Before turning to the substance of this book, it is necessary to examine briefly some general background issues. First, one must bear in mind that the rules discussed emanate from the European Union and are now entrenched in EU legislation. This chapter gives an overview of the development of European private international law, of which civil jurisdiction is a part, and analyses the general scope of the EU civil jurisdiction rules. The relationship that these rules have with conventions on specifi c matters, and with the Lugano Convention, is of importance for third States and deserves some attention.
Construction of Commercial Contracts: A Practitioner’s Perspective
Authors: Calnan Richard
Published: November 2023

It was a privilege to attend the Oxford Colloquium on Contract Terms, to read the papers and to listen to the debate between judges, academics and practitioners about the issues raised, particularly the construction of contracts. It would have been unthinkable, even ten years ago, for such a gathering to discuss these issues. Even now, they are rarely considered in undergraduate contract courses, but they are the very lifeblood of commercial law. It is to Andrew Burrows’ great credit that a Colloquium was held on this topic. It was his brainchild and he directed proceedings in such a way that the Colloquium was much more than just the sum of its parts. It was also very encouraging to see a mix of academics and practitioners discussing these topics; at Oxford, Andrew Burrows has taken over Roy Goode’s mantle in encouraging debate between academics and practitioners on matters of mutual interest.
Whither Contra Proferentem?
Authors: Peel Edwin
Published: November 2023

This chapter was prompted by remarks made by Lord Hoffmann in Investors Compensation Scheme Ltd v West Bromwich Building Society and Bank of Credit and Commerce International SA v Ali. >In the ICS case, in the course of his ‘restatement’ of the principles of interpretation, he commented that ‘almost all the old intellectual baggage of “legal” interpretation had been discarded’. This, together with his further comments in the BCCI case,4 may question whether it is time to discard the rule of contra proferentem, at least so far as it is applied to exemption clauses. It is that question with which this chapter is principally concerned. The answer is sought by reconsidering what is meant by contra proferentem, its justification, if any, and the function and effect of exemption clauses.
Exclusion and Limitation Clauses in Business Contracts: Transparency
Authors: Beale Hugh
Published: November 2023

In 2005 the Law Commission and the Scottish Law Commission published a joint report on Unfair Terms in Contracts. Its principal recommendations were that the Unfair Contract Terms Act 1977 (UCTA) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) should be replaced by a single piece of legislation, and that it should be possible for very small businesses to challenge unfair standard terms in broadly the same way that consumers can under the current law. For other business-to-business (B2B) contracts the proposed legislation largely replicates UCTA, with one simplification.
Contractual Agreements on Choice of Law: Some Notes Towards an Understanding of their Relative Effect
Authors: Briggs Adrian
Published: November 2023

The commercial conflict of laws has, in recent years, been dominated by two apparent pressures. The first is the way in which issues of jurisdiction—the question of where a trial will eventually take place if it takes place at all—have asserted primacy of place. Whether within the common law, or in the form of legislation, formerly promoted and now made, by the organs of the European Union, it is now clear that the jurisdictional battle is frequently the only one worth fighting. The second is the way in which those European organs see the conflict of laws as a field in which the grey, grim process of legal harmonization may be pushed to new limits without significant objection from within the Member States.
Wind Power in Canada
Authors: Duff* David G , Green* Andrew J
Published: November 2023

Canada is endowed with excellent wind power resources in many parts of the country—with average wind speeds at a height of 50 metres exceeding 7 metres per second in all coastal areas, the Great Lakes, southern Alberta and Saskatchewan, and much of the North.1 Not with standing these resources, Canada lags well behind many other developed countries in terms of installed wind power capacity and the contribution from this source of energy to national electricity generation.
Tax Incentives To Renewable Energy Sources In Malaysia: A Critical Appraisal
Authors: Ansari * Abdul Haseeb
Published: November 2023

Environmental taxes are supported for protecting the environment and mobilizing fi nancial resources. They are, thus, known as double dividends. One best use of the money generated through these taxes may be funding endeavours of conservation of the environment and protecting its processes. These taxes are also supported because they aim to substitute taxing ‘bad’ from ‘good’, ie, taxing polluting activities and exempting labour and investment.
Carbon Dioxide Emission Allowance Allocation Mechanisms, Allocative Effi ciency, and the Environment
Authors: Weishaar Stefan
Published: November 2023

Since 1991 the European Commission has taken various climate-related initiatives to limit carbon dioxide (CO2) emissions and improve energy effi ciency. Measures included the promotion of electricity from renewable energy, voluntary commitments by car makers and proposals on the taxation of energy products. In order to meet the European greenhouse gas1 reduction goals committed under the Kyoto Protocol,2 the European Commission launched the European Climate Change Program me (ECCP). The ECCP aims at identifying and developing all necessary elements to implement the Kyoto Protocol,3 and to attain the committed average annual reduction of 8 per cent below 1990 levels during the years 2008 to 2012 (binding upon the old 15 EU Member States).
Environmental Taxation: A Tool to Advance Eco-Justice?
Authors: Lockhart Julie A
Published: November 2023

Various governments, non-government organizations, and individuals around the world are grappling with fi nding workable solutions to the increasingly serious environmental problems around the globe. At the same time, others are grappling with how to solve the problems of the world’s poor populations in an effort to create a more socially just world. A potentially powerful market-based tool for improving the environment—environmental tax policy—does not necessarily address issues of social justice. Yet environmental problems cannot be adequately addressed without also looking at the impact poor populations have on the environment, for example from deforestation practices to meet their basic needs. Equally essential is looking at the impact that an unhealthy environment has on the poor and disadvantaged peoples of the world.
Environmental Taxation of Fertilizers in Europe: Policy Design, Outcome, and Future Potential
Authors: Söderholm Patrik , Christiernsson Anna
Published: November 2023

Although the use of market-based environmental policy instruments such as taxes and charges has become more prevalent in recent years, the role of environmental taxes and charges in the OECD area is still limited. About 6 to 7 percent of the total tax revenues are environmentally related and over 90 per cent of the environmentally related taxes are applied within the energy and transport sectors.1
Disability Discrimination in Employment
Authors: Keen Spencer , Oulton Richard
Published: November 2023

There have been sweeping changes to disability legislation in recent years. Disability Discrimination in Employment considers the impact of the Disability Discrimination Act 2005 which gives disabled people greater employment rights and protection, and also requires public bodies to promote equality of opportunity for disabled people. The authors also analyse the additional guidance on the definition of disability which came into force in May 2006 to update the 1996 guideline, as well as the effects of the Equality Act 2006 and the Equality and Human Rights Commission. Disability Discrimination in Employment is an invaluable guide for employment lawyers. Written for those advising both claimants and respondents, it provides a clear, accessible and thorough account of this complex area of law. Incorporating the most recent legislative changes and case law, this guide is a useful tool for those practising in the tribunal as well as for those providing non contentious advice. This book provides a comprehensive, practical and up to date overview of litigating discrimination claims in the employment tribunal, the Employment Appeal Tribunal, and the Higher Courts.The authors analyse the important cases which cover issues such as: general guidance on the approach to disability discrimination cases; mental impairments; compensation in disability claims; and reasonable adjustments and knowledge. Disability Discrimination in Employment provides a lucid distillation of the concepts set out in the legislation and allows practitioners quick access to key cases and materials. Invaluable practical advice, checklists, information on relevant procedural rules, and useful precedents are presented in a clear and accessible format alonside the relevant legislation and case law. As well as being extensively cross-referenced throughout each chapter contains a useful summary of the law, a list of relevant cases, a list of statutory provisions and references to the Code of Practice and Guidance. The appendices contain a copy of Part II of the Disability Discrimination Act 1995 marked up to show the legislative changes as well as copies of the Guidance and the Code of Practice.
The Duty to Make Reasonable Adjustments
Authors: Keen Spencer , Oulton Richard
Published: November 2023

The duty to make reasonable adjustments aims to remove impediments that prevent disabled persons from integrating fully into the workplace. It reflects a social model of disability in which functional limitations arising from a disability do not necessarily restrict a disabled person’s ability to participate fully in society; rather, environmental factors such as the format of a building or an employer’s working practice lead to the disabled being unnecessarily disadvantaged. The DDA 1995 does not prohibit indirect discrimination. Instead, the reasonable adjustments duty requires employers and others to make reasonable adjustments where any of their ‘provisions, criteria or practices’ place a disabled person at a substantial disadvantage when compared with non-disabled persons. Although the duty only requires adjustments to be made if they are reasonable, it will require employers to take positive action for disabled people that they would not be required to take for others.
Disability-Related Discrimination
Authors: Keen Spencer , Oulton Richard
Published: November 2023

‘Disability-related discrimination’ is the shorthand expression used in the 2004 Code of Practice (and widely adopted elsewhere) when referring to the form of discrimination set out in DDA 1995, s 3A(1). Unlike the other equality statutes, there is at present no tort of indirect discrimination under the DDA 1995. Nor, when it was first enacted, was any provision made for direct discrimination. The intention was that ‘disabilityrelated discrimination’ would be broad enough to encompass both. This purpose was to be achieved by making it unlawful to discriminate against disabled people not only on the ground of their disability, but also for a reason related to their disability. Disability-related discrimination was, therefore, said to distinguish less favourable treatment which amounts to direct discrimination from a wider class of less favourable treatment which, although not amounting to direct discrimination, was nevertheless unlawful.
Harassment
Authors: Keen Spencer , Oulton Richard
Published: November 2023

The 2003 Regulations, which came into force in October 2004, made harassment for a reason related to disability unlawful. Before October 2004, claimants who were subjected to harassment had to make a claim under one of the other sections of the DDA 1995. Harassment under the DDA 1995 is not a form of discrimination but is unlawful in its own right. A remedy for harassment may also be claimed in the civil courts under the Protection from Harassment Act 1997. Although this chapter is chiefly concerned with the prohibition of the harassment of employees under the DDA 1995, it will briefly discuss claims under the PHA 1997 and compare the advantages and disadvantages with proceeding in the tribunal or the civil courts. The definition of harassment in the DDA 1995 mirrors the definitions in both the SDA 1975 and the RRA 1976. There are no reported cases dealing with harassment under the DDA 1995 and most of the case law on harassment concerns sexual harassment. Although the relevant provisions of the SDA 1975 were amended with effect from 6 April 2008 by the Sex Discrimination Act 1975 (Amendment) Regulations 2008, the pre-amendment SDA 1975 case law provides useful guidance on the interpretation of the harassment provisions of the DDA 1995. References in this chapter to the SDA 1975 are, therefore, references to the SDA 1975 before its amendment by the Sex Discrimination Act 1975 (Amendment) Regulations 2008.
Hydraulic Resistance And Compliance
Authors: Bruus Henrik
Published: November 2023

The concept of hydraulic resistance is central in characterizing and designing microfluidic channels in lab-on-a-chip systems. In this chapter we study both fundamental and applied aspects of hydraulic resistance. We also introduce the concept of compliance, i.e. change in volume as a function of pressure, which is the hydraulic analogue of electrical capacitance. Just as electrical resistance is intimately connected to dissipation of energy in the form of Joule heating, hydraulic resistance is due to viscous dissipation of mechanical energy into heat by internal friction in the fluid.
Capillary Effects
Authors: Bruus Henrik
Published: November 2023

One of the characteristic features of microfluidics is the dominance of surface effects due to the large surface to bulk ratio on the micrometer scale. A prominent class of surface effects are known as capillary effects, named after the latin word capillus for hair, since, as we shall see, they are particularly strong in microchannels having bore diameters equal to or less than the width of a human hair, which is about 50 µm.
Magnetophoresis
Authors: Bruus Henrik
Published: November 2023

Magnetophoresis (MAP) is the magnetic analog to dielectrophoresis (DEP). Particles possessing either an induced or a permanent magnetization M can be moved around inside a microfluidic channel by applying an external, inhomogeneous magnetic field H. Whereas the dielectric response of virtually all materials is strong enough to allow for dielectrophoretic effects, the magnetic response is often too weak for most materials to make magnetophoresis happen. In fact, one must often carefully prepare a given sample by attaching magnetic particles before launching it into a MAP device. However, this seemingly annoying feature is actually the strength of MAP, because it ensures full control over which part of a sample is subject to MAP. In DEP devices the strong dielectric response of both target and auxiliary particles can clutter the functionality of the device and make the DEP device difficult to operate.
Introduction
Authors: Dowling Grahame
Published: November 2023

The central argument of this book is that if your company has a good image and reputation, then it can always be used to support the organization’s business activities. If your company has a poor reputation, then it pays to improve it. Many senior managers (especially chief executive officers-CEOs and chief financial officers-CFOs) ask whether there is any hard evidence to support a relationship between a better corporate reputation and enhanced financial performance. The less polite managers just say: ‘prove it!’ Until recently, the answer involved relying more on anecdotal than on scientific evidence. However, because Fortune business magazine has conducted corporate reputation surveys now for more than a decade, there are sufficient data to conduct some scientific studies.
Corporate Reputation Value: Good Really is Better Than Bad
Authors: Dowling Grahame
Published: November 2023

This dilemma was illustrated in the bank’s pricing policy. Every time the cost of funds changed in the wholesale market the bank and its three major competitors passed on the change to their retail customers. When the cost of funds fell, the bank lagged behind the others by a few days, and when it rose this bank was one of the first to pass on the extra charge. Thus it gained as much as it dared relative to its competitors. There are two problems with this strategy. First, the bank’s customers were not fooled. Existing (loyal) customers felt a little cheated and new, price-sensitive customers went to a competitor until the rates equalized. Second, many employees felt that the bank should follow the customer-focused sentiment expressed in its Vision Statement and pass on any saving as soon as possible. The net result of this strategy was that short-term profits were up, customer satisfaction fell slightly, and some employees were concerned about the balance between profit and customer welfare.
Vision and Mission: The Soul of Corporate Reputation
Authors: Dowling Grahame
Published: November 2023

In some organizations managers articulate a clear vision that is noticeable even to an outsider. In others, the visitor may see a copy of a vision statement but struggle to find any evidence that employees believe in its sentiments or have even read it. Vision statements per se are unimportant. A core component of leadership style is having a clear sense of vision that the leader can communicate throughout the organization. A sense of vision is also a vital factor in creating a strong image among managers and employees. Organizations that have vision can inspire a high level of commitment among their employees that can spill over to affect external stakeholders. It may also have a financial pay-off, as Exhibit 4.1 suggests.
Formal Company Policies: The Guiding Hands
Authors: Dowling Grahame
Published: November 2023

In Chapter 4 I focused on the soul of corporate reputation. Here I discuss the role of strategy, structure, and business systems in shaping an organization’s reputation. Simply stated, the development of a strong set of corporate images and reputations is driven in large part by the formal policies used to manage the organization. Much of what has recently been written about the management of complex organizations, however, is faddish. Concepts such as benchmarking, outsourcing, relationship marketing, strategic partnerships, and total quality management are just new names for what has always been a sound business practice. Other advice to managers to make radical changes to change their current operational procedures (such as by business process re-engineering) and structures (by flattening the organization structure) with new, untried alternatives is at best unproven and at worst dangerous to corporate health and wealth.
Managing and Changing Corporate Images: It Can Be Done
Authors: Dowling Grahame
Published: November 2023

We have now reached the moment of truth. Is it possible to actively manage the information stakeholders use to form their images and reputations of an organization? As the title of this chapter suggests, the short answer is yes. The title also suggests that you try to change the images people hold, not their reputations. Recall that the reason for this is that it is unlikely that you can change people’s basic values. What you can do is to try to change their perceptions and beliefs, and/or link these to the current values of stakeholders.
Work and Collective Organization
Authors: Supiot Alain
Published: November 2023

The far-reaching changes witnessed in the way companies organize work right across the European Union have been prompted by the move away from a production-based economy towards an economy where the services sector rules, by technological progress, and by market globalization. These same changes have a crucial impact on the coHective organization of labour relations and on the legal mechanisms governing worker representation, action, and collective bargaining. New groups of workers have joined the labour market and there is now a need to examine employment and labour problems as a whole and not just from the traditional standpoint of the subordinated worker. These factors, together with the way the single market will work once the EMU is in place and the euro becomes the common currency, are creating new frameworks for collective representation. All in alt the social and cultural modifications that have been triggered by these changes require a dynamic response so that collective representation can be brought into line with this transformation, thereby avoiding any discrepancy between the current and future needs of work organization and the industrial model of labour relations on which the collective organization of work has been built.
Labour Law and Economic Performance
Authors: Supiot Alain
Published: November 2023

The uncertainty which surrounds the economic context of market, production, and work, brought about by swiftly evolving market situations, the changeability and diversity of demand, and continued innovation in processes and products is undeniably the new dimension, with many implications. This should not, however, lead us to the conclusion that European economies are about to swing from the Fordist model of mass production, based on the management of foreseeable risk, towards a model defined by uncertainty. We are entering an era of diversity which affects products, services, work, methods of co-ordination, and efficient production models (a diversity made possible by the accelerated development and application of information technologies) (Salais and Storper 1997). Globally speaking, this implies that we should think of the development of collective economic frameworks in terms of co-ordination, rather than of strict regulation.
The Earliest Oxford Supplication List for Papal Provisions
Authors: Courtenay William J
Published: November 2023

In the late 1320s Adam Murimuth (DCL Oxon.), then canon of St Paul’s in London and for almost two decades a successful proctor at Avignon for king, Canterbury, and his alma mater, chronicled events that occurred earlier in his career. One of these, which he mentioned in passing for 1317, was the submission of supplication lists (rotuli) through which the universities of Paris and Oxford, respectively, petitioned the pope for benefices and prebends. The practice of papal supplications, which began in the first pontifical year of John XXII, 1316-17, became the single most important source for benefice and prebend income for university masters in the course of the century. A. B. Emden, in compiling biographical information from the Calendar of Papal Letters edited at the end of the nineteenth century from the parchment registers (Registra Vaticana) in the Vatican Archive, realized that several letters from July 1317 were the result of a papal petition by the University of Oxford.
Enlightenment and the University: Philosophy, Commnunication, and Education in the Early Writings of David Hurne
Authors: Finlay Christopher J
Published: November 2023

Since E. C. Mossner and John V. Price published their edition of David Hume’s Letter from a Gentleman in 1967, historians have been asking why the university at Edinburgh rejected Hume as candidate for the chair in moral philosophy in 1745. Mossner and Price forwarded the view that Hume’s failure to obtain the chair at Edinburgh was largely the result of parochial politics. This view has been lately reinforced by Roger Emerson.2 However, as Richard B. Sher argues, part of the reason for Edinburgh’s rejection of the philosopher’s candidacy arose from scruples over the nature of Hume’s philosophical project, his approach to moral philosophy, and his disagreement with Francis Hutcheson in this respect. It seemed to the administration of Edinburgh university, and also, significantly, to Hutcheson at Glasgow, that Hume had already developed his philosophy in a way which was incompatible with the role that they had defined for moral philosophy in education.
‘The First Blast of the Trumpet’: John Stuart Blackie and the Struggle against University Tests in Scotland, 1839-53
Authors: Wallace Stuart
Published: November 2023

In the first half of the nineteenth century British universities were still regarded as branches of the established churches of England and Scotland. University College, London (1828), and the examining University of London (1836), were the only exceptions until the foundation of the Queen’s University of lreland in 1850 and Owens College, Manchester in 1851. The University of Durham (1832), King’s College, London (1831), and St. David’s College, Lampeter (1827) were all Anglican foundations. Cambridge was heavily clerical, Oxford even more so: virtually all heads of houses and tutors were clergymen, and most undergraduates intended to be clergymen. Both ancient universities enforced attendance at chapel and applied a religious test-Oxford on students entering the university, Cambridge on those graduating. The Scottish universities, by contrast, did not apply a religious test to their students (also true of Trinity College, Dublin from 1794), even if many of them intended to enter the Church of Scotland as ministers (at Aberdeen in the 1850s some 40% to 48% of entrants). A religious flavour was entirely absent, however. Lectures often opened with a prayer, and at Glasgow a thinly-attended ‘college service’ managed, just, to survive moves to abolish it in 1844. Nevertheless, compulsory chapel could not be a feature of the non-residential Scottish system. Nor were there university officials to enforce student discipline extramurally. This distinctiveness of Scottish universities was underlined by Thomas Macaulay (at the time MP for Edinburgh) when he told Parliament in 1845, ‘a Jew might there be a master of arts or doctor of medicine … If a Principal at the University of Edinburgh were to meet one of the students drunk in the streets, it does not belong to his office to interfere or to punish’.
Principles In General
Authors: Andrews Neil
Published: November 2023

Some procedural principles can be regarded as ‘constitutional’ because they involve fundamental procedural guarantees. Other principles can be described as ‘leading principles’. I have adopted this division both because it will be widely recognized in the international field of civil procedure and because it eases presentation. Thus Chapters 4 and 5 are devoted to fundamental procedural guarantees. It should be considered in conjunction with the increasing penetration of English civil procedure by Article 6(1) of the European Convention on Human Rights. Article 6(1) is considered in Chapter 7. Chapter 6 is devoted to the large residue of leading principles.
Guarantees Concerning The Court’s Composition
Authors: Andrews Neil
Published: November 2023

As mentioned in an earlier chapter, procedural principles can be arranged under the headings of ‘fundamental procedural guarantees’ and ‘leading principles’. This and the next chapter are concerned with such guarantees. As for ‘leading principles’, these will be examined in another chapter. All discussion of procedural guarantees and principle must now be considered in conjunction with Article 6(1) of the European Convention on Human Rights, which is exerting a growing influence upon English civil procedure. References to Article 6(1) throughout this book are legion. In addition, that provision and its extensive jurisprudence are separately discussed in Chapter 7.
The Wider Framework Of Civil Jus
Authors: Andrews Neil
Published: November 2023

These are the ‘bed-rock’ of a just society which is run on democratic principles. Terra firma is taken for granted until we are all at sea. So lawyers can conclude their careers in England without questioning, indeed noticing, that these matters underlie the whole enterprise of civil courts and civil justice. Equally, there is a danger of complacency in assuming that these are perennial and sacrosanct features of the legal landscape.
Limitation Of Actions
Authors: Andrews Neil
Published: November 2023

The system of limitation of actions rests on matters of policy. First, it is unfair, intimidatory and uncivilized for potential defendants to be threatened by possible proceedings for too long. They should be allowed to get on with their lives, or commercial or governmental activity. Secondly, stale legal claims tend to bring the system of civil justice into disrepute. A long interval between the relevant events and commencement of proceedings reduces the chance of any court penetrating to the factual core of a dispute. In the meantime witnesses might have died, disappeared, or forgotten the relevant events.
Case-Management And Judicial Discretion
Authors: Andrews Neil
Published: November 2023

The best law is that which leaves least to the discretion of the judge, and the best judge is he who leaves least to his discretion. (Sir Francis Bacon). . . the discretion of a judge is the law of tyrants; it is always unknown; it is different in different men; it is casual, and depends on constitution, temper and passion. In the best it is very often caprice, in the worst it is every vice, folly and passion to which human nature is liable.