bluuebunny/crossref_metadata_2025 huggingface dataset:
Distribution of Imported Products: The Case of Automobiles
Authors: Wakasugi Ryuhei
Published: November 2023

After the sharp increase in the value of the yen in 1985, there was a dramatic increase in the volume of foreign products imported into Japan. The increase in imports covered a variety of products ranging from consumer durables like automobiles, electric appliances, and textiles, to intennediate materials like steel and cement Imported goods are delivered to Japanese customers through various types of distribution channels. With some products, long-term relationships between manufacturers and distributors are established, but not with others. In this chapter I focus on the distribution of automobiles imported into Japan, an example of distribution based on long-term manufacturer-distributor relationships.
Agricultural Cooperatives in Distribution
Authors: Saeki Naomi , Yasaka Masamitsu
Published: November 2023

The distribution system in Japan has often been criticized as being complex, irrational, and hard to understand. This is conspicuously so in the area of agricultural distribution. One major cause of this criticism stems from the way that the network of agricultural cooperatives (a three-tier fedemtion, as explained in detail below) maintains an enormous influence over the agricultural distribution system. In Japan, these cooperatives are co11ectively the largest distributor of agricultural products, exerting tremendous influence over the agricultural industry and strikingly more powerful organizing ability than any counterparts in Europe or the U.S. Not only do they have a high market share in the sales of agricultural production materials and everyday goods to farmers, but also in the credit and insurance business. For instance, the total sales of the local agricultural cooperatives (their activity is conducted on town or county level) which manage these comprehensive business operations increased more than five times, from 1,242.5 billion yen in 1965 to 6,411.3 biHion yen in 1990. The total value of their purchases also increased eight times, to 5,000 billion yen during the same period. The cooperatives have established themselves in a firm position at the core of their members’ financial activities as wen as being one gigantic distributor. The agricultural distribution system is unthinkable without the cooperatives.
Professionalization, Organization, and Control
Authors: Collins Michael , Baker Mae
Published: November 2023

The demise of private commercial banks and the emerging dominance of large-scale banking companies were major factors in the professionalization of banking. From the banks’ perspective, growth in the size of individual banks—in the business being conducted and in the number of staff employed—necessitated radical changes in their methods of maintaining control over the quality of their products and (given that the nature of their business involved the handling of other people’s money) over security. This chapter examines such changes from two different, but interrelated, perspectives: the professionalization of banking, and the development of internal controls on the lending process.
The Nature of Commercial Banks’ Industrial Loans
Authors: Collins Michael , Baker Mae
Published: November 2023

This, and the following two chapters present empirical results on the nature of the relationship between commercial banks and industrial customers, results which are based on archival research. In assessing the significance of our findings to the historical debate over the role of banks in British economic development—and, indeed, to the debate about the relative merits of British and continental banks—we believe it will be useful to keep in mind the discussion in Chapter 3 on transaction banking. It was argued there that, in theoretical terms, transaction banking was one rational approach that could be adopted by banks in coping with difficulties of asymmetric information, problems of adverse selection, and dangers of debtor default—all inherent hazards for creditors when making loans to the industrial sector. A transaction banking approach would seek to limit costs incurred in the screening and monitoring of business loans and would try to maintain the liquidity of the banks’ loan books in a banking system with large-scale deposit liabilities subject to little or no notice of withdrawal.
Business Clients’ Financial Distress
Authors: Collins Michael , Baker Mae
Published: November 2023

This chapter focuses on the nature of bank support during the most adverse of conditions facing industrial firms. It presents the results of an empirical analysis of the reactions of the English commercial banks during episodes of financial distress suffered by their industrial clients. We are concentrating on such episodes for what they reveal of the two central, interrelated features of bank-industry relations in the pre-1914 period: the screening, monitoring, and control procedures adopted by the banks for industrial loans; and the nature and extent of bank–client commitment in difficult times. In particular, we believe an examination of bank behaviour during such periods of financial distress will provide a further means of identifying the limits to which English commercial banks were prepared to support industrial firms.

We have emphasized throughout the book that a fundamental uncertainty in bank lending concerns the possibility of borrower default, and how a bank can safeguard its own (or more strictly its depositors’ and shareholders’) money.
Conclusion
Authors: Collins Michael , Baker Mae
Published: November 2023

In this book we have made an explicit attempt to bridge the divide that is often all too apparent between, on the one hand, grandiose hypotheses about the relationships that are said to have existed between finance and industry in the late Victorian and Edwardian world and, on the other, the results of detailed business histories of British enterprises. Often empirical verification of such hypotheses—to the extent that it is attempted at all—is of a general nature only; and, where more specific research into banking or industrial business history has been undertaken, the historical data and results have been somewhat piecemeal. This study has tried to sharpen the focus by looking at just one core financial institution and, at the same time, to deepen the empirical basis of that investigation.
Causation
Authors: Weir Tony
Published: November 2023

Damages are due to the victim only if the harm was due to the tort-feasor. The harm must be the effect of the defendant’s misconduct. Causation must be established. Insurance companies certainly have to pay for losses which they haven’t caused, but that is because they promised to pay if such losses occurred. Likewise, the social security office must pay the statutory invalidity benefit, though the state didn’t invalidate the recipient, but that is because the statute so provides. But you cannot claim damages from a defendant in tort unless he is responsible for the loss in question, and he is not responsible unless he (or someone for whom he must answer) can be said to have been a cause of the loss. As we have seen, a defendant is not liable in negligence if his conduct was reasonable, or if he was under no duty of care, but even a flagrant breach of duty will not render him liable unless that breach played a part in the occurrence of the harm of which complaint is made. Thus an employer who was clearly in breach of his duty to make safety belts available to his employees was not liable for the death by falling of a steel erector who would certainly not have worn a belt had one been dangled in front of him (the problem arising if he might have worn the belt but would probably have chosen not to is considered later).
Vicarious Liability
Authors: Weir Tony
Published: November 2023

Although most torts are committed by individuals, almost all damages are paid by companies, usually employers or insurers: individuals are rarely worth suing unless they are either employed or insured. Insurance against liability is compulsory for motorists and also, in respect of injury to their workforce, for employers. This deals with two of the main sources of tort claims, traffic, and industrial accidents. Furthermore, people often take out liability-insurance of their own accord and for their own protection: employers generally have insurance against liability to the public, and many householders have policies which cover them and sometimes also the members of their household against liability to third parties. This helps to explain the frequency of claims under the Occupier’s Liability Act 1984. There is one important distinction between employers and insurers as regards their liability: whereas the employer can be sued directly at common law and his liability is regarded as part of tort law, the victim has no common law claim against the tort-feasor’s insurer and has a statutory claim only if he has first obtained judgment against the tort-feasor himself. The insurer’s role is consequently often overlooked.
Nuisance
Authors: Weir Tony
Published: November 2023

The tort of trespass vindicates rights, as we have seen, and the tort of negligence offers damages as compensation for harm. The tort of nuisance does both: it can be invoked whether you are complaining that a fire from next door destroyed your house or that the noise infringes your right to sleep. This dual role does not make nuisance any easier to under- stand, given that rights must be protected even if no damage has been suffered and no fault committed, whereas harm is generally compensable only if due to fault of some kind. Accordingly, the question whether liability ‘in nuisance’ is strict or not is one which can be endlessly and pointlessly debated.
Defamation
Authors: Weir Tony
Published: November 2023

It is sometimes useful to consider tort cases in the light of the relative values involved. When the law imposes liability on a person, it normally does so because it places a lesser value upon his activity, or his method of conducting it, than on the interest of the victim affected by it: the liberty of the arrested suspect or peace-breaker yields to the proper enforcement of law and order, whereas the security of the vulnerable pedestrian on a marked crossing is regarded as more important than the motorist’s interest in belting down the road in his metal carapace.
Economic Torts
Authors: Weir Tony
Published: November 2023

We have seen that if purely economic harm is unintentionally caused, the victim has considerable difficulty in obtaining damages ‘in negligence’, at any rate as compared with the claimant complaining of injury to person or property: while one is certainly under a duty to respect the integrity of one’s neighbour’s body and property, there is in general no liability for merely unreasonable conduct which causes harm to his pocket only. But what is the law to do when the economic harm is intended by the defend- ant, or virtually certain to occur as a result of his deliberate conduct? The question of policy is not easy to answer. On the one hand, it seems morally objectionable to wish to visit harm of any kind on a fellow citizen, yet on the other, the economic field is one where liberty of action may well conduce to the public good, and practical considerations suggest moderation in constraining it by too ready an imposition of liability. It is therefore perhaps unsurprising that in English law the answer is far from simple.
Not Universalists, Not Pluralists: The New Cosmopolitans Find Their Own Way
Authors: Hollinger David A
Published: November 2023

Within the past five years, a host of initiatives in critical and democratic theory have been launched under the old sign of cosmopolitanism. The symposium, ‘Cosmopolitanism Then and Now’ published in a recent issue of Constellations (March 2000) is but one of a flurry of relevant happenings in the quarterlies. The Partisan Review and Dissent printed ringing cosmopolitan manifestos from two continental theorists, Pascal Bruckner (1996: 242–4) and Ulrich Beck (Beck 1999a: 53–5), and the American Literary History published a state-of-the-art essay on cultural theory declaring that cosmopolitanism was the concept now replacing multiculturalism in the work of the most methodologically up to date and ideologically self-aware of literary scholars (Pattell 1999: 166–86). Public Culture has devoted an entire issue to cosmopolitanism (see Pollock et al. 2000).
Solution is the problem: a story of transitions and opportunities
Authors: Angell Ian O , Ilharco Fernando M
Published: November 2023

It is a well-known maxim that solutions create more problems than they solve. On balance, after more than three hundred years of positivism, we are left with a world marked not by solutions but by problems. In this chapter, we confront this state of affairs head on, arguing that the real problem of our times is not problems as such, but solutions. We claim that many tenets of current mainstream thinking about organizations, and about IT /IS, cannot stand up to rigorous scrutiny.
Re-constructing information systems evaluation
Authors: Smithson Steve , Tsiavos Prodromos
Published: November 2023

Within organizations, information systems evaluation is a key part of IS investment decisions, for example in deciding whether to go ahead with a particular project, or to modify or scrap a development. The evaluation becomes a basis for comparison with other projects, both inside and outside the organization. With increasingly large investments, these become decisions with significant financial implications. Moreover, such decisions can have significant implications for both groups and individuals within the organization. People’s careers or working lives, or a group’s command of resources or status, may be contingent on the evaluation of a particular information system.
The Economic Consequences of Cognitive Dissonance
Authors: Akerlof George A , Dickens William T
Published: November 2023

Since the publication of The Wealth of Nations, economists have built an entire profession on a single powerful theory of human behavior based on a few simple assumptions. That model has been fruitfully applied to a wide range of problems.
The Impact Of Unincorporated Human Rights Treaties
Authors: Clayton Richard , Tomlinson Hugh
Published: November 2023

See also D Debenhams, M Hunt and M Taggart, ‘The Principle of Legality in 2.10 Administrative Law: Institutionalization as Constitutionalizing’ (2001) 1 OUCLJ 1 and K Knop, ‘Here and There: International Law in Domestic Courts’ (2000) 32 NYU Journal of international Law and Politics 501.
The Right To Marry And To Family Life
Authors: Clayton Richard , Tomlinson Hugh
Published: November 2023

In Bellinger v Bellinger [2002] 2 WLR 411 the Court of Appeal confirmed that a 13.05 ‘marriage’ between a man and a woman who was born a man is not a valid marriage. See also W v W(Physicality-sex) [2001] 2 WLR674.
Freedom From Discrimination In Relation To Convention Rights
Authors: Clayton Richard , Tomlinson Hugh
Published: November 2023

Direct discrimination. In Khan v Chief Constable of Yorkshire [200 I] ICR 1065 17.13 the House of Lords overturned the decision of the Court of Appeal. Where victimization is concerned, the question is: was the treatment afforded to the victim ‘by reason that’ the complaint had been brought? The reason for not providing a reference was the legal advice given which said that it would not be appropriate where the Chief Constable was in litigation with the complainant. The House of Lords accepted that where the reason for the refusal was the need on the part of the Chief Constable to preserve his position pending the outcome of the litigation,
Electoral Rights
Authors: Clayton Richard , Tomlinson Hugh
Published: November 2023

The Political Parties, Elections and Referendums Act 2000 establishes an 20.04A Electoral Commission whose function it will be, after each election (whether in UK or Europe) or referendum, to prepare and publish a report on the administration of the election or referendum. The Commission is also empowered to report to the Secretary of State on an interim basis on the registration of political parties and the regulation of their income and expenditure; political advertising; the redistribution of seats at parliamentary elections; and other such matters relating to elections and referendums as the Commission decides.
‘With Axe Large And Gory’: The Wartime Nation And Class
Authors: Rose Sonya O
Published: November 2023

The war years were indelibly etched by the interplay of two seemingly opposite tendencies. There was, on the one hand, the dynamic unleashed by a powerful fantasy of national cross-class unity, coupled with the belief that the war was or would be a levelling influence. And, on the other hand, there were persistent expressions of class antagonism. This combination of desire for singularity and incessant conflict contributed to an unprecedented focus on the deep rents in the social fabric produced by economic inequalities. This chapter will suggest that discourses about the nation as one in which sharp class differences were vanquished through a united war effort fed heightened sensitivity on the part of the British public to issues of economic and social inequality.
Temperate Heroes: Masculinity On The Home Front
Authors: Rose Sonya O
Published: November 2023

In contrast to the persistent public expressions of anxiety about femininity and how women might change as a result of their wartime experiences, only rarely was ‘ manliness’ or ‘manhood’-masculinity, as such-the focus of debate and scrutiny. Public attention was directed to the cultural meanings of manhood only when something happened that challenged deeply held and taken-for-granted ideas about male-female differences.1
Governing from the Centre
Authors: Hayward Jack , Wright Vincent
Published: November 2023

Two leading authors challenge the assumption that France has a well coordinated government. The constitutional, political,and policy frameworks of coordination are critically assessed in relation to the central actors and spending ministries, as well as the formal and informal mechanisms of coordination. Four case studies are examined; the European Union, budget, privatization and immigration policy processes. The book concludes with forthright findings on a fragment executive struggling to steer a disparate and partially paralyzed institutional structure. The research findings offer precise cautionary recommendations to policy makers against the dangers of overconfident recourse to 'joined up' government. The findings are relevant, not merely to France, but generally to Western states more generally.
Third Move: Connecting Sites
Authors: Latour Bruno
Published: November 2023

Is not the ‘Tortoise and the Hare’ fable rather like that of the ‘Ant and the Hare’ story? One character jumps, runs, leaps, slumbers, wakes up, and summersaults, so sure he is of winning the race and snatching the prize. But the other one never sleeps. He trudges along, masticating endlessly; he allows himself no break in digging around minuscule galleries, the walls of which are nothing but clay and saliva through which he travels back and forth. And yet is it not fair to say that the Ant, much to the hare’s great surprise, is going to win? By sticking obstinately to the notion of a flatland and by inserting clamps every time there is a temptation to take three-dimensional shapes for granted, we have been highlighting types of connections that had no recognizable existence before—even though everyone felt they had to be there.
What is a Share?
Authors: Ooi Maisie
Published: November 2023

It is evident from the earlier chapters that the conflicts analysis of share transactions cannot be adequately addressed without taking a step back, and considering what a share actually is. The problem with shares is that it seems so obvious what a share is that rarely have courts or textbooks attempted to put a definition to it. Investors, be they investment banks or housewives, seem all too familiar with them, and courts dealing with disputes arising from share transactions usually seem able to make decisions tolerably well without separately considering what shares are.
Analysis of Choice of Law Approaches for the Indirect Holding System
Authors: Ooi Maisie
Published: November 2023

Various theories have been advanced as to the conflicts treatment of transactions under the indirect holding system. Most of them are derived from, or are applications or extensions of, the law of the situs (lex situs) rule. Amongst those who have been most actively and publicly addressing the issues, the prevailing opinion today is that the law of the relevant intermediary should govern. Closer examination of their writings discloses that they do not present a unified front with respect to the theoretical basis for the approach.
Assignments and Collateralization
Authors: Ooi Maisie
Published: November 2023

This chapter considers the choice of law treatment of transactions on the indirect holding system in their practical settings. Specifically the chapter considers the choice of law options of the law of the relevant (immediate) intermediary and the law under which the thing was created (lex creationis), and the settings in which they are tested are, first, the basic assignment (which can underlie an outright transfer or a transfer by way of collateral) and, secondly, four collateral arrangements which are typical settings for collateralization under the system. Collateralization is also said to give rise to special problems of choice of law like perfection and recharacterization, and these are also considered in this chapter.
Information Asymmetry, R&D, and Insider Gains
Authors: Aboody David , Lev Baruch
Published: November 2023

Researchers have documented that ‘corporate insiders’, defined by the 1934 Securities and Exchange Act as corporate officers, directors, and owners of 10 per cent or more of any equity class of securities, gain from trading in the securities of their firms. However, the specific sources of information leading to insider gains in particular and to information asymmetry in general have not been comprehensively investigated. An identification of the sources of insiders’ information contributes to our knowledge in various ways.
The Stock Market Valuation of Research and Development Expenditures
Authors: Chan Louis K C , Lakonishok Josef , Sougiannis Theodore
Published: November 2023

The market value of a firm’s shares ultimately reflects the value of all its net assets. When most of the assets are physical, such as plant and equipment, the link between asset values and stock prices is relatively apparent. In modern economies, however, a large part of a firm’s value may reflect its intangible assets, such as brand names. Under generally accepted US accounting principles, many types of intangible assets are not reported in firms’ financial statements. When a firm has large amounts of such intangibles, the lack of accounting information generally complicates the task of equity valuation.
Challenges From the New Economy for Business and Financial Reporting
Authors: Upton Wayne S
Published: November 2023

This Special Report examines the much-heralded new economy and some implications for business and financial reporting. There are hundreds, if not thousands, of articles, studies, and consultants’ reports that discuss the new economy, intellectual capital, and intangible assets. Most decry what they consider accounting’s failures, and many offer (usually proprietary) solutions.
Explaining the Bargaining Impasse: The Role of Self-Serving Biases
Authors: Babcock Linda , Loewenstein George
Published: November 2023

The purpose of the social utility paper (Chapter 7) was to uncover some of the major psychological causes of failures to resolve disputes. I went into that project thinking that the major source of nonsettlement of disputes was the great antagonism that arises between negotiators. However, the social utility functions we observed were seemingly quite benign. As long as their payoffs didn’t fall below those of the other side—as long as they stayed clear of the region of disadvantageous inequity—people seemed to be quite content to get what was coming to them in fact, even willing to give part of their payoffs to the other side. Based on that paper alone, one might think that most disputes would settle amicably (and perhaps most do).
Anomalies in Intertemporal Choice: Evidence and an Interpretation
Authors: Loewenstein George , Prelec Dražen
Published: November 2023

This paper was written during the academic year 1988/89, when Dražen Prelec and I were both fellows in residence at the Russell Sage Foundation. Before we spent the year there together I had only met Dražen once—at a memorial conference for Hilly Einhorn—and I recall that we didn’t hit it off. I think that there was some kind of implicit competition between us because we are similar on so many dimensions. We are both tall and dark-haired, got our PhDs at the same time, and interviewed for the same two jobs, one at Harvard Business School and the other at the University of Chicago Graduate School of Business. Fortunately, we each got one of the jobs, and fortunately for me I got the one I was better suited for.
Preferences for Sequences of Outcomes
Authors: Loewenstein George F , Prelec Dražen
Published: November 2023

Dra˘zen and I started this paper during our year at the Russell Sage Foundation. Looking back, I realize that when we started working on the project we didn’t really know what it was about. I have notebooks full of the diverse, exploratory, questionnaires we administered that year wherever we could find subjects: parks, airports, on the train between Manhattan (where Dra˘zen and I were living) and Stonybrook (where my wife had an academic position), and in one case on a flight to Chicago (where I still had an academic appointment at the time). I passed out questionnaires to everyone in the plane, but when I went to collect them the flight attendant noticed, notified me that I had broken the law, and informed me that that the captain would meet me at the front of the plane when we landed. She then collected the surveys and brought them into the pilot’s cabin, and I spent the rest of the flight in trepidation.
Risk as Feelings
Authors: Loewenstein George F , Weber Elke U , Hsee, Christopher K , Welch Ned
Published: November 2023

People sometimes ask me how it is that I’m so prolific. Being paranoid, I always suspect that the subtext is ‘Why don’t you go for more quality than quantity?’ I do have an answer, albeit perhaps a not very satisfactory one. I’m not very good at judging the quality of my own papers, at least as measured by other people’s reactions to them, which makes it very difficult to substitute quality for quantity. Some of the papers that I thought were my best, such as ‘The Red and the Black’, have had almost no impact. Others, such as the one reprinted in this chapter, have had an impact that has surprised me. The success of papers, like that of any product, has as much to do with timing as with the inherent quality of the papers. The timing was very good on this paper.
National ‘Pacts’ and EU Governance in Social Policy and the Labor Market
Authors: Rhodes Martin
Published: November 2023

Recent developments in EU-level social and labor market policy and politics have stimulated much speculation about more general issues of European governance. These include the emerging form of the multi-level EU polity, the capacity of Europe to defend the core policies and beliefs of its so-called ‘social model’, and the on-going transformation of national decision-making systems. Gradually there has been a shift away from an earlier concern with the dangers of a ‘race-to-the-bottom’ in social and labor standards, toward a view that, given the right kind of pan-European regulatory system, Economic and Monetary Union (EMU), the single market and ‘globalization’ might have much less dramatic consequences than often feared for Europe’s social and economic fabric.
Indo-Europeanist Practice and American Indianist Theory in Linguistic Classification*
Authors: Greenberg Joseph H
Published: November 2023

There exists among American Indianists and in linguistics in general no coherent theory regarding the genetic classification of languages. The most common formulation which might seem to be such is that there must be regular sound correspondences between languages for them to be related. The problem as to whether there is an empirically operational method to give a yes or no answer as to the presence or absence of sound correspondences is discussed at length in Greenberg 1987 (especially 1-37) [§6-Ed.] which resumes and expands earlier discussions, particularly Greenberg (1957: 35-45) [§2-Ed.]. But even if it worked, and the objections to it on this ground are shared by critics as diverse as Meillet and Ives Goddard, it is the answer to the wrong question, namely as to whether languages are related.
Language and Archaeology: Review of Archaeology and Language: the Puzzle of Inda-European Origins by Colin Renfrew and A Guide to the World’s Languages, vol. 1: Classification, by Merritt Ruhlen*
Authors: Greenberg Joseph H
Published: November 2023

As Renfrew states at the beginning of his work (p. 1), archaeologists of late have had little to say about language origins. With regard to Inda-European, the focus of his book, it is indeed remarkable that the standard textbook on European archaeology (Champion et al.1984) does not even contain the word Inda-European in the index. It is Renfrew’s view that with recent advances in processual archaeology and comparative linguistics the time is ripe for a new attempt to investigate Inda-European origins. The whole enterprise had, of course, fallen into disrepute because of the excesses of the Aryan theory in the 1920s and 1930s, which was the immediate background of Boas’s well-known pronouncements regarding the independence of race, language, and culture.
Property and Legal Culture in France
Authors: Bell John
Published: November 2023

Lawson and Rudden noted that, although registration has long been accepted in other areas of life, in England it was resisted in relation to land. They record that those favouring registration were challenged by those preferring to simplify landed interests, and that the latter have triumphed, leaving land registration less than ideal. The tensions in France between consensualism in the transfer of property and the protection of creditors have led to a similar slowness in accepting land registration and an even less ideal system.
Are Intangible Assets Fungible?
Authors: Goode Roy
Published: November 2023

It is with some trepidation that I offer this tribute to Professor Bernard Rudden on an aspect of property law, one of several different fields to the understanding of which he himself has made such a major contribution over many years. The preparation of this chapter has already served a purpose in crystallizing my own thoughts on a subject of some importance which has not hitherto received the attention it deserves. I hope that others will find it helpful.
Europe’s Judges
Authors: Arnull Anthony
Published: November 2023

The Court of Justice of the European Communities is a controversial institution. Although it remains ‘[t]tucked away in the fairyland Duchy of Luxembourg’, the days when it was ‘blessed ... with benign neglect by the powers that be and the mass media’ are long gone. Today the Court arouses stronger passions. Its supporters see it as having made a major contribution to the establishment of a polity which offers its Member States the peace, stability and prosperity they had previously found so hard to achieve. To its detractors, it has consistently acted in the pursuit of an agenda of its own about the political shape of Europe, disregarding the terms of the Treaties where they have seemed to stand in the way of its own conception of what Europe requires. During the parliamentary debates on the bill’ to give effect in the United Kingdom to the Treaty on European Union signed in Maastricht in early 1992, that view was reflected by Baroness Thatcher, who observed that ‘some things at the Court are very much to our distaste’. It had, she said, produced: a great effect upon the powers that we have relinquished. It has by its decisions greatly extended the powers of the centralised institutions against the nation state.
European rights, national remedies
Authors: Arnull Anthony
Published: November 2023

It was argued in chapter 6 that, although the concepts of direct effect and primacy may not have been expressly spelt out, they were nevertheless implicit in the system created by the Treaties. Be that as it may, once the concepts had been recognised by the Court of Justice, a host of ancillary problems began to arise. The basic issue can be simply put: what does Community law actually require a national court to do to protect the rights the Court of Justice says it is bound to uphold? Must it award damages to those whose rights have been infringed and who have thereby suffered loss? If so, how are these to be cakulated? Are such claims subject to a period of limitation and, if so, how long is it? Does Community law have anything to say about causation, interest, the burden of proof, injunctions?
The free movement of goods
Authors: Arnull Anthony
Published: November 2023

The next five chapters are concerned with the contribution made by the Court of Justice in certain areas of substantive Jaw. The areas examined may all to a large extent be described as judicially constructed, in the sense that the Court has played the major part in shaping their contours. The discussion of these areas does not purport to be comprehensive: the aim is merely to outline some of the substantive problems with which the Court has been confronted and how it has dealt with them. The subject of the present chapter is the free movement of goods, which lay at the core of the common market contemplated by the EEC Treaty. That Treaty contained provisions designed to eliminate various forms of obstacle to imports and exports which States, left to their own devices, might seek to erect. Thus, Articles 9 to 16 EEC (later 23 to 25 EC) were concerned with the elimination between Member States of customs duties on imports and exports and charges having equivalent effect.
The free movement of workers
Authors: Arnull Anthony
Published: November 2023

One of the objectives of the European Community is the abolition between Member States of obstacles to the free movement of persons and services. Part Three, Title III, of the Treaty contains three Chapters setting out detailed provisions for the achievement of that objective. Chapter 1 is concerned with the free movement of workers, Chapter 2 with the right of establishment and Chapter 3 with the freedom to provide services. Those provisions were supplemented at Maastricht by the insertion of a new Part Two in the EC Treaty entitled ‘Citizenship of the Union. ‘The subject of this chapter is the free movement of workers. The right of establishment and the freedom to provide services will be considered in the next chapter, while citizenship of the Union is dealt with in chapter 14. We shall see that many of the issues which the Court has had to confront in relation to the free movement of goods have also arisen in the field of the free movement of persons and services, although not surprisingly that field has also generated problems of its own.
Postscript: Supply Chain Futures
Authors: New Westbrook , New Steve
Published: November 2023

It seems appropriate at the end of a collection of this type to consider the possible futures for supply chains and their study. It also seems, if not so appropriate, at least allowable, for this brief postscript to the book to adopt a more speculative tone. Our observations are more provocation than prediction.
On Knowledge-Intensive Firms
Authors: Alvesson Mats
Published: November 2023

IN this chapter I aim to do three things: to define the character is tics of knowledge-intensive firms (KIFs), to review critically some key ideas on what are being institutionalized as professions and professional organizations, and to compare the category of KIFs with that of the profession (professional workers and organizations). This is necessary as the terms cover similar terrain, and are sometimes used in more or less the same way, but represent a somewhat different focus. I also discuss the virtues and problems of both categories, emphasizing that self-criticism and doubt about the major concepts one is working with are important.
Socio-politics of Knowledge Work: Social Connections and Interactions
Authors: Alvesson Mats
Published: November 2023

As a socially constructed phenomenon knowledge does not exist on its own, but is dependent on social recognition. Without being perceived and recognized by others knowledge does not, for all practical purposes, appear as such, at least not in market and organizational contexts. A company that claims to be in the knowledge business-being able to offer services or products with a sophisticated knowledge content-calls for the specific or institutionalized confirmation and support of significant others. Parallel and partly overlapping work with image management and corporate and professional rhetoric call for the establishment, maintenance, and development of favourable social relation ships.
Identity: Uncertainties and Regulations
Authors: Alvesson Mats
Published: November 2023

IDENTITY is broadly seen as crucial to understanding how people relate to their working world and how organizations function. Identity on a variety of levels, both individual and organizational, is at present very fashionable in management and organization theory. This chapter focuses mainly on the level of individual identity. This concerns how a person constructs a particular version of him- or herself and can be seen as the response to the question 1Who am I?’ The answer to this question has consequences for the priorities and motivations, the thinking and acting, of the individual. Identity is not an exclusive individual issue, but is highly related to organizational context and social interactions. We form identities through social groups, and how others relate to us is crucial to how we see ourselves. Organizations are sources of identity of the employed. Identity is not fixed, but is to some extent an open question.
Distortions in Industrial Geography: Triangulating Among Industrial Firms, Financial Firms, and the State
Authors: Markusen Ann
Published: November 2023

Using variants of location theory, economic geographers have long focused on industrial (both goods and service) firm behaviour as a major force in spatial patterns of industry across regions and nations. Employing cost and profit maximization theories on the one hand, and working with agglomeration theory on the other, they offer a fairly coherent version of firm logic in deciding where to place production and related activities spatially. In this chapter, I explore two other significant actors in the contemporary economy: financial firms and the nation state. I argue that these latter two sets of actors play powerful roles in shaping industrial firm strategy, with marked effects on locational outcomes. I suggest that triangulation among the three sets of actors occurs in many spheres of activity and that although it is difficult to theorize satisfactorily about the spatial priorities of the latter two sets of actors, they nonetheless weigh in and may seriously distort the distribution of economic activity over space. The central argument of this chapter is that financial firms, seeking short-term returns, may induce economic and geographical restructuring which would not have otherwise taken place. They may, as well, be more successful in pressing for favourable government policies than industrial firms, and the latter may be brought on board in a unified strategy.
Duelling and Martial Culture
Authors: Manning Roger B
Published: November 2023

An English royal proclamation of 1613 complained that many gentlemen, with the connivance of magistrates, assumed that defending one’s reputation with the sword was a ‘birth-right’, despite the prohibitions contained in royal proclamations. This was a legacy of the medieval belief that noble status conferred both the right to bear arms and the right to fight a duel. These rights derived, in turn, from ‘the droit de guerre, the right to make war’. Although he does not condone frivolous quarrels and combats, there runs throughout the book about fencing and the code of the duel written by Vincentio Saviolo, the second earl of Essex’s Italian fencing master, the assumption that honour was above religion and morality, and a duel needed no other justification than the vindication of honour.
Dependency and Constituency
Authors: Carnie Andrew
Published: November 2023

Up to this point in the book we’ve been assuming that constituency representations—usually trees or sets—are primitives of syntactic representation and the primary means of representing syntactic structure. Semantic relations (such as thematic relations) and semantico-syntactic relations (such as subjecthood, or even predicate–argument relations) can be viewed as derived from, or at least dependent on, constituent hierarchies.
Leadership in the Private Sector: Yesterday Versus Tomorrow
Authors: Latham Gary P , McCauley Cynthia D
Published: November 2023

What will ‘they’ state was important about the role of organizational leaders in the twenty-first century? The pronoun is, of course, the key word in this opening question. ‘They’ are the behavioural scientists and historians at the end of this millennium. They will be able to explain the type of organizations that leaders led, because they (1) will know how everything turned out, and (2) will have boiled down the story to a manageable length by focusing on a few major themes and trends that turned out to be decisive. The statistics and events that they cite to explain what happened will be only a fraction of the voluminous data that we currently respond to and argue about on an annual (e.g. Annual Review of Psychology) if not daily basis. This is the process of distillation, through time, that proves the truth or folly in a forecast.
Evidentiality
Authors: Aikhenvald Alexandra Y
Published: November 2023

In some languages every statement must contain a specification of the type of evidence on which it is based: for example, whether the speaker saw it, or heard it, or inferred it from indirect evidence, or learnt it from someone else. This grammatical reference to information source is called 'evidentiality', and is one of the least described grammatical categories. Evidentiality systems differ in how complex they are: some distinguish just two terms (eyewitness and noneyewitness, or reported and everything else), while others have six or even more terms. Evidentiality is a category in its own right, and not a subcategory of epistemic or some other modality, nor of tense-aspect. Every language has some way of referring to the source of information, but not every language has grammatical evidentiality. In English expressions such as I guess, they say, I hear that, the alleged are not obligatory and do not constitute a grammatical system. Similar expressions in other languages may provide historical sources for evidentials. True evidentials, by contrast, form a grammatical system. In the North Arawak language Tariana an expression such as "the dog bit the man" must be augmented by a grammatical suffix indicating whether the event was seen, or heard, or assumed, or reported. This book provides the first exhaustive cross-linguistic typological study of how languages deal with the marking of information source. Examples are drawn from over 500 languages from all over the world, several of them based on the author's original fieldwork. Professor Aikhenvald also considers the role evidentiality plays in human cognition, and the ways in which evidentiality influences human perception of the world.. This is an important book on an intriguing subject. It will interest anthropologists, cognitive psychologists and philosophers, as well as linguists.
Demeter and the Curse of Consumption
Authors: Hopfl Heather
Published: November 2023

At a time in history characterized by currents of apprehension, uncertainty, and anxiety about a future rendered precarious by terror; at a time of mediocrity paraded as high achievement, of avarice and an absence of com passion; at a time of forsaken idealism, of a failing imagination, and of work organizations regulated by feudal practices and medieval savagery; at such a time, it is not perhaps surprising to find that there is a renewed interest in the Greeks.
The Development of Parole and the Role of Research in its Reform
Authors: Shute* Stephen
Published: November 2023

Since its inception in 1967 the parole system in England and Wales has been the subject of much comment and criticism. It has also undergone many fundamental changes. From tentative beginnings it has, in thirty-five years, become a significant form of release for long-term prisoners.
The Renaissance of the Victim in Criminal Policy: A Reconstruction of the German Campaign
Authors: Jung Heike
Published: November 2023

A rationally based criminal policy cannot be conceived of and implemented as a ‘single issue campaign’, since it will have to take into account a complex network of ideas, institutions, and actors, as well as the normative and empirical setting which constitutes the system of crime control. Changes in criminal policy do not take place rapidly and radically from one year to the next.
Why Trade Marks?
Authors: Phillips Jeremy
Published: November 2023

It was a beautiful afternoon for a little time off. Some 6,000 delegates attending the International Trademark Association’s 1997 meeting in San Diego surged out of the conference centre to enjoy some leisure time before the Grand Finale at the city’s famous zoo. Some went shopping downtown; others cruised the limpid bay; others again braved the city tram to the national border with Mexico and a short taxi ride to Tijuana. My wife and I were among them.
Trade Marks And Generic Terms
Authors: Phillips Jeremy
Published: November 2023

‘It’s a beautiful thing, the destruction of words. Of course the great wastage is in the verbs and adjectives, but there are hundreds of nouns that can be got rid of as well. It isn’t only the synonyms; there are also the antonyms.
Non-Infringing Acts
Authors: Phillips Jeremy
Published: November 2023

Ernie removed his spectacles, slowly polished them and returned them to their former position. Looking over their shiny metal rims he delivered his measured response. ‘Of course I am, Betty. I’ve thought it all out.
Reputation, Unfair Advantage And Detriment
Authors: Phillips Jeremy
Published: November 2023

A registered trade mark is entitled to protection against the use or registration of an identical sign without the need for its proprietor to prove to the court that his registered mark possesses a reputation. The same applies to the protection to which a registered trade mark is entitled where it is likely to be confused with a sign used or intended to be registered by another. In all these cases a trade mark will gain the law’s protection even if it has not yet been used. But there is an additional level of protection which is open to the owners of trade marks which have been used: that protection is the subject of this chapter.
Tr Ansactions Involving Tr Ade Marks
Authors: Phillips Jeremy
Published: November 2023

Legal anthropology, the study of the ritual behaviour and tribal rites of lawyers, is the key to any functional analysis of the legal system. Through his academic connections the author of this book, though not a legal anthropologist himself, has been able to procure the results of some fascinating research in this little-recognized field of human conduct.
The Psychology Of Trade Marks
Authors: Phillips Jeremy
Published: November 2023

Duncan Dullamy, the great company inflator, showed no outward sign of displeasure. As a matter of fact, he was secretly relieved at the prospect of finding even a twohundred-a-year husband for his daughter Leonore.