bluuebunny/crossref_metadata_2025 huggingface dataset:
The Right To Life And The Abolition Of The Death Penalty
Authors: Clayton Richard , Tomlinson Hugh
Published: November 2023

For a comprehensive discussion of the law relating to abortion and miscarriage, 7.09 see Smeaton v Secretary of State for Health [2002] EWHC Admin 610 (Munby J).
Court Of Human Rights Procedure
Authors: Clayton Richard , Tomlinson Hugh
Published: November 2023

In 2001 a total of 13,858 applications were registered (compared with 8,396 in 23.07 1999 and 10,486 in 2000). The largest number from one state was again Russia with 2,108 (1,325 in 2000) followed by Poland with 1,763 (775 in 2000) and France with 1,117 (1,033 in 2000).
‘Be Truly Feminine’: Contradictory Obligations And Ambivalent Representations
Authors: Rose Sonya O
Published: November 2023

As the previous chapter suggested commentary about citizenship focused primarily on obligations. It restated ideas associated with the much older republican or civic humanist tradition-one stressing sacrifice and civic virtue in contrast to liberal citizenship’s emphasis on individual rights. But as I will explain in the first part of this chapter, when women fulfilled their wartime duties of citizenship, conflict was generated over both traditional gender norms and women’s civil and social rights. Additionally, as I have suggested previously, diverse public conversations and widely disseminated representations depicted the British people as belonging to a unified national community that shared a common national identity.
The French Context of Coordination: A Fractured Indivisible Republic
Authors: Hayward Jack , Wright Vincent
Published: November 2023

Due to its inordinate impulse to impart a state-organized monolithic unity to an inherently diverse and conflict-ridden society, achieving cohesion and cooperation in France has posed problems to those officially in power that few have successfully resolved in a sustained way. The persistent temptation has been to impose top-down comprehensive solutions, provoking periodic upsurges of resistance against ill informed failures to understand the complexity of specific problems and the need to secure at least the acquiescence if not the enthusiastic support of the subjects of such authoritative intervention. While the ensuing difficulties are not peculiar to France, it is the overweening self-confidence of the political and administrative directorate in its capacity to command that raises false expectations about its ability to attain its objectives.
Coordinating the Response to Immigration Pressures: An Unending Quest
Authors: Hayward Jack , Wright Vincent
Published: November 2023

In the early 1980s, the issues of nationalization versus privatisation of France’s major firms and banks, and of national integration or repressive exclusion of immigrants in the name of’ national preference’, came to the fore as the main ways of distinguishing ideologically the Left and Right in France. By the late 1990s, both these issues were much more depoliticized than they had been. Part of the reason that this proved possible has been that there was a perverse contradiction between theassertive rhetoric of imperative principle and the embarrassed reality of inconsistent practice. We have already examined this in the case of privatisation, with the Left shamefacedly coming to accept the retreat from public ownership it had earlier espoused with enthusiasm. Immigration policy, which had not been a controversial party issue in a country that had for a century been accustomed to accept massive foreign inward migration without demur, became so in a context of increasing unemployment.
Downside Risk Implications of Multinationality and International Joint Ventures
Authors: Reuer Jeffrey J , Leiblein Michael J
Published: November 2023

Corporate flexibility has recently been emphasized as a key concern for management research (e.g., Buckley and Casson, 1998; Hitt, 1998). This observation presents a challenge to both positive and normative theory given the divergent views on issues surrounding both the flexibility of firms and the specific benefits that firms might derive from flexibility. For instance, studies in population ecology (e.g., Hannan and Freeman, 1984), competitive strategy (e.g., Dierickx and Cool, 1989; Ghemawat, 1991), and behavioral theory (Cyert and March, 1963) point to internal complexity, path dependencies, and uncertainty avoidance, respectively, as factors limiting flexibility or its potential advantages.
Working Abroad, Working with Others: How Firms Learn to Operate International Joint Ventures
Authors: Barkema Harry G , Shenkar Oded , Vermeulen Freek , Bell John H J
Published: November 2023

International joint ventures have become a prevalent mode of entry into global markets (Berg, Duncan, and Friedman, 1982; Harrigan, 1985; Hergert and Morris, 1988; Wysocki, 1990). Publications on the topic mostly focus on the motivations behind international joint venture formation (Buckley and Casson, 1988; Contractor and Lorange, 1988; Harrigan, 1985; Hennart, 1988; Hergert and Morris, 1988; Kogut, 1988) and the conditions encouraging it (Agarwal and Ramaswami, 1992; Gatignon and Anderson, 1988; Gomes-Casseres, 1989; Hennart, 1991; Madhok, 1997; Stopford and Wells, 1972). Little has been done, however, to identify the factors that underlie success and failure in such ventures; this is a remarkable omission, given their high failure rate (Chowdhury, 1992; Gomes-Casseres, 1987; Hill and Hellriegel, 1994; Levine and Byrne, 1986).
Because It Is There: The Challenge of Mountaineering ... for Utility Theory
Authors: Loewenstein George
Published: November 2023

This paper began as the solution to a self-control problem. I wrote it during the year that I spent at the Center for Advanced Study in the Behavioral Sciences at Stanford along with Colin Camerer, Drazen Prelec, Matthew Rabin, and Dick Thaler. Although I think it’s often difficult to assess how much one enjoys experiences (see Chapter 10), without a doubt this was the best year of my life. I was living in a place that offered all the things I love most: a supportive research environment where I could live with my family and near several of my closest friends and without any teaching responsibilities—all in an outdoor enthusiast’s paradise.
The Economics of Meaning
Authors: Karlsson Niklas , Loewenstein, George , Mccafferty Jane
Published: November 2023

One important recent development in economics is a new interest in happiness research. This research, I believe, is at least partly motivated by two concerns: a questioning of whether people know what is best for them (see Chapter 13 on projection bias) and a questioning of whether, due to self-control problems, people are able to act in their own self-interest even when they do know what’s best for them (see Chapters 18–22). To the extent that people don’t know what’s good for them, or can’t pursue it successfully on their own, it may be useful to attempt to determine what in fact makes people happy and to think about ways to help people achieve happiness.
Experimental Economics from the Vantage-Point of Behavioural Economics
Authors: Loewenstein George
Published: November 2023

This paper was published in 1999, a few years before Daniel Kahneman and Vernon Smith won the 2002 Nobel Prize in economics. Many of us in the field of behavioral economics suspected that a Nobel Prize was in the works for our field, and we worried that it would be jointly conferred on behavioral economics and experimental economics by people who couldn’t tell the difference between them. The paper starts by pointing out that behavioral economics and experimental economics are entirely different enterprises. Behavioral economics is the application of insights from psychology (and sometimes other disciplines) to economics. Experimental economics is the application of experimental methods to economics.
“Coherent Arbitrariness”: Stable Demand Curves without Stable Preferences
Authors: Ariely Dan , Loewenstein, George , Prelec Drazen
Published: November 2023

Months into this project, I suddenly realized that I had been studying coherent arbitrariness starting with the very first study I ever ran—a survey I did of students in the Yale library (see Chapter 14). In that study I asked the students to specify the most they would pay to receive a kiss from the movie star of their choice at various points in time. Suppose that the idea of a kiss from the movie star of your choice is appealing (as seems to be almost universally true of men but much less consistently for women). How much should you be willing to pay for such a kiss? Three dollars?; after all, it only lasts a very short time. But it could be a very fulfilling short time. Ten dollars? One hundred? Think of what an amazingly unique and unusual experience it would be— something you would no doubt remember for the remainder of your life. One thousand? Ten thousand? For me, the answer is indeterminate within several orders of magnitude.
Projection Bias in Predicting Future Utility
Authors: Loewenstein George , O’Donoghue, Ted , Rabin Matthew
Published: November 2023

On the second day of an overnight hike with my son Max on the Laurel Ridge trail in Pennsylvania, I asked him whether, when we got back to our bicycles (which were waiting at the end of the hike so we could bike back to the car), he wanted to take the route we had been planning to take or a longer, more scenic route. Max (who was 10 at the time) knew that I wanted to take the longer, scenic route and informed me that I had made a strategic error: “Daddy: you should have asked me when we were resting back on that rock, not while we are hiking. Of course I won’t want to take the long route if you ask me when I’m all tired out”. Max’s response reflected a deep appreciation for projection bias (though I had never mentioned it to him).
The Red and the Black: Mental Accounting of Savings and Debt
Authors: Prelec Dražen , Loewenstein George
Published: November 2023

This was long my favorite of my own papers (displaced only recently by a working paper titled “Animal Spirits”). The paper introduces a variety of ideas that I think are really important for understanding consumer behavior including that people experience pain when they pay for things and that this pain depends on a variety of factors, including most importantly whether payment for an item occurs before, during, or after consumption. I wish I could take credit for the model, but it’s Dražen’s brainchild. My main contribution was to reject earlier models that weren’t as true to the psychology and to say “that’s it” when I felt that Dražen got it right. I may have also contributed the central notion of the pain of paying. Dražen and I often joke that I’m the tightwad in the partnership and he’s the spendthrift.
US Welfare Reform: The Big Experiment
Authors: Handler Joel F
Published: November 2023

America has ‘ended welfare as we know it’. Welfare has been ‘abolished’ by The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The most notorious welfare program, the welfare ‘crisis’ in American Aid to Families with Dependent Children—the program for single mothers—has been replaced by Temporary Assistance to Needy Families (TANF). The welfare rolls have fallen by half since 1996. They are at their lowest levels. And of 1.6 million parents still on assistance, nearly a third are working, a threefold increase from four years ago (Ellwood 2000). What was this great reform?
Organizing the US Labor Market: National Problems, Community Strategies
Authors: Osterman Paul
Published: November 2023

The American welfare state which emerged out of the New Deal and the Second World War is notable for its many weaknesses: incomplete coverage and stringent means testing come immediately to mind. However, in the realm of labor market policy there was a logic to the American system. The policies which were put into place were based upon a common understanding of how the American labor market itself was structured. There was at least a rough match between policy and reality. However, in the last two decades as the American labor market has radically changed, public policy has been very slow to catch up. Overcoming this mismatch between American labor market policy and the new labor market realities is one of the central challenges we face.
Introduction: What We Know About European Migration
Authors: Zimmermann Klaus F
Published: November 2023

Globalization has brought a new challenge to Europe: migration. It comes through various channels. First, there is unskilled migration. The poor of the world are knocking at the door of the rich. Fortress Europe still stands, but at its borders from the east and the south there is illegal immigration of unknown size. These innocent aliens team up with the rising excess supply of native unskilled workers who seek permanent gainful employment, more and more often with limited success. If the current trends continue, the resulting unemployment will further increase in the future, causing more social and economic disruptions.
International Migration from and to Portugal: What Do We Know and Where Are We Going?
Authors: Baganha Maria I B , Go´is, Pedro , Pereira Pedro T
Published: November 2023

At the beginning of the 1990s, official sources (IAECP 1991) estimated that there were more than four million Portuguese citizens living abroad. In that same year, the Servic¸o de Estrangeiros e Fronteiras (Portuguese Immigration Service, hereinafter SEF) had records on 113,978 foreign nationals residing legally in Portugal. Adding this figure to the number of residency requests that were processed in the following year, we arrive at a total number of foreigners residing within the Portuguese borders (both legally and illegally) of about 150,000—which is to say, in 1991, foreigners accounted for 1.5 per cent of the resident population of Portugal, and Portuguese living abroad amounted to more than 40 per cent of the resident population. Despite what these numbers appear to tell us, it is common to find assertions in academic works and the press that Portugal has undergone a transformation from ‘emigration country’ to ‘immigration country’. Although paradoxical on the surface, there may in fact be some truth to these claims when we consider that the elevated number of Portuguese living abroad are there as a result of earlier migrations.
The New Immigrants: Immigration and the USA**
Authors: Chiswick Barry R , Sullivan Teresa A
Published: November 2023

From the colonial period to the present, and we can expect far into the future, immigration has posed persistent economic, social, and political issues for the United States. The nature of the concerns may change over time, but the issue is seldom far from America’s consciousness. Three themes emerge sharply in an analysis of immigrants in recent decades. Immigration has played a vital role in the development of the American population, society, and economy. Since the start of recordkeeping in 1820, over 60 million people have immigrated legally to the United States. The total number since 1820 is even larger because the early data do not include those crossing the land borders with Canada and Mexico, and the data do not include illegal immigrants. Not all immigrants remained in the United States permanently, but without reliable data on emigration, it is difficult to estimate how many returned to their countries of origin.
The Methodology of Language Classification*
Authors: Greenberg Joseph H
Published: November 2023

The present volume [Greenberg (1963)-Ed.] contains a complete genetic classification of the languages of Africa. Since the results differ in important respects from previously current schemes of classification, a brief methodological foreword seems in order. There are three fundamentals of method underlying the present classification. The first of these is the sole relevance in comparison of resemblances involving both sound and meaning in specific forms. Resemblances in sound only, for example the presence of a tonal system as such, or in meaning only, as in the existence of morphemes (meaningful) forms indicating sex gender but without phonetic similarity, are irrelevant.
Review of Hamito-Semitic Etymological Dictionary: Materials for a Reconstruction, by Vladimir E. Orel and Olga V. Stolbova*
Authors: Greenberg Joseph H
Published: November 2023

An etymological dictionary of the Hamito-Semitic languages has long been a desideratum. The only one available has been the long-outdated work of Marcel Cohen (1947). Since that time, the most momentous developments have been in west and east Africa. The addition of a major new branch, Chadic, consisting of over 100 languages in west Africa, has helped to cast new light on both Semitic problems and those of Hamito-Semitic (or as it is now more commonly called, ‘Afroasiatic’, or ‘Afrasian’). The study of this branch has been zealously pursued by a number of specialists who have provided substantial new data and important new theoretical knowledge.
Are There Mixed Languages?*
Authors: Greenberg Joseph H
Published: November 2023

Thomason and Kaufman, in their widely influential volume on language contact, creolization and genetic linguistics (1988), while not denying that the genetic model describes the differentiation of earlier languages into subsequent groups of languages related by common descent in the vast majority of instances, emphasize two particular cases in which they state that the genetic model does not fit and for which they posit language mixture. One of the two languages is Ma’a in Tanzania, which they state has two components, one of Southern Cushitic provenience and hence a part of Afroasiatic and the other Bantu, hence a part of Niger-Kordofanian.
The General Principles of Law in the European Union Legal Order
Authors: Tridimas Takis
Published: November 2023

What is a general principle of law and how can it be distinguished from a specific rule? As a starting point, it may be said that a principle is a general proposition of law of some importance from which concrete rules derive. According to this definition, the constituent elements of a principle are two: it must be general and it must carry added weight. ‘General’ means that it operates at a level of abstraction that distinguishes it from a specific rule. The term ‘general’ may have other meanings.
The Principle of Proportionality: Relationship with Competence
and Subsidiarity
Authors: Tridimas Takis
Published: November 2023

The previous chapter traced the development of proportionality in Community law, explained its multiple functions, and examined the degree of scrutiny exercised by the Court by reference to the case law in selected areas. This chapter focuses on proportionality as a principle governing the exercise of Community competence. It examines Article 5(3) EC and looks selectively at the case law on proportionality, competence and subsidiarity. It concludes by examining the protocol on proportionality and subsidiarity accompanying the EU Constitutional Treaty. Although the adoption of the Treaty, at least in its current form, is no longer a possibility, the Protocol remains important. A consensus appears to be emerging that, in any future constitutional model, national Parliaments should be given a greater say in Community affairs and, as an attempt to promote bicameralism, the Protocol may provide inspiration for future arrangements. Indeed, some of its provisions, or a version of the control mechanism envisaged therein, could be introduced by Community and national legislation without need for Treaty amendment.
Conclusions
Authors: Tridimas Takis
Published: November 2023

The study of the case law makes it clear that the use of the general principles is not exhausted in their gap-filling function. They form an integral part of the Court’s methodology and express constitutional values. There can be no doubt that, as sources of rights and obligations, the general principles pose significant limitations on the policy-making power of the Community institutions. It is true that the cases where they have been successfully invoked leading to the annulment of Community acts are concentrated mainly in certain areas, such as agriculture and staff cases. Measures have also been annulled in other fields, however, and no area of Community action remains immune from their application.
Policing from above: executive policing and peace implementation in Kosovo
Authors: Dziedzic Michael J
Published: November 2023

Not only has the focus of peace operations shifted since the end of the cold war from conflict between states to conflict within them, but the threshold for intervention in internal conflict has also been steadily lowered. Consequently, when the UN Interim Administration Mission in Kosovo (UNMIK) assumed responsibility for law enforcement in Kosovo in June 1999, the processes of peacemaking, peace enforcement and economic reconstruction were just beginning. The capacity of the UNMIK Police to establish and maintain public security had significant ramifications for each of these aspects of peace implementation. Executive policing by UNMIK was also intended to provide a basis for developing the rule of law, an essential underpinning for an enduring peace.

This chapter examines these four areas of peace implementation—peacemaking, peace enforcement, economic reconstruction and institutionalizing the rule of law—to illustrate the contributions of executive policing to each. First, however, it is necessary to appreciate how very different the new environment for peace operations is and why executive policing has not merely filled a temporary gap in public security but has played a strategic role in forging a peace that can be sustained.
Les limites d un droit européen du travail
Authors: Blanc-Jouvan Xavier
Published: November 2023

Malgre toutes les mises en garde, le mouvement semble pourtant bien engage, sinon a 1’echelle mondiale, ou 1’idee d’un droit uniforme ne hante plus guere les esprits, au moins dans le cadre d’unions regionales, telles que 1’Europe. Il penetre les domaines les plus divers, et meme ceux ou se revele le mieux la spe- cificite de chaque nation, comme c’est evidemment le cas pour le droit du travail.
Infringement proceedings
Authors: Arnull Anthony
Published: November 2023

One of the novel features of the Community legal order is the mechanism it provides for dealing with Member States which fail to comply with their Treaty obligations. Under the rules of public international law, the enforcement of such obligations is normally left to the Contracting Parties to sort out among themselves. If there is a court to which they can have recourse, its jurisdiction may not be compulsory. By contrast, the EC Treaty gives the Commission, an institution independent of the Member States which is require& to act in the general interest of the Community, the power to bring proceedings before the Court against any Member State which fails to comply with the requirements of the Treaty. That power derives principally-1 from Article 226 (ex 169) EC, which provides:If the Commission considers that a Member State has failed to folfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations.If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice.
The preliminary rulings procedure
Authors: Arnull Anthony
Published: November 2023

Much of the responsibility for applying the rules laid down in the EC Treaty and in Community acts belongs to the national courts of the Member States. This gives rise to a potential problem. If the internal market is to work properly, the relevant rules must have the same effect in all the Member States. However, the nature of the judicial process and the varying national legal traditions mean that, left to their own devices, it would be highly unlikely that courts in, say, Edinburgh would always apply Community law in the same way as courts in, say, Athens. To help safeguard the uniform application of Community law, Artide 234 (ex 177) EC therefore Jays down a procedure which enables national courts to refer to the Court of Justice questions of Community law that they have to decide before giving judgment. It provides as follows: The Court of Justice shall have jurisdiction to give preliminary rulings concerning:
Treaty provisions and national law
Authors: Arnull Anthony
Published: November 2023

Although it was inevitable that the Community Treaties-and the ECTreaty in particular-would in due course come into conflict with inconsistent provisions in the national laws of the Member States, they did not say anything about how such conflicts were to be resolved. This could have been taken to imply that the Community Treaties were no different from ordinary treaties, whose effect within the legal order of the contracting parties will depend on a rule of domestic constitutional law. It is true that Article 26 of the Vienna Convention on the Law of Treaties requires the parties to a treaty to implement it in good faith and that Article 27 of that Convention prevents a party from justifying a failure to perform a treaty by reference to its internal law. But the Vienna Convention does not seek to modify the fundamental principle that the application of treaties by domestic courts is governed by domestic law. The result is that the internal effect of a treaty may differ from one contracting party to another. In particular, the question whether a provision of a treaty confers rights on private parties which can be invoked before the national courts, and if so in what circumstances, may receive different answers in different countries. Moreover, legal systems may differ on the question whether treaties take precedence over national law. They may also take different approaches to the interpretation of treaties, so that the effect of a provision in a given set of circumstances might vary.
Interpretation and the limits of literalism
Authors: Arnull Anthony
Published: November 2023

This chapter is concerned with how, in cases of doubt, the Court of Justice determines the meaning and effect of the written provisions it is called upon to apply. In his paper on judicial activism, Sir Patrick Neill observed: ‘The methods of interpretation adopted by the ECJ appear to have liberated the Court from the customarily accepted discipline of endeavouring by textual analysis to ascertain the meaning of the language of the relevant provision.’ That observation was prompted in particular by the Court’s willingness to adopt a purposive or teleological approach to questions of interpretation, construing ambiguity in the light of the objectives of the provision concerned. That approach may lead the Court to interpret a provision in a way which might seem surprising to those who are accustomed to seeing judges accord greater weight to the terms in which the legislature has chosen to express itself. However, the teleological approach is only one of a range of methods employed by the Court to resolve questions of interpretation. In this chapter an attempt is made to identify the most important of those methods and to assess the legitimacy of the Court’s general approach.
Supply Chain Transparency
Authors: Lamming Richard , Caldwell Nigel , Phillips Wendy
Published: November 2023

Behind the basic principle of supply chain management and much of the rhetoric of cooperation within ‘chains’ is a bland simplification of the commercial interface between customer and supplier.
Swordsmen
Authors: Manning Roger B
Published: November 2023

Based upon a wide range of historical and literary sources, Swordsmen is a scholarly study of the military experiences of peers and gentlemen from the British Isles who volunteered to fight in the religious and dynastic wars of mainland Europe from the English intervention in the Dutch war of independence in 1585 to the death of the soldier-king William III in 1702. This apprenticeship in arms exposed these aristocrats to the chivalric revival, the military revolution and the values of neostoicism, and revived the martial ethos of the English aristocracy and reinvigorated the martial traditions of the Irish and Scots. This remilitarization of aristocratic culture and society was completed by 1640, and provided numerous experienced military officers for the various armies of the civil wars and, subsequently, for the embryonic British army after William III committed the Three Kingdoms to the armed struggle against Louis XIV during the Nine Years War. Service in mainland European armies also exposed swordsmen from the British Isles to a fully developed cult of duelling which hampered official efforts to divert aristocratic aggression from feuding and private war to the more rational military and political objectives of the modern state, subverted military discipline and delayed the process of professionalization of the officer corps of the British army.
Introduction
Authors: Carnie Andrew
Published: November 2023

The study of phrase or constituent structure explores the combination of words into phrases and sentences. Constituent structure provides the roadmap that determines which words can be combined with which other words. This book is about the many, and varied, attempts to explain how word combination occurs.
Constituent Structure
Authors: Carnie Andrew
Published: November 2023

Let us start our consideration of constituent structure by considering a few simple hypotheses about the nature of our grammars’ word-combination mechanisms. Outside of linguistics, there is a well-established tradition governing combinatorics: mathematics. So consider preliminarily the possibility that some already well-motivated mechanisms from arithmetic or other mathematical disciplines might be carried over to the domain of sentence structure. Perhaps the simplest theory of phrase structure would be one of linear concatenation.
Basic Properties of Trees: Dominance and Precedence
Authors: Carnie Andrew
Published: November 2023

In the last chapter, we looked at some preliminary evidence that syntactic structure is organized hierarchically into constituents. In this chapter we look at many of the terminological and structural properties of a hierarchical constituent structure. We will look primarily at the formal description of trees and the basic structural relations of dominance (also known as domination) and precedence. I start by giving some definitional descriptions—some formal, some intuitive—in terms of the graphic representation of each relation, then I provide a more precise description in terms of axiomization in first-order logic or set theory.
Second Order Relations: C-command and Government
Authors: Carnie Andrew
Published: November 2023

The previous chapter dealt with the basic structural relations of dominance and precedence, which gave the tree a total ordering. The focus of this chapter is on two structural relations that are derived from dominance: c-command and its local variant, government.
Extended Phrase Structure Grammars
Authors: Carnie Andrew
Published: November 2023

In the last chapter, we looked at a narrow version of a phrase structure grammar. Here we consider various proposals for extending PSGs. We are interested in things that PSRs do not do well and therefore require extending mechanisms, and things that PSRs can do but would be better handled by other components of the grammar.
Phrasal Categories and Cartography
Authors: Carnie Andrew
Published: November 2023

The previous ten chapters of this book have focused on the mechanisms for forming, describing, or licensing constituent structure(s). Up to now, wherever possible, I have tried to abstract away from the content of those structures. Needless to say, the question of the nature of the content or category of constituents is vital to understanding constituent-structure systems. This much should be clear from the role played by heads in most recent theories of syntax.
Managing for Creativity
Authors: Bichard Sir Michael
Published: November 2023

It is always exciting to be able to predict major changes to the look of organizations. But, in truth, I doubt that the next two decades will bring transformational change. Yes, there will be more SMEs, more niche companies and more virtual organizations. And yes, in the remaining large, often public sector corporates there will be an increase in devolution. But organizations are by nature conservative and it is sobering to reflect how in the public sector, for example, the devolution/modernization rhetoric of the last decade has not been matched by the reality of central targets and central control. For me, the more interesting question is not how managers will need to adjust their skills and style to adapt to organizational change—but what capabilities organizations will need to develop in order to succeed, and what consequences this will have for managers. And if there is one thing which will distinguish the great twenty-first century organizations from the rest, it will be their creativity.
Management Education and Leadership
Authors: Cox Sue , Fox Steve
Published: November 2023

Interest in leadership development has grown substantially over the past decade. Organizations increasingly see leadership capability as a source of competitive advantage. However, the UK evidence on the state of the current management and leadership capability (and its relation to performance) reported by the Council for Excellence in Management and Leadership (CEML) suggests that there is much dissatisfaction from managers, at all levels, with the quality of leadership within their organization. There is also agreement that professional associations should incorporate leadership development as a vital part of their pre-qualification and CPD programmes (Fox et al., 2001). In the light of these findings, it is not surprising that leadership development and leadership studies have become big business for management educators in the UK. In this section of the book, we reflect on the changing nature of management education within business schools and highlight the importance of effective partnerships in leadership development. We will cover the main criticisms of management education and the two major reform movements which have addressed these, which set the scene for the recent renaissance in leadership development. We will conclude by discussing what leadership development shares with the reform movements
Principles, Politics, and Criminal Justice
Authors: Lacey Nicola
Published: November 2023

This chapter addresses three issues concerning the relationship between criminological scholarship (broadly conceived) and criminal justice policy. It examines the lack of any clear, agreed framework of principle for the conduct or reform of criminal justice practices; it considers the increasing politicization of criminal justice within national politics; and it analyses the impact of this politicization on the project-widely endorsed by criminal justice scholars but rarely realized in policy development-of moving towards a more principled, transparent, and legitimate criminal justice practice.
Hearing, Not Listening: Penal Policy and the Political Prisoners of 1906–1921
Authors: Mcconville Seán
Published: November 2023

There is an etiquette for volumes of this kind. Contributors should have an association with the person to whom honor is being paid, and essays should pick up a theme in his or her work. This chapter falls well within these conventions. I was one of Roger Hood’s earliest doctoral students and his supervision laid the basis for a continuing friendship. This chapter touches on his scholarly interests in several ways; I hope it also expands on some of his key values.
Introduction
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

This book examines the liability of public authorities for the tort of negligence. A tort is a ‘civil wrong’,which entitles the victim of the wrong to obtain damages from its perpetrator or to some other remedy. ‘Negligence’ is one such tort. Essentially, liability for the tort of negligence will be imposed if a defendant breaches a duty to act carefully which he or she owes to the claimant, and the defendant’s carelessness causes the claimant to suffer a legally recognized form of injury, such as physical damage to the person or property, and in certain cases if the claimant sustains economic losses.
Education
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

It has long been established that schools owe a duty to look after the health and 9.01 safety of their pupils. In recent years, the duty imposed on schools has been extended to taking care of the ‘educational needs’ of pupils.This has led to the imposition of liability in cases of what has been described as ‘educational negligence’. These cases have tended to involve a failure to diagnose and treat learning difficulties, though the courts have made clear that schools are under a general duty to ensure that reasonable care is taken in the provision of education.
Emergency Services
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

Various different services, under the auspices of public authorities, have been created to respond to emergencies. Some, such as fire and ambulance services, are provided pursuant to statute. Others, such as coast guards, are not. The following chapter considers the liability in tort of these various services. As we shall see, the existence, or otherwise, of a statutory framework covering the emergency service does not affect the scope of the common law duties of care it owes, and essentially the same principles apply regardless of the statutory framework.
Results: through a glass darkly
Authors: Pollitt Christopher , Bouckaert Geert
Published: November 2023

The question of what has resulted from all the many reforms is obviously an absolutely fundamental one. Yet it is not at all simple. The label ‘result’ can be applied to many different aspects, and may incorporate a variety of concepts.
The Family, Creditors, and Insolvency
Authors: Miller Gareth
Published: November 2023

This book considers the impact of insolvency and the claims of creditors on the family. The conflict between the interests of creditors and the interests of the family is not easy to resolve particularly in the context of a marriage breakdown, bankruptcy, or where claims concern the possession of the family home. This is therefore an area of considerable practical importance and one that raises key issues of principle. The book provides commentary on the existing regime (covering both contentious and non-contentious matters), and also highlights new questions and problems not previously considered in any depth, including the enforceability of mortgages of the family home against surety spouses, and the impact on family members of application of orders for sale. It acts as a guide for family and insolvency practitioners who already have an understanding of basic procedures but need advice on the complexities when these two areas come into conflict.
Society and the Individual
Authors: Cooley C H
Published: November 2023

Most people not only think of individuals and society as more or less separate and antithetical, but they look upon the former as antecedent to the latter. That persons make society would be generally admitted as a matter of course; but that society makes persons would strike many as a startling notion, though I know of no good reason for looking upon the distributive aspect of life as more primary or causative than the collective aspect.
The Arts of Impression Management
Authors: Goffman E
Published: November 2023

In this chapter I would like to bring together what has been said or implied about the attributes that are required of a performer for the work of successfully staging a character. Brief reference will therefore be made to some of the techniques of impression management in which these attributes are expressed. In preparation it may be well to suggest, in some cases for the second time, some of the principal types of performance disruptions, for it is these disruptions which the techniques of impression management function to avoid.
Keeping an Eye on the Mirror: Image and Identity in Organizational Adaptation*
Authors: Dutton Jane E , Dukerich Janet M
Published: November 2023

The homelessness problem is perhaps a blight on that professionalism that we like to display, and that we are so proud of, and I think this is of great concern there. Again, there may be some conflicting issues on spending money to help solve the problem, but I think that’s a value. We build beautiful facilities, we take pride in that, and the homelessness issue is something that obviously affects the perceptions of us.
Organizational Impression Management as a Reciprocal Inﬂuence Process: The Neglected Role of the Organizational Audience
Authors: Ginzel Linda E , Kramer, Roderick M , Sutton Robert I
Published: November 2023

“Every organization,” as Pfeffer observed (1981), “has an interest in seeing its deﬁnition of reality accepted... for such acceptance is an integral part of the legitimation of the organization and the development of assured resources” (p. 26). Consequently, when events occur that challenge or call into question an organization’s deﬁnitions or interpretations of reality, organizational leaders often feel compelled to engage in efforts to protect, repair, and enhance the images of the organization and its leadership (Ashforth & Gibbs, 1990; Dutton & Dukerich, 1991; Sutton & Kramer, 1990).
Organizational Dress as a Symbol of Multilayered Social Identities
Authors: Pratt Michael G , Rafaeli Anat
Published: November 2023

Patients who wear pajamas, and see hospital garb around them think of themselves as sick. If they and their caretakers wear street clothes, patients will think of themselves as moving out of the sick role, and into rehabilitation. They will be ready for life outside the hospital. This is the rehab philosophy, and this is what makes this unit unique.
The Dynamics of Organizational Identity
Authors: Hatch Mary Jo , Schultz Majken
Published: November 2023

In a world of increased exposure to critical voices, many organizations find creating and maintaining their identities problematic (Albert & Whetten, 1985; Cheney & Christensen, 2001). For example, the media is taking more and more interest in the private lives of organizations and in exposing any divergence it finds between corporate images and organizational actions. This exposure is fed by business analysts who now routinely supplement economic performance data with evaluations of internal business practices such as organizational strategy, management style, organizational processes and corporate social responsibility (Fombrun, 1996; Fombrun & Rindova, 2000).
Members’ Responses to Organizational Identity Threats: Encountering and Countering the Business Week Rankings
Authors: Elsbach Kimberly D , Kramer Roderick M
Published: November 2023

Out of the four billion people on earth, everyone in our class must be in at least the most fortunate two-tenths of one percent. But we figure if this school were ranked first or second instead of ninth [by the Business Week survey], we’d be in the top one-tenth of one percent, so we’re all pissed off.
The Employment Contract: Legal Principles, Drafting, and Interpretation
Authors: Brodie Douglas
Published: November 2023

The Employment Contract: Legal Principles, Drafting, and Interpretation provides a detailed analysis of the content of the employment contract. It explains the way in which the general principles of contract law operate in respect of the employment contract, discusses the significance of implied terms in interpreting the employment contract, and includes guidance on the drafting of effective employment contracts. Offering a balance between a reliable guide to the current law and an analysis of how the employment contract might develop, the book will be of equal interest to the practitioner and the academic.
Formation of the Contract
Authors: Brodie Douglas
Published: November 2023

An offer of employment may be made conditionally and accepted on that 3.01 basis. In such a case a conditional contract may come into being.1 For instance, the employer may insist that the offer is conditional on the passing of a medical. The question whether such a condition has been satisfied might be thought to be, in essence, an objective one.2 More difficult questions arise should the employer seek to treat the matter as falling within his prerogative. In Wishart v National Association of CAB the plaintiff was offered the post ‘ subject to receipt of satisfactory written references’.3 He accepted the offer.
Mutual Trust and Confidence
Authors: Brodie Douglas
Published: November 2023

Within employment law one of the most important common-law developments in the past twenty-five years has been the emergence of the implied obligation of mutual trust and confidence. In Woods v WM Car Services it was said that the term provides that the employer will not ‘without reasonable and proper cause, conduct itself in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between employer and employee’.1
The duty of fidelity
Authors: Brodie Douglas
Published: November 2023

Implied into every contract of employment is a duty of fidelity which will 7.01 obviously be important should there be an absence of express obligations of this nature. However, it will also govern matters should an express clause be found to be invalid as being in restraint of trade.1 In Malik v BCCI Lord Steyn addressed the relationship of the term with the much more modern term of mutual trust and confidence. He emphasized that the latter obligation adds little to the employee’s implied obligations to serve his employer loyally and not to act contrary to his employer’s interests.2
Interpretation of Employment Contracts
Authors: Brodie Douglas
Published: November 2023

What might be offered in a chapter on the interpretation of employment 11.01 contracts? One might take the view that the answer is, relatively little. After all, questions of interpretation will often turn on the wording of the particular contract in dispute: ‘ I add, in parenthesis, that a reported case on the construction of one contract of employment is usually of no assistance in construing another contract of employment. ’1 Again, it might be said that such questions are resolved within a framework of general contractual principles. Despite all that, there is in fact much that might, at least, be explored.
The discourse function of applicative constructions
Authors: Peterson David A
Published: November 2023

Essentially, two types of functional explanation have been suggested for the existence of applicative constructions. These are more morphosyntactically-based and more discourse-functional explanations, though it is not clear that they are mutually exclusive, strictly speaking. The more morphosyntactically grounded type of explanation is based on the observation that by using an applicative construction, peripheral arguments may be accessible to constructions which normally only direct objects would have access to, such as passivization and relativization.
The evolution of applicative constructions
Authors: Peterson David A
Published: November 2023

There have been only a few studies concerning diachronic aspects of applicative constructions. The goal of this chapter is to provide an account of the life cycle of applicative constructions with exemplification from a variety of language families.

Most previous studies of applicative diachrony deal with the source of the morphology which marks the constructions (Craig and Hale 1988; Garrett 1990; Rude 1991). While there are potential exceptions, as will be shown below, the answer to the question of where the morphology that marks applicative constructions comes from is relatively simple: there are adpositional and verbal sources.