bluuebunny/crossref_metadata_2025 huggingface dataset:
Introduction, theoretical framework, and chapter contents
Authors: Gugler Klaus
Published: November 2023

Spectacular business failures, the build-up of huge excess capacities, unscrupulous managers expropriating shareholders by paying themselves fantastic salaries, and the roles played by the market for corporate control and institutional investors in generating apparently short-term investment objectives, have led to a renewed interest in corporate governance. Zingales (1997) defines a governance system in the spirit of Williamson (1985) as a ‘complex set of constraints that shape the ex post bargaining over the quasi rents generated in the course of a relationship’.
France
Authors: Kremp Elizabeth , Sevestre Patrick
Published: November 2023

Almost 70 years ago, Berle and Means (1932) raised in their seminal book the question of the relationship between firms’ corporate governance systems and their performances. However, in France, the interest of economists, managers, and economic decision-makers in corporate governance issues has been noticeable only in the last few years. Indeed, 90 per cent of the empirical studies devoted to this question have been published in the last five years and, following the Cadbury Report, the French Employers’ Syndicates Organization (MEDEF-Movement des Entreprises de France, formerly the CNPF, Conseil National du Patronat Fran¢s), asked for two successive reports about corporate governance in France (Vienot 1995, 1999).
Spain
Authors: Crespf-Cladera Rafel
Published: November 2023

This review focuses on the recent developments of corporate governance issues in Spain. The environment of this research is a thin, though in importance increasing, equity capital market. There were around 600 listed companies in Spain in 1997, half of which operated in the financial sector. Effective market turnover is highly concentrated: nearly 70 per cent of effective market turnover is attributed to ten companies on the Electronic Market. The emphasis of this research lies on the agency relationships in large corporations where ownership and decision rights are separated.
Scottish Contempt from 1998: Brave New World?
Authors: Bonnington Alistair , Mcinnes* Rosalind
Published: November 2023

There has not been a prosecution for publication contempt in Scotland since the coming into force on 2 October 2000 of the Human Rights Act (HRA) 1998, as at the time of writing. In that sense, the effect of the Human Rights Act remains to be directly confronted in the future. In another sense, however, the Scottish judiciary have been sharply conscious of the Act’s waiting in the wings ever since 1998—a year that also saw the passing of the Scotland Act.
Trade Mark and Passing Off Cases
Authors: Maniatis Spyros M , Wilson* Caroline l.
Published: November 2023

Blackburne J in BBC v. Talksport  1 reconfirmed that the tort of passing off requires three elements: a misrepresentation; goodwill, communicated to the consumer through protectable indicia; and damage. Misrepresentations on their own do not fall within the ambit of passing off. The BBC, the only UK broadcaster entitled to broadcast live Euro 2000 football matches, objected to Talksport’s advertising claim that its Euro 2000 coverage was ‘live’. Talksport was covering the matches as they happened but the broadcast was ‘off-tube’, its commentator was not sitting in the stadium but viewed and described the match from a television screen outside the stadium. To make the broadcast more attractive the defendant added pre-recorded sound effects, conveying to the listener the false impression that crowd reactions were directly broadcasted.
EC and UK Competition Law Developments
Authors: Szlezinger* Sam
Published: November 2023

Over the last year, the European Commission and UK Competition Commission have not prohibited any mergers or joint ventures in the media sector (though one merger, EMI/Time Warner would probably have been prohibited had it not been withdrawn). That fact belies the significance of the mergers, acquisitions and joint ventures that have been examined by the authorities, both in terms of their number and their effect on the market. Many of these arrangements have been designed to bring together the content of traditional media businesses with the distribution businesses of Internet companies and have created vertical concerns that either content or access would be foreclosed to competitors..
Michael Henry (ed.), International Privacy, Publicity and Personality Laws , London: Butterworths, 2001, xxiii + 506 pp. (£175).
Authors: Gibbons Thomas
Published: November 2023

This is very timely publication and of particular interest to readers in the United Kingdom. They will know that, quite recently, the courts have started to develop a common law remedy for invasions of privacy, a response to the absence of legislative enthusiasm to adopt any reform proposals that have been advanced over the past 30 years. Implementation of the European Convention on Human Rights, through the Human Rights Act 1998, increases the prospect of a full judicial remedy emerging soon. However, the Convention jurisprudence is not well developed on interference with personal privacy and the courts will have to look to other jurisdictions to examine suitable models and principles to adopt. At the same time, concerns over privacy are only one part of a wider interest in personality rights. Such rights embrace intrusions into personal space by journalists or the state, together with data protection. But they also include the rights of individuals to exploit their name, likeness or other attributes in a commercial manner, and therefore control the way that others may want to do the same. The latter rights are especially significant in a global communications market, where the wide range of different approaches across so many jurisdictions can create considerable practical problems.
Pierre Larouche, Competition Law and Regulation in European Telecommunications , Oxford: Hart Publishing, 2000, xxxvii + 466 pp. (£45).
Authors: Reville Nicholas
Published: November 2023

Debate about the value of radio communications spectrum has intensified since the Government raised £22.5 billion at the beginning of the new millennium by auctioning five third-generation mobile phone licences. In June 2001 Professor Martin Cave’s government-commissioned consultation paper into such spectrum management suggested that telecommunication regulators should proceed with plans to create a secondary market for trading spare spectrum in order to encourage the efficient use of Britain’s scarce radio frequencies.
Constructing Global Corporations: Contrasting National Legacies in the Nordic Forest Industry
Authors: moen eli , lilja kari
Published: November 2023

The strong drive towards forming Euro corporations and even corporations that are claimed to have a global presence (Bartlett and Ghoshal 1989; Ohmae 1987) has led scholars to suggest that firms are becoming similar with respect to their operations, managerial styles, and work systems. Such a thesis has support from various sources. One obvious source of evidence is the car industry, which has entered into cross-continental mergers and transformed its ways of operations at the global level (Womack et al. 1990). Another source of evidence towards homogenization is derived from the increasing importance of new managerial techniques designed and diffused by the international management consultant firms, business media, and business schools (Abrahamson 1996).
Globalization and Change: Organizational Continuity and Change within a Japanese Multinational in the UK
Authors: sharpe diana rosemary
Published: November 2023

Recent debates on changing forms of managerial control and work organization have often neglected the ways in which management systems and work practices are implemented and sustained in different contexts. This chapter presents a contribution based on an in-depth comparative study of how one internationalizing manufacturing organization from Japan has sought to introduce management systems and work organization at two UK sites. This provides an interesting context in which to examine if, and how, parent company systems are transferred, adapted, and sustained in an overseas subsidiary and to examine multinational organizations as potential sites of negotiation and conflict within which the influence of different business systems and actors is confronted and contested in the dayto-day management practices and processes of the foreign subsidiary.
Putting Britain on the Roe Map: The Emergence of the Berle-Means Corporation in the United Kingdom
Authors: Cheffins Brian R
Published: November 2023

Almost all of America’s largest business enterprises have their shares traded on the stock market, which means publicly quoted corporations play a dominant role in the country’s economy (Moerland 1995: 19). Such firms are typically run by professionally trained managers and owned by widely dispersed shareholders who buy and sell stock freely in well-developed securities markets. A central feature of American corporate governance therefore is the separation of ownership and control (Gilson 1996: 330). Various leading corporate law scholars have sought over the past few years to explain why capitalism in the USA has evolved in accordance with the foregoing pattern (e.g. Gilson 1996; Easterbrook 1997; Coffee 1999). Work done by Mark Roe, a law professor at Harvard, has helped to trigger this research activity.
Convergence or Divergence in Corporate Governance Patterns in Western Europe?
Authors: Wymeersch Eddy
Published: November 2023

Are there signs that corporate governance patterns are converging? What factors indicate convergence or divergence? What are the forces underpinning this evolution? In which direction are the new patterns evolving? These are but a few of the fundamental questions that require answers. Before commencing this essentially descriptive analysis, a few provisos are required. There have been previous attempts to measure convergence of governance patterns, but no convincing yardstick has emerged. The subject should therefore be put in perspective: do governance structures matter? This question has received many different answers (Baysinger and Buder 1985; Lin 1996: 98; Bhagat and Black 1998: 81; Black 1998). Convergence as such is not important.
Reorganization Law and Dilution Threats in Different Financial Systems
Authors: Hege Ulrich , Mella-Barral Pierre
Published: November 2023

In many European countries, there is an ongoing process and debate about bankruptcy law reform, stimulated by what is perceived as the success of Chapter 11 of the US Bankruptcy Code of 1978. The French bankruptcy laws of 1985 and 1995 and the new German insolvency code enacted in 1999 have accordingly weakened creditor rights and facilitated court-supervised reorganization (Kaiser 1996; White 1996). In Britain, where the Insolvency Code gives a clear advantage to senior creditors, there is an active debate about reforming the bankruptcy legislation (Franks and Nyborg 1996), as for example in the Netherlands and Italy. The discussion is not confined to Western Europe: Transition economies in East and Central Europe have faced the need for a massive and parallel financial restructuring of firms, and recent financial crises in debt-laden emerging markets have underscored the potentially high cost of insufficient bankruptcy laws and lacking re organization procedures. In a historical perspective, there is a striking coincidence between major reforms of bankruptcy laws and of banking laws in the USA and in Germany (Hauswald 1996).
Visualization Needs Vision: The Pre-Paradigmatic Character of Virtual Reality
Authors: Peter Swann G M , Watts Tim P
Published: November 2023

Many have been captivated by the potential of virtual reality (VR)—or inter active 3D visualization as it is sometimes called. The rationale seems compel ling. Moore’s law2 offers the prospect of unlimited computing power if only we can solve the interface problem. But that cannot happen if we continue to use primitive forms of human–computer interface.
Allegories of Creative Destruction: Technology and Organization in Narratives of thee-Economy
Authors: Knights David , Noble Faith , Vurdubakis Theo , Willmott Hugh
Published: November 2023

To what extent, if at all, can the careers and trajectories of particular techno logies be separated from the various discourses used to promote or undermine them? The massive growth in information and communications technologies (ICTs) has been closely shadowed by a proliferation of interpretative struggles over the nature, capacities, and likely effects of each new technological appli cation. In this respect, managers, consultants, journalists, academics, politi cians, and would-be gurus could all be described as professional producers and consumers of stories ‘about’ technology, its role and consequences.
German
Authors: Gör6;rlach Manfred , Busse Ulrich
Published: November 2023

The articles concentrate on various problems linked with the foreign principles of spelling and pronunciation of anglicisms and their effects upon the German system, e.g. vowel quantity, single vs. double consonants, the spelling of compounds and multiword units, etc. This thesis summarizes the English influence on German in the first half of the nineteenth century, based on the entries in the Deutsches Fremdwörterbuch (Berlin: de Gruyter) of the Institut für deutsche Sprache, Mannheim.
Hungarian
Authors: Farkas Judit , Kniezsa Veronika
Published: November 2023

No other language in Eastern Europe has had so many dictionaries of foreign words in its history. The aim of this one was to bring the foreign element in the Hungarian lexicon up-to-date including information about their phonemic, orthographic and morphological adaptation and their field-oriented usage. The primary aim is to serve the larger public; it does not replace a special dictionary of anglicisms which has in fact never been compiled for Hungarian.
Catalan
Authors: González Félix Rodríguez
Published: November 2023

Since the number of studies does not justify an independent section and the problems discussed are closely related to those of Spanish, the nine entries are here appended.
Procedural Law and Rules in Arbitral Practice
Authors: Petrochilos Georgios
Published: November 2023

No discussion of international arbitration law is complete without a survey of the practice of arbitral institutions and tribunals. This chapter therefore analyses various arbitration rules, with emphasis on those applied in international disputes (section II), and the practice of arbitral tribunals (section III), to ascertain how the procedural law and rules of an arbitration are chosen and applied in practice. The focus will be on the methodology of such choice, and on the relationship of the procedural law chosen with the law of the situs of the arbitration, a matter on which preliminary observations are made in section I below. A final section (IV) briefly discusses general principles of arbitral procedure, as derived from arbitral practice.
Loan Refusals
Authors: Collins Michael , Baker Mae
Published: November 2023

Having examined the general profile of commercial bank loans to industry in the previous chapter, we now concentrate on a particular aspect of bank industry relationships, namely the circumstances surrounding those occasions on which business clients’ requests for loans were refused by the banks. It is thought that examination of the reasons for these unsuccessful loan applications might provide a specific means of establishing the limits to industrial lending made by the commercial banks in the pre-1914 period, of determining where the line was drawn by the banks between acceptable and unacceptable loans. The intention is to establish the principles and rules governing bank practice and, thus, help in the general evaluation of the various criticisms levelled at the banks with respect to support for industry.
Contributory Negligence
Authors: Weir Tony
Published: November 2023

It used to be the rule at common law that if your own carelessness had contributed to your injury, your claim in negligence was completely barred, even if the defendant’s fault and contribution were much greater than your own. This rule was very harsh, since most accidents, especially those at work, would be avoided if the victim had been more careful, and even if the accident itself cannot be prevented, the harm resulting from it can be reduced by sensible precautions, such as wearing a seat-belt or a hard hat. In 1945 this vicious old rule was replaced by statute. Nowadays damages for an injury are to be reduced to the extent that the claimant’s fault contributed to it. ‘Contributory negligence’ is thus only a partial defence—it affects the claimant’s quantum of recovery rather than the defendant’s liability—but it is raised very frequently, and has a great impact on the operation of the law. Note that while in the United States ‘contributory negligence’ refers to the old rule, now generally replaced there by ‘comparative negligence’, in England ‘contributory negligence’ denotes only the negligence of the claimant himself, not that of a third party whose negligence equally contributes to the occurrence of the harm.
Trespass
Authors: Weir Tony
Published: November 2023

The tort of negligence tells us when a person has to pay compensation for harm he has caused without meaning to. The role of the tort of trespass is quite different. Its very important function is to protect and vindicate the basic rights of the citizen against deliberate, even well-meaning, invasion, whether or not any damage is caused: every positive act which directly invades one of those basic rights is tres-passory, and leads to liability unless it is justified in law. It is to the tort of trespass one must look if one wants to learn whether a doctor may sterilize an adult patient of very feeble intellect, whether the police may stop or arrest a person in the street or enter a private house or garden, whether people may peacefully gather on the highway without obstructing it and so on. The questions raised and answered in this chapter are a good deal more interesting than the question whether one insurance company has to pay another for accidental damage to property: we are here concerned with rights and liberties. When are you entitled to strike another? When may you seize something in his possession? If negligence law says (after the event) what you should not have done, trespass law lets you know (in advance) what you may do by way of—to use a phrase—direct action.
The Brussels Convention Becomes A Regulation: Implications For Legal Basis, External Competence, And Contract Jurisdiction
Authors: Beaumont* Ptzul R
Published: November 2023

It is a great privilege to be able to take part in a collection of essays paying tribute to Sir Peter North. I have appreciated his scholarship for many years bur only in recent years have had the privilege of getting to know him in three contexts. First he was deservedly awarded an Honorary LLD by the University of Aberdeen, second he was the external examiner for a PhD thesis that I supervised, and third he has been the Chairman of the UK Advisory Committee on the proposed Hague Convention on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters of which I am a member. In the first context Sir Peter was modest and charming. He was at the time Vice Chancellor of the University of Oxford but had no airs and graces, side, or arrogance. He was genuinely delighted to receive the honorary degree, particularly because it was given as part of the celebrations of the installation of his old University friend Lord Wilson of Tillyorn as Chancellor of the University of Aberdeen.
The Eu And A Metamorphosis Of Private International Law
Authors: d’Oliveira Hans Ulrich }essurun
Published: November 2023

Although private international law has always been looked upon as an arcane subject-a characterization which the high priests celebrating its mysterious lore have seldom sought to deny-it has never ceased to be influenced by the outside world. ‘l’he permeability of it body of rub and principles and indeed of its very structure has been repeatedly demonstrated over the centuries. The amazing change of paradigm brought about by the success, primarily on the continent to be sure, of volume Vlll of von Savigny’s System des heutigen rOmfschen Rechts (1849) did not fall from the sky. It is the result, not only of the genius of the author, but of profound changes in society as well. I do not need to dwell too long on these well-known tramformations. The imtauration of the sovereignty of the people, the fall of theancien rigimeand concentration of power in the bourgeoisie, the ideology of the enlightenment and its principles of freedom, equality, and a little solidarity, the industrialization, the professionalization, and bureaucratization of society and government, accompanied by new theories about the place and function of law, have all contributed to theories such as those ofvon Savigny.
Special Rules Of Private International Law For Special Cases: What Should We Do About Intellectual Property?
Authors: Fawcett* James
Published: November 2023

At the moment, one of the most problematic areas of private international law is that of jurisdiction Ill intellectual property cases where a claim for infringement of a right raises the issue of the validity of that right. The question of how juridicrional rule operate in such ca es has arisen in the context of the Brmsels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, now the Brussels I Regulation, and is now taxing minds at the Hague Conference on private international law during discussion of thc’ Hague Judgments Convention. The problrn1 that arises in both contexts is, in general terms, one of the interaction of different base of jurisdiction. Mure particularly, under the Brussels I Regulation the problem is one of the interaction of the special rule for intellectual property cases raising the issue of validity of a patent, etc, which allocates exclusive jurisdiction to the Member State where the right was registered, and other bases of jurisdiction Which are of more general application, in particular the basis of jurisdiction that a plaintiff can rely upon in a tort case. As far as the Hague Judgments Convention is concerned, the problem is more fundamental and raises the question of whether there should be any special rule of exclusive jurisdiction in intellectual property cases and, if so, how wide its scope should be, bearing in mind that the wider it is the more it cuts across other bases of jurisdiction, including the rule dealing with jurisdiction in tort.
Central Banks and the Process of Financial Internationalization: A Secular View
Authors: James Harold
Published: November 2023

There have been two waves of internationalization, or-to use the currently fashionable world, ‘globalization’-in the modern history of the world economy, the first lasting from the 1870s to the 1920s, the second since the end of the 1960s. Central banks played a prominent part in each, but more frequently they represented an attempt to erect protective devices rather than acting as a facilitator of international financial connectivity. Unlike earlier central banks, which were essentially private institutions that gradually evolved to meet a need for central bank functions such as clearing, the provision of liquidity, and the supervision of the banking system, the central banks that were established in the nineteenth-century era of globalization were from the start charged with public functions. They were usually created at the initiative of governments or parliaments, rather than through private initiative; and their major function was seen as providing some form of defensive barrier against globalization. At this time, there began a dynamic of a competitive race of regulation and control against market-driven forces of innovation: a competition that persisted through the twentieth century, and which-one might think-central banks working on their own were bound to Jose.
The Victim in Criminal Justice
Authors: Strang Heather
Published: November 2023

Imagine a criminal justice system in a democratic state which has evolved over hundreds of years. Imagine those accused of crime in that state acknowledging their legal guilt despite a deep-seated sense of grievance, while advocates on their behalf minimize culpability on grounds their clients scarcely recognize. Imagine the victims of crime in that state having no chance to explain the consequences of the crime, their views seen as irrelevant and even dangerously distracting in the pursuit of justice. Imagine further a criminal justice system in which the guilty parties, having distanced themselves entirely from the consequences of their actions, are punished by the only means available —financial penalty, community service, or loss of liberty —all of them characterized by un connectedness to the crime, and meaningless to victims except in terms of their desire for revenge.
Repair or Revenge?
Authors: Strang Heather
Published: November 2023

The momentum of the restorative justice movement over the past decade has given rise to some extravagant claims for its superiority to formal justice processes in dealing with crime. Most of those claims relate to benefits for offenders and, to a lesser extent, to communities which will profit from the lower offending rates which, it is hoped and sometimes assumed, will follow from restorative interventions. Less attention has been paid to the way victims feel about restorative programmes and many victim advocates have remained suspicious about the motivations behind such programmes, their focus, and the likely benefit to victims from taking part.
Media Corporatism and Cosmopolitanism
Authors: Caglar Ayse
Published: November 2023

Recent literature on cosmopolitanism (Clifford 1998; Robbins 1998a) tries to go beyond defining cosmopolitanism in opposition to locality. Beck (chapter 6, in this volume) urges us to ‘think about the cosmopolitan disposition as something that does not have to exclude the perspective of the local’. Instead of approaching cosmopolitanism with a universalist nostalgia in the idiom of a complete detachment (Clifford 1998), we could consider it a reality of (re)attachment with multiple affiliations. In cosmopolitanism there is definitely a concern to go beyond the locality. However, it can still be conceived of as a mode of attachment, which, by entailing multiple, uneven and non-exclusive affiliations, challenges the conventional notions of locality as well as of belonging.
Protecting humanitarian aid operations
Authors: Seybolt Taylor B
Published: November 2023

Humanitarian relief includes commodities over which warring parties and independent militia fight. Food and medical supplies keep armies on their feet when civilians are targets, denying them access to the necessities of life is an effective weapon. In such an environment, aid operations are under constant threat. Aid organizations frequently operate in conflict zones where they negotiate safe passage without physical protection. Often that safe passage comes at the price of losing a certain percentage of their supplies to the warring factions, which inadvertently helps to sustain the conflict. An obvious remedy is to protect aid operations with military force. Military protection of aid, however, raises thorny issues of principle and practice.
Men without Children
Authors: Akerlof George A
Published: November 2023

The chorus of family values that has rocked America over the last few years has focused on the impact of children growing up without fathers. In this lecture I shall address the obverse question: what is the impact on society of men neither marrying nor living with children. Between 1968 and 199 3 the fraction of men 25 to 34 who are householders living with children declined from 66% to 40%. I shall model marriage according to its traditional and conventional meaning as a rite of passage-a sacrament that marks the transition from one stage of life to another.
Behavioral Macroeconomics and Macroeconomic Behavior*
Authors: Akerlof By George A
Published: November 2023

Think about Richard Scarry ’s Cars and Trucks and Things That Go. Think about what that book would have looked like in sequential decades of the last century had Richard Scarry been alive in each of them to delight and amuse children and parents. Each subsequent decade has seen the development of ever more specialized vehicles. We started with the Model T Ford. We now have more models of backhoe loaders than even the most precocious four-year-old can identify.
The Right To Liberty
Authors: Clayton Richard , Tomlinson Hugh
Published: November 2023

Arrest with warrant. In Henderson v Chief Constable of Cleveland [2001] 1 10.31 WLR 1103 the Court of Appeal held that where an arrest is carried out in the execution of a default warrant, the failure to take the person arrested immediately before a court (should a court be sitting) was not unlawful and did not render his continuing detention on the arrest warrant unlawful.
The Right To Respect For Privacy And The Home
Authors: Clayton Richard , Tomlinson Hugh
Published: November 2023

In Douglas v Hello! Ltd [2001] QB 967, para 110, Sedley LJ expressed the view 12.06 that the point has been reached where it can be said with confidence that the law recognizes and will appropriately protect personal privacy. However, there has been some debate about whether the courts would recognize a new tort of breach of privacy following the coming into force of the Human Rights Act (see Main Work, paras 12. 165ff).
The Right To Education
Authors: Clayton Richard , Tomlinson Hugh
Published: November 2023

The essential question for the appeals committee under Schedule 24 to the 19.22 School Standards and Framework Act 1998 is whether it was perverse in the light of the admission arrangements to refuse to admit the particular child; see R (London Borough of Hounslow) v School Admission Appeals Panel [2002] EWCA Civ900.
European Union Coordination and the Core Executive
Authors: Hayward Jack , Wright Vincent
Published: November 2023

European Community policy began as foreign economic affairs but increasingly penetrated into almost every part of domestic affairs) so that it has posed problems of predominance especially between the President and Prime Minister, the Foreign Minister and the Finance Minister. The need to adopt a clear and consistent posture in negotiations at Brussels and other European Union (EU) fora has been a stronger driving force promoting coordination than in other public policies but, although the institutionalized arrangements for such coordination have been impressive, they have encountered serious problems. While the General Secretariat of the Inter ministerial Committee for European Economic Cooperation (SGCI) is intended to be the pivot of the coordination process, intervention by the President, rivalry with the Prime Minister-especially in periods of cohabitension-rivalry between the Foreign Ministry and the sectoral ministries, especially the Finance Ministry, as well as the informal bilateral relations between ministry officials and the Commission, all contribute towards a disruption of the smooth working of a centralized coordination process.
Reassembling the Social
Authors: Latour Bruno
Published: November 2023

Reassembling the Social is a fundamental challenge from one of the world’s leading social theorists to how we understand society and the ‘social ‘. Bruno Latour’s contention is that the word ‘social’, as used by Social Scientists, has become laden with assumptions to the point where it has become misnomer. When the adjective is applied to a phenomenon, it is used to indicate a stablilized state of affairs, a bundle of ties that in due course may be used to account for another phenomenon. But Latour also finds the word used as if it described a type of material, in a comparable way to an adjective such as ‘wooden’ or ‘steely ‘. Rather than simply indicating what is already assembled together, it is now used in a way that makes assumptions about the nature of what is assembled. It has become a word that designates two distinct things: a process of assembling; and a type of material, distinct from others. Latour shows why ‘the social’ cannot be thought of as a kind of material or domain, and disputes attempts to provide a ‘social explanations’ of other states of affairs. While these attempts have been productive (and probably necessary) in the past, the very success of the social sciences mean that they are largely no longer so. At the present stage it is no longer possible to inspect the precise constituents entering the social domain. Latour returns to the original meaning of ‘the social’ to redefine the notion, and allow it to trace connections again. It will then be possible to resume the traditional goal of the social sciences, but using more refined tools. Drawing on his extensive work examining the ‘assemblages’ of nature, Latour finds it necessary to scrutinize thoroughly the exact content of what is assembled under the umbrella of Society. This approach, a ‘sociology of associations’, has become known as Actor-Network-Theory, and this book is an essential introduction both for those seeking to understand Actor-Network Theory, or the ideas of one of its most influential proponents.
Second Source of Uncertainty: Action Is Overtaken
Authors: Latour Bruno
Published: November 2023

In most situations, we use ‘social’ to mean that which has already been assembled and acts as a whole, without being too picky on the precise nature of what has been gathered, bundled, and packaged together. When we say that ‘something is social’ or ‘has a social dimension’, we mobilize one set of features that, so to speak, march in step together, even though it might be composed of radically different types of entities. This unproblematic use of the word is fine as long as we don ‘t confuse the sentence ‘Is social what goes together?’, with one that says, ‘social designates a particular kind of stuff’ .
Fifth Source of Uncertainty: Writing Down Risky Accounts
Authors: Latour Bruno
Published: November 2023

This introduction to ANT begins to look like another instance of Zeno’s paradox, as if every segment was split up by a host of mediators each claiming to be taken into account. ‘We will never get there! How can we absorb so many controversies?’ Having reached this point, the temptation is great to quit in despair and to fall back on more reasonable social theories that would prove their stolid common sense by ignoring most of the sources of uncertainty I have reviewed. We could swallow one, maybe two, but not four in a row.
Characterization
Authors: Ooi Maisie
Published: November 2023

In England the rules that have developed to deal with choice of law problems are expressed in terms of juridical concepts or categories and localizing elements or connecting factors. The structure is typically illustrated as follows: ‘the formal validity of marriage is governed by the law of the place of the celebration’; ‘capacity to marry is governed by the law of the parties’ domicile’. ‘The formal validity of marriage’ and ‘capacity to marry’ are the categories, while ‘the place of the celebration’ and ‘the parties’ domicile’ are the connecting factors.
Statutory Intervention
Authors: Ooi Maisie
Published: November 2023

Chapter 7 has shown that there is no prevailing consensus among legal practitioners, academics, and market participants as to what the choice of law rule should be. That having been said, there is clearly consultation, and significant strides have been made in identifying and understanding the complexities involved, and among those who have been most actively and publicly addressing the issues, a trend towards a convergence of position on the law of the relevant intermediary.
The Relational View: Cooperative Strategy and Sources of Interorganizational Competitive Advantage
Authors: Dyer Jeffrey H , Singh Harbir
Published: November 2023

Scholars in the strategy field are concerned fundamentally with explaining differential firm performance (Rumelt, Schendel, and Teece, 1991). As strategy scholars have searched for sources of competitive advantage, two prominent views have emerged regarding the sources of supernormal returns. The first— the industry structure view—associated with Porter (1980), suggests that super-normal returns are primarily a function of a firm’s membership in an industry with favorable structural characteristics (e.g., relative bargaining power, barriers to entry, and so on). Consequently, many researchers have focused on the industry as the relevant unit of analysis.
Profits, Losses, and the Nonlinear Pricing of Internet Stocks
Authors: Hand John R M
Published: November 2023

Empirical research into the valuation of companies normally assumes that the relations between profitability and equity market values are linear in the cross section and stationary over time. The thesis of this paper is these assumptions can be dramatically flawed for intangible-intensive firms.
What Then Must We Do?
Authors: Lev Baruch
Published: November 2023

Investors, and often managers too, are deprived of intangibles-related information on essential business capabilities and performance characteristics Examples of important, yet not disclosed, performance indicators follow:The utilization of intellectual property. Firms generally develop only a small fraction of the patents and know-how they possess into products or services, resulting in an underutilization of intellectual property.
Asset Management and Investor Protection
Authors: Franks Julian , Mayer Colin , Da Silva Luis Correia
Published: November 2023

Asset management is a major industry playing an increasingly important role in economic activity around the world. Traditionally, it has been primarily associated with the 'stock market' economies of the UK and the USA, but as this book shows some of the most spectacular growth in activity of recent years has occurred in continental Europe. This has presented opportunities and challenges. New forms of financial instruments and institutions have emerged in countries that have traditionally relied on debt and non-market forms of intermediation. Competition has intensified and entry has occurred both within and across national markets. However, this growth has been accompanied by potential problems; will investors enjoy a wider range of products and services, they face more complex instruments and transactions. Therefore, the potential for failures, such as misdealing and fraud, may have increased. The natural response is to strengthen regulation, but there is a fine balance to be struck between in adequate and excessive regulation of asset managers. This is particularly complicated in the context of European capital markets. European countries have traditionally had very different financial systems and asset management businesses, therefore it is no surprise to discover that they have many different approaches to regulating asset managers. How should the European Commission respond to this diversity? Should it seek to create greater uniformity via common regulatory rules? The particular focus of this book is financial resource requirements. There is currently an active debate about the role which capital requirements should play in asset management, particularly in the European context. In order to address this issue, the authors argue that it is necessary to understand the nature of the asset management business in different countries and the risks that it faces. They therefore discuss how the asset management business operates; how it is organized; the nature and size of risks in the business, who bears them and ho they are financed; and what the alternative forms of investor protection are, together with their associated costs and benefits.
The Industry Structure: Europe and the USA
Authors: Franks Julian , Mayer Colin , Da Silva Luis Correia
Published: November 2023

While Chapter 4 examines the size and constituent parts of the asset management business, this chapter focuses on the structure of the industry in the eight countries studied in this book. In particular, the number and ownership of firms and the level of concentration in these industries are examined. This allows any similarities or differences between the countries to be identified, which may be relevant when the regulatory framework is considered in the following chapter.
The Regulation of Investment Management Services in the USA
Authors: Franks Julian , Mayer Colin , Da Silva Luis Correia
Published: November 2023

This chapter provides further details on the regulatory rules and requirements for investment advisers and investment management companies in the USA. Regulation of advisers relates to registration, capital requirements, the handling of client money, and disclosure. Regulation of investment management companies relates to the form of oversight by the SEC, capital requirements, disclosure, custody rules for client assets, and the need for bonding of particular individuals against fraud and theft. The chapter then describes the common enforcement of both groups by the SEC, including the incidence of, and scope for, prosecution.
A Case Study in Authorized Collective Schemes
Authors: Franks Julian , Mayer Colin , Da Silva Luis Correia
Published: November 2023

In this chapter, a case of large losses is examined in detail. The case took place in the unit trust management industry, and not in the discretionary asset management under mandates, which is the main focus of the research. Nevertheless, it raises generic issues for investor protection, and illustrates: the way in which failures in the investment management process can occasionally create large losses; how parent firms with deep pockets and reputational capital at stake can provide investor protection;potential deficiencies in the protection provided by separate custodians and trustees; that capital requirements may not be an appropriate regulatory response to the occasional large losses described in this chapter.
Introduction: Governing Work and Welfare in a New Economy: European and American Experiments
Authors: Zeitlin Jonathan
Published: November 2023

Most recent discussions of work and welfare in Europe and the United States have tended to assume, implicitly if not explicitly, that little mutual learning could arise from transatlantic comparisons. According to one widespread view, common on the right, especially in the United States and certain international organizations, the 1990s saw the global triumph of a single dominant economic model, that of American free-market capitalism, whose superior efficiency was reflected in higher growth and lower unemployment rates than those of continental Europe.
The European Employment Strategy, Multi-level Governance, and Policy Coordination: Past, Present and Future
Authors: Goetschy Janine
Published: November 2023

Formalized by the Amsterdam Treaty (1997), the idea of the European Employment Strategy (EES) had already been initiated by the Delors White Paper on Growth, Competitiveness and Employment (1993) and had been made operational on a pragmatic basis by the Essen procedure after the European Council in December 1994. Following Amsterdam, the EES was put into practice before the official implementation of the Treaty on the basis of the employment guidelines formulated at the special Luxembourg summit (November 1997).
Recalibrating Europe’s Welfare Regimes
Authors: Ferrera Maurizio , Hemerijck Anton
Published: November 2023

In a well-known series of volumes on European welfare states published in the mid-1980s, Peter Flora coined the metaphor of’growth to limits’ (Flora 1986). This notion contained an institutional diagnosis of the social policy predicament which afflicted the Old Continent: the ambitious programs introduced during the trente glorieuses had come to (quasi–full) maturation and were therefore reaching their maximum extension in terms of coverage and generosity. While the realization of the ‘golden’ commitments of the past meant invaluable material advances for large masses of the population, growth to limits was causing a number of worrying budgetary and institutional strains: mounting public debts and deficits, the accrual of ‘automatic’ entitlements often treated as property rights, a gradual loss of overall policy flexibility, and so on (Ferrera 1998a).
Migration, Migrants, and Policy in the United Kingdom
Authors: Hatton Timothy J , Price Stephen Wheatley
Published: November 2023

International migration has been an important phenomenon in Britain. During the last fifty years migration in general, and immigration in particular, has become a key policy issue. Economic considerations have always been a part of the debate, but they have been subordinated to the more overtly social and political questions. For this and other reasons, the economic analysis of international migration, the experience of migrants and their impact on the wider economy is less advanced than is the case for some other countries in Europe and North America. The purpose of this paper is to draw together a number of somewhat disparate threads embracing the history of migratory movements, public policy towards immigration and race, the economic experience of immigrants and the overall impact on the economy. The first section charts the changing historical pattern of migration to and from Britain. This is followed by a sketch of the development of immigration policy linking it with developments in domestic race relations. This highlights the important distinction between migrants and ethnic minorities.
The problem of Linguistic Subgroupings*
Authors: Greenberg Joseph H
Published: November 2023

Both German and archaic English have in common anst suffix indicating the second person singular of the verb: German du denkst; English thou think-est. Given the relatively close genetic relationship of English and German, the obvious explanation is one of common origin, that is, that both forms are the continuations of a Proto-Germanicst, second person singular suffix in both English and German. The known history of these forms, however, shows something quite different. Both German and English inherited a second person singular in s. In both languages, independently, the suffixation of the independent pronoun in question led to a form inst, which then spread by analogy to noninterrogative constructions: pinkespu, pinkest; denkesdu, denkest.
Classification of American Indian Languages: a Reply to Campbell*
Authors: Greenberg Joseph H
Published: November 2023

In Language 64: 3 (1988), Lyle Campbell contributed a review article concerning my book Language in the Americas (henceforth C and LIA, respectively) that was uniformly negative. I believe that readers of Language should be made aware that one year before my book appeared in print, on the basis of a brief exposition of its contents in Current Anthropology (Greenberg, Turner, and Zegura 1986), Campbell wrote that my classification of American Indian languages ‘should be shouted down’ (1986: 488). Under these circumstances, an objective review could hardly be expected. More importantly, the reader of C’s review article gets no real notion of the main arguments and contents of the book.
In Defense of Amerind*
Authors: Greenberg Joseph H
Published: November 2023

During the period 1991-92, five publications concerning my classification of native American languages (1987), hereinafter LIA, appeared in this Journal. One is a note on Pan-Americanisms by Campbell (1991), three are mainly devoted to a consideration of the data on specific languages or language groups (Poser 1992, Berman 1992, and Kimball 1992), and, finally, there is a review of the volume itself by Rankin (1992). I shall first consider the more general issues concerning the methodology of classification and the overall results when applied to the New World. In the latter part of this article, criticisms of the data presented regarding specific languages and language groups will be considered in detail.