bluuebunny/crossref_metadata_2025 huggingface dataset:
Punishment
Authors: Zedner Lucia
Published: November 2023

Punishment is so entrenched an institution of our society that we can scarcely envisage life without it. Yet, anthropological studies of societies other than our own reveal that punitive responses to wrongdoing, or indeed any response to wrongdoing, are not inevitable. Whereas in one society wrongdoing provokes aggression and immediate physical retaliation, often backed up by members of the aggrieved person’s kinship group, in another society restraint and silence even under severe provocation are expected. In these latter societies any retaliation would earn the respondent as much opprobrium as the original wrongdoer. As Roberts observes, ‘a response representing the minimum which “honour” demands in one society may thus seem an inconceivable over-reaction in another’.
Court
Authors: Zedner Lucia
Published: November 2023

It is possible to reduce the criminal court to a few key characteristics: an independent judge applies pre-existing legal norms, after adversary proceedings, to achieve a dichotomous decision as to the rightness of one party and the wrongness of the other. Where there is a conviction, the judge then embarks upon a process of sentencing by which the penalty is determined and handed down. Whilst this prototype of the court captures something of its essence and might serve as a benchmark for measuring deviance from the ideal, as Shapiro wryly observes: ‘if we examine what we generally call courts across the full range of contemporary and historical societies, the prototype fits almost none of them’. As we shall see in the following section, he contends that the court is better captured by the idea of the triadic dispute resolution. Accepting the centrality of dispute resolution does not pre-empt the possibility of other roles however.
Financial and Community Penalties
Authors: Zedner Lucia
Published: November 2023

In contrast to the processes of trial and sentencing, punishment takes place away from the public gaze. As we saw in the previous chapter, the staging of the trial is designed for public consumption. The moment of sentence is the dramatic high point upon which public interest and debate centres. Thereafter, the penal process largely disappears from view and it is almost an act of faith that the sentence is actually carried out. For the most part, the public have little idea where, how, or with what consequences sentences are realized. Implemented quietly and without ?ourish, their form, content, duration, and purposes remain obscure.
The Constitutionalization of Conflicts Within the UK
Authors: Hood Kirsty J
Published: November 2023

The phrase ‘the constitutionalization of conflicts’ is used here as a short-hand description of a relatively recent phenomenon: the view that, within a nation, legal issues traditionally solved by conflict rules should, instead, be governed by constitutional rules or, at the very least, that those conflict rules must be modified in the light of the constitution. As will be seen, this approach can be observed in the thinking of certain Australian and Canadian academics and judges.
The Application of Conflict Rules Within the UK
Authors: Hood Kirsty J
Published: November 2023

Previous chapters have examined the extent to which either the constitutionalization of conflicts, or the internalization of conflicts, have been used to provide solutions, as between the UK jurisdictions, to questions of which court has jurisdiction, which law should be applied, or whether a judgment should be afforded recognition. The present chapter discusses the scope of the application of conflict rules in such situations in the UK (just as such rules would be applied in the international context), as well as the effect of the devolution settlements in this regard. It is useful to begin with an examination of the extent to which the conflict rules of the various UK jurisdictions are in fact similar.
Politics and the Giant Multinational Corporation
Authors: Moran Michael
Published: November 2023

The preceding chapter sketched the most important institutions that try to represent business interests, and Chapter 5 will describe the (often unique) politics of small business. But another kind of enterprise – the giant corporation – made several appearances in the preceding chapter, and these appearances already suggest that we need to look at the corporate giant in more detail. We do this for three reasons.

The first is, simply, the economic weight of these enterprises. What constitutes a ‘giant’ firm is hardly obvious.
Small Business and Politics
Authors: Moran Michael
Published: November 2023

Most businesses are small businesses. This generalization is true even granted a well-known problem – that, simply, of defining ‘small’. There plainly can be no hard and fast rule in supplying such a definition. The measurement of size can be by turnover, market share, and number of employees. The criterion of ‘smallness’ is naturally fuzzy: even if we agree to a scale of measurement – say number of employees – there is nothing obvious to tell us how to identify a particular size with ‘smallness’. The result is that specialist studies of small business are obliged to use a range of conventional measures. Some of the commonest are administrative. For instance, the official UK definitions for some years have used numbers of employees as a benchmark: small is 0–49 employees; medium is 50–249; and large is 250 or more.
Business Politics and Party Politics
Authors: Moran Michael
Published: November 2023

The connections between business politics and party politics take us to the heart of two key issues in the study of business politics under liberal democracy. The first concerns the relationship between democratic politics and business power. Parties are key institutions in the selection of political leaders in liberal democracy. In the two nations we are considering here, election to political leadership is virtually impossible without possessing a party label and identity – though the meaning of the label, the nature of party identity, and the importance of party organization in the election struggle all differ greatly in the two countries.
Economic and social developments
Authors: Fairbairn Brett
Published: November 2023

The year was about 1900; the setting, a North German city, per- haps Hamburg. The life of a young German woman illustrated the daily ‘struggle for existence’ — the title of her anonymous autobiography. At first the 18-year-old worked in a factory folding letter paper, six o’clock in the morning to six o’clock in the evening less a one-hour lunch break, for 6 Marks a week. The low wages and a run-in with the foreman (he didn’t like her telling jokes to co-workers) led her to a cardboard box factory — 8 Marks a week— but she was too frail for the work and was sent away. She tried working as a governess, then in two suspenders factories, and found herself fired and unemployed because the factory owner overheard her sing a crude verse to her co-workers. ‘There began now a very tough period for me’, she recalled. ‘Everywhere I looked for work everything was always taken, so that I was really getting desperate.’ At last an acquaintance found her a job at a glassworks, 9 Marks a week, though it was brutal twelve-hour shift-work, alternating days and nights, working with red-hot bottles — work ‘of a kind that should have been done by men’. The workers slaked their thirst by paying some of their wives to bring buckets of beer from a brewery. She said the work was ‘rather in disrepute with the other factory girls. The work was very dirty too; and we looked like Negroes when we went home. ... We were very ashamed to walk down the street like this, but we couldn’t wash up at the factory.’ ‘Also,’ she added, ‘I felt like a convict because at the glassworks everyone had a control number at the entrance and exit.’
Culture and the arts
Authors: Applegate Celia
Published: November 2023

In 1873, Friedrich Nietzsche, then twenty-nine and teaching philology at the University of Basel in Switzerland, began writing a series of Untimely Meditations on the current state of German culture. The first essay took as its target the theologian David Strauss, whose book, The Old Faith and the New: A Confession (1871), struck Nietzsche as the expression of all that was wrong with the so-called cultivated classes in German society. Published in the all-engulfing wake of German unification, The Old Faith and the New cham- pioned science as the new faith, rationally demonstrable in the evidence of historical progress. Nietzsche, long parted from the ‘old faith’ of his Lutheran forbearers, still regarded this glorification of the status quo as the embodiment of ‘philistine culture’ with its motto, ‘all seeking is at an end’.

What provoked Nietzsche most in Strauss’s long and dull book was his impenetrable smugness. ‘During recent years’, declared Strauss, we ‘have participated in the liveliest way in the great national war and the construction of the German state, and we feel ourselves profoundly uplifted by this turn, as glorious as it was unexpected, in the history of our much-tried nation.’ He delighted in ‘our knowledge of nature’, the ‘writings of our great poets’, and ‘the performances of the works of our great composers’, and in all of this found ‘a stimulus for the spirit and the heart, for the imagination and the sense of humour, that leaves nothing to be desired’. ‘Thus we live’, he concluded, and ‘go our way rejoicing.
Transnational Germany
Authors: Conrad Sebastian
Published: November 2023

On a rainy November day in 1900, four graduates of the Tuskegee Normal and Industrial Institute in Alabama set sail from New York harbour on the Graf Waldersee. Their journey would take them, via Hamburg, to the German colony of Togo. They had been recruited by Baron Beno von Herman for the Colonial Economic Committee with the explicit purpose ‘to teach the negroes there how to plant and harvest cotton in a rational and scientific way’. Togo had been a German colony since 1884. After an initial phase of private initiatives and exploitation, around the turn of the century reform-minded colonial bureaucrats began to aim at more systematic and sustained interventions. This new, scientific approach acknowledged the central role of the native population in any attempt to modernize the colonies and turn them into profitable enterprises. Schooling, health care, and the all-important ‘education of the negro to work’ were therefore among the central concerns of the reformers. The German interest in the Tuskegee graduates derived from the conviction that the racialized labour relations in the American New South could provide a model for Germany’s African colonies.
War and revolution
Authors: Verhey Jeffrey
Published: November 2023

It is a war of such power and tension as the world has never seen. All our physical and intellectual powers have fused together in this war, are heightened to their limits. Natural powers have become weapons of defence and destruction. The war is not just being fought in the field. The press, trade, the complete economic and intellectual life is fighting; everything has become attack and defence. In the nations involved, all aspects of life are at war. war has become the total meaning and the only purpose ... We are no longer the same people we were at the beginning of the war, and we can no longer return to those we were, we must move forward. The outbreak of the war hit us like an earthquake, shook our very foundations and, as if by a flood, we are being carried away to new shores. we have no connection any more with who we were, with how we lived.
The Long Life of the Humanist Tradition: The Amsterdam Athenaeum Illustre in the Golden Age ‘
Authors: Miert van Dirk
Published: November 2023

The early modern ‘illustrious school’, ‘athenaeum’ or ‘gymnasium illustre’ remains a somewhat evasive educational phenomenon. This is due largely to the fact that individual schools show a variety of social and intellectual profiles, which in many cases have not been sufficiently studied. One of them in particular, the Amsterdam Athenaeum, predecessor of the current University of Amsterdam, has until recently managed to draw only little attention. In this article, I will analyse seventeenth-century opinions on the phenomenon of the ‘illustrious school’ and then test these with an analysis of the contents of teaching at one of them, the Amsterdam Athenaeum, framing the results in the wider context of Dutch higher education and, especially when it comes to the teaching of philosophy, also in the still wider context of European philosophy. I will take into account notably France and Portugal, as philosophical traditions originating in these countries seem to have been the main influence on the philosophical teaching in Amsterdam, but also Central Europe, because it was the German ‘gymnasia illustria’ which provided the institutional model of the Athenaeum. I will try to locate the Athenaeum in an intellectual tradition rather than in a social context.
Chemistry Enters the University: Herman Boerhaave and the Reform of the Chemical Arts
Authors: Powers John C
Published: November 2023

Boerhaave, who was a skilled orator, painted this grim picture of chemistry, jarring his audience ‘s expectations, in order to make exactly the opposite point. His chair represented chemistry ‘s full inclusion into the Leiden Medical Faculty, and its arrival as an academic field. Boerhaave himself was an immensely successful physician and professor, entering into the height of his productivity and fame. The Chair of Chemistry, in fact, was his second on the medical faculty. He had earned this chair through his success as a private chemical lecturer over the previous fifteen years. During this time, he had changed the image of chemistry from that of a craft practice and low-status service field for medicine, much reflected in his description above, into a subject appropriate for the future gentleman-physicians who attended his courses. Boerhaave transformed chemistry, at least in its pedagogical presentation at the university, from a discourse about the making of chemical products, such as pharmaceuticals, into one about natural philosophy, which could be debated in an academic forum, such as his oration.
Sources
Authors: Corker David , Parkinson Stephen
Published: November 2023

Reporting in 2001 on the current state of the law on disclosure, Lord Justice Auld argued that reform of the law should be in the form of a single and simply expressed instrument. He said, ‘[t]he present combination of the cumbrously drafted 1996 Act and Rules, the Code, the Attorney-General’s Guidelines and the Joint Operational Police Instructions is confusing and hard work for anyone to master, not least busy policemen and prosecutors’.1 Since then, matters have only got worse. The Criminal Justice Act 2003 (CJA 2003) added another layer of amendments to the Criminal Procedure and Investigations Act 1996 (CPIA) rather than abolishing it, and the judges issued their own guidance in the form of disclosure protocols for the Crown and Magistrates’ Courts. The Joint Operational Police Instructions (JOPI) were replaced by the even lengthier Disclosure Manual (a joint set of guidance applying to the police and the CPS) and the Attorney-General issued a fresh set of Guidelines of his own.
Expert Evidence
Authors: Corker David , Parkinson Stephen
Published: November 2023

Expert evidence can often be of central importance in criminal proceedings. In recent years a great deal of attention has been focused on expert evidence as a result of a number of miscarriages of justice involving prosecutions following infant deaths. Until recently, it was left largely to the courts to develop the law concerning expert evidence issues, but the Criminal Justice Act 2003 (CJA 2003), the Criminal Procedure Rules 2005 (CPR), and guidance issued by both the CPS and the courts have meant that requirements about the management and use of expert evidence are now defined in considerable detail. This chapter will consider the overall picture concerning preparation, disclosure, and use of expert evidence before considering in more detail particular questions concerning legal professional privilege (LPP) and notification to the prosecution by the defence of names of experts.
Symmetry in crystals: fundamentals
Authors: Shmueli Uri
Published: November 2023

Crystalline solids possess a property which is absent from the amorphous, liquid and gaseous states, namely that their fundamental building blocks are arranged to a good approximation in a triply periodic array. Strict periodicity is, of course, an idealization, and the various (minor) deviations therefrom are subject to study in the advanced stages of structure determination. We shall, however, assume such periodicity while introducing the geometrical aspects of crystallography. The above-mentioned periodic arrangement of the building blocks underlies all of the geometry and symmetry of a crystal structure, and we shall try to describe it in some detail.
Point groups and lattice types
Authors: Shmueli Uri
Published: November 2023

Crystallographic symmetry can be considered from several points of view. The main ones are (i) the macroscopic symmetry of the crystal and its physical properties, (ii) the symmetry of a three-dimensional point lattice, and (iii) the symmetry of a periodic arrangement of material units, or the symmetry of the ideal crystal. The descriptors of macroscopic symmetry are rotations, introduced in the previous chapter, and rotoinversions (the latter include inversion and reflection). Their classification is one of the main topics of this chapter. The crystal and its geometrical abstraction–the three-dimensional lattice–must also conform to these macroscopic operations. However, the full symmetry of the periodic arrangement also includes translational symmetry which may be based on the lattice alone (in the case of lattices and some types of crystals) and on additional combinations of rotations and special types of nonlattice translations (in the general case of ideal crystals). These essentially microscopic symmetry operations that involve combinations of rotations and translations will be dealt with in the next chapter.
The emergence of George Eliot
Authors: Ashton Rosemary
Published: November 2023

Partly because of her anomalous social position, and partly because she had always liked to work anonymously, Marian Evans chose to write under a pseudonym. In November 1856 Lewes sent the manuscript of ‘Amos Barton’ to the Edinburgh publisher John Blackwood, saying it was by a ‘shy, ambitious ’ friend of his (Letters, 2.269, 276). No name was given for this unknown author, and Blackwood actually began corresponding, via Lewes, with ‘My Dear Amos’.
‘My age for invention’
Authors: Westfall Richard S
Published: November 2023

One of the central stories in the Newton legend concerns the annus mirabilis, the marvellous year of discovery to which all of his later achievements in science could be traced. Newton himself helped to inaugurate the story in an often quoted passage that dates from much later:In the beginning of the year 1665 I found the Method of approximating series. The same year in May I found the method of Tangents of Gregory & Slusius, & in November had the direct method of fluxions & the next year in January had the Theory of Colours & in May following I had entrance into ye inverse method of fluxions.
Principia mathematica
Authors: Westfall Richard S
Published: November 2023

Newton’s mother died during the spring of 1679 and he was absent from Cambridge for six months, tending her during her final days and then settling the estate in Woolsthorpe. Immediately upon his return late in November a letter from Robert Hooke arrived, the first of a number of intrusions prompted by his earlier renown in mathematics and natural philosophy. Hooke, now secretary of the Royal Society in place of the recently deceased Henry Oldenburg, invited Newton to resume correspondence with the society.
Newton in London
Authors: Westfall Richard S
Published: November 2023

Newton had been consulted on matters connected with the Royal Mint in 1695. Through the combined efforts of clippers (who clipped silver from the edges of hammered coins that had no definite outline) and coiners (or counterfeiters), English money—the silver money of daily commerce— had deteriorated alarmingly in the early 1690s. The crisis in the coinage was made worse by the simultaneous financial crisis caused by the unprecedented expenses of a war with France. In an age when professional economists did not exist the government, in 1695, sought advice from eight men known for their intellectual prowess or their experience in matters financial.
Search for a sound ministry
Authors: Cannon John
Published: November 2023

The Grenville ministry was a nightmare for the king. At an audience on 4 April 1763, George explained to Grenville that he was Bute’s choice, and that there must be no negotiation with New- castle or Pitt—‘I would rather quit my Crown’ (Letters … to Lord Bute, 210, no. 294). There were few disagreements on policy. They agreed on a strong attitude towards the American colonies and were resolved to treat the radical John Wilkes firmly for his attacks on the government in the North Briton. But George found Grenville intolerable—unbelievably prolix and much inclined to stand on his dignity. In less than three weeks the king was complaining to Bute of Grenville’s ‘tiresome manner’ and ‘ill humour’
Decline and oblivion
Authors: Cannon John
Published: November 2023

It is not easy to know whether the next and ominous development was a cause or a consequence of the political upheaval. But on 13 February 1801, amid the crisis, the king was unwell, and by the 17th he was excited, talkative, and hoarse. On the 21st he told Thomas Willis, son of Francis Willis and rector of St George’s, Bloomsbury, ‘I have prayed to God all night, that I might die, or that he would spare my reason’ (Brooke, King George the Third, 370). That night he became delirious, and the next day John Willis, Thomas’s brother and a now a mad-doctor like their father, was called in to take charge of the king; he was subsequently joined by a third Willis brother, Robert. This bout of illness formally lasted some four weeks, oﬃcially ending by 14 March when
Basic concepts and basic equations
Authors: Solymar L , Shamonina E
Published: November 2023

We shall make an attempt in this chapter to introduce most of the basic concepts needed later in the book and in a form upon which we can build in later chapters. Some will be very basic indeed, like fields and potentials, some others will be closer to practical cases, e.g. the incidence of a plane wave upon a dielectric slab. Some will represent useful artifices like electric and magnetic dipoles, leading from there to the introduction of the concept of polarizability: how large are the dipole moments excited by various fields. Boundary conditions and boundary refraction problems must of course be mentioned because they will appear repeatedly in the analysis of metamaterial properties. The Ewald circle construction will then come in as a useful technique. Dispersion is again one of the basic concepts. In any wave phenomenon one must know the relationship between frequency and wave number. Talking about dispersion necessitates the introduction of forward and backward waves. The latter were hardly mentioned in the past, their properties rarely emphasized in studies of electromagnetic waves, but they have lately risen to fame due to their role in metamaterials. Another departure from usual introductions is the prominence of circuit theory, a subject often neglected in physics syllabuses. Very often we shall have to look at phenomena both from the point of view of fields and circuits. Sometimes the two explanations reinforce each other, sometimes we shall resort to only one of them because the other one may be too unwieldy.
Seven topics in search of a chapter
Authors: Solymar L , Shamonina E
Published: November 2023

We have tried to be as comprehensive as possible in our treatment of the various phenomena of metamaterials. It is, however, inevitable that some topics just do not fit into the general framework. We introduced imaging by negative-index materials in Chapter 2 and discussed it later in Chapter 5 in considerable detail. Then, there was imaging by MI waves both in Chapters 7 and 8. Nevertheless, there are still some aspects of imaging that are important and need to be included. They will be discussed in Section 9.2.

Although multilayers were discussed in Section 5.5 and have also been treated in a different context in Section 8.1.2 there is still a combination of layers (negative permittivity and negative permeability in neighbouring layers) that did not seem to fit into any of the discussions. We describe them briefly in Section 9.3.

Focusing by indefinite media is an odd phenomenon because it happens only under specific circumstances when both a certain type of anisotropy and a periodic structure are present. The physics is similar to that of MI waves (see construction of the output beam in Fig. 8.7) but there we were concerned with only a single plane wave incident at a particular angle, whereas for focusing with indefinite media the incident beam is taken as divergent. The mathematical treatments are also quite different so we decided to treat indefinite media separately in Section 9.4.
How should we respond to unconscionability? Unpacking the relationship between conscience and the constructive trust
Authors: Hopkins Nicholas
Published: November 2023

The use of unconscionability as a rationale for intervention has enjoyed an apparent revival not only in English law but throughout the common law world.2 This is a development that has attracted a degree of academic support,3 but also some powerful criticism.4 This chapter takes as its starting point the fact that courts do rationalize intervention in a number of circumstances as responding to unconscionability. It leaves to one side the normative question of whether courts ought to do so. Its purpose is to consider the form that the response should take. In particular, it is concerned with the extent to which that response should involve the imposition of a constructive trust. This matter is closely connected to the normative question as, in some contexts, concern at the use of the constructive This chapter is based on part of a paper delivered to the Propeny and Trusts Section of the Society of Legal Scholars’ Annual Conference, University of Strathclyde, September 2005. The full version of that paper is published as N Hopkins, ‘Conscience, Discretion and the Creation of Property Rights’ (2006) 26 LS 275.
Community Of Property, Joint Ownership, And The Family Home
Authors: Cooke Elizabeth
Published: November 2023

Since in our societies, marriage is the basis for the normal family, it follows that marriage must have a profound effect on the property of the spouse ... It is difficult to imagine any system of law which in its regulation of the impact of marriage on property could completely ignore these elementary social facts, i.e. confine itself to a strict rule of’separation of property’ in the sense that marriage has no effect on the property of the spouses at all.1 Grace Blumberg, in her Californian text on matrimonial property, 2003, states: In the western world, the basic ownership unity has been the conjugal, or husband-wife, dyad. Apparently rooted in Germanic and Visigothic law, community property principles spread all over Europe and many of the areas colonized by Europeans, such as South Africa and Latin America.
Landlords, Disabled Tenants And The Rising Tide Of Equality Law
Authors: Lawson Anna
Published: November 2023

In the UK, obligations not to discriminate against disabled people were imposed on landlords, for the first time, by the Disability Discrimination Act 1995 (DDA). A necessary distinction was made between the landlords of employers and of service providers on the one hand, and those who let premises directly to disabled people on the other. Landlords in the former category were prevented from withholding their consent unreasonably to requests by their tenants (seeking to comply with their own obligations not to discriminate against their disabled employees or customers) to make physical alterations to the property.1 At that time, however, the ODA imposed no equivalent duty on landlords in the residential sector: landlords whose tenants might themselves be disabled and in need of physical alterations in order to use and access their homes.
The Science of Golf
Authors: Wesson John
Published: November 2023

There are two basic reasons why golf is such a splendid game. The first is the variety of situation players face as they make their way from tee to hole. The second is the handicap system, which allows players with widely different abilities to compete with each other. When we attempt to understand these matters we soon find that we are involved in scientific issues.
The Swing
Authors: Wesson John
Published: November 2023

Ben Hogan said that a good golf swing requires twelve unnatural movements. Given the dozens of pieces of advice offered in ‘How to play golf’ books, he might have oversimplified the problem. At first sight this does not seem fertile ground for science, which is at its best when it is possible to identify the key issue and neglect the inessential features.
Impact
Authors: Wesson John
Published: November 2023

When the clubhead of a driver strikes the ball, the duration of the impact is about half of a thousandth of a second. This is so brief we can learn nothing about the impact from direct observation, and even filming it is quite a challenge, requiring a very high-speed camera. However, it is fortunate that the laws of physics reveal much of what happens during the impact. The first step is to recognize that the process is really a bounce, the ball bouncing off the clubhead. So a good place to start is with the case of a simple bounce of a ball off the ground.
Aerodynamics –Drag
Authors: Wesson John
Published: November 2023

The aerodynamics of golf balls is an intriguing subject and, as we shall see, it holds several surprises. The most obvious effect of the air on the flight of the ball arises when there is a strong wind. A side wind can turn a shot aimed at the fairway into a search for the ball in the rough grass. A head wind leads to a disappointing shot, and a strong following wind gives a golfer the opportunity of producing his longest ever drive. However, although these are familiar effects they are minor compared to the less obvious but stronger effects of drag and lift on the ball as it flies through the air, with or without a wind.
Aerodynamics –Lift
Authors: Wesson John
Published: November 2023

When the ball leaves the clubhead it has a high rate of spin. A typical drive gives the ball a back-spin of around 60 revolutions per second, and the higher loft of an iron can produce a spin rate more than twice as fast. The principal effect of this spin is to produce a force on the ball perpendicular both to the axis of the spin and to the direction of the ball. The combination of the back-spin given to the ball in a drive and the ball’s forward velocity produces an upward force on the ball which can be greater than the downward force of gravity. In this case the curvature of the initial flight of the ball is up-wards rather than downwards.
Some Theory
Authors: Wesson John
Published: November 2023

The previous two chapters have described the physics underlying the drag and lift on the ball during its flight. In order to fully understand their role in determining the trajectory and range of the ball we need to look in more detail at the basic theory.
Bouncing & Rolling
Authors: Wesson John
Published: November 2023

The physics of the interaction of the ball with the ground is quite straightforward, but there is a snag. Both bouncing and rolling are very sensitive to the nature and condition of the ground, and this is so variable that a wide range of behaviour occurs, making its accurate prediction rather point-less. However, for any given set of conditions, Newton’s law of motion can be used to calculate the ball’s bounce and roll, and the basic features can be illustrated by considering ‘typical cases’.
Hole-in-One
Authors: Wesson John
Published: November 2023

The history of golf is dotted with hole-in-one exploits. The first recorded case is that of (Young) Tom Morris who completed a 145-yard hole with one stroke in the 1869 Open Championship, which he subsequently won.
Handicaps
Authors: Wesson John
Published: November 2023

The use of handicaps is the glory of golf. Imagine three friends playing a round of golf together having abilities corresponding to handicaps of 5, 15, and 25 but competing without the use of handicaps. There would be about a 95% chance that the best player would win with the weakest player coming last. A good handicap system would give them a roughly equal chance, completely transforming the game.
Matches & Competitions
Authors: Wesson John
Published: November 2023

Playing in matches and competitions is, in a sense, straightforward. You just concentrate and play the best you can. However, a theoretical description is very complicated. There are 18 different holes and the outcome at each one is determined by the difficulty of the hole and the ability of the player. Then each match or competition will involve different players each with their own handicap. Finally, and crucially, there is the element of chance—the ball rolls into a ditch, hits a tree, lands in a bunker, and drops, or does not drop, into the hole. Any attempt at a full description of all these factors leads to enormous complexity, and we shall avoid that by making simplifying assumptions and considering typical cases. Let us start by examining the expected outcomes for players with a scratch handicap playing average holes.
The Players
Authors: Wesson John
Published: November 2023

It is clear that golf was being played in Scotland in the fifteenth century, because the Scottish King James II found it necessary to ensure the priority of military training by issuing the decree that ‘golfe be utterly cryed downe and not be used’. Perhaps the military training was still not what it might have been—James II was killed by the bursting of one of his cannons at the siege of Roxburgh Castle.
Clubs & Balls
Authors: Wesson John
Published: November 2023

Over the last two centuries the game of golf has been transformed by improvements in the equipment. These improvements have been brought about by better design, by advances in manufacturing techniques, and by the availability of new materials.
Economics
Authors: Wesson John
Published: November 2023

The amount of money involved in the professional game is impressive. Many players make millions of dollars a year and the total amount awarded in prizes each year runs into hundreds of millions of dollars. How- ever, this is dwarfed by the amount of money spent by amateurs in payments to golf clubs and the purchase of equipment. No precise statistics are available but we can make a rough estimate of the expenditure on golf worldwide if we take the average spend of, say, 30 mil- lion golfers to be 2000 dollars a year, giving a total annual spend of 60 billion dollars. Most of this expenditure goes to golf clubs and we shall start our examination of the economics of golf by looking at the growth in the number of clubs up to the present day figure of more than 30,000.
Sources and Problems Facing the Prosopographer of the University of Paris in the Early Modern Era
Authors: Farge James K
Published: November 2023

On Easter Sunday 1525, a nurse employed to care for an elderly woman on the rue des Noyers in Paris was intent on going to early Mass. Opening the front door she found her way blocked by a pile of books and papers that someone had pushed through the grill of the outer gate during the night. She called the woman’s daughter, who exclaimed (and we quote her very words, as recorded by a notary):

Loué soit Dieu de paradis et madame Saincte Barbe! je croy que veci bonnes nouvelles; car monsieur a perdu beaucoup de registres et y a longtemps qu’il s’en plaint; je croy que les vecy, se Dieu plaist . . .
The Collége de Montaigu Before Standonck
Authors: Courtenay William J
Published: November 2023

One of the most important dates in the history of the Collège de Montaigu—perhaps its most important date—was the appointment of Jean Standonck of Malines as principal of the college in 1483. According to the accounts of this event, the college was on the verge of complete collapse and the canons of Notre Dame, who oversaw the college, seriously considered dissolving it after the death of its principal, Amator Chetant, before choosing instead to appoint an impoverished regent master in arts, albeit sometime proctor of the Picard nation, as head of the college.
The Collége de Montaigu in the Seventeenth and Eighteenth Centuries
Authors: Brockliss Laurence W B
Published: November 2023

In the course of the sixteenth century the forty-odd colleges of the University of Paris divided into two types: the residential, and the residential and teaching. Before the mid-fifteenth century, all the colleges had been residential: in accordance with their statutes of foundation, their primary purpose was to provide board and lodging for poor scholars from a designated diocese. Thereafter, subsequent to the reform of the University by Cardinal d’Estouteville in 1451, most colleges not only began to house and feed additional students who paid for their accommodation, but a number also laid on formal teaching in the arts.
European Company and Financial Law
Authors: Gale Joseph
Published: November 2023

As with previous editions, this fourth edition features the full text of every piece of adopted European legislation affecting companies and the financial sector, including directives, regulations, recommendations and other relevant instruments. It is divided into sections on banking law, capital movement, company law, consumer protection, enterprise law, insurance law, and securities regulation. The purpose of this text is to offer an easily accessible, properly organised and updated collection of all European Instruments that have been enacted in the above fields. Both in legal practice and in academia the need often arises to consult European legislation with the knowledge that it is up-to-date and consolidated. The book includes section-by-section case commentaries on almost all of the relevant European Court of Justice cases and many rulings from national courts, thus providing a useful guide to interpretation of the various instruments.
First cornerstone: the defendant, general jurisdiction and its alternatives
Authors: Kruger Thalia
Published: November 2023

The best place to start the substantive part of this book is with the general rule of jurisdiction: the domicile (under Brussels I), habitual residence, nationality or domicile in the common law sense (under Brussels II bis) of the defendant, or the centre of the debtor’s main interests (under the Insolvency Regulation), can grant jurisdiction. This rule also provides the first general delimitation of the scope of these Regulations. However, in proceedings which have as their object tenancies of immovable property concluded for temporary use for a maximum period of six consecutive months, the courts of the Member
Provisional and protective measures
Authors: Kruger Thalia
Published: November 2023

Chapters 2, 3, and 4 have explained the circumstances under which the jurisdiction rules of the civil jurisdiction regulations apply. Chapter 5 examined other procedural rules linked to jurisdiction. Therefore the question of provisional and protective measures still remains. The main issue is whether the rules on such measures provide an exception to what has already been discussed: that is, do they contain an autonomous rule as to their application or conversely, do the rules on provisional and protective measures follow those already laid out?
Elimination of Customs Duties and Charges Having Equivalent Effect
Authors: Gormley Laurence W
Published: November 2023

The first method of ensuring that trade between Member States was liberalized was the abolition and prohibition of customs duties and charges having equivalent effect between Member States. In the EC Treaty this is achieved by Article 25, which expands on the principle of Article 23(1) that the Community is to be based upon a customs union which is to cover all trade in goods and which is to involve the prohibition between Member States of customs duties on imports and exports and of all charges having equivalent effect.
Overview
Authors: Burrows Andrew , Peel Edwin
Published: November 2023

Most of this book is concerned with the construction of contract terms. This is the staple diet of commercial lawyers, whether litigators or, even more obviously, contract draftsmen. Yet until recently there was relatively little attention paid to it by commentators and, other than in respect of exclusion or limitation clauses, it rarely featured in university contract courses. Part of the aim of this book is to redress the balance by focusing on construction generally (in Part B) and on specific issues, including but going beyond construction, in relation to particular types of common contract term (in Part D). Part C has a slightly different focus in examining the legislative control of exclusion and limitation clauses and unfair terms. It examines where we have now reached with that legislative control and what businesses need to be aware of if they wish to draft effective exemption clauses.
The Principles and Policies of Contractual Construction
Authors: Mcmeel Gerard
Published: November 2023

Repugnant words may be rejected: omitted words may be supplied: words may be transposed: parentheses may be inserted: and false grammar or incorrect spelling may be disregarded: if the intentions of the parties sufficiently appear from the context. Over the last ten years there have been some eye-catching cases which have vigorously used the technique of contractual construction to correct errors in contracts and other documents: most famously, Investors Compensation Scheme Ltd v West Bromwich Building Society where parentheses and syntax were rearranged; more recently, The Starsin where some seventeen words from a standard form were read across into the botched Himalaya clause in the bill of lading before the court. Both cases also yielded important statements of principle. The former, of course, contains Lord Hoffmann’s famous five principles of contractual construction, probably known by heart by many commercial lawyers:
Construction and Rectification
Authors: Burrows Andrew
Published: November 2023

It is clear that there is a link between the construction of a written contract and its rectification. The common thread might be said to be that both techniques are concerned to ensure that the contract, as enforced, reflects the intentions of the parties. The construction of a contract achieves this by interpretation of the words used. Rectification achieves this by alteration of the words used. This chapter seeks to explore the modern relationship between the two. In particular, it seeks to answer the following difficult practical question: if, as appears to be the case, we have moved from a literalist to a more wide-ranging purposive or contextual approach to construction, to what extent has the necessity for rectification been correspondingly reduced? Put another way, when, if ever, does one now need to resort to rectification rather than construction?
Excluding Liability for Misrepresentation
Authors: Cartwright John
Published: November 2023

What is special about clauses which seek to exclude liability for misrepresentation? They have long been singled out as giving rise to particular difficulties. The statutory control of such clauses in the Misrepresentation Act 1967 precedes by a decade the first general control on contractual exclusion clauses, and is still retained as a separate—and in some respects more far-reaching—control. This may suggest that the exclusion of liability for misrepresentation poses a particular problem, and needs a particular solution. The purpose of this chapter is to consider whether this is so. The draftsman of an exclusion clause has a range of techniques available to achieve his object. The simplest form of clause excludes or limits the consequences of a liability once it has been established. However, an alternative form of clause seeks not to exclude an established liability, but to negate one or more elements of a claim—that is, to prevent the liability from arising in the first place.
Termination Clauses
Authors: Whittaker Simon
Published: November 2023

English contract law accepts a fundamental principle of contractual liberty, by which is meant at its most basic a general recognition in persons of full capacity of a power to create mutual rights and duties by agreement. But to what extent does this initial contractual power allow the parties to provide for one or either of them to terminate their contract (or, perhaps, certain rights and duties arising from their contract) by reason of the other’s breach? Does the parties’ initial bilateral power allow them to create a contingent unilateral power of termination overriding the rules which the common law would otherwise provide to govern these circumstances?
Violating The Polluter-Pays Principle? Two Case Studies Of United States Tax Incentives For Alternative Energy
Authors: Milne* Janet E
Published: November 2023

The polluter-pays principle often serves as a rhetorical touchstone of environmental policy, justifying the allocation of the costs of environmental improvement to the polluter. In its early formulation by the Organisation for Economic Co-operation and Development (OECD), the polluter-pays principle was clearly designed to ensure that the costs of compliance with regulatory measures would be paid by the polluter, not subsidized by government,1 although more recently it has taken on broader meanings.2
Environmental Regulation of Australian Energy Markets: Are Mandatory Renewable Targets Effective in Reducing Greenhouse Gas Emissions?
Authors: Cantley-Smith* Rowena
Published: November 2023

The Australian energy sector is characterized by an abundant, diverse mixture of primary and secondary energy resources. Plentiful supplies of traditional primary energy sources such as gas, coal, and uranium are supplemented by signifi cant oil resources and a variety of readily available renewable energies including hydro, wind, solar, and biomass.1 Secondary, or fi nal, energy sources such as electricity and refi ned petroleum fuels are also produced by the Australian energy sector.2 In economic terms, the energy sector has been a major contributor to the country’s overall prosperity, with recent energy exports amounting to more than AUD 24 billion per annum.3
Environmental Taxes in the United States
Authors: Richards* Kenneth R
Published: November 2023

Environmental taxes can be powerful and economically effi cient policy tools for protecting the environment.1 It is often asserted, however, that in choosing among incentive-based environmental policy instruments, the USA favours marketable allowances while Europe favours taxes.2 This may be true, but it is also a bit misleading if it is taken to suggest that the USA does not employ environmental taxes at all. In fact, the USA has applied environmental taxes in many areas, including transportation, hazardous and solid waste, and water protection. Moreover, all levels of government—federal, state and local—have employed taxes that directly or indirectly protect the environment.