bluuebunny/crossref_metadata_2025_split huggingface dataset:
Het verschoningsrecht van de rechtspersoon
Authors: Boonstra-Verhaert J. 
Published: August 2020

Het verschoningsrecht van de rechtspersoon
Aan wie het verschoningsrecht toekomt, welke informatie in beginsel onder het verschoningsrecht valt en wie zich op het verschoningsrecht kan beroepen, is recent door de Hoge Raad in civilibus verduidelijkt in het kader van het onderzoek van de Ondernemingskamer inzake SNS Reaal c.s. De Hoge Raad heeft bepaald dat aan de rechtspersoon die zich tot een advocaat of notaris heeft gewend geen afgeleid verschoningsrecht toekomt. De rechtspersoon kan wel een gerechtvaardigd belang hebben om te weigeren mee te werken aan een onderzoek. In dat geval kan ‘de rechtspersoon zich ook op de vertrouwelijkheid van de met de advocaat of notaris uitgewisselde informatie beroepen, indien de advocaat of notaris zich ter zake van deze informatie niet op het verschoningsrecht beroept’. Ook notulen en bestuursbesluiten kunnen informatie bevatten die onder het verschoningsrecht valt. Dit geldt eveneens voor informatie die door de rechtspersoon met derden, zoals in dit geval DNB en het ministerie van Financiën, is uitgewisseld.
THE HIGH COURT OF AUSTRALIA AND THE SUPREME COURT OF THE UNITED STATES - A CENTENARY REFLECTION
Authors: Kirby CMG Michael J 
Published: August 2020

In October 2003 in Melbourne, the High Court of Australia celebrated the centenary of its first sitting. According to the Australian Constitution, it is the “Federal Supreme Court” of the Australian Commonwealth.1 Although the Constitution envisaged the establishment of the High Court, the first sitting of the new court did not take place until a statute had provided for the court and the appointment of its first Justices. They took their seats in a ceremony held in the Banco Court in the Supreme Court of Victoria on 6 October 1903. Exactly a century later, the present Justices assembled in the same courtroom for a sitting to mark the first century of the Court.
THE POTENTIAL IMPACT OF THE CISG ON THE COMMON LAWS OF ENGLAND AND THE REPUBLIC OF IRELAND: A LEGAL ANACTATAXIS OR A TRIVIAL MATTER OF IMPLEMENTATION? THE LESSONS OF COMPARATIVE LAW
Authors: Platsas Antonios 
Published: August 2020

This article is based on the speculative hypothesis that the United Kingdom (“UK”) as well as the Republic of Ireland (“Ireland”) will eventually implement the United Nations Convention on Contracts for the International Sale of Goods 1980 (“CISG 1980”) into their legal systems. Out of the 25 member states of the European Union1 only 5 have yet to accede to the CISG 1980: Cyprus, the Republic of Ireland, Malta, Portugal and the United Kingdom; all of them are by and large common law systems with the exception of Portugal. However, the article will focus on the British and Irish “non-compliance” with the CISG 1980 and the potential modifications that their trade law systems would have to face to come up to terms with a potential implementation of the CISG 1980. The analysis is by way of a comparison between the current common trade laws of England and Ireland with the CISG 1980 (and to a certain extent with the CISG compliant nations).2 This is followed by an analysis as to why the implementation of the CISG 1980 will amount to a legal anacatataxis3 rather than a mere triviality of implementation in these countries.
THE JUDGES AND THE EXECUTIVE – HAVE THE GOALPOSTS BEEN MOVED?
Authors: Lloyd of Berwick Lord 
Published: August 2020

Denning Lecture 2005In lectures named after famous men, it is the custom for the lecturer to start with a tribute to the great man in question. This is as it should be. In the case of Lord Denning, the greatest judge of our time, one could start easily enough. The difficulty would be knowing where to stop. Fortunately the task of doing justice to Lord Denning, both as a person and as a judge, was undertaken by Lord Bingham before a huge congregation in Westminster Abbey in June 1999. It will never be done better. So instead I will refer to just three incidents in his life.
INCORPORATION OF CHARTERPARTY ARBITRATION CLAUSES INTO BILLS OF LADING: RECENT DEVELOPMENTS
Authors: Goldby Miriam 
Published: August 2020

This article looks at two recent court decisions and one recent arbitral award which help to clarify the position of English Law with regard to incorporation of charterparty arbitration clauses into bills of lading. It starts by giving a brief overview of past decisions of the English Courts on this issue. It proceeds to consider recent developments and to draw conclusions therefrom. Most bills of lading contain jurisdiction clauses providing that parties are to resolve any disputes arising in connection with the contract of carriage contained in the bill through litigation in the courts. Where a bill of lading is issued under a charterparty, however, and where it expressly incorporates the charterparty’s arbitration clause into its terms, the parties to the contract of carriage contained in the bill of lading, including any transferees of the bill, may be obliged to refer their disputes to arbitration. Wilson notes that “[a] strict contra proferentem approach has been adopted towards [attempts to incorporate charterparty arbitration clauses into bills of lading] since, while arbitration clauses are common in charterparties, hey are rarely found in bills of lading.” Three conditions must be met in order for a charterparty arbitration clause to be successfully incorporated into the bill of lading. First of all, “the operative words of incorporation must be found in the bill of lading itself”. Secondly such words must be suitable to describe the charterparty clause that is being incorporated. Finally, the incorporated clause must be consistent with the terms of the bill of lading, and in the event of conflict, the provisions of the bill of lading will prevail.
THE PROTECTION OF WITNESSES IN BOSNIAN WAR CRIMES TRIALS: A FAIR BALANCE BETWEEN THE INTERESTS OF VICTIMS AND THE RIGHTS OF THE ACCUSED?
Authors: Haider Huma , Welch Timothy 
Published: August 2020

In early war crimes trials such as in Nuremburg, documentary evidence was decisive in convicting the defendants. Witness evidence was of lesser importance.1 By contrast, in Bosnian war crimes trials the testimony of witnesses is essential, forming much of the evidential weight upon which the courts decisions are based. If witnesses are not found or if they are unwilling or unable to give evidence in court, trials are unlikely to proceed.
Re C (A Child) (Adoption: Duty of Local Authority) [2007] 3 FCR 659
Authors: Welstead Mary 
Published: August 2020

ANONYMITY AND ADOPTION - A CLASH OF RIGHTSThe Ospedale degli Innocenti in the Piazza della Santissima Annunziatia in Florence, which dates back to the 15th century, was a place of refuge for babies whose mothers could not cope with taking care of them. Brunelleschi, the Italian architect and engineer, was responsible for the design of the beautiful colonnaded building. Its façade is adorned with blue and white glazed terra cotta bas-reliefs, sculpted by Andrea Della Robbia. These depict chubby Florentine babies, naked or wrapped in swaddling clothes, and are a symbol of the building’s function. Any mother who wished to surrender her baby into the care of the Ospedale could place it in a stoup below a small window in a wall of the building. The stoup opened onto an inner room where a woman waited and removed each baby immediately after it was placed there. In the 18th century the stoup was replaced by a wheel, rather like a “lazy Susan”. The baby was placed on the wheel, which was turned, and the baby was delivered into the arms of the woman waiting inside the orphanage. Babies were sent out to wet nurses until they were weaned and then returned to the orphanage where they remained until they were fostered out or became old enough to work or, in the case of girls, betrothed to marry. All the children acquired the same family name - Innocenti.
LESSONS FROM GERMANY: SHOULD UK LEGISLATION CIRCUMNAVIGATE OR CIRCUMVENT THE ISSUE OF MALE CIRCUMCISION?
Authors: Dyer Karen 
Published: August 2020

Recent Court Action in Cologne Germany has seen rapid response from the German Government, with the German Parliament passing new legislation confirming the lawfulness of ritual circumcision. However there are questions as to whether German Parliament has done enough This case note looks at the background to the case and considers the ethical implications of this case in parallel to current activity in the UK.The author makes recommendations to minimum legal requirements to current English law in this respect.
THE BRAVE NEW TERRITORY OF GAY PARENTING
Authors: Welstead Mary 
Published: August 2020

Many couples in same-sex relationships are as enthusiastic in their desire to become parents as those who are in heterosexual relationships. Adoption, surrogacy, sperm donation, have all enabled same-sex couples to achieve their parental ambitions and create families. For the most part, they have done so without any interference by, or involvement with, the biological parents after the birth of their children.Whilst the majority of lesbian parents tend to use sperm which has been obtained from an anonymous donor, some women have shown a preference to use a sperm donor who is known to them to become the biological father of their children.This may be because they want to know the background, personality and medical history of a potential father before embarking on the procreative process. In some cases, it may also be because some women want their children to have a male role model in their life. Using a known sperm donor can, however, involve risks for would-be-mothers if, contrary to the father’s wishes, they do not want him to play a significant role in the child’s life. Their dreams of creating an autonomous nuclear family may be destroyed and replaced with a new form of extended family, consisting of three or even four parents if the biological father has a partner. The tale recounted in the Appeal Court judgment in A v B and C (Lesbian co-parents: role of father) (2012) is a cautionary one for lesbian would-be-parents and one of hope for potential biological fathers who are known to them. The Court of Appeal emphasised the paramountcy of the welfare principle, contained in s1(1) of the Children Act 1989 in resolving all child contact disputes. It declined to elicit any further principles in these difficult fact specific cases and stated that the sexual orientation of the parents and their pre-conceptual agreements, or understandings, spoken or unspoken are either irrelevant (per Thorpe LJ) or relevant but not determinative (per Black LJ).* Dr Mary Welstead, CAP Fellow, Harvard Law School, Visiting Professor of Family Law, University of Buckingham.[1] Re G; Re Z (Children: Sperm Donors: Leave to Apply for Children Act Orders) [2013] 1 FLR 1334.
BUSINESS, HUMAN RIGHTS AND CHILDREN: THE DEVELOPING INTERNATIONAL AGENDA
Authors: Martin-Ortega Olga , Wallace Rebecca M M 
Published: August 2020

The consideration of the role of the private business sector with regards to the fulfilment of children’s rights is relatively recent. International attention on the effects of business activities have on children has been fragmented until now, focussing on specific sectors, mainly child labour and economic exploitation. Recent international developments, addressed both to states and business enterprises, propose a more comprehensive approach. This article focuses on two of them: the UNICEF-Global Compact and Save the Children Children’s Rights and Business Principles (CRB Principles), launched in May 2012, and the Committee on the Rights of the Child’s General Comment No. 16 on state obligations regarding the impact of the business sector on children’s rights, published in April 2013. Both documents represent an important step in the consolidation of an international agenda for the protection of the rights of the child that takes into account the different challenges faced by children in the current economic system.
FREE COUNTRY
Authors: Scott of Foscote The Rt Hon Lord 
Published: August 2020

Sir Sydney Kentridge KCMG, QC, Hart Publishing Oxford 2012 ISBN-10: 1849464677, ISBN-13: 978-1849464673 Price £20.00 hb‘Free Country’ is a collection of lectures and talks, twelve in all, given by Sir Sydney Kentridge QC, over a period running from 1979 to 2011 and now published as a collection. Sir Sydney became in 2009 an honorary LLD of the University of Buckingham, an addition to the seven or eight honorary degrees that he already held from Universities in England, South Africa and elsewhere in the world. Susan Edwards, Professor in Law at the University of Buckingham, asked me to write a review of “Free Country’ for inclusion in this year’s edition of The Denning Law Journal, published annually by the University. It was an honour and privilege to have received this invitation, my only qualification for which is that besides, like Sir Sydney, having had a career as a lawyer in England, I like him, was educated and brought up in South Africa and, when I came to England, did so on a South African passport. Having read, and re-read, the remarkable collection of lectures and talks that constitutes ‘Free Country’ I find it impossible to write about the collection without first writing about its very distinguished author.
THE SETTING OF THE SUN ON THE VILLAGE GREEN ERA?
Authors: Pratt Natalie 
Published: August 2020

The United Kingdom Supreme Court has recently handed down the much anticipated judgment in R (Barkas) v NorthYorkshireCounty Council(“Barkas”). The case addressed the “by right” defence in village green law and whether use that is pursuant to a statutory right could be use “as of right” for the purposes of village green registration. The court unanimously ruled that use “by right” could not be considered as use “as of right” and would not be qualifying use for the purposes of registration. Use will be “by right” when it is pursuant to a statutory right to use the land, and is usually engaged when the land in question is in public ownership. In reaching this judgment the court overruled the previous authority of R (Beresford) v SunderlandCity Council(“Beresford”).The Supreme Court left many questions unanswered, although the culmination of recent activity in village green law now makes it considerably harder to register new greens. The inability to protect recreational spaces through village green registration potentially makes this land available for development, thus tipping the balance in favour of the economic aim, at the expense of the social and environmental aims, of sustainable development.
Does the failure to provide equitable access to treatment lead to action by NHS organisations: the case of biologics for South Asians with inflammatory bowel disease?
Authors: Mayberry John Francis 
Published: August 2020

Aims: The purpose of this study was to identify whether NHS Trusts where discrimination in the delivery of care to patients from the South Asian community had been demonstrated had taken any actions to address the issue over the subsequent year.Methods: Freedom of information requests were sent to three trusts which had provided evidence of disparate provision of biologic therapy to patients with Crohn’s disease, their associated Clinical Commissioning Groups and Healthwatch organisations to seek evidence they had remedied the situation. Requests were also sent to the Care Quality Commission, NHS Improvement and the Equality and Human Rights Commission seeking examples where they had responded to inequitable delivery of care related to ethnicity.Results: No organisation had any evidence of responses to the situation, many unable to accept its existence.Conclusion: Legal duties are discussed and the only remedy appears to be through the tort of negligence.
Dynamic Linkages between Singapore and NSE listed NIFTY Futures and NIFTY Spot Markets
Authors: Kotha Kiran Kumar , Bose Shreya 
Published: August 2020

This study examines the dynamic linkages of Nifty stock index and Nifty index futures contract traded on the home market, National Stock Exchange (NSE) and on the off-shore market, Singapore Stock Exchange (SGX). The study uses daily closing prices of the Nifty index and the Nifty futures contract traded on both the exchanges for the period July 15, 2010 to July 15, 2016. The study finds a causality running from the returns of the spot market to the returns from the Nifty futures market in both the exchanges, NSE and SGX, with the help of Vector Error Correction model and Granger causality test. Variance Decomposition and Impulse Response Analysis also confirm that the spot market is the leading market in price discovery, making it the most efficient amongst others.
THE PRODUCTION AND PREDICTION OF TRAFFIC ACCIDENTS
Authors: Shilony Yuval 
Published: August 2020

Traffic accidents are a painful and costly affliction all over the world. The discussion and debate over the most effective measures to adopt to enhance road safety is often based on folk theories and is not free of private interests and pressures. Road traffic is a complicated system of interactions providing transportation services. Unfortunately, in conjunction with these services, traffic accidents, an awful public bad, are produced. The purpose of this paper is to study the production relationship, for inter-city transportation, between the physical factors, i.e., highways and vehicles, and traffic accidents. The upshot is prediction ability of accidents in any given road segment, existing or planned. The regretful aspect of roads runs counter to conventional wisdom which, failing to appreciate the quantitative relationship between roads and accidents, often advocates building more and wider roads as the remedy. The empirically substantiated public bad property of roads, by way of production functions for traffic accidents, is useful for public policy, concerning the investment in highways versus other forms of transportation, such as rail. They also promote better understanding of traffic accidents and their data and the methodology allows testing hypotheses relating to safety policy. This study sheds light on the enigma of the long-term decline in the probability of death on the road, as observed in many countries, by attributing it to the rising traffic density. The estimation also sheds light on the accident-externality imposed by road users on others. The results suggest that for inter-city roads the risk of fatal and severe accidents is over-internalized by road users as the marginal effect of traffic flow is smaller than the average.
DOES SPORTSBOOK.COM SET POINTSPREADS TO MAXIMIZE PROFITS?
Authors: Paul Rodney J , Weinbach Andrew P. 
Published: August 2020

The Levitt (2004) model of sportsbook behavior is tested using actual percentages of dollars bet on NFL games from the internet sportsbook, Sportsbook.com. Simple regression results suggest that Sportsbook.com sets pointspreads (prices) to maximize profits, as the Levitt model assumes, not to balance the betting dollars, as the traditional model of sportsbook behavior assumes. Sportsbook.com is found to accept significantly more wagering dollars on road favorites, larger favorites, and on the over for the highest totals in the over/under betting market. Bettor liquidity constraints and sportsbook betting limits may help explain this result.
TESTING THE EFFICIENCY OF MARKETS IN THE 2002 WORLD CUP
Authors: Ricard Gil Ricard Gil , Levitt Stephen D 
Published: August 2020

Trading data from the gambling market for the 2002 World Cup provide a unique window through which to test theories of market efficiency. This market provides many of the benefits of a laboratory experiment, but with much higher stakes, experienced participants, and a naturally-occurring environment. The primary drawback of the data is the relatively small number of trades. The evidence concerning market efficiency is mixed. Although markets respond strongly to goals being scored, there is some evidence that prices continue to trend higher for 10-15 minutes after a goal. We also observe systematically negative returns for bets on the pre-game favorite, consistent with the biases seen in wagering on other sports. We document the endogenous emergence of market makers. These market makers are involved in a large share of trades. Increasing from two active market makers to five or more market makers does not appear to improve the functioning of the market. On average, the market makers earn slightly negative returns, implying that other traders are able to identify situations in which market makers are setting inefficient prices
EXAMINING TRADER BEHAVIOR IN IDEA MARKETS: AN IMPLEMENTATION OF GE'S IMAGINATION MARKETS
Authors: Spears Brian , LaComb Christina , Interrante John , Barnett Janet , Senturk-Dogonaksoy Deniz 
Published: August 2020

We present the outcome of an idea market run for one of GE Energy's sub-businesses in July and August of 2006. GE Energy used this market to elicit and rank-order technology and product ideas from across the sub-business. In this experiment, we examine the behavior of traders that have submitted the ideas on the market and their influence on the market's outcome. An idea’s submitter is clearly motivated to have his idea valued highly by the market, both by the funding given to the top idea as well as smaller prizes given to the top three ideas. In general, founders tended to buy their suggested ideas at prices above the volume-weighted-average-price (VWAP) in significant volumes. We discuss the implications and mitigation strategies. A survey of market participants yielded mixed results regarding the market's effectiveness at ranking ideas but very positive results regarding the quality of ideas proposed.
PRIVATE PREDICTION MARKETS AND THE LAW
Authors: Bell Tom 
Published: August 2020

This paper analyses the legality of private prediction markets under U.S. law, describing both the legal risks they raise and how to manage those risks. As the label "private" suggests, such markets offer trading not to the public but rather only to members of a particular firm. The use of private prediction markets has grown in recent years because they can efficiently collect and quantify information that firms find useful in making management decisions. Along with that considerable benefit, however, comes a worrisome cost: the risk that running a private prediction market might violate U.S. state or federal laws. The ends and means of private prediction markets differ materially from those of futures, securities, or gambling markets. Laws written for those latter three institutions nonetheless threaten to limit or even outlaw private prediction markets. As the paper details, however, careful legal engineering can protect private prediction markets from violating U.S. laws or suffering crushing regulatory burdens. The paper concludes with a prediction about the likely form of potential CFTC regulations and a long-term strategy for ensuring the success of private prediction markets under U.S. law.
ON MARKET MAKER FUNCTIONS
Authors: Hanson Robin 
Published: August 2020

Since market scoring rules have become popular as a form of market maker, it seems worth reviewing just what such mechanisms are intended to do.The main function performed by most market makers is to serve as an intermediary between people who prefer to trade at different times. Traders who have the same favorite times to trade can show up together to an ordinary continuous double auction, and then make and accept offers to trade. But when traders have different favorite times, a market maker can help them by first making offers that some of them will accept, and then later making opposite offers which others will accept. By adjusting prices in his favor, a market maker can even profit from providing this service.