bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Nature of Proprietary Interests
Authors: Calnan Richard 
Published: March 2021

Abstract
This chapter discusses the distinction between personal and proprietary rights, and why it is important where third parties are involved or there is an insolvency. It explains the difficulty of drawing the distinction between personal and proprietary rights in certain cases, including leases of goods, licences of land, and charterparties of ships. It considers the various types of proprietary interest—including legal and equitable interests; land, goods and intangibles; and outright and secured transactions. It explains the remedies available to enforce proprietary rights at common law (such as conversion) and in equity (including knowing receipt and dishonest assistance). The importance of the distinctions between personal and proprietary rights, in different types of proprietary interests, and between remedies under common law and equity are discussed.
Cross-Border Transaction Avoidance
Authors: Parry Rebecca 
Published: March 2021

Abstract
Significant differences in format and underlying policies may be noted in transaction avoidance provisions worldwide; indeed varying avoidance provisions are only one aspect of the lack of uniformity in the world’s insolvency laws. These differences may assume great practical importance in the insolvencies of companies or individuals with dealings in more than one country. The insolvency laws of more than one jurisdiction may be invoked: for example, a company may be wound up in more than one country, or enter into concurrent rescue procedures, such as a British administration procedure and a US Chapter 11 procedure. In addition, litigation arising out of the insolvency proceedings may be pursued in more than one country. Recourse to the laws of an overseas jurisdiction may occasionally be had where the laws of the country in which the winding up is being conducted are inadequate to deal with the issues that have arisen.
Non-EU Legal Instruments (EFSF, ESM, AND Fiscal Compact)
Authors: Martucci Francesco 
Published: March 2021

Abstract‘Another Legal Monster?’ That was the question asked by the Law Department of the European University Institute on 16 February 2012 in a debate about the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG), also known as the Fiscal Compact Treaty. On 2 March 2012, twenty-five Member States of the European Union minus the United Kingdom and the Czech Republic signed the TSCG. A month before, on 2 February 2012, the euro area Member States signed the Treaty Establishing the European Stability Mechanism (ESM Treaty), another legal monster. In both cases, the monstrosity lies in the fact that Member States have preferred to conclude an international treaty, rather than to use the European Union (EU) institutional system. Why did the European Commission not propose a legislative act to establish a financial assistance mechanism in the Eurozone and strengthen the fiscal discipline in the EU? Does this mean the end of community method and a victory for the intergovernmental method? As Herman Van Rompuy commented about the crisis; ‘often the choice is not between the community method and the intergovernmental method, but between a co-ordinated European position and nothing at all’. In 2010, Angela Merkel defended her vision of a new ‘Union Method’ in a speech held at the College of Europe. This approach can be defined by the following description: ‘co-ordinated action in a spirit of solidarity–each of us in the area for which we are responsible but all working towards the same goal’. Each of us means the European institutions and Member States. The new ‘Euro-international’ treaties (or inter se treaties) raise a number of questions regarding their compatibility with EU law, implications for the Union legal system, institutional balance, national sovereignty and democratic accountability. These questions are all the more important because international treaties raise a number of questions on their compatibility with EU law, implications for the Union legal system and institutional balance.
Sources of English Corporate Insolvency Law
Authors: Anderson Hamish 
Published: March 2021

Abstract
Reference is quite frequently made to the ‘insolvency code’ but this is misleading; there is no codification of English insolvency law which would bear comparison with a civil law code. The term is used colloquially to refer to the general body of insolvency law, covering both personal and corporate insolvency, which derives from a number of different sources. The term is also sometimes used more specifically to refer to the rules dealing with the ranking and priority of creditors.
The Latham Report and Its Aftermath
Authors: Coulson The Rt Hon. Lord Justice 
Published: March 2021

Abstract
A graph that indicated the health (and otherwise) of the construction industry in the UK in the twentieth century would make a startling sight: a bewildering series of peaks and troughs that often, but not always, mirrored the wider health of the UK economy. On occasions in the past, many have endeavoured to promote or otherwise help the construction industry, with a record of success that can only be described as mixed. Changing priorities amongst the senior judiciary have not always helped to encourage stability and certainty.
Errors of Law and Fact
Authors: Coulson The Rt Hon. Lord Justice 
Published: March 2021

Abstract
The starting point for any discussion of this topic is not a case concerned with adjudication at all. In Nikko Hotels (UK) Ltd v MEPC plc, a rent review case, the lease contained a formula for increasing the rent, which necessitated the determination of the average hotel room rate. The independent expert, whose determination of the issue was provided for by the terms of the lease, construed that expression as meaning the average of the published prices at which rooms were said to be available, rather than the average room rate actually achieved. This interpretation of the lease naturally meant that the rate was higher than it would otherwise have been, and the tenants issued an originating summons, alleging that the decision was a nullity because it was based on a misconstruction of the rent review clause.
Article 4(2). Processing
Authors: Tosoni Luca , Bygrave Lee A 
Published: March 2021

Abstract
In order to prevent creating a serious risk of circumvention, the protection of natural persons should be technologically neutral and should not depend on the techniques used. The protection of natural persons should apply to the processing of personal data by automated means, as well as to manual processing, if the personal data are contained or are intended to be contained in a filing system. Files or sets of files, as well as their cover pages, which are not structured according to specific criteria should not fall within the scope of this Regulation.
Article 11 Processing which does not require identification
Authors: Georgieva Ludmila 
Published: March 2021

Abstract
Article 4(1) (Definition of ‘personal data’); Article 5 (Principles relating to processing of personal data) (see too recital 39); Article 6 (Lawfulness of processing); Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject); Articles 15–20 (Data subject rights) (see too recital 64); Article 24 (Responsibility of the controller); Article 25 (Data protection by design and default) (see too recital 78); Article 32 (Security of processing) (see too recital 83).
Article 13 Information to be provided where personal data are collected from the data subject
Authors: Zanfir-Fortuna Gabriela 
Published: March 2021

Abstract
Article 5(1) (Principle of fairness, lawfulness and transparency); Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject); Article 14 (Information to be provided where personal data have not been obtained from the data subject); Article 15 (Right of access by the data subject); Article 23 (Restrictions); Article 34 (Communication of a personal data breach to the data subject).
Directions and Beddoe Applications
Authors: Weaver Elizabeth 
Published: March 2021

Abstract
The court’s jurisdiction to give directions derives from the long-established jurisdiction of the Chancery courts to execute a trust and supervise its proper administration. Trustees may apply to the court for guidance or authority to take a particular course so that they can carry out their duties properly and without fear of being in breach of trust. Others who are affected by or concerned in the administration of a trust can also apply for directions.
Gibraltar
Authors: Simpson Charles 
Published: March 2021

Abstract
The main statutory provisions in Gibraltar are: the Trustees Act 1895 as amended, which is based on early versions of trust legislation in England and the Trusts (Private International Law) Act 2015 which came into force on 17 September 2015. In addition, Gibraltar is a common law jurisdiction and English common law and the rules of equity are applied in accordance with section 2(1) of the English Law (Application) Act 1962.
Voting
Authors: Kosmin Leslie , Roberts Catherine 
Published: March 2021

Abstract
The purpose of this chapter is to examine the right of a member to vote at general meetings of a company. When a general meeting of a company has been duly convened and proceeds to transact the business contained in the notice, enfranchised members of the company will be able to vote on the particular resolutions. There are two basic methods by which votes may be cast by members at a general meeting. A vote at a general meeting may be taken on a show of hands, or alternatively, a vote may be conducted by means of a poll. These two well-known methods of voting in relation to companies will be considered in this chapter. In addition, as will be seen, it is now possible for a company to provide in its articles for voting in advance on a poll.
Exercise of Members’ Rights
Authors: Kosmin Leslie , Roberts Catherine 
Published: March 2021

Abstract
One of the most noteworthy features of modern commerce in the twentieth and twenty-first centuries has been the emergence of the nominee shareholding in large, and in particular, public listed companies. Partly for ease of administration, the clients of banks, brokers and other financial institutions are encouraged to have their share portfolios held on their behalf by nominee companies of the financial institutions. The impact of this structure is such that the nominee company, which may provide a similar service for literally thousands of clients, is the ‘member’ of the company concerned and, under conventional company law and procedure, is the only person entitled to represent the interests of its clients at any general meeting.
Adjournment
Authors: Kosmin Leslie , Roberts Catherine 
Published: March 2021

Abstract
It is frequently the case that a properly convened general meeting of a company has to be adjourned, in the sense of its proceedings being postponed or deferred to a later time, either on the same day or to a date in the future or indefinitely. The reasons for seeking an adjournment are many and varied and may range from a desire to give more time for consideration of an important matter on the agenda, to a preference for postponing a decision until further facts or information are available for shareholders. It should be noted that there is a difference between an adjourned meeting and one that is abandoned. If a meeting is adjourned, the resumed meeting can only conduct the business not dealt with at the original meeting. If a meeting is abandoned the meeting is concluded and a new meeting will need to be called, at which any business, including anything new and anything which was before the original meeting, can be discussed provided that proper notice is given of the new meeting.
The Client
Authors: Sprack John , Engelhardt–Sprack Michael 
Published: March 2021

Abstract
This Chapter attempts to give some guidance to those dealing with a client in a criminal matter. It is intended to be of assistance to those who are embarking upon, or are relatively new to practice, as the matters in this particular Chapter will be familiar to a practitioner with some experience. It is not geared particularly to either barristers or solicitors, but takes certain situations where the tasks to be performed and the instructions to be sought are common to both branches of the profession. For ease of presentation it is presented from the point of view of the defence lawyer, but the points made are easily transferable to those who are representing the prosecution.
Appeals from the Crown Court
Authors: Sprack John , Engelhardt–Sprack Michael 
Published: March 2021

Abstract
Appeals against conviction on indictment, against sentence following conviction on indictment, and against sentence passed following committal to the Crown Court for sentence, are all heard in the Criminal Division of the Court of Appeal. Decisions of the Crown Court in matters not relating to trial on indictment (e.g., in disposing of appeals from magistrates’ courts) may be challenged by appealing by way of case stated to a Divisional Court of the Queen’s Bench Division, or by applying for judicial review. Since appeals by case stated and applications for judicial review are chiefly used to correct errors made by magistrates, they are described in Chapter 27. The structure of the criminal appeal system is summarized in Figure 26.1.
The Republic of Korea (‘.kr’)
Authors: Nahm Ho-Hyun 
Published: March 2021

Abstract
Trademark rights in Korea are based on registration. The Trademark Decree was promulgated in 1908 and the Trademark Act was firstly enacted and enforced on November 28, 1949. Since that time, the Trademark Act has been amended 39 times, with the most recent amendment on June 11, 2014 (this amendment took effect as of June 11, 2014). The Trademark Act is composed of ten chapters divided into General Provisions, Requirements and Application for Trademark Registration, Examination, Trademark Registration Fees and Trademark Registration, Trademark Rights, Protection of Owners of Trademark Rights, Trial, Retrial and Litigation, International Application under the Protocol, and Supplementary Provisions.
United States Of America (‘.us’)
Authors: Towns William R 
Published: March 2021

Abstract
The standard for trademark infringement in the United States is ‘likelihood of confusion’. Under this standard trademark infringement occurs when, dependent on the attendant circumstances, two parties’ use of the same or similar mark with related goods and services would be likely to cause the public mistakenly to believe: (1) that the goods and services emanate from the same source; or (2) that the parties are in some manner affiliated or that the goods and services of one party have the sponsorship, endorsement, or approval of the other party. In either case, trademark law aims to protect the public from deceit, and to prevent the diversion of reputation and goodwill from the one who has created it to another who has not.
Creditor Schemes in Practice
Authors: O’Dea Geoff , Long Julian , Smyth Alexandra 
Published: March 2021

Abstract
In order for the court to have jurisdiction to sanction a scheme the ‘company’ or debtor must have agreed—by the necessary resolutions being approved by the requisite majorities at the scheme meeting(s)—a ‘compromise’ or ‘arrangement’ with its ‘creditors’. Every person who has a quantifiable pecuniary claim against the company, whether actual, contingent, unliquidated or prospective, is a creditor within the meaning of the Companies Act 2006—Re Midland Coal, Coke and Iron Co.
The Requirement Of A Defect: Introductory Issues
Authors: Fairgrieve Duncan , Goldberg Richard 
Published: March 2021

Abstract
The removal of a requirement of proving negligence, which is usually regarded as the distinguishing feature of the system of strict liability introduced by Pt I of the Consumer Protection Act 1987, will in all probability shift the focus of attention to the question of whether the claimant has established that the product is defective. As will be seen, the question gives rise to many difficult issues. Indeed, one writer has observed that ‘the problem of defining defectiveness has exercised the minds of legal scholars perhaps more than any other aspect of product liability law’.
Rights Conferred
Authors: Annette Kur , Senftleben Martin 
Published: March 2021

Abstract
EU trade mark law confers exclusive rights on the proprietor of a registered trade mark. It provides for three general types of protection. Article 9(2) EUTMR and Article 10(2) TMD offer protection against confusion under sub (b) (see paragraph 5.105 et seq.) and protection against dilution under sub (c) (see paragraph 5.182 et seq.). In double identity cases (identical signs used for identical goods or services), sub (a) (see paragraph 5.64 et seq.) provides for ‘absolute’ protection (recital 16 TMD) combining elements of both forms of infringement on the basis of the function theory developed by the Court.
Trade Marks as Objects of Property
Authors: Annette Kur , Senftleben Martin 
Published: March 2021

Abstract
Harmonized EU trade mark law contains rules on trade marks as objects of property in Articles 16 to 24a of the European Union Trade Mark Regulation (EUTMR) and Articles 22 to 26 of the Trade Mark Directive (TMD). These rules cover transfer and assignment, the possibility of giving trade marks as security and granting rights in rem, the levy of execution, the involvement of EUTMs in insolvency proceedings, and issues of trade mark licensing. The substantive provisions are accompanied by procedural rules concerning the recordal of corresponding legal transactions in the register. While the TMD only guarantees the possibility of registration, the EUTMR contains more detailed registration requirements.
Enforcing Patent Rights
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter discusses patent law enforcement in the UK, US, Continental Europe, and Asia, first considering the rules on infringement. In the UK, for instance, patent infringement is not a crime, but a tort. Essentially, the right given by a patent is the right to sue for infringement. While this is true for all countries having an Anglo-Saxon legal system and also for many others, there are some countries in which patent infringement is a criminal offence. With regard to procedure, matters of patent law are under the sole jurisdiction of federal courts in the US. In the UK, nearly all infringement actions are heard by the courts and regulated by the Civil Procedure Rules 1998. In Continental Europe, most of the evidence is written, rather than oral, and the role of the judge is seen more as that of an investigator than that of a referee.
The Negligence Liability of Public Authorities, Second Edition
Authors: Fairgrieve Duncan , Squires QC Dan 
Published: March 2021

Abstract
Whether, and in what circumstances, public authorities should be held liable for negligence in the performance of their public functions is a highly complex area of the law. Written by Cherie Blair and Dan Squires QC, the first edition of The Negligence Liability of Public Authorities provided a much needed guide to these complexities and offered a detailed account of the law for practitioners and academics. This second edition builds on the reputation of the first, including full coverage of the many important cases which have been decided since 2006. Divided into two parts, Part I focuses on the extent to which the public nature of a defendant affects civil liability and the principles that govern and limit that liability. Part II considers the law as it impacts upon specific areas of public authorities' activities. It examines cases in a range of key areas, including the police, social services, highways, education, and the emergency services and aims to set out in a comprehensive way the different legal issues that have arisen in each area. By examining cases in a variety of jurisdictions, including Australia, Canada, South Africa, New Zealand and the USA, the authors further broaden the scope of this authoritative text. The book also identifies the underlying principles and policy arguments which have shaped the law more generally, making it an extremely useful resource for a wide variety of practitioners.
MEASUREMENTS OF SEASONAL VARIATIONS OF RADIOACTIVITY DISTRIBUTIONS IN RIVERINE SOIL SEDIMENT OF ADO-ODO OTA, SOUTH-WEST NIGERIA: PROBABILISTIC APPROACH USING MONTE CARLO
Authors: Maxwell Omeje , Adewoyin Olusegun O , Joel Emmanuel S , Ikechukwu B Ijeh , Timothy-Terhile Mary A , Okoro Emeka E , Uchechukwu Omeje Anne , Adeleye Bosede Ngozi , Michael Orosun Muyiwa , Ifeanyi Oha A , Ogunrinola Iyanuoluwa E , Ahuekwe Eze F , Saeed M A 
Published: March 2021

AbstractThe radioactivity levels were measured using a hand-held gamma-ray survey meter and NaI (Tl) based gamma spectroscopy to evaluate the seasonal variation of radioactivity levels in the riverine area of Ado-Odo Ota. The measured iso-dose map reported higher gamma dose rate of 79 nGy/h, approximately 34% higher than the world average of 59 nGy/h. The values for U-238, Th-232 and K-40 activity levels ranged between 29.9 and 21.6; 103.2 and 31.2; 802.2 and 233.5 with mean values of 26.1, 55.6 and 499.3 Bq/kg, respectively. According to the mean, 5th and 95th percentiles of the probabilities using the Monte Carlo simulation, the Radium equivalent activities and the absorbed dose rates are within their respective recommended limits of 370 Bq/kg and 84 nGy/h. This study could be used to monitor dose rates and radiological risks for the areas covering the small area (Ado-Odo Ota) to the larger area (West African Region) as baseline data.
Does It Pay to Do Novel Science? The Selectivity Patterns in Science Funding
Authors: Ayoubi Charles , Pezzoni Michele , Visentin Fabiana 
Published: March 2021

Abstract
Public funding agencies aim to fund novel breakthrough research to promote the radical scientific discoveries of tomorrow. Identifying the profiles of scientists being financed to pursue their research is therefore crucial. This paper shows that the funding process is not always awarding the most novel scientists. Exploiting rich data on all applications to a leading Swiss research funding program, we find that novel scientists have a higher probability of applying for funds than non-novel scientists, but they get on average lower ratings by grant evaluators and have fewer chances of being funded. We discuss the implications for the allocation of scientific research spending.