bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Proof Conundrum
Authors: Jensen J Ole 
Published: August 2024

Abstract
This chapter explains how the ‘proof conundrum’ makes it difficult to ascertain the irregular involvement of tribunal secretaries in an arbitration. It first considers the burden and required standard of proof regarding any procedural irregularity involving tribunal secretaries before discussing a variety of methods of proof as to their potential to overcome the proof conundrum. These methods include direct testimony, disclosure of documents relating to use of secretary, time sheets, and linguistic analysis of the award. The chapter shows how the secrecy of arbitral deliberations prevents most cases of an impermissible use of secretaries from ever coming to light and identifies which tools exist to nevertheless obtain information. It argues that any remedies may be available at all only if there are concrete signs of an impermissible use of tribunal secretaries.
Conflict of Interest
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter explores how a conflict of interest in a case could trigger a rescission. Transactions involving the purchase or sale of trust are declared void and subject to rescission. A fair-dealing rule regulates the transactions between fiduciaries and their principals. The danger arises when a fiduciary would be tempted to favour his interests by disregarding his duty towards their principal. The chapter covers the nature and basis of the fair-dealing rule, while also tackling its relationship with presumed undue influence. It cites double employment, causation irrelevant, and bribery as examples that trigger a conflict of interest and a contract’s rescission.
Extinction of the Contract
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter studies situations when a contract comes to be set aside ab initio. It explains how a contract would be automatically extinguished as soon as the innocent party chooses to disaffirm it when a contract is voidable at common law. After the consideration of common law, the chapter looks at the position where a transaction could only be voidable in equity. While fraud primarily gives a right to rescind, it is the transaction’s rescission that provides a defence. The chapter then covers the practice of issuing injunctions in an effort to restrain action at law from becoming redundant after the Judicature reforms. It also looks into the discretion used to grant rescissions.
Partial Rescission
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter discusses partial rescission, which involves setting aside one part of a contract while leaving other obligations in force. It also includes the statutory adjustment of insurance contracts wherein a party wishes to virtually rescind their contract against a wrongdoing party. However, according to common law and equity, a contractual bargain cannot be rescinded in part unless the part is properly severed. The rule against partial recission goes in line with the court not involving itself in the rewriting of bargains, and rescission should take effect automatically on the claimant’s election. The chapter then expounds on possible adjustments to insurance contracts. Moreover, it explores rescission against third-party wrongdoers.
Remote Recipients
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter explores claims to recover an asset in the hands of a remote recipient. Remote recipient refers to a purchaser, mortgagee, or other transferees who acquired interest from the guilty party to the voidable transaction. Rescission becomes available if the remote recipient is a volunteer or recipient of a crossed cheque. When taking the defeasible title granted under the voidable transaction, remote recipients of assets sold under a voidable transaction are frequently exposed to proprietary claims as a result of rescission. The chapter then expounds on the nature of the claims of remote recipients and the consequences of recovery.
Set-off
Authors: McParland Michael 
Published: August 2024

Abstract
This chapter explains Article 17 of the Rome I Regulation. Set-off is a method of extinguishing reciprocal obligations. While the characterisation of set-off has caused difficulties in cross-border disputes, the practical problem is a choice of law. Article 17 aims to resolve the question of which law applies to determine the existence, nature, and effect of a claimed right to set-off. It is concerned with ‘the right to set-off’ rather than any procedural mechanisms involved. Article 17 only applies where the right to set-off arises from the ordinary principles of the identified applicable law. Such rights exist in several ways and under several labels within the national laws of Member States.
The Right to Marry, the Right to Respect for Family Life, the Prohibition on Discrimination, and International Marriage
Authors: Fawcett James J , Shúilleabháin Máire Ní , Shah Sangeeta 
Published: August 2024

Abstract
This chapter explores the impact of the right to marry and the right to respect for family life and the prohibition on discrimination on the English choice of law rules relating to validity of marriage and civil partnership. In their broad outline, the traditional English private international law rules on validity of marriage are reasonably well aligned with Articles 8, 12, and 14 ECHR as they have been interpreted by the ECtHR. The English choice of law rules presuppose a sharp distinction between formal validity on one hand and essential validity (or capacity) on the other, and this bifurcation is reflected in the ECtHR’s recognition of legitimate ‘substantive’ and ‘procedural’ restrictions on marriage. In their detail, however, the English rules are sometimes seriously misaligned with human rights expectations and most of the case law appears to have developed without any awareness of the potential impact of the ECHR.
Valuation Standards and Criteria
Authors: Marboe Irmgard 
Published: August 2024

Abstract
This chapter gives an outline of the legal framework of compensation and damages in international investment law. Starting from the standard of compensation upon expropriation under international law it analyses the difference between lawful and unlawful expropriations. It then examines the criteria for valuation in cases of State responsibility and breaches of contract. Furthermore, it addresses the appropriate valuation date as well as the issues of contributory negligence and the duty to mitigate damages. Finally, it discusses the question to what extent equitable considerations and the respondent State’s economic situation should have an influence on the financial outcome of the award.
‘Consumer Interest’ and the Aims of EU Competition Law
Authors: Ioannidou Maria 
Published: August 2024

Abstract
Chapter 2 introduces the main variables which influence the analysis undertaken, beginning with the relationship between consumer and competition law. A consideration of the role of competition law vis-à-vis consumer law facilitates the subsequent discussion on ‘consumer interest’ in EU competition law. In relation to ‘consumer interest’ it points to the inconsistencies between its frequent presence in the Commission’s policy documents and its rather limited role in European courts’ case law and the Commission’s substantive enforcement practice. This finding points to the need for more active consumer involvement in actual competition law enforcement as an alternative route for bringing consumer interests to the fore.
The Creation of the Competition and Markets Authority
Authors: Farrell Lesley 
Published: August 2024

Abstract
This chapter examines the creation of the Competition and Markets Authority (CMA). Section A discusses the rationale for the merger between the Office of Fair Trading (OFT) and the Competition Commission (CC). Section B goes on to discuss the structure and governance of the CMA. Section C provides commentary on the key concerns in relation to the creation of the CMA; in particular, it considers possible efficiencies of the new structure and the risk of confirmation bias. The chapter concludes that there is a possible tension within the CMA structure between the interest in maintaining efficiency and the interest in maintaining the high reputation of the UK competition authorities. The chapter also suggests that the CMA will have a greater influence internationally and domestically as a result of the structural changes.
Road Transport
Authors: Rusche Tim Maxian , Rodríguez Elvira Aliende , Vandenbussche Julie 
Published: August 2024

Abstract
Antitrust provisions contained in Regulation 1017/68 governed inland transport in general and road transport in particular until the entry into force of Regulation 1/2003 in May 2004. From this moment, inland transport became fully subject to Articles 101 and 102 TFEU in light of the general objective of modernization in the application of EU competition law. In general, the Commission’s intervention in road transport has been limited. Chapter 8 sets out the regulatory framework for the application of competition rules to the road sector, and describes the practice in respect of restrictive agreements, abuse of dominant position, mergers, and State aid.
Competition (II)
Authors: Mes Daniel , Blanco Luis Ortiz , de Lubiano Jokin Beltrán 
Published: August 2024

Abstract
The transatlantic revenue-sharing joint ventures came very close to a full merger of the operations of the airlines involved. For legal reasons, the Commission had to assess them under Article 101(1) TFEU. The impact that they have on competition, however, is largely the same. There are many commonalities to find in the Commission’s competition analysis of full mergers. The large majority of mergers notified to the Commission were between airlines that concentrate their operations at airports in different countries. The Commission looks at the impact of the merger on different routes or city pairs. Competition concerns are often found on the trunk routes that connect two airport hubs of the merging airlines. Chapter 17 continues the discussion of the application of the competition rules to the airline industry, focusing on merger control and the practice in connection with State aid.
Airports (II)
Authors: Mamdaniová Eliška , Mes Daniel , Blanco Luis Ortiz , de Lubiano Jokin Beltrán 
Published: August 2024

Abstract
Airports are essential for the provision of air transport services. They provide necessary infrastructure for aircraft take-off and landing, including all related services while the aircraft is on the ground and the processing of passengers and freight. As airport operators provide services on a market, that is to say, carry out an economic activity, they are considered as undertakings for the purposes of competition law. This chapter discusses the definition of relevant markets in the context of airports, and provides an overview of the decision practice in connection with restrictive agreements and abuses of dominant position at airports—addressing in particular airport charges and ground handing issues, as well as merger operations. The chapter continues by elaborating on the application of State aid discipline to airports.
Introduction
Authors: Banégas Richard , Cutolo Armando 
Published: August 2024

Abstract
In Côte d’Ivoire, the national identity card has held a special status in the context of the political and military crisis that struck the country from 2002 to 2011. Not just a legal identification document, the ID card was an object that one must have to be socially recognized as a legitimate citizen in a society where certain sections of the population were considered of ‘suspect nationality’. Being at the heart of political tensions during the conflict, identification has found itself also at the heart of post-crisis policies trying to depoliticize it. These were connected, in turn, with a transnational governmentality where legal identification through biometric technologies, development, and democracy are connected within an institutional discursive frame. The Introduction describes how the long-term fieldwork carried out by the authors in the country, enquiring into the social life of identity documents, is aimed at understanding the political implications of apparatuses of identification, rooting them in Ivorian historicity.
State Responsibility
Authors: Howley Jessica 
Published: August 2024

Abstract
This chapter provides an overview of the rules of State responsibility relevant to overlapping individual and interstate claims. Utilising a distinction between legal injury (breach) and factual injury (damage), it examines the nature of international claims brought by States and by individuals. It explains that claims respond to a breach of international law and seek reparation for the resulting legal and/or factual injury. It highlights how different forms of reparation respond to different forms of damage under international law and examines the process for invoking State responsibility. It also outlines how circumstances precluding wrongfulness could be relevant to overlapping individual and interstate claims, and provides an overview of how they operate. The analysis in this chapter provides the foundation for understanding in what respect individual and interstate claims may overlap, and how rules of preclusion might operate to preclude one or both of such claims.
The Second Tale
Authors: Bitel Lisa M. 
Published: August 2024

Abstract
The tale of Étaín, Midir, and the Mac Óc sings of a love whose sting could fell a warrior. A love that conquered unbearable centuries of separation. A love that sneaked behind men’s backs. It tells of arrogant kings who bought and sold women, and who could not discern one beauty from another. It recalls men who threw unwanted girls into pits with hungry beasts. It sets kings of the Otherworld against mortal rulers in games of smooth hustling and legal trickery, impossible tasks and inescapable boons, boasts, and bargains. It speaks for a woman who could not speak for herself or control her own future. Étaín sits quietly at the heart of this tale, like the burl of an ancient oak. Fair Étaín, the object of desire and jealousy, Étaín of the long golden tresses with her lovers and husbands, Étaín shamed and abandoned, Étaín restored and reborn, who finally spoke up for herself and unfurled her wings. Étaín who could turn a man into a king.
DreamACTivist.org
Authors: Young Michael P. 
Published: August 2024

Abstract
Chapter 3 traces the emergence of undocumented youth activism online and outside of the influence of the nonprofit organizations supporting DREAMers on college campuses. It describes the origins and early impact of DreamACTivist.org. Drawing on interviews with the founders of the website, it documents how an exclusively online network of undocumented youth activists was formed and turned to collective action. It chronicles the merging of this online network with campus organizations in the 2008 convening of United We Dream (UWD). It concludes with an account of this new organization’s first year of operation and its tense interaction with the nonprofit organizations advocating for immigration reform.
Controversies and Character
Authors: Keating Malcolm 
Published: August 2024

Abstract
This final chapter brings together the concepts in epistemology and argumentation introduced throughout the book. It uses the Nyāya philosopher Jayanta Bhaṭṭa’s play, the Āgama-ḍambara (A Lot of Blather about Religion) as an illustration of the uses and possible limits of debate for resolving controversies. The play showcases a range of argumentative moves considered in earlier chapters. It also raises the challenge of how difficult it is to maintain the right kind of attitude to engage in truth-seeking discussion. Finally, it considers the problem of whether such discussion can protect the truth in circumstances where other parties to debate are less than virtuous.
Of Concepts
Authors: Franz Timothy 
Published: August 2024

Abstract
In Chapters 3–7, Maimon grounds the ancient division of thought into concepts, judgments, and inferences (originating in Aquinas’ treatment of Aristotle and still present in Kant) on the principles of his reflection. He begins by outlining concepts in this way. He analyzes the properties of concepts insofar as they are defined by the principle of determinability as a relation between a subject (determinable) which determines cognition independently and a predicate (determination) which determines cognition only in relation to a subject. This makes concepts susceptible to analysis of their quantity (general, particular, singular), quality (transcendental conditions, products, or educts of thought), relation (identical or different), and modality (understood in terms of the principle of determinability).
Of Inferences
Authors: Franz Timothy 
Published: August 2024

Abstract
In Chapter 5 Maimon introduces inferences as the connection of three terms grounded on the relation of determinability, and he proves the validity of immediate inferences. He argues that, since the connection of three terms implies one as the middle term, this property of mediacy is the origin of the need for symbolization. In Chapter 4, Maimon derived the forms of universal affirmative, universal negative, particular affirmative, and particular negative judgments. In Chapter 5, he sets these forms of judgment in the traditional square of opposition (where they relate as contraries and contradictories). He also proves the three kinds of inference that Aristotelian logic uses to reduce moods of the imperfect syllogistic figures to moods of the perfect syllogistic figures. Importantly, Maimon’s way of proving these immediate inferences, grounded on relations of reflexive thought, avoids problems with existential import in the traditional syllogistic.
Of Mediate Inferences
Authors: Franz Timothy 
Published: August 2024

Abstract
Chapter 6 finally builds Maimon’s doctrine of the syllogistic figures on his account of reflexive thought. It obtains and then proves the validity of the four perfect syllogistic moods of the first figure, Barbara, Celarent, Darii, and Ferio, from the same a priori relations of thought which characterize the forms of judgment. For example, the inference Barbara is simply an extension of the judgment “all b is a,” according to its meaning obtained in Chapter 4. If “all b is a,” and “all c is b,” the characteristic relations of thought mean that “all c is a” necessarily follows. Similar analysis shows the validity of the other three moods. Moreover, since Maimon has justified the three immediate inferences by the same relations of thought, he can also reduce all imperfect moods to those of the first figure. Thus, Maimon proves the Aristotelian syllogistic from his a priori reflection on thought.
Critique of the Cognitive Capacity
Authors: Franz Timothy 
Published: August 2024

Abstract
Chapter 9 develops a theory of spatiotemporal relations as a solution to the problem in Chapter 8 of objective cognition. It takes spatiotemporal relations to be necessary conditions of the elements of objective cognition: of pure mathematical construction, of what we can ascertain as objective in empirical objects, of thinking (making hypotheses), of cognition (confirming hypotheses), and of approaching completeness in empirical cognition. According to Maimon, we perceive objects subjectively, but we also project the form of pure mathematical cognition on them. At least implicitly, we are always trying to order what is given according to a priori relations of determinability. Maimon finds this effort to be the form of natural scientific cognition. It works by falsification: we form concepts to express the complete determination of objects, but as we experience consequences which those concepts cannot account for, we experience the demand, grounded in reflective thought, to improve our concepts.
What This Study Argues
Authors: Balserak Jon 
Published: August 2024

Abstract
This introductory chapter sets out a concise and clear explanation of precisely what this study argues: what we mean when we talk of Calvin, Beza, and their colleagues engaging in lying and deception. It explains, for instance, that this volume is not claiming they were lying about themselves or about the Roman Catholic Church or about the French authorities. It is also not arguing that they were lying about themselves or about Geneva or about the Christian gospel. Rather, this introduction explains, Calvin and his colleagues were lying, dissembling, and engaging in tergiversation for the purpose of hiding their evangelistic work from the French Catholic authorities.
King Francis II’s Reign (and Youth)
Authors: Balserak Jon 
Published: August 2024

Abstract
This chapter takes up the story of Calvin’s and the Genevans’ evangelizing of France from the summer of 1559—that is, with the death of King Henry II and rise to the throne of Francis II (who was only fifteen years old). This political change brought with it the rise to power of the Guises, an extremely powerful Catholic family. Thus France had now been infiltrated by men who did not belong in positions of power. This resulted in people concocting plots aimed at removing the boy or having a powerful political figure insert himself into French politics and call an Estates General meeting to attempt to remove the Guises and alter the political landscape. This chapter shows that Calvin and Beza entertained some of these plots and took part in one in September 1560—moved by the belief a boy that young (i.e., under the age of twenty-five) could not legally be king.
Global Lager
Authors: Pilcher Jeffrey M. 
Published: August 2024

Abstract
International trade in beer grew steadily although irregularly over the second half of the twentieth century. Free trade and improved transportation contributed to this growth, but demand for exotic beers responded to the glamorization of consumerism. The growth of contract brewing meant that “imported beers” were often actually brewed domestically or in neighboring countries to lower shipping costs. The standardization of pale lagers made advertising campaigns ever more essential to marketing, endowing brands with personalities to encourage loyalty. Beer festivals and invented traditions like twisting lime slices into bottles of Corona encouraged customer participation. Internationalized capital markets encouraged global consolidation from the 1980s, and European and North American giants fell victim to efficient firms from the Global South. Thus, over the second half of the twentieth century, management passed from brewing engineers to advertising executives and finally investment bankers. While profits soared, quality declined.
You Are Accidental
Authors: Sánchez Carlos Alberto 
Published: August 2024

Abstract
I consider accidentality to be one of four important or major themes in Mexican philosophy, the others being circumstantialism, nepantla, and anti-essentialism. We begin by thinking about a line in one of Vicente Fernández’s most beloved ballads, “El hijo del pueblo,” reflecting on how it reflects a pre-theoretical understanding and appreciation of our accidentality. We then move on to Emilio Uranga’s thesis that the “essence” of Mexican being is to be accidental, as a consequence of Mexico’s particular history. According to Uranga, recognition of this fundamental accidentality can lead to opposite reactions: on the one hand, to the paralysis produced by obsessing about the “what if” alternatives in one’s own life; on the other, to an empowering awareness of one’s essential freedom in a world where little about the future can be confidently assumed. Our aim is ultimately to show that Uranga’s focus on accidentality can be a guide to life.