bluuebunny/crossref_metadata_2025_split huggingface dataset:
Deservingness, humanness, and representation through lived experience: analyzing first responders’ attitudes
Authors: Lofaro Ryan J , Sapat Alka 
Published: August 2024

Abstract
Representative bureaucracy theory has mainly been used to understand how identities related to race, ethnicity, and gender influence how bureaucrats administer public services. Although representation through lived experience has expanded the scope of the theory, this theoretical thread has mostly focused on the perspectives of management. The purpose of this article is to employ lived experience representative bureaucracy theory to understand the influence of first responders’ experiences with substance use disorder (drug addiction) on their viewpoints regarding the humanness and deservingness of clients with opioid use disorder. We analyze data from a survey of emergency medical services (EMS)-providers and police officers in the United States (N = 3,500) with ordinary least squares regression and Hayes’ PROCESS macro to test for mediation. Results show that indirect and direct lived experiences—respectively, having a family member or friend who has experienced addiction and believing addiction has had a direct impact on respondents’ lives—predict increases in client deservingness, mediated by ascribed humanness and driven largely by EMS-providers. However, responding to opioid overdoses—an on-the-job lived experience—is associated with reduced deservingness and ascribed humanness. The study adds to the literature by expanding representative bureaucracy theory beyond race, ethnicity, and gender; broadening representation through lived experience beyond a focus on managers to include street-level bureaucrats; and incorporating concepts from social and political psychology that have yet to be integrated into representative bureaucracy studies.
The Elements of Article 101 TFEU/Chapter I of the UK Competition Act 1998: Collusion
Authors: Lianos Ioannis , Korah Valentine , Siciliani Paolo 
Published: August 2024

Abstract
This chapter examines the elements of Article 101 TFEU and Chapter 1 of the UK Competition Act of 1998 (CA98) with regard to collusive practices. It begins with a discussion of what Article 101 TFEU and Chapter I CA98 say about the concepts of ‘agreement’, ‘concerted practice’ and ‘decisions by association of undertakings’, focusing on agreement as ‘concurrence of wills’, agreement and coercion (private and public), and the doctrine of state compulsion. It then considers the subjective/intentional element and material element of a concerted practice, ‘apparently unilateral conduct’ in the context of a distribution network within the scope of Article 101 TFEU, the concept of ‘single and continuous infringement’, and Hub and Spoke conspiracies. The chapter concludes with an analysis of communications-based vs. effects-based approaches in defining collusion, placing emphasis on the debate over the scope of Section 1 of the Sherman Act and its relevance for EU competition law.
Horizontal Restrictions of Competition
Authors: Lianos Ioannis , Korah Valentine , Siciliani Paolo 
Published: August 2024

Abstract
This chapter focuses on the horizontal restrictions of competition. It first provides an overview of how competition law deals with horizontal collusion (collusion between competitors) before discussing the boundaries of the cartel category, the harm caused by cartels, and the underlying economic theory explaining their assessment in competition law. It then considers the use of effects-based approaches vs. formalism in assessing the competitive implications of cartels, the application of Article 101(1) TFEU and Chapter I of the UK Competition Act of 1998 to horizontal restrictions, collusion between competitors and restrictions of competition by object, horizontal price fixing and output restrictions, market sharing, bid rigging/collusive tendering, collective boycott agreements, and information exchange as an object restriction. The chapter also examines collusion between competitors and restrictions of competition by effect and concludes with an analysis of possible justifications for horizontal restrictions to competition.
Supplement to Chapter 1
Authors: Lianos Ioannis , Korah Valentine , Siciliani Paolo 
Published: August 2024

Abstract
This supplement to Chapter 1 reviews the history of competition law in the UK. It first considers the issue of administrative control, focusing on the enactment of the Monopolies and Restrictive Practices (Inquiry and Control) Act in 1948 and the establishment of the Monopolies and Restrictive Practices Commission by virtue of section 3(1) of this Act. It then examines the Monopolies Commission's general report on the effect of collective discrimination on the public interest, the relevant provisions of the Restrictive Trade Practices Act (RTPA) 1956, the decision to subject the resale price maintenance to the Restrictive Trade Practices Act in 1964, and the Monopolies and Mergers Act of 1965. It also provides an overview of the Fair Trading Act 1973 and the Restrictive Trade Practices legislation that was consolidated and amended in the Restrictive Trade Practices Act 1976.
Supplement to Chapter 7
Authors: Lianos Ioannis , Korah Valentine , Siciliani Paolo 
Published: August 2024

Abstract
This supplement to Chapter 7 presents case studies on horizontal restrictions of competition. It begins with a discussion of airline alliances, citing the various reasons for extensive cooperation between airlines as well as the main concerns about competition raised by such alliances. It then considers the cooperation among competitors in the financial services sector and how competition law is applied to banking, insurance and paying systems before analysing access network agreements and cooperation among mobile network operators (MNOs). The European Commission's decision in the case of the Star alliance for their revenue-sharing joint venture agreement is also mentioned, along with the experience of the UK with respect to network sharing.
Supplement to Chapter 10
Authors: Lianos Ioannis , Korah Valentine , Siciliani Paolo 
Published: August 2024

Abstract
This supplement to Chapter 10 on distribution agreements begins with a discussion of how the Internet has transformed the distribution segment of supply chains, followed by a review of the origins of a differentiated application of competition law to vertical integration and vertical contractual restraints, new challenges for the application of EU and UK competition law to vertical restraints, and online vertical restraints. Vertical restraints involving e-commerce or the digital economy, such as absolute and partial online sales bans, online RPM or RPM facilitating conduct, and Geographic Price Discrimination (GPD), are also analysed. Finally, competition enforcement activity in the food sector is examined, with a focus on the emergence of fairness-driven competition law to address superior bargaining power, the local competition between various retail stores, and platform competition between the various actors of the food value chain.
Relationship with Other EU Regulations
Authors: Wilderspin Michael 
Published: August 2024

Abstract
This chapter looks into the relationship of the Brussels IIb Regulation with other EU Regulations. It elaborates on the jurisdiction of the relationship between divorce and matters of parental responsibility. Since the Brussels IIb Regulation contains no choice of law rules, the forum must determine whether another EU Regulation to which it is party or a Convention to which it or the EU is party contains such rules. The chapter clarifies that each Regulation contains its own system of recognition and enforcement in line with its regimes. Under the Brussels IIb Regulation, all decisions that require enforcement can be enforced without the need to obtain a declaration of enforceability (exequatur).
Brazil
Authors: de Souza Marcelo Inglez , de Gouvêa Leão Fernanda , Machado Cesar Rossi 
Published: August 2024

Abstract
This chapter provides an overview of the arbitration system of Brazil, first by tracing the history of the country’s arbitration law and then discussing the current status of the law. It also considers the distinction between national and international arbitration, the practice of arbitration in Brazil, and the jurisdiction of the arbitral tribunal. In particular, it considers the arbitration agreement itself (eg, arbitration clauses and submission agreements, law applicable to the interpretation of arbitration clauses), arbitrability (‘personal arbitrability’, ‘objective arbitrability’), and enforcement of an arbitration agreement within or by court proceedings. The chapter goes on to examine the constitution of the arbitral tribunal (eg, appointment of arbitrators, legal grounds, and procedure for challenging and replacing an arbitrator), general principles of arbitral procedure, deliberations and agreement on the arbitral award, and the question of liability of arbitrators. Finally, it explains the enforcement rules for national awards and foreign awards in Brazil.
Disaster Aid
Authors: Bacon Kelyn 
Published: August 2024

Abstract
This chapter deals with aid directed at compensating for the damage caused by natural disasters or other exceptional occurrences. It presents the general and specific conditions for the application of the General Block Exemption Regulation (GBER) to such aid, and sets out the situations in which aid falling outside the scope of the GBER will be authorised directly under Article 107(2)(b).
Culture, Heritage, Sport and Local Infrastructure
Authors: Bacon Kelyn 
Published: August 2024

Abstract
This chapter considers the application of the State aid rules in three residual areas: culture and heritage, sport (including sports infrastructure) and local infrastructure. In relation to each area, specific issues relating to the existence of aid, the application of the General Block Exemption Regulation (GBER), and direct authorisation of aid under Article 107(3) are considered. Specific issues addressed include the exemption for aid to promote culture and heritage conservation under Article 107(3)(d), and the application of the State aid rules to professional football and support for sports stadia.
Responsibility of Directors of Financial Institutions
Authors: Schwarcz Steven L , Jones Aleaha , Yan Jiazhen 
Published: August 2024

Abstract
This chapter details the governance responsibilities of directors of financial institutions in the United States and worldwide. The fiduciary duties of directors of firms, including financial institutions, are owed primarily to the firm to act in the firm’s best interests. Invariably, the fiduciary duties of directors to the firm include the duty to consider the interests of the firm’s shareholders. Both in the United States and in the European Union, directors' fiduciary duties are often discussed as a duty of care and a duty of loyalty. While its exact formulation varies in different jurisdictions, the duty of care addresses the standard by which directors conduct business operations and activities. On the other hand, the duty of loyalty addresses conflicts of interest between a director and the firm. The chapter then examines the mechanisms for enforcing fiduciary duties.
Expropriation in Investment Treaty Arbitration
Authors: Cox Johanne M 
Published: August 2024

Abstract
In recent years, there has been a marked increase in the number of investors seeking compensation from states perceived to have expropriated their projects. Part of the Oxford International Arbitration Series, this book provides a comprehensive guide to expropriation and how it is applied in practice. The book begins by introducing the law of expropriation from a historical standpoint, charting some of the key decisions in the history of expropriation and how it has evolved to become an accepted principle in international law today. It then proceeds to offer a detailed examination of existing case law, from which common substantive principles of the international law on expropriation are drawn out. Relevant international cases from the ICJ, ECHR, Iran–US Tribunal, ICSID, NAFTA, and the ECT are considered to complement the focus on investment treaty arbitration. The book also examines the interplay between expropriation and other standards of treaty protection, namely fair and equitable treatment. The final chapters comment on current trends and assess the relevance of expropriation in the present day.
Rights and Interests Protected Under Investment Treaties
Authors: Cox Johanne M 
Published: August 2024

Abstract
This chapter examines which rights and interests are protected as investments under investment treaties in the context of expropriation. It first considers the meaning of investment, taking into account the definitions given by investment treaties. Many bilateral investment treaties (BITs) identify a non-exhaustive list of assets that may comprise an investment, such as shares, stock, and other forms of equity participation in an enterprise; bonds, debentures, other debt instruments, and loans; futures, options, and other derivatives; and intellectual property rights. The NAFTA contains an exhaustive definition or what constitutes and does not constitute an investment. The chapter proceeds by discussing the relevance of property rights in national law, the test used in ICSID arbitrations to define investment, and the question of whether separate assets may be regarded as a single investment. Finally, it tackles the issue of whether goodwill and market share constitute an investment.
Methods of Valuation
Authors: Cox Johanne M 
Published: August 2024

Abstract
This chapter considers a variety of methods used in the valuation of damages in investment treaty arbitration. The method of calculating damages in investment treaty arbitration depends primarily on which of the alternative methods of valuation, either singularly or in combination, is deemed appropriate by the tribunal in a case. The valuation is also contingent upon the valuation date determined by the tribunal. There are two approaches for calculating damages in investment treaty arbitration: forward-looking methods and backward-looking methods. The chapter first explains forward-looking approaches, which include income-based models such as the discounted cashflow (DCF) method, and market-based models such as the ‘Quoted Market Price’ (QMP) approach. It then examines backward-looking approaches, which include asset-based models (liquidation valuation method, replacement value, book value method) and cost-based models. It also describes alternative methods of valuation adopted by arbitral tribunals and cites a number of cases relevant to valuation of damages.
Legal Aspects of Electronic Communication and Recording of Information
Authors: Goldby Miriam 
Published: August 2024

Abstract
This chapter discusses the legal aspects of electronic communication and recording of information. In recent decades, businesses have begun to harness electronic forms of communication in order to facilitate all aspects of commerce, including the bringing together of buyers and sellers, the negotiation of agreements, the formation of binding contracts, and the processing and settlement of transactions. In many jurisdictions, legislators have enacted laws aimed at facilitating the use of electronic communications for these purposes. However, the use of electronic communication methods adds a dimension of complexity to the legal relationship between parties. Issues relating to the point at which a binding contract is formed, as well as questions regarding authenticity, confidentiality, and security of communications, may arise. Questions may also arise as to whether, and to what extent, the persons sending and receiving electronic messages are bound by or liable for those messages.
A Guide to the IBA Rules on the Taking of Evidence in International Arbitration
Authors: Khodykin Roman , Mulcahy Carol 
Published: August 2024

Abstract
The IBA Rules on the Taking of Evidence in International Arbitration (the ‘Rules’) are widely used in international arbitration cases, regardless of the administering institution or the legal background of the parties. The updated Rules were adopted in 2010 and include mechanisms for the presentation of documents, witnesses of fact, and expert witnesses, as well as guidance on the conduct of evidentiary hearings, and the admissibility and assessment of evidence. They are widely accepted by the arbitration community and have become an international applicable standard. That said, the Rules are, at times, unclear and open to interpretation, leading to potential disputes or uncertainty as to how they should be applied in practice. This book provides a comprehensive, article-by-article commentary on the Rules, pulling together in one volume an in-depth analysis of the relevant case law, reports of the IBA working groups, academic authorities, and professional experience. The chapters offer practical guidance on issues that frequently arise in practice and provide a resource for practitioners seeking to advance or defend particular propositions. They also analyse how the Rules work in tandem with other applicable provisions and include templates and checklists that practitioners can use to support their daily practice.
Financial Regulation in the New World
Authors: Gleeson Simon 
Published: August 2024

Abstract
This chapter argues that although financial regulation touches almost every aspect of the financial industry, the one thing that it carefully avoids regulating is the use of money itself. The basis of financial regulation is permissioning, accompanied by some sort of prohibition of non-permissioned individuals engaging in the activities concerned. Since more or less everybody needs to use money on a regular basis, the use of money cannot be made a regulated activity. Thus, those items of virtual currency which are characterised as money will fall outside the scope of financial regulation altogether. However, the chapter points out that there are a number of different types of virtual currency unit, and these are by no means always clearly ‘money’ even for regulatory purposes.
The Implied Terms of Description, Fitness, and Quality
Authors: Bridge M G 
Published: August 2024

Abstract
This chapter deals with terms concerning the description, fitness, and quality of the contract goods that are implied by statute into the contract unless the parties have excluded them within the limits permitted by the law. An examination of the general law of contract shows that it is not easy to pin down the nature of implied contractual terms. Expressed as a simple dichotomy, they come in two different versions: first, terms agreed in fact by the parties that take two different forms. There are terms so obvious that they do not need to be stated or that the parties have not troubled to record in writing, and there are terms implied into contracts to give them a minimum of business efficacy. The second form consists of terms implied in law that may once have expressed the actual agreement of parties to contracts of a particular type but that have, under the weight of case law and inherited assumptions, become over time automatic accessories of particular contract types.
Unfair Contract Terms
Authors: Bridge M G 
Published: August 2024

Abstract
This chapter deals with the exclusion or limitation of duties owed by a seller to a buyer under or in connection with a contract of sale. The duties may be those imposed by the implied terms of title, description, fitness for purpose, satisfactory quality, and correspondence to sample, as well as by the contract itself in relation to matters such as the amount and time of delivery. There are also duties imposed on the seller by operation of law, principally the duty of care in negligence, where the necessary degree of proximity is brought about between seller and buyer as a result of their entry into a contract of sale. A seller's attempt to exclude or limit its liability is subject to various controls existing at common law or under statute. In reviewing clauses, these controls have to be separately applied and the dividing line between them ought not to be blurred.
Permissible Tasks
Authors: Jensen J Ole 
Published: August 2024

Abstract
This chapter considers the question of which permissible tasks tribunal secretaries may carry out. The tasks that a tribunal secretary may perform depends on what tasks an arbitrator may delegate or receive support in. A distinction must be made between two general categories of tasks: non-essential arbitrator duties that can be delegated entirely and essential arbitrator duties, which under certain circumstances may be supported. Before coming up with a specific list of tasks for the tribunal secretary, the chapter examines the personal nature of the arbitrator's mandate. It then describes certain functions that the arbitrator may not give up and others in which he/she may legitimately be supported. It also proposes a framework that can be used to determine under which circumstances an arbitrator may delegate or seek support in specific duties, as well as the role tribunal secretaries may legitimately play in the discharge of the arbitrator's mandate.
Challenge of Secretaries and Arbitrators
Authors: Jensen J Ole 
Published: August 2024

Abstract
This chapter considers whether parties can challenge and remove arbitrators and tribunal secretaries who fail to show the requisite level of impartiality and independence in the course of the arbitration, along with all other required qualities. It first examines whether parties can challenge tribunal secretaries and reviews the statutory bases for such challenges before analysing under which conditions a challenge to a secretary will be successful. It then looks at the procedure to be followed by the challenging party and the different approaches used by the competent body (state court, arbitral tribunal, arbitral institution) to make a decision on the challenge. It also describes the different approaches regarding the legal effect of a challenge, the ways in which a tribunal secretary may be removed from the arbitration, and whether arbitrators can be challenged in connection with their use of tribunal secretaries.
Singapore Private International Law
Authors: Chong Adeline , Man Yip 
Published: August 2024

Abstract
There has been significant reform in Singapore private international law in recent years. Developments such as the establishment of the Singapore International Commercial Court, the incorporation of the Hague Convention on Choice of Court Agreements into Singapore law, and the enactment of the Insolvency, Restructuring and Dissolution Act 2018, have all thrown the country’s private international law rules into a burgeoning phase. This book provides a roadmap to assist readers in navigating this changing landscape. The book offers an overview of Singapore’s legal system, exploring how governmental and judicial efforts have capitalised on Singapore’s location at the heart of Asia, its status as a leading financial centre globally, and its modern infrastructure, to make it the hub of choice for cross-border disputes and insolvency and restructuring efforts. Practical guidance is given to matters such as changes to the rules on jurisdiction, protective measures, the recognition and enforcement of foreign judgments, general choice of law issues, and issues specific to contract, tort, unjust enrichment, equitable obligations, trusts, property, corporations, and international insolvency and corporate restructuring. The book also looks at how the English common law principles have been implemented and developed in Singapore, with relevant cases, legislation, and foreign sources used to offer a comparative perspective.