bluuebunny/crossref_metadata_2025_split huggingface dataset:
Bank Recovery and Resolution Directive (BRRD)
Authors: Putnis Jan , Hurn Chris 
Published: August 2024

Abstract
This chapter looks at the BRRD. The UK recovery and resolution regime is set out primarily in the Banking Act 2009. At an EU level, recovery and resolution tools are set out in the BRRD and its associated delegated acts, technical standards, and guidelines, a significant portion of which is directly effective in the UK. Brexit may have a profound impact on the tools available to UK and EU regulators and resolution authorities relating to the recovery and resolution of failing banks, building societies, and systemically important investment firms. Under legislation made by the UK government under the European Union (Withdrawal) Act 2018, once the UK leaves the EU, the legal and regulatory framework that provides for the UK recovery and resolution regime will operate independently of the equivalent EEA framework.
European Markets Infrastructure Regulation (EMIR) and Euro Clearing
Authors: Penn Bob 
Published: August 2024

Abstract
This chapter assesses some implications of Brexit for those classes of market participant and activity regulated under the EMIR. EMIR is an EU regulation which seeks to establish a framework throughout the EU for the regulation of derivatives trading and post-trade activities. It primarily affects three classes of market participant: persons dealing in derivatives (counterparties); trade repositories; and central counterparties. As the mere incorporation of EU regulations into UK law would not create a workable framework for the UK regulation of derivatives markets post-Brexit, UK law provides for the incorporation of EMIR into UK law and a number of consequential changes to make onshored EMIR operate effectively. The chapter summarises the major policy decisions that inform the onshoring process and highlights the material changes to the EMIR framework, and transitional relief to mitigate the impact of those changes, on and after Brexit.
Introduction to Prudential Regulation
Authors: Morris Charles H R 
Published: August 2024

Abstract
This chapter describes the basic principles of prudential regulation. There is no fixed meaning for the term ‘prudential regulation’. One could define it as a system of laws and regulations aimed at reducing the risk of, and mitigating the consequences of, the failure of financial services firms. More specifically, this book uses the term as a convenient shorthand to refer just to capital adequacy and liquidity requirements, limitations on large exposures, and requirements relating to the supervision and disclosure of the foregoing—although many people would use the term to encompass other regulatory requirements. The chapter then considers the application of prudential regulation to individual entities within groups, with particular focus on bank capital adequacy requirements, or regulatory capital.
Mutual Restitution: Rescission in Equity
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter explores mutual restitution which primarily occurs when a transaction is set aside in equity. It considers the restitution of benefits conferred by the party who rescinds and the obligation of that party who can make counter-restitution for benefits that they received under the transaction. Property, money, and services are treated separately. Meanwhile, principles governing mutual restitution when rescission in equity follows an election to disaffirm due to uncertainties. The chapter then highlights interest, rent, dividend, and other benefits representing the time value of assets, compensation for deterioration, indemnity, and financial adjustments. It also covers equitable rescission through the election in terms of restitution and counter-restitution.
Restitutio in Integrum Impossible
Authors: O’Sullivan Dominic 
Published: August 2024

Abstract
This chapter assesses the impossibility of restitutio in integrum concerning an election to rescind or a claim seeking rescission. It explains restitutio in integrum’s requirement for the party seeking rescission to put those against whom it is asked in the same situation in which they stood when the contract was entered. Unless restitutio in integrum is truly impossible, the Court of Appeal emphasised that rescission should be the normal remedy for misrepresentation. The chapter also highlights the purpose of the bar, which is applied where the circumstances have irreversibly changed since the contract was made. It explains how rescission could be barred when counter-restitution is impossible and other circumstances have irreversibly changed that the defendant would be unjustifiably prejudiced.
Emergency Relief and Interim Measures of Protection (Articles 23 and 24, Schedule 4)
Authors: Moser Michael , Bao Chiann 
Published: August 2024

Abstract
Chapter 8 deals with all aspects of interim measures of protection under the HKIAC Rules, including a commentary on the emergency arbitrator provisions (Article 23.1 and Schedule 4), interim relief from an arbitral tribunal (Articles 23. 2–23.8), interim relief from a competent authority (Article 23.9), and security for costs (Article 24).
The ‘Applicable Law’
Authors: McParland Michael 
Published: August 2024

Abstract
The Rome I Regulation contains rules that specify the ‘applicable law’ for determining the rights and duties of parties to the majority of contractual obligations in civil and commercial matters in situations that involve a conflict of laws. Only the law of ‘a country’ can qualify as an ‘applicable law’ to be applied under any provisions of the Rome I Regulation. This chapter discusses provisions for states with more than one legal system; universal application; the exclusion of renvoi; the use of non-state law; Recitals (13) and (14) to the Regulation; and practical consequences of excluding non-state law.
Specific Exclusions
Authors: McParland Michael 
Published: August 2024

Abstract
This chapter explains Article 1(2) of the Rome I Regulation, which sets out specific exclusions from the scope of this Regulation. These include exclusions involving the status or legal capacity of natural persons; family and comparable relationships; matrimonial and comparable property regimes; wills and succession; negotiable instruments; arbitration and choice of court agreements; questions governed by the law of companies and other bodies; certain questions of agency; the constitution of trusts and the relationship between settlors, trustees, and beneficiaries; pre-contractual dealings; and certain insurance contracts.
Consent, Validity, and Incapacity
Authors: McParland Michael 
Published: August 2024

Abstract
This chapter explains Articles 10, 11, and 13 of the Rome I Regulation. Article 10 contains two rules that essentially identical to those in Article 8 of the Rome Convention. The only changes are matters of form rather than substance. Article 11 contains rules that select the laws that determine the ‘formal validity’ of contracts and unilateral acts intended to have legal effect relating to a concluded, existing or contemplated contract. Article 13 provides a conflict-of-laws rule limited to one particular circumstance: a claim by a natural person who has concluded a contract in one country, that they lacked capacity under the laws of another country.
The Scope of the Law Applicable
Authors: McParland Michael 
Published: August 2024

Abstract
This chapter explains Article 12 of the Rome I Regulation. Article 12 provides that the law applicable to a contract by virtue of this Regulation shall govern in particular: (a) interpretation; (b) performance; (c) within the limits of the powers conferred on the court by its procedural law, the consequences of a total or partial breach of obligations, including the assessment of damages in so far as it is governed by rules of law; (d) the various ways of extinguishing obligations, and prescription and limitation of actions; and (e) the consequences of nullity of the contract.
The Procedure before the EU Commission
Authors: Jörgens Konstantin , Kellerbauer Manuel 
Published: August 2024

Abstract
The chapter deals with the various stages of a cartel procedure: the preliminary investigative phase and the inter partes stage, which takes place after the issuance of a statement of objections up to the adoption of a decision (which may impose fines). Key issues are requests for information, the initiation of proceedings, state-of-play meetings, the statement of objections, and the access to file, the relevance of the Transparency Regulation to gain access to documents, and the oral hearing. It also addresses settlement procedure. Konstantin Jörgens (Garrigues, Madrid) addresses these topics from the perspective of the private practitioner and Manuel Kellerbauer (Legal Service, European Commission) from the perspective of the pubic enforcer. He focuses on the role of the rights of defence at the different stages of the procedure, the right to access the file, and the right to obtain evidence that is not in the Commission’s possession.
The Administrative Enforcement Regime
Authors: Brown Christopher , Robinson James , Woodward-Carlton Julia 
Published: August 2024

Abstract
This chapter analyses the important structural and procedural reforms to the administrative regime for the enforcement of competition law made by the Enterprise and Regulatory Reform Act 2013 (ERRA). It discusses the principal areas of criticism of the status quo ante before describing the changes that have been made, considering first the institutional reforms and then the amendments to the CMA’s investigatory and enforcement powers. It also sets out the changes made to the enforcement process and the CMA’s guidance on fines, leniency, and settlement; and considers the challenges that arise where the CMA conducts parallel civil and criminal investigations. The chapter analyses the likely impact of the reforms and the areas of potential controversy.
Inland Waterways
Authors: Rodríguez Elvira Aliende , Vandenbussche Julie , Rusche Tim Maxian 
Published: August 2024

Abstract
Inland waterway transport plays a significant role in the transport of goods within the European Union. The European Union waterway network comprises more than 37,000 kilometres of waterways and connects hundreds of cities and industrial regions. Of Member States, twenty-one out of twenty-eight have inland waterways. Chapter 11 sets out both the regulatory framework for transport by inland waterways and the application of the competition rules to this subsector. It describes the context in which this specific transport mode operates, and lists some of the programmes to support restructuring and innovation. The regulatory framework deals with market access, chartering, and pricing, in addition to the profession of boatmaster and specifics about dangerous goods transport. The body of competition cases is less elaborate than in other transport modes, and it focuses on issues relevant to the modernization of the sector.
Modelling the redshift-space cluster–galaxy correlation function on Mpc scales with emulation of the pairwise velocity distribution
Authors: Robertson Andrew , Huff Eric , Markovič Katarina , Li Baojiu 
Published: August 2024

ABSTRACT
We present a method for modelling the cluster–galaxy correlation function in redshift space, down to $\sim$ Mpc scales. The method builds upon the so-called galaxy infall kinematics (GIK) model, a parametric model for the pairwise velocities of galaxies with respect to nearby galaxy clusters. We fit the parameters of the GIK model to a suite of simulations run with different cosmologies, and use Gaussian processes to emulate how the GIK parameters depend upon cosmology. This emulator can then be combined with knowledge of the real-space clustering of clusters and galaxies, to predict the cluster–galaxy correlation function in redshift space, $\xi _\mathrm{cg}^s$. Fitting this model to an observed $\xi _\mathrm{cg}^s$ enables the extraction of cosmological parameter constraints, and we present forecasts for a survey like that currently being done by the Dark Energy Spectroscopic Instrument (DESI). We also perform tests of the robustness of our constraints from fitting to mock data extracted from N-body simulations, finding that fitting to scales $\lesssim 3 \, h^{-1}\, \mathrm{Mpc}$ leads to a biased inference on cosmology, due to model mis-specification on these scales. Finally, we discuss what steps will need to be taken in order to apply our method to real data.
Counter-rotation and slow precession in aligned eccentric nuclear discs due to gravitational wave recoil kicks
Authors: Bright Jane C , Akiba Tatsuya , Madigan Ann-Marie 
Published: August 2024

ABSTRACT
The M31 nucleus contains a supermassive black hole embedded in a massive stellar disc of apsidally aligned eccentric orbits. It has recently been shown that this disc is slowly precessing at a rate consistent with zero. Here, we demonstrate using N-body methods that apsidally aligned eccentric discs can form with a significant ($\sim$0.5) fraction of orbits counter-rotating as the result of a gravitational wave recoil kick of merging supermassive black holes. Higher amplitude kicks map to a larger retrograde fraction in the surrounding stellar population, which in turn results in slow precession. We furthermore show that discs with significant counter-rotation are more stable (i.e. apsidal alignment is most pronounced and long lasting), more eccentric, and have the highest rates of stars entering the black hole’s tidal disruption radius.
The Rhythm of Early Hindi Poetry as Reflected in the Piṅgala Literature
Authors: Nagasaki Hiroko 
Published: August 2024

Abstract
The Hindi treatises on prosody, called piṅgala, originated from the Sanskrit and Prakrit-Apabhraṁśa literary traditions. These texts emerged in the sixteenth century as supplementary works within the vernacular courtly kāvya literature of the Mughal era. Rooted in mora-syllabic metres in Sanskrit and Prakrit-Apabhraṁśa moraic metres, they were influenced by musical tāla. Piṅgalas were authored by court poets, reflecting the longstanding tradition of prosody studies in north Indian courtly culture since the sixteenth century, coinciding with Mughal empire’s expansion in north India, and the rise of bhakti movement in Braj. These poet-scholars likely served as experts on prosody for kings and poets. Although the piṅgalas do not explicitly mention changing rhythmic preferences, a prosodic shift occurred during that period with the convergence of the Perso-Arabic and Hindi metrical rhythms. For instance, native syllabic metres like kavitta and savaiyā gained popularity due to their compatibility with Persian metre.
Music for Hunting
Authors: Williams Richard David 
Published: August 2024

Abstract
This chapter explores early modern understandings about the relationship between music, sound, and nature by examining the place of music in Rajput hunting practices, and imagery relating to animals and the forest in musicological literature and poetry. Examining poetic and visual materials relating to deer and musical entrapment, it considers theories of the sonic expression of power and mastery. It then brings images of the hunt into conversation with depictions of hunting, the wilderness, and tribal communities in musical iconography, taking rāginī Āsāvarī as a case study. Retracing the romanticization of tribal women in the Rajput imaginary, it suggests that attending to the relationship between courtly music and courtly hunting sheds light on both aesthetics and social history.
The Ninth Tale
Authors: Bitel Lisa M. 
Published: August 2024

Abstract
If the Courtship of Étaín shows us that love can outlast life, and the tale of Derb Forgaill warns of passion’s perils, this story is about the consequences of a successful courtship. It may seem like yet another amorous adventure of the dazzling Cú Chulainn, but the tale also asks questions about the hero. Can a real hero ever be true to one woman, or must he endlessly enthrall new women to maintain his reputation? The Cú betrayed Emer time and again. Surely she could have found someone more loyal, if less epic, than Cú Chulainn to love. Still, many medieval love stories end with nothing but a shallow promise or a woman’s abandonment, or sometimes, dead bodies. This tale shows us what happens after a successful courtship: marriage.
You Can’t Handle the Truth
Authors: Keating Malcolm 
Published: August 2024

Abstract
Turning to how ways of knowing inform debates with other people, this chapter focuses on the distinction between three kinds of debate in Nyāya. These are discussion, disputation, and wrangling. While discussion is truth-seeking, the other two kinds of debate focus on winning and allow tricky forms of engagement that are discussed in later chapters as well as the counterfeit inferences already introduced. The ethical and cognitive nature of a good debater, a discussant, is a theme of this chapter as is an understanding of the social structure of Indian debates and the purpose of these conventions. A final topic is the question of whether it is ever permissible to intentionally use fallacies, such as when the opponent is arguing for something morally odious.
Bob Dylan
Authors: Green Jeffrey Edward 
Published: August 2024

Abstract
One of the first book-length works on Bob Dylan from a philosophical perspective, Bob Dylan: Prophet Without God defends the idea of Dylan as a modern-day prophet, albeit one of an unusual, almost unprecedented type. Dylan speaks to the ideals that have animated earlier prophets—social justice, individual freedom, and adherence to God—but breaks from tradition in continually insisting on the conflicts between these ideals, leading him to make novel and important contributions to the meaning of self-reliance, the quest for rapprochement between the religious and non-religious, and the question of how ordinary people might operate in a fallen political world. The book aspires to an overarching account of why Dylan fascinates, even as it also explains why he will remain mysterious and elusive. Bob Dylan: Prophet Without God places Dylan into conversation with a wide array of historical and contemporary intellectual figures to highlight the originality and significance of Dylan’s political, religious, and ethical ideas.
A Rebel Rebelling against the Rebellion
Authors: Green Jeffrey Edward 
Published: August 2024

Abstract
Part I examines the conflict between individual freedom and justice. Although Dylan was hailed in the 1960s as an inspirer of social justice movements and an icon of self-reliant individuality, his most distinct prophetic gesture in this period was to testify, at the very height of the civil rights movement, that for him these two ends—devotion to social justice and devotion to the free use of individuality—are in insoluble conflict, with one coming at the expense of the other. Dylan does not ultimately teach whether to choose individual freedom or social justice, but he does inspire those who themselves embody this conflict—the bourgeois—to achieve self-consciousness and to practice self-reliance without the self-satisfaction, triumphalism, and complacency that typically have accompanied it. In establishing Dylan’s distinctiveness in this regard, Part I differentiates Dylan’s approach from other thinkers of self-reliance (Emerson and Thoreau), from activists such as Martin Luther King Jr., and from the radical folk tradition Dylan inherited.
Liberalism and Co-operatives
Authors: Spicer Jason S. 
Published: August 2024

AbstractIn examining New Zealand’s co-operatives, Chapter 5 exposes their uneasy relationship with economic liberalism. Here, co-operatives and a strong state enterprise sector sprang up together in an institutional void created by the nation’s distance and remoteness. Unlike in the United States, here the Knights of Labor were successful in creating a strong welfare state and a system of state-led socialism, which prevailed until the 1980s, when New Zealand became an LME in a late-breaking, left-led liberalization. New Zealand’s co-operatives then evolved to survive, by organizing to play a key role in managing the nation’s remoteness. They also serve a geopolitical role, rooting economic ownership and control domestically, reducing firms’ acquisition threat from larger neighbors. For comparative purposes, New Zealand is a critical case, one which shows that liberalism alone cannot explain why co-operatives have failed to achieve lasting prominence in the United States.
Conclusions of a Chrononaut
Authors: Spicer Jason S. 
Published: August 2024

AbstractChapter 8 offers academic and practical conclusions. For social scientists, it identifies three ways field theory can address historical institutionalism’s limits, and shows how a field theory treatment of co-operatives’ development suggests firm-type mix is a key underconsidered explanation for international variation in economic structure. The co-operative case also demonstrates how geography and race can more generally be incorporated in institutional and field-level analysis of the economy. For practitioners, the chapter affirms that development paths can be substantively influenced by their actions. They may need to frame, message, and organize around co-operative policy change in a way which directly speaks to the underlying structural problems that yielded their challenges to begin with. In the United States, that may mean explicit messaging around the historically dividing role race and racism have played within the co-operative movement, and incorporating these considerations into economic organizing, coalition-building, and policy reform.
Don’t Be a Troll
Authors: Sánchez Carlos Alberto 
Published: August 2024

Abstract
In this chapter I consider Samuel Ramos’ proposal that Mexican culture suffers from a collective inferiority complex. I think with Ramos about what it means to feel inferior and how this inferiority is manifested in everyday life. I frame the discussion around the phenomenon of “trolling,” popular in online spaces, tying such behavior to the complex analyzed by Ramos. According to Ramos, the inferiority complex so prevalent in Mexicans—inferiority with respect to those from other cultures but also to many from their own—was directly tied to colonialism and imperialism. We argue that inferiority can be countered only with a raising of consciousness and an attempt to overcome it with self-expression and self-affirmation.
Human or Alien
Authors: Bainbridge Danielle 
Published: August 2024

Abstract
This chapter considers the story of young Black albino brothers Willie and George Muse, born to sharecroppers outside of Roanoke, Virginia, in the late nineteenth century, and taken by white men purporting to be from the circus who profited by exhibiting them for decades as side show and freak show performers. The chapter focuses on their exhibition as “Ambassadors from Mars” and their marketing as “alien” subjects as an attempt by the proprietors of their shows to divorce them from the category of the human. The chapter questions how and why the appearance of Black albinism continues to translate into alien or otherworldly characteristics, even in twenty-first century depictions. The chapter contrasts this story to the 2014 short film The Afronauts by the Ghanaian filmmaker Nuotama Bodomo.
Alexandrine
Authors: Bogdan Robert 
Published: August 2024

Abstract
Through a diverse series of photographs, this chapter looks at the life of Princess Alexandrine Irene of Prussia (1915–1980), called “Adini,” who had Down syndrome. The chapter contrasts the life of this princess to the historical prejudice and isolation a person with a developmental disability might experience even though, and perhaps even because, they were born into a family of great wealth and status. The surprising case of this princess brings to light a forgotten history that allows the author to consider other representations of individuals with developmental disabilities.