bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: AVGOULEAS EMILIOS 
Published: January 2010

Abstract
The history of financial markets is full of epic gains and colossal catastrophes that leave devastating financial hardship behind. Market abuse is one of the main causes of such market anomalies and of large-scale frauds. This book examines the mechanics of insider dealing and market manipulation and the rationales underlying their regulation. The book uses traditional legal analysis in the discussion of legal and regulatory rules dealing with market abuse. At the same time, it employs some of the assumptions of economic analysis to evaluate the effectiveness of market abuse regulations in the United Kingdom and the rest of the European Union (EU). The advent of the new European Community regulation for financial markets enables the researcher to deal with the EU regime for market abuse in a unitary fashion without engaging in a detailed study of applicable rules in each Member State.
The Regulation of Market Abuse
Authors: AVGOULEAS EMILIOS 
Published: January 2010

Abstract
This chapter examines the rationales for the regulation (prohibition) of insider dealing and market manipulation and the regulatory tools used to achieve this objective. In this context, the discussion is concentrated on the welfare effects of two sets of legal and regulatory rules that protect the integrity of the marketplace and deter or punish market abuse. The first set mainly comprises mandatory disclosure and market transparency rules, while the second set comprises the so-called market conduct rules, which regulate market manipulation and insider dealing. Market conduct rules extend over a continuum that encompasses, on the one hand, exchange trading rules, and on the other, criminal and regulatory prohibitions of insider dealing and market manipulation, with rules that govern the integrity of financial promotions and the proper management or the avoidance of conflicts of interest by investment intermediaries.
The Prohibition and Punishment of Market Abuse in the UK
Authors: AVGOULEAS EMILIOS 
Published: January 2010

Abstract
This chapter discusses the legal and regulatory framework dealing with market abuse in the UK. The UK’s market abuse regime has a dual nature and is based both on criminal law and regulatory prohibitions, which overlap to a considerable degree. The regulatory regime dealing with market abuse was introduced by the Financial Services and Markets Act 2000 (FSMA 2000), which provided for a regulatory offence of market abuse. FSMA 2000 came into effect on December 1, 2001; the FSMA 2000 market abuse regime was substantially remodelled in July 2005 following the adoption of the Treasury’s Market Abuse and Investment Recommendation (Media) Regulations and attendant changes to the FSA’s Handbook, which implemented in the UK the EC Market Abuse Directive and its Level 2 Implementing Measures. This reform has left largely unchanged the UK’s criminal regime for insider dealing and market manipulation, based respectively on Part V of the Criminal Justice Act 1993 and section 397 of FSMA 2000.
Civil Liability for Market Abuse in the UK
Authors: AVGOULEAS EMILIOS 
Published: January 2010

Abstract
This chapter discusses investor remedies for insider dealing and market manipulation under UK statutory law, at common law, and in equity. It is customary to include under the heading of civil liability all forms of liability outside the ambit of criminal law. Civil liability describes the various means of civil redress which are available to investors in the UK and which may be exercised directly by them. Relevant means of redress include statutory actions for compensation, restitution, and contract annulment; petitions to the Financial Services Ombudsman Scheme, which has, inter alia, the power to grant monetary awards; and common law actions in damages, equitable claims for breach of fiduciary duties, and restitutionary remedies. The chapter examines the civil liability framework that deals with market abuse in the UK and identifies its inadequacies with respect to the availability and scope of investor remedies; an enforcement loophole, which inevitably prejudices the effectiveness of the relevant deterrence mechanisms.
Sterne and the ‘New Species of Writing’
Authors: Keymer Thomas 
Published: January 2010

Abstract
Of the plurality of discourses and traditions that bump up against one another in Tristram Shandy, two have dominated attempts to make generic and hence interpretative sense of Sterne's richly heteroglot text. One strain of criticism reads Tristram Shandy as a belated exercise in Renaissance learned-wit; the other as a parody or deconstruction of representational conventions in the modern novel. Each identity, all too often, is presented as exclusive of the other. Yet to acknowledge the prominence of the learned-wit tradition in Sterne's writing need not be to deny the deliberacy of its engagement with newer forms. Instead, we may find a cornucopia of textual relations in which Menippean satire and metafictional self-consciousness coexist and unfold themselves in different intertextual modes, and display, as they do so, a hybridization of traditions and genres that in itself is typically novelistic. Sterne's satirical mode is characteristically determinate, involving necessary connections with specific precursors named, quoted, or otherwise verbally indicated in the text. His novelistic mode is characteristically aleatory, gesturing towards a plurality of potential intertexts through its play on terms, tropes, or conventions that all of them hold in common, but necessarily specifying no single one.
The Practice and Poetics of Serial Fiction
Authors: Keymer Thomas 
Published: January 2010

Abstract
No less significant than Sterne's experiments with the material resources of print technology were his use of, and play on, a commercial innovation that had been fuelling book-trade expansion since the 1730s: serial publication. The protracted and erratic accumulation of Tristram Shandy's original volumes, and the protracted and interrupted experience of its original readers, have major interpretative implications. Through the mechanism of serialization, Sterne engineered something we need to view more as an unstable process than as a static product, and one that renders open and active many of the themes that dominate modern interpretations: the resistance of memory and ongoing experience to textual capture; the human consciousness of time, and the manipulation of time in narrative; the prolonged drama of digressive writing and progressive disease in which Tristram fails to record his life in the past while watching it waste in the present. In this context it becomes possible to see Tristram Shandy not as a parody of 19th-century realism, as Viktor Shklovsky famously suggests, but as a parody of Victorian serial fiction, and of the organizational, temporal, and commercial dilemmas in which it entangled its exponents. The point is epitomized by the experience of George Eliot during the writing of Middlemarch, when she looked incongruously back to Tristram Shandy for an ideal of creative autonomy that eluded her in practice.
Constitutive Citizenship versus Constitutional Rights: Republican Reflections on the EU Charter and the Human Rights Act
Authors: Bellamy Richard 
Published: January 2010

Abstract
Instead of constitutions being seen as establishing a just foundation and framework for politics, they have to be conceived as institutional mechanisms for preserving the civic freedom of citizens to negotiate different views of rights and justice and reach collective agreements that avoid mutual domination. This political view of constitutionalism is related to republicanism. This chapter explores the constitutive function of citizenship and investigates the norms generated by practical exercises of citizenship and their relationship to the standard packages of citizen rights. The struggles over citizenship find their constitutional rationale within a neo-republican view of politics. This neo-rcpublican analysis is applied to the European Union and the United Kingdom, particularly the latter's Human Rights Act 1998. Both are shown to be contested polities which have begun to develop political structures that can be harnessed to the republican scheme of promoting constitutive citizenship practices that foster and promote civic freedom. In each case, attempts to implement a rights-based constitutionalism risk undermining progress in this direction in ways that threaten the legitimacy and hence stability of the resulting settlement.
Tort Law and the Human Rights Act
Authors: Gearty Conor 
Published: January 2010

Abstract
In the United Kingdom, the judges have long been engaged in the discharge of functions of a legislative as well as of a judicial character. Indeed, the responsibility of the English judges for the formulation and development of the common law predates both the establishment of Britain in its present form and the entrenchment of a democratic form of government within the nation's borders. In the 20th century, the ‘evolution’ of the tort of negligence alone saw a great expansion in the liability of property owners, public officials, and others for actions and/or omissions that could be retrospectively characterised as negligent by the courts. This chapter discusses the provisions of the Human Rights Act 1998 and the European Convention on Human Rights which, when viewed together with the Strasbourg case law, demonstrate why it is likely that the Act will have such a large impact on tort law. Some obstacles that lie in the way of a coherent reception of the Human Rights Act into UK law are also considered.
Minority Protection and Human Rights
Authors: Malik Maleiha 
Published: January 2010

Abstract
Adopting a sceptical approach to human rights from the perspective of protection of minorities seems to be a daunting task. Many contemporary national, regional, and international human rights documents were adopted as a response to the horrors of the Holocaust in Europe which required a response. Moreover, as a post-war human rights document which was introduced as a reaction to the atrocities of World War II, minority protection can be seen to be the justification for the creation of the European Convention on Human Rights (ECHR). More recently, thc calls for incorporation of the ECHR have explicitly cited its role in protecting minorities as one of its main virtues. Not surprisingly, it is a common and stubborn assumption that judicially enforced human rights should be the main focus for minority protection, and that the ECHR provides a blueprint for such a strategy. The assumption, however, fails to capture the more complex relationship between minority protection and judicially enforced human rights. This chapter examines the Human Rights Act 1998 of the United Kingdom, procedural liberalism, and participatory democracy.
Rights-Based Constitutional Review in Central and Eastern Europe
Authors: Sadurski Wojciech 
Published: January 2010

Abstract
The post-communist states of Central and Eastern Europe have embraced, almost without reservation, the power of constitutional courts to strike down legislation under constitutional charters of rights. While there have been occasional public expressions of dissatisfaction with this or that major decision, the legitimacy of the constitutional tribunals to replace the legislators' understanding of constitutional rights with its own has gone virtually unchallenged. There are two plausible reasons for this uncritical acceptance of robust, activist, rights-based judicial review in the countries undergoing transition from communist to democratic rule. First, the general acceptance tracks the comparatively high social prestige of constitutional courts in these societies as a whole. The second reason has less to do with general public opinion than with the participants in constitutional discourse (constitutional scholars and judges) themselves. This chapter discusses the model of constitutional review in post-communist states, record of constitutional courts in the field of rights, and judicial activism of rights-based judicial review.
The Effect of a Statutory Bill of Rights where Parliament is Sovereign: The Lesson from New Zealand
Authors: Allan James 
Published: January 2010

Abstract
This chapter examines the first decade of operation of the statutory New Zealand Bill of Rights Act 1990 and the extent to which there have been any judicial moves to ‘upgrade’ it, to make it a more potent instrument than the enactors seemed to intend. Next, and related to these concerns, is the issue of certainty and the degree to which Bill of Rights Act jurisprudence in New Zealand can be said to be settled. There is the further but connected issue of the degree of discretion the judges have given themselves (in that case law) when it comes to applying the Bill of Rights Act. The likely role and powers of unelected judges called upon to operate, apply, and interpret a statutory Bill of Rights Act are also considered. The Bill of Rights gives judges power to strike down legislation and decide controversial questions of social policy over which sincere, intelligent, well-meaning people disagree.
The Australian Free Speech Experiment and Scepticism about the UK Human Rights Act
Authors: Stone Adrienne 
Published: January 2010

Abstract
Australia might seem an unusual place to turn for a perspective on the likely operation of the Human Rights Act 1998 of the United Kingdom. There is no comprehensive Bill of Rights (statutory or constitutional) in Australia and there appears to be no prospect of the adoption of one in the foreseeable future. Nonetheless, Australia's recent constitutional history is marked by a period of rights-conscious constitutional interpretation during which the High Court of Australia went some way to filling the gap left by the constitutional reform process, reinvigorating its interpretation of the common law and the constitution. Most significant is the development of a limited kind of free speech right known as the freedom of political communication. This chapter examines the nine-year history of the freedom of political communication in Australia. That history demonstrates the depth of the challenge presented to courts by entrenched rights. It shows just how quickly courts will be faced with difficult choices between competing visions of rights, and thus with the challenge of defining the values on which any particular right relies.
Syntax and Morphology are Different: Commentary on Jonas
Authors: Anderson Stephen R. 
Published: January 2010

Abstract
This chapter presents a commentary on Chapter 14. It comments on the implausibly ‘legalistic’ correlations in the literature, whereby grammars are said to have V-to-I raising if verbal paradigms distinguish first from second person in at least one tense, or if person morphology is found in all tenses. Under this view, morphology drives syntax, but the driving force is not the morphology of individual verbs but a property of the whole paradigm. The chapter accepts conclusions that the presence of the V-to-I operation does not correlate with morphological distinctions, and emphasizes that syntacticians cannot expect morphology to indicate syntactic structure in some isomorphic fashion.
VO or OV? That’s the Underlying Question: Commentary on Pintzuk
Authors: Nunes Jairo 
Published: January 2010

Abstract
This chapter presents a commentary on Chapter 16, which argues for analyzing Old English in terms of the directionality parameter rather than in terms of Kayne's universal Spec-head-complement order hypothesis. The chapter is organized as follows. Section 17.1 discusses the claim that case morphology plays no role in the change from OV to VO in the history of English. Section 17.2 examines whether some adjacency asymmetries between head-complement and complement-head orders can tease apart two competing approaches. Section 17.3 considers the correlation between certain word-order patterns and scrambling, and suggests a way to derive it under a Kaynean approach. Section 17.4 concludes the chapter.
Introduction
Authors: GRIMMER-SOLEM ERIK 
Published: January 2010

Abstract
This introductory chapter begins with a discussion of one of the most important heterodox variants of economics, the so-called ‘Historical School’ and the emergence of a ‘younger Historical School’ in Germany between 1860 and 1890. It discusses studies on the impact of statistics and historical economics on empirical social research and the emergence of sociology, and the influence of the ‘Historical School’ on American academic disciplines and the social question as a methodological and epistemological problem in German social science The chapter also considers relevance of Gustav Schmoller and historical economics to the history of Imperial Germany. An overview of the subsequent chapters is presented.
From Science of Reform to the Reform of Social Science: The Methodenstreit
Authors: GRIMMER-SOLEM ERIK 
Published: January 2010

Abstract
This chapter investigates how the historical economists' commitment to social reform led to the famous Metodenstreit (dispute over methods) between Schmoller and the Austrian economist Carl Menger. It traces and evaluates their relationship from the early 1870s, placing this dispute within the context of academic professionalization and the rise of social reform in Austria between 1870 and 1894.
The Practice of Principle
Authors: Coleman Jules 
Published: January 2010

Abstract
This book expands the argument introduced in the Clarendon Lectures in Law presented at Oxford University in the fall of 1998. It introduces and attempts to sustain two different kinds of arguments; the aim is not only to defend a range of views of substantive issues in legal theory, but also to vindicate by example a certain methodological approach to such issues — an approach whose fundamental commitments are those of philosophical pragmatism. The book advances three main theses. Part I defends the view that the core of tort law is best understood as embodying the principle of corrective justice. Part II defends a version of inclusive legal positivism. Part III defends what has been called ‘descriptive jurisprudence’.
Lecture Two— Bilateralism
Authors: COLEMAN JULES L. 
Published: January 2010

Abstract
This chapter argues that economic analysis is unsatisfactory as conceptual analysis. It defends a certain form of conceptual explanation of tort law, which takes the form of showing how a certain principle — the principle of corrective justice — is embodied in tort law. It also offers a variety of reasons for rejecting the economic analysis. It argues that there is a significant gap between the goals or functions that a social practice may happen to serve, and the goals, functions, and other features that constitute the nature of that practice and tell us what it is.
An Economic Analysis of Shared Property in Partnership and Close Corporations Law
Authors: ARMOUR JOHN , WHINCOP MICHAEL J. 
Published: January 2010

Abstract
This chapter describes the main functions of affirmative set partitioning and explains how changing proprietary entitlements can enhance efficiency. Section 3.2 describes how and why activities are organized in firms. Section 3.3 shows that factors such as wealth constraints, time and expertise constraints, and decision-making and risk-bearing costs mean that all the incidents of ownership of a firm's assets cannot be placed in one person's hands. Section 3.4 examines the differences between close corporations and partnership. Section 3.5 considers the implications of the analysis.
Bracketed Flexibility: Standards of Performance Level the Playing Field
Authors: DICKERSON CLAIRE MOORE 
Published: January 2010

Abstract
This chapter explores the role of fiduciary duties in limiting opportunism in closely held businesses. In a closely held firm, high standards of performance are believed to be necessary to constrain opportunism. Yet it is widely recognized that there has been considerable pressure in the US to de-emphasize standards of performance, such a fiduciary duty or heightened good faith, for unincorporated business forms. There is evidence of similar pressure in Europe. The main reason given for opposing standards of performance is that they impede the parties'ability to bargain freely. However, the standards are designed to level the playing field and thus enhance the possibility of meaningful bargaining. The standards accomplish this goal by being flexible and rising in relation to the transactor's power and conflict.
The Evolution of Closely Held Business Forms in Europe
Authors: McCAHERY JOSEPH A. , VERMEULEN ERIK P. M. 
Published: January 2010

Abstract
This chapter considers the possibility of making available new business forms in the EU based on the limited liability company (LLC), which could lead to an increase in the number of start-up firms as well as satisfying the contracting needs of a range of small and medium-sized enterprises (SMEs). It examines theoretical arguments about the importance of new organizational forms, inspired by the LLC, for entrepreneurs and SMEs. It shows how the development of an innovative business form such as the LLC can be expected to strengthen the company law regime of the state choosing to create the statutory innovation, thereby potentially inducing rival member states to supply similar sets of rules.
Taxation of Partnerships/Hybrid Entities
Authors: ESSERS PETER , MEUSSEN GERARD T. K. 
Published: January 2010

Abstract
This chapter examines the Dutch approach to partnerships and offers a critical evaluation of the tax treatment of the US limited liability company (LLC) in the Netherlands. Section 16.2 offers an overview of the fundamental conflicts involving tax treatment of partnerships. Section 16.3 analyzes initially UK and Dutch treatment in dealing with the tax position of foreign entities while Section 16.4 concludes.
Characteristics of Belle Époque Regionalism
Authors: WRIGHT JULIAN 
Published: January 2010

Abstract
The revision of common assumptions about Belle Époque regionalism in France depends on a detailed study of the thought and actions of Jean Charles-Brun and his closest allies. Many of the misconceptions about French regionalism are the result of misunderstandings, not about the subtlety of Charles-Brun's political philosophy, but about the fundamental elements of the movement and, in particular, the regionalists' aims. Before elaborating those aims in more detail, this chapter examine Charles-Brun's own life and career, including his failed candidature in the 1906 legislative elections, his support of the Alliance républicaine from 1908, his engagement at a philosophical level with the federalism of Pierre-Joseph Proudhon, or his complicated relationship with the Christian democratic movement in the 1890s. The personal qualities of Charles-Brun which made the greatest impression on the Fédération Régionaliste Française were his irony and his belief in reconciliation.
The Development of the Frf
Authors: WRIGHT JULIAN 
Published: January 2010

Abstract
Action was central to the ideas of the Belle Époque regionalists in France. The initial projects of the Fédération Régionaliste Française (FRF) exceeded Jean Charles-Brun's hopes. He declared in the Action régionaliste that the number of journals that had taken note of the congresses of 1900 and 1901 was impressive: judging this by the standard of his own experiences in the Sillon, the Cahiers occitans, or the Félibrige, Jean Charles-Brun was right. FRF had taken up the mantle of the existing campaign for decentralisation and provided a link between the different regionalist groups. Nevertheless, after the initial burst of enthusiasm the FRF had to find better practices and seek out new personnel. There were two phases of realignment when the regionalists, aware that they were in danger of lapsing into a bourgeois discussion group with little purchase on public opinion, attempted to push the movement forward with new vigour. One important critique of the FRF prior to World War I was led by the politician and future ambassador Jean Hennessy.