bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Court’s Jurisdiction Over Charities
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
At first instance, in Construction Industry Training Board v Attorney-General,2 Pennycuick V-C accepted that the second half of this definition was to some extent, perhaps primarily, directed to the issue of territorial jurisdiction, and considered that its purpose was to emphasize that the High Court does not have jurisdiction over a charitable corporation established in a foreign jurisdiction.
Advertising And Broadcast Appeals
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
This chapter examines the statutory and voluntary controls affecting charity appeals and charity advertising. It is necessary to consider separately advertisements and appeals which are broadcast on television or radio, and advertisements which appear in other forms, such as in newspapers, magazines and at the cinema. The former are subject to a number of statutory controls, whereas the latter (apart from the general law relating to fair trading) are regulated only by voluntary codes.
Introduction
Authors: Gunningham Neil , Johnstone Richard 
Published: November 2023

Abstract
Occupational health and safety (OHS) has re-emerged as a major issue on the social policy reform agenda internationally. In 1994, the British Government completed a major Review of Health and Safety Regulation, twenty years after the introduction of the Health and Safety at Work Act 1974. In the United States of America (USA), the Clinton Administration released 17ze New OHSA: Reinventing Worker Health and Safety, in 1995, as part of its broader ‘Reinventing Government’ initiative. In Australia, the Industry Commission published its compendious reports: Workers Compensation in Australia, and Work, Health and Safety, in 1994 and 1995 respectively. In Norway and Sweden, a new systems-based approach to regulation, known as ‘internal control (IC)’ was introduced in the early and mid-1990s.Within the European Union (EU), a series of OHS Dircctives has also triggered increasing regulatory action at national level.
From Compliance to Best Practice in OHS: The Roles of Specification, Performance, and Systems-Based Standards
Authors: Gunningham Neil , Johnstone Richard 
Published: November 2023

Abstract
In designing OHS standards, it is vitally important to determine what types of standards to adopt. For example, what kinds of measures are most likely to achieve best policy outcomes? What techniques are most likely to influence organizational behaviour, to be flexible, produce safety and health benefits at an acceptable cost, provide practical guidance to employers, and be easy to enforce? Decisions about these issues will have major implications not only for regulators, duty holders, and potential victims of work-related injury and disease, but also for the overall effectiveness of the regulatory regime. As Andrew Hopkins has put it: ‘in many circumstances the real problem facing policymakers is not to select the best strategy for achieving compliance but to decide what it is the regulated are to be asked to comply with’.
The E.U. Structural funds
Authors: Evans Andrew 
Published: November 2023

Abstract
The EU Structural Funds is a pioneering book that provides the first systematic and critical examination of the role of the EU Structural Funds and other financial instruments in European integration. The examination is important because of the substantial sums of money involved and shows that these sums are not necessarily being used effectively or efficiently. Total Structural Fund spending from 1994 to 1999 is to be almost Euro 170 billion and this sum represents around 33 per cent of the Union budget and around 0.4 per cent of the Union gross domestic product. For the years 2000 to 2006 spending of up to Euro 218.4 billion is proposed. The issues raised by Andrew Evans are highly topical because of the challenges to established practice entailed by the introduction of a single currency, the ‘Euro’, and by plans for the future accession of several countries of Central and Eastern Europe to the Union.
Organic Procedures
Authors: Evans Andrew 
Published: November 2023

Abstract
‘Organic’ decision-making procedures have their origins in the practice of the Union institutions. Close contacts between Union and national officials, tending towards ‘bureaucratic interpenetration’, may be involved. This tendency may be most developed in committee work, particularly that associated with ‘partnership’. The outcomes take as their main legal forms legislation, budgetary provision, ‘soft law’, individual administrative decisions, contracts, and judicial decisions.
Introduction
Authors: Gunningham Neil 
Published: November 2023

Abstract
One of the crucial issues of our time is how to avoid serious, and perhaps cataclysmic, damage to the natural environment. The causes of such damage are both complex and controversial, and arise from a wide variety of social and economic pressures. The results, however, are more readily apparent. The evidence that pollution, land degradation, deforestation, ozone depletion, climate change, and the loss of biological diversity are inflicting serious and in some cases irreversible damage to the planet which sustains us, is increasingly compelling. Indeed, it is arguable that the window of opportunity for averting major ecological disaster is a rapidly shrinking one, and that, in some cases, it may already be too late to prevent ongoing environmental degradation.
Introduction To Comparative Antitrust Systems
Authors: Jones Clifford A 
Published: November 2023

Abstract
There are a number of reasons for conducting a comparative analysis of EC and US private antitrust litigation. First, despite the pronounced differences between legal systems in the USA and the EC, the US system for the enforcement of Federal antitrust law is the paradigm of private antitrust enforcement. The utility of private enforcement in the USA has been cited by one Advocate General as grounds for belief that such actions would assist in making EC competition rules more ‘operational’. Secondly, as Whish and Sufrin have noted, ‘[m]uch can be learnt from a system of law that in 1990 celebrated its centenary’. This means, among other things, that there are few ‘commercial phenomena’ which have not been treated in the cases and literature concerning American antitrust. In the early years of EC competition law there were few precedents, and it was natural to look to US case law as the Advocates General did in a number of cases.
The Ec System: The Treaty Of Rome And Regulation 17
Authors: Jones Clifford A 
Published: November 2023

Abstract
When Jean Monnet and Robert Schuman presented the Schuman Plan1 to US Secretary of State Dean Acheson on 7 May 1950, Acheson’s first reaction was the fear that the plan was a clever cover for a ‘gigantic European cartel’.2 Two days later, Acheson’s fears assuaged, the Schuman Declaration heralded what is now considered the birthday of the European Community. Since the beginning, competition issues have pervaded the Communities, and US antitrust law has been a source of influence.
Remedy Principles And The Competition Rules
Authors: Jones Clifford A 
Published: November 2023

Abstract
Although Article 95 of the Treaty [a tax provision] has the effect of excluding the application of any national measure incompatible with it, the article does not restrict the powers of the competent national courts to apply, from among the various procedures available under national law, those which are appropriate for the purpose of protecting the individual rights conferred by Community law.
The Legal Basis Of Private Actions In The Uk Under Community Law
Authors: Jones Clifford A 
Published: November 2023

Abstract
Parliament sought to recognize the direct effect of the EC Treaty in British law by providing in the European Communities Act 1972, section 2(1), that ‘all such rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Treaties, and all such remedies and procedures from time to time provided for by or under the Treaties, as in accordance with the Treaties are without further enactment to be given legal effect or used in the United Kingdom shall be recognised and available in law, and be enforced, allowed and followed accordingly’ . Not surprisingly from the British constitutional law perspective, there has been ‘consistent emphasis on the statutory nature of the gateway for Community law which was opened by the European Communities Act 1972’. As Shaw has noted, ‘for the purist, there are difficulties in reconciling the doctrine of parliamentary sovereignty with the transfer of apparently sovereign powers to the European Community’.
Community Antitrust Claims As A Breach Of Statutory Duty
Authors: Jones Clifford A 
Published: November 2023

Abstract
It has been said that the ‘theory with the most judicial weight behind it (though not necessarily most theoretical weight) is that breaches of Articles 85 and 86 EEC Treaty [now 81 and 82 EC] may be pleaded in the national courts as “breaches of statutory duty’’ ‘. The principal case is Garden Cottage Foods Ltd v. Milk Marketing Board, in which a four to one majority of the House of Lords reversed the Court of Appeal and reinstated the judgment of the High Court to the effect that no interlocutory injunction should be granted where the plaintiff had an adequate remedy in damages. In Garden Cottage, the plaintiff was a small company (‘Mr and Mrs Bunch with limited liability’) in the business of reselling bulk butter purchased from the Milk Marketing Board (MMB), a statutory body. When the MMB cut off supplies of its nectar to Garden Cottage, the result was the commencement of an action in the High Court alleging that the refusal to supply was the abuse of a dominant position in the supply of bulk butter in England and Wales, in violation of Article 82, formerly 86, EC.
Limits On Permissible Private Plaintiffs In Us Law
Authors: Jones Clifford A 
Published: November 2023

Abstract
The term ‘standing’ is used in a number of different contexts in US law, so that a brief explanatory note is perhaps worthwhile. Generally speaking, the concept is equivalent to locus standi in the UK or the EC, although the Latin term itself rarely, if ever, appears in US court decisions. The most common usage of the term is in the fields of constitutional and administrative law, and most US lawyers or judges will recognize it in those contexts. Standing has an entirely different meaning in antitrust law, as will hopefully become apparent.
Antitrust Damages Principles In Us Law
Authors: Jones Clifford A 
Published: November 2023

Abstract
It is difficult to overstate the importance of rules concerning recoverable damages to the likelihood, development, and frequency of any type of private litigation, although other forms of relief may well be of critical importance in particular cases. Private antitrust actions are no exception, and it has been argued that such rules are even more important in this area. It is thought by some in Europe that private antitrust actions under Community law will never be of importance due to the absence of the legislative provision for treble damages which so ubiquitously characterizes the remedy provisions of the Sherman Act. It is submitted that the perceived superiority of the treble damages provisions of US law over damages rules available in Europe is exaggerated. In fact, the following chapters are intended to demonstrate that other components of the damage system in the USA are such that ‘treble’ damages under US law are essentially mythical and that comparable results are in fact obtainable in Europe, especially in the UK, without a treble damage multiplier.
How Damages Are Calculated In Particular Cases
Authors: Jones Clifford A 
Published: November 2023

Abstract
Many, perhaps most, of the cases which involve price enhancement damages are claims for horizontal price fixing in which the plaintiff purchased goods at unlawfully inflated prices from the cartel. Other types of violations which typically generate these sorts of damages include vertical price fixing, tying arrangements, price discrimination, concerted refusals to deal, monopsony purchasing (at unfairly low pricing), and forced disposition of assets. Other monopolistic (abuse of dominant position) practices may also cause such damage.
Conclusions: The Labours Of Sisyphus
Authors: Jones Clifford A 
Published: November 2023

Abstract
The objective of this work was to study the nature and development of private Community and UK antitrust litigation in the national courts of the UK by reference to the more developed private enforcement system which has existed in the USA for over 100 years. Antitrust law in general, whether UK, Community, or US, and private litigation in particular constitute a vast subject area of study within which this work has touched only some of the fundamental points. However, as the dearth of private damages awards in the first 40 years of the EC attests, until the fundamental theory and structure of private antitrust litigation are understood, supported by precedent and authority, and put into practice, more detailed issues will not arise.
The Law Of Contribution And Reimbursement
Authors: Mitchell Charles 
Published: November 2023

Abstract
The English law of contribution and reimbursement is essentially concerned with any situation where two parties must both pay a debt to a third party, compensate him for harm that he has suffered at their hands, or restore an enrichment which they have unjustly gained at his expense. These situations give rise to questions of how the parties’ common liability should be shared and how their relationships with the third party, and with one another, should be adjusted so as to ensure that they each pay their proper share. This book is based on the rules of English law which determine the answers to these questions. Contribution and reimbursement claims often arise in the course of complex multi-party litigation and the rules which govern their determination are scattered through the law reports and statute books. This book provides a clear guide through this maze of legislation and case law, and gives a detailed account of all the substantive and procedural rules in the area. It is an essential source of information for legal practitioners and academics seeking practical advice on this notoriously complex subject.
Creditor May Not Accumulate Recoveries
Authors: Mitchell Charles 
Published: November 2023

Abstract
Once a claimant has shown that he and a defendant both owed legal obligations to the creditor, he must next show that the creditor was not entitled to accumulate recoveries by enforcing his rights against both the claimant and the defendant in full. If the creditor was entitled to recover in full from each of the claimant and the defendant, then the defendant would remain liable to the creditor regardless of the claimant’s payment, and so it could not be said that the defendant had been enriched at the claimant’s expense.
Defendant’s Liability To Creditor Is Discharged By Claimant
Authors: Mitchell Charles 
Published: November 2023

Abstract
The ‘essence of the rule’ entitling a claimant to reimbursement is that ‘there is a liability for the same debt resting on the [claimant] and the defendant and the [claimant] has been legally compelled to pay, but the defendant gets the benefit of the payment because his debt is discharged’. The same is true of contribution awards. A claimant who cannot show that his payment to the creditor has dis-charged the defendant’s liability cannot be entitled to contribution or reimbursement.
Apportionment Between Claimant And Defendant
Authors: Mitchell Charles 
Published: November 2023

Abstract
The purpose of this chapter is to discuss the principles developed by the courts to determine the proportions in which the burden of paying a creditor should be borne by a claimant and a defendant. It is suggested here that five principles can be made out in the relevant legislation and case-law. First, where the relationship between a claimant and a defendant is affected by a contract that allocates responsibility for paying the creditor to one of them alone, or to both of them in agreed proportions, effect is generally given to this contractual allocation. Secondly, in the absence of any contractual allocation, a default rule of equal apportionment has been adopted. However, this default rule can be displaced by one or more of the following further principles, in appropriate circumstances.
Defendant’S Liability tO Creditor
Authors: Mitchell Charles 
Published: November 2023

Abstract
As discussed previously, contribution and reimbursement claims will not lie unless the claimant has discharged a legal liability owed by the defendant to a creditor. Hence, a defendant can avoid liability for contribution or reimbursement if he can show that he was never liable to the creditor; and by the same token, the quantum of his liability to a claimant will be proportionately reduced, to the extent that he can show that he had a partial defence to the creditor’s claim. In this chapter, various arguments which a defendant might raise with a view to showing one or other of these things will be examined.
Social Policy and Economic Regulators: Some Issues from the Reform of Utility Regulation
Authors: McCrudden Christopher 
Published: November 2023

Abstract
What should regulators do? The question is, of course, a crucial one in the context of current UK discussions about the reform of regulation. In March 1998, we saw the publication of a long awaited discussion paper by the Department of Trade and Industry on the reform of regulation in utilities,1 and central to one ‘s reactions to it is the crucial question of what we think regulation, and regulators, are for. This chapter considers in particular the relationship between social policy and economic regulators, using the reform of utility regulation in the UK to illustrate several of the more important legal issues in that relationship.
Globalisation and Implications for Cross-border Regulation
Authors: Polglase Tim 
Published: November 2023

Abstract
It is dear that the pace of consolidation in international banking and financial services is quickening. 1997 saw the mergers of Morgan Stanley with Dean Witter, Salomon with Smith Barney and Bankers Trust with Alex Brown in the US and Union Bank of Switzerland with Swiss Bank Corporation in Europe. In the current year we have already seen the announcement of three “mega “ US mergers: BankAmerica with NationsBank (US$133 billion), First Chicago with Banc One (US$72 billion) and Citicorp with Travelers, the parent of the merged Salomon Smith Barney (US$140 billion). This last merger will create America ‘s largest and most diversified financial services company, although the (in)famous US Glass-Steagall Act will require to be amended to permit the merger of a bank with an insurance company, failing which the group ‘s insurance operations will have to be spun off within 5 years. So what are the reasons for this consolidation? The mergers of BankAmerica with NationsBank and First Chicago with Banc One, while different in scale terms from what has gone before, can be seen as merely a continuation of the merger process which has been underway in the US since interstate banking restrictions were lifted in 1994 (thereby allowing banks to establish branches across state borders). Partly as a result of the removal of these restrictions, the number of banks in the US has shrunk from approximately 14,500 ten years ago to 9,000 at the present.
The Statutory Scheme
Authors: Haley Michael 
Published: November 2023

Abstract
As demonstrated in the preceding chapter, the fundamental aim of Part II of the Landlord and Tenant Act 1954 is to confer on business tenants security of tenure 2.01 without otherwise interfering with market forces. Provided that the tenant complies, within prescribed time limits, with a series of complex and technical statu-tory formalities, and on the understanding that the landlord cannot establish a ground of opposition as listed in section 30(1), the entitlement is to a new lease at a market rent. If the tenant is unable to obtain a renewal, flat-rate compensation for &,mrbance may be available under section 37. Until the contractual tenancy is terminated, however, the relationship between landlord and tenant is regulated by the general law. Although the Act does nothing to prevent the original lease being brought to an end by any method provided by the contract (for example, the exercise of a break clause), termination of the contractual term serves to activate its protective provisions.
Why be Active in the Labour Party?
Authors: Seyd Patrick , Whiteley Paul 
Published: November 2023

Abstract
We have developed the theoretical framework for the analysis of political participation in the Labour party in Chapter 4, and we will apply the same framework to the analysis of activism in this chapter. It will be recalled that even within the terms of a narrowly focused model of rationality of the type discussed by Olson, membership of the party could be explained by the fact that individuals did not perceive the costs of membership as being at all salient. However, the costs of membership for the party activists can be considerable, as the evidence below suggests. Accordingly, the same explanation· cannot be used to understand party activism. Some of the other factors discussed in general incentives theory come to the fore in this situation, and so much of the time in this chapter is spent discussing how these factors might be measured and analysed.
Political Ideology and Party Membership
Authors: Seyd Patrick , Whiteley Paul 
Published: November 2023

Abstract
In Chapter 3 we examined in outline some of the political attitudes of party members in the survey. In general, our conclusions were that they regard political principles as being important; that they are critical of the market economy, and prefer more public intervention and the public. provision of services; that they believe that the bargaining rights of trade unions should be maintained; and finally, that they dislike Britain’s possession of nuclear weapons, and want to cut overall spending on defence. In this chapter we will examine the attitudes and beliefs of the members in more detail, addressing the question of whether or not those attitudes are structured around a core set of beliefs which can be described as an ideology. The aim is to examine the extent to which political attitudes and beliefs are correlated with each other, or in the words of one influential writer, ideologically
Conclusions
Authors: Seyd Patrick , Whiteley Paul 
Published: November 2023

Abstract
The above quote from Larry Whitty reflects one important aspect of the modernization strategy, and an increasing awareness on the part of the party leadership that promoting the growth of party membership is an important priority. However, as the figures in Table 2.1 indicate, there is no evidence that the objective of doubling member-ship and increasing the level of activism over the four years period from 1987 to 1991 has succeeded. The number of individual party members rose by only 25,000 (10 per cent) between 1987 and 1991. Furthermore as we saw in Table 5.1, our survey reveals that four in every ten members felt themselves to be less active today than they were five years ago. Thus judged in terms of Larry Whitty’s commitment it appears that the drive to promote membership and political activism in the party has failed.