bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Application of EC Law by National Courts
Authors: Jarvis Malcolm A 
Published: November 2023

Abstract
The decentralized system for the enforcement of European Community law, and the early development by the European Court of Justice (ECJ) of the dual doctrines of supremacy and direct effect, requires national courts of Member States to play a crucial role in the European legal order. Jarvis's book examines the application of European Community law by the national courts and assesses their increasingly important role in the judicial architecture of the Community. The author focuses on the application of the rules of the EC Treaty concerning the free movement of goods (Articles 30-36), one of the largest and most mature areas of substantive EC law. He has undertaken an exhaustive examination of relevant case law from the national courts of the United Kingdom, France and the Netherlands, while also covering the most significant developments in the courts of other Member States. Jarvis also examines the links between the huge corpus of case law and the implementation of EC law through Directives and national legislation. This ambitious book will be welcomed as a significant advance in our growing understanding of the importance of national courts in the EC legal order. From the authors Preface Selecting the appropriate balance in the title for this book was a difficult task. The dilemma was essentially whether the title should most reflect the emphasis in this work on the more general application of European Community law by national courts, or rather accent the specific area of the free movement of goods provisions within the EC Treaty. Since the issues arising from the application of the free movement of goods provisions by the national courts have such wide implications (being representative of the application of any of the other four freedoms and indeed the application of EC law by the national courts in general) it was felt that this should be reflected in the title. It is hoped that this work will add to the growing awareness of the pivotal role played by the national courts as the Community courts, whilst also providing a thought provoking analysis of the free movement of goods provisions in the EC Treaty
Article 30 And Imports
Authors: Jarvis Malcolm A 
Published: November 2023

Abstract
Article 30 of the EC Treaty governs the import of goods from other Member States. That Article provides for a strict prohibition on import restrictions in the following terms:Quantitative restrictions on imports and all measures having equivalent effect shall ... be prohibited between Member States.Two preliminary comments may be set out at this stage. Firstly, because of the fundamental importance of the principle of the free movement of goods, Article 30 has been strictly enforced.
Actually or potentially hindering intra Community trade
Authors: Jarvis Malcolm A 
Published: November 2023

Abstract
This final limb of the Dassonvilledefinition of measures having equivalent effect, namely that intra-Community trade be ‘actually or potentially’ hindered, has been the focus of great attention. It is the acceptance in this definition that even a potentialeffect on trade would be sufficient to bring Article 30 EC into play that has ensured an extremely broad scope for the application of Article 30 EC. Unfortunately, it has also ensured that the ECJ has encountered serious difficulties in maintaining a satisfactory and consistent body of case law. The striking breadth of the Dassonvilledefinition inevitably led to a need to locate the outer margins of the scope of Article 30 EC.
Article 36 Grounds of Justification
Authors: Jarvis Malcolm A 
Published: November 2023

Abstract
The EC Treaty provides for certain grounds which Member States may rely upon to justify infringements to the provisions concerning free movement of goods. Article 36 EC provides:The provisions of Articles 30 to 34 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.
Remedies for Breach of Rules on the Free Movement of Goods Before National Courts
Authors: Jarvis Malcolm A 
Published: November 2023

Abstract
The question of remedies for breaches of EC law before national courts has taken centre-stage in recent years. This issue is of enormous practical importance given its position as the last link in the process towards effective and uniform application of EC law. The application of EC law by national courts may be seen in three stages. The first stage requires the national courts to accord provisions of EC law supremacy and direct effect in the national legal system.
Getting The Measure Of Public Services: Community Competition Rules and Public Service Broadcasting
Authors: Smith* R Craufurd 
Published: November 2023

Abstract
Throughout their history public service broadcasters have been highly dependent on the state to provide a regulatory framework which would offer them a degree of protection from commercial competition. Many states initially granted their public broadcasters monopolies in the provision of radio and television services, but support is now more likely to be limited to financial assistance by way of government subventions or licence fee revenues and guaranteed access to terrestrial frequencies. Any loss of faith on the part of national governments in the need for state-assisted public services consequently poses a serious threat to the survival of public broadcasters, and it is little wonder that they invest considerable time and energy in seeking to maintain political support for their particular objectives and style of broadcasting.
Future Regulation Of Telecommunication Infrastructure in the EU
Authors: Reville* Nicholas 
Published: November 2023

Abstract
The Holy Grail of European policy on telecommunications (telecoms) infrastructure is to create a regulatory environment in which any user of it can receive any service from any operator using any technology.1 In the meantime, most European Member States have agreed that their nationally state-owned or controlled telecoms operators will relinquish their monopoly of basic telephony services from 1 January 1998. To facilitate the liberalization of the European telecoms market by that date the European Commission (the Commission) will unveil plans in January 1997 for a single pan--European telephone code as part of a move to harmonize the numbering system across the EU. To create a ‘European telephony numbering space ‘ the Commission wishes to take over the management and allocation of numbers from national regulators. It will also urge the introduction of common numbers across the EU for services such as free phones and motoring breakdown organizations.
Data Production And Press Freedom
Authors: Rasaiah Santha , Newell* David 
Published: November 2023

Abstract
‘The mere words ‘regulation of data protection ‘ have a curiously soporific effect. The sensible reaction of any normal person faced with the riveting combination of computer processing, European legislation, legal argument over interpretation and implementation, mechanistic rules, and ever more elaborate guidance would be to rush on, screaming, to something-anything--more exciting. This is a course of action with which media organizations, their lawyers, and the media which they represent not only sympathize but also deeply envy. They too wish that they did not have to grapple with data protection legislation. But they do and they must. Unlike the normal citizen, there is even a chance that they might escape some of the worst effects of data protection controls. Unless that chance becomes a reality, the new data protection regime could devastate the media. More than that, it should be an issue of concern to all. The most fundamental issues of freedom of expression, freedom of information, press freedom, and conflicting rights of individuals are indiscriminately enmeshed within the closing net of data protection legislation.
The European Human Rights Convention and Media Law
Authors: Lester Lord , Schiffrin Natalia 
Published: November 2023

Abstract
The two major cases decided by the European Court of Human Rights relevant to media law in 1996 were both against the United Kingdom.. The cases, brought under the European Convention on Human Rights ‘ Article 10 guarantee of freedom of expression,illustrate the historic tension within the Court over this important provision. These two cases (and the other minor decisions of the year) follow previously established patterns developed by the Court, which is usually generous in its approach to political speech and the rights of the press, and restrictive on morality, race hate speech, national security, and the reputation of the judiciary.
Libel Law
Authors: Shillito* Richard , Barendt Eric 
Published: November 2023

Abstract
This year saw the long-awaited enactment of the Defamation Act 1996, although not entirely in the same form as the Bill discussed in last year ‘s Review. At the time of writing, most sections of the Act have yet to be brought into force, so comment on the practical effect of the legislation would be premature. The significance of one controversial section, allowing MPs to waive Parliamentary Privilege, which was brought into force on passing of the Act, could not in the event be fully assessed, because a libel action which would have come to trilal as a result of the enactment of the section was settled out of court. In the courts, the impact of the Derbyshire and John decisions in particular has continued to be felt in cases involving privilege and assessment of damages respectively, some of which are discussed below.
Media Reporting Restrictions
Authors: Nicol Andrew , Rogers Heather 
Published: November 2023

Abstract
The media have only modest rights of access to court documents. In the High Court RSC Order 63 rule 4(1) gives any person the right to inspect ‘the copy of any writ of summons or other originating process ‘ and any judgment or order given or made in court. A statement of claim specially endorsed on the writ is part of the writ and so open to inspection. This can sometimes lead libel plaintiffs to opt for a bland general indorsement of the writ with the words complained of set out in a separate statement of claim. This will not attract a right of inspection even if it is served simultaneously with the writ.
Broadcasting And Cable Services
Authors: Ballard* Tony 
Published: November 2023

Abstract
1996 saw a new Charter for the BBC in May, a new Broadcasting Act in July, invitations to apply for the new digital multiplex licences in October, and the re-regulation of conditional access systems for digital television in December. Government policy still offers public-service broadcasting as a beacon for broadcasters to navigate by as they are blown by economic forces in directions which are increasingly difficult to discern, but how long it will continue to do so is beginning to be a matter for legitimate debate, as the maintenance of public service broadcasting seems increasingly to pose paradoxes and difficulties.
A New ‘Seascape’ for Obligations: Reclassification on the Basis of Measure of Damages
Authors: Stapleton Jane 
Published: November 2023

Abstract
Even those sceptical of the wider claims of restitution scholars should con cede that they have fruitfully focused our attention on the classification and interrelation of private law obligations. They have reminded us that, for the same reasons we need language to communicate, we need to classify obliga tions in order to handle effectively the analysis of their complex nature. But just as with languages, there is no ‘correct’ or ‘best’ classification of obliga tions, a lesson which astute studies of comparative law can continue to teach us.
Private Law, Economic Rationality and the Regulatory State
Authors: Deakin Simon 
Published: November 2023

Abstract
Within the theory of private law, a central role has been accorded to the process of classification. Classification arises at the level of determining the scope and nature of particular areas of civil obligation and, more generally, as part of the process of delimiting the sphere of private law itself. In the work of Ernest Weinrib, these two aspects of legal classification are intertwined: his claim that private law exhibits a coherent internal classification of obliga tions is part of a wider argument to the effect that private law should be seen as autonomous from other areas of law, and in particular from public law.
Conceptual and Methodological Issues
Authors: Hoyle Carolyn 
Published: November 2023

Abstract
Chapter 1 described the intention of the Thames Valley study to unite different theoretical approaches to satisfy a range of aims. An eclectic approach to methods was deemed to be necessary in order to achieve theoretical triangulation. Hence, I chose not to restrict myself to using either positivist or interpretative methods, but to adopt a pragmatic approach to data collection. It was decided to use any appropriate method in as accurate a way as possible: to unite holistic analysis, which is characteristic of the positivists, and atomistic analysis, characteristic of the interpretive sociologies.
The Situational Determinants of Police Decision-Making
Authors: Hoyle Carolyn 
Published: November 2023

Abstract
In Chapter 4 it was argued that officers’ responses to incidents of domestic violence are shaped by the organization of policing: the way in which they are trained; their organizational goals; technology; resources; the style of policing and procedural law. These might be referred to as ‘structures’, but they are inevitably influenced by, and, in turn, influence, sub-cultural norms, values, and beliefs. This chapter draws on observation of officers on patrol, and interviews with officers and (less often) victims.
Interrogating the Role of the Victim
Authors: Hoyle Carolyn 
Published: November 2023

Abstract
Feminists in the 1970s, on recognizing the enormity of the problem of domestic violence, were outraged at the state’s apparent lack of interest. However they were concerned not only, or even primarily, with the inadequate response of the criminal justice system, but with the causes of domestic violence-the unequal power relations between men and women, and women’s political and economic subordination.
Cross-Cultural Perceptions of Disability: Policy Implications of Divergent Views
Authors: Renteln Alison Dundes 
Published: November 2023

Abstract
The existence of persons with varying degrees of abilities is a normal part of all societies in all historical periods. Societies vary as to which particular disabilities matter, the extent to which individuals with those particular traits are stigmatized, and the types of restrictions placed on disabled persons’ participation in social life. This chapter is concerned with cross-cultural differences in the manner in which societies interpret disability. Disability encompasses those traits regarded as deviating from a culturally constructed norm. Cross-cultural analysis of disability is liberating because it shows that stigma is not necessarily associated with ‘difference’ and that different disabilities evoke differing responses depending upon the cultural context. In this chapter, I examine the implications of cultural relativism for theorizing about disability.
The Potential of Disability Non-discrimination Laws
Authors: Herr Stanley S 
Published: November 2023

Abstract
Disability discrimination laws can be a potent tool to safeguard the rights and meet the needs of persons with intellectual disabilities. In the United States, the Americans with Disabilities Act of 1990 (ADA) is highly specific and has achieved results for groups and individuals. In Israel, the Equal Rights for Persons with Disabilities Law of 1998 (ERPDL), while relatively untested, combines both non-discrimination and self determination provisions. Many countries feature disability rights over sight agencies, such as the United Kingdom’s Disability Rights Commission (established in conjunction with the Disability Discrimination Act of 1995 (ODA)), or Sweden’s Disability Ombudsman that oversees disability non discrimination laws for the benefit of persons with intellectual and other disabilities.
Respecting Persons with Disabilities and Preventing Disability: Is there a Conflict?
Authors: Asch Adrienne , Gostin, Lawrence 0. , Johnson Diann M 
Published: November 2023

Abstract
I feel so cheated. You were so perfect, my little one the small life inside of me my tummy still flat, I knew you were growing the first flutter then a kick A boy or a girl? we wondered. But never would you be right the whole time you grew from pinpoint tiny to person-sized you were never right never perfect We rejoiced and planned we raised glasses to toast and cried tears of joy through autumn, then winter You kicked and stretched my tummy swelled But even then you were different even then you didn’t look like us or think like us Precious as you were, a life we created you weren’t the baby we waited for The showers, the painting, the preparation the excitement and anticipation we waited to meet and love the person we had already loved and dreamed of for months while you grew But all the time you were different not the normal, healthy child we prayed for and felt sure was coming.
The Economics of Equality: An Exploration of Country Differences
Authors: Noble John H 
Published: November 2023

Abstract
Adopted 20 December 1971, General Assembly Resolution 2856 (XXVI) proclaims the United Nations (UN) Declaration on the Rights of Mentally Retarded Persons and reaffirms ‘faith ... in the principles of peace, of the dignity and worth of the human person and of social justice ‘ Calling for national and international action to secure the same rights as other human beings, ‘to the maximum degree of feasibility’, among other things, the Resolution champions ‘a right to proper medical care and physical therapy and to such education, training, rehabilitation and guidance as will enable’ persons with mental retardation to realize their maximum potential.
Voices of Self-Advocates
Authors: Levitz Mitchell 
Published: November 2023

Abstract
Each of us has the right to dream and the right to try to make our dreams come true. This chapter is an account of some of my dreams and the challenges that I have faced as a person living with an intellectual disability making these dreams come true. Although the chapter largely discusses my personal challenges and some of the lessons I have learned along the way, I hope that the reader will consider how my life experiences can be applied to other people with similar kinds of challenges. I encourage you to use examples of my experiences to help erase negative stereotypes and improve public attitudes about persons with intellectual disabilities. I likewise hope that my thoughts and ideas will serve as a framework for advocates and policymakers around the world to improve the quality of life of people with intellectual disabilities.
The United Kingdom
Authors: Verhulst Stefaan 
Published: November 2023

Abstract
One major characteristic of the UK is its gradualism; despite all predictions of revolution and profound change, UK media development is generally slow but continuous. A recent report published by the Department of Trade and Industry (DTI) stated that the main characteristic of the so-called ‘Information Society’ is a general uncertainty about its shape. This uncertainty is only too obvious if the track records of other technologies are considered. Implementation of ISDN, EC-promoted unified telecoms, high definition television, UK cable television, a UK fibre-optic network, etc, has dragged on for years. The former Minister for Information and Technology predicted in 1982 that ‘by the end of the decade multi-channel cable television will be commonplace countrywide ... TV will be used for armchair shopping, banking, calling emergency services and many other services’.
The European Institutions
Authors: Verhulst Stefaan , Goldberg David 
Published: November 2023

Abstract
This chapter looks at legal responses to regulating the changing media in a European context, focusing on the two main intergovernmental organisations: the European Community and Union and the older, more inclusive Council of Europe. Apart from being of European importance, they are two of the main global drivers of policy and standards for the changing media. The Community’s overall approach alternates between treating the sector as a cultural good or as an economic commodity. The Council is rather less ambivalent: the media are simultaneously both the means for realising the human right of freedom of expression and a principal condition for consolidating democracy or bringing it about in certain areas of the European audio-visual area. Generally, the Council’s activities build a cumulative normative framework for media and communications based on certain, specific values. Indeed, as early as 1968,
Conclusions
Authors: Goldberg David , Prosser Tony , Verhulst Stefaan 
Published: November 2023

Abstract
If anything is clear from the material in this study it is that national and cultural differences remain of enormous importance in shaping both the changing media and their regulation; there has been no straightforward move to uniformity under the pressure of technological change.1 In this respect we would begin by echoing the point made recently by institutional approaches to politics and economics: namely, that approaches to policy development which see it as a process of resolving essentially technical tasks assumed to be similar in any market-oriented economy neglect the particular constraints of political and legal culture which may be of the utmost importance. One point of particular relevance is that convergence is at radically different stages in each of the countries studied, and that this has been the result of a number of factors including differences in legal and political structures.
Political Purposes And Political Activity
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
This chapter considers the extent to which the possession of political objects, or 7.01 the pursuing of political activity, is incompatible with charitable status. The potential impact of the Human Rights Act 1998 on these issues was considered in chapter 1, where it was concluded that such impact is likely to be minimal. This chapter is therefore posited on that footing. A political object is incompatible with charitable status, and the court cannot 7.02 inquire into whether the object is of public benefit. The case law reveals that a ‘political object’ is one which expressly aims to change the law, or one which seeks to promote either a particular theory or attitude which involves seeking a change in the law or a change in government policy.
Legal Structures And The Distribution Of Power
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
In English law, charity’ refers neither to the act of giving, nor to a state of mind, but to the effectual dedication of property to charitable purposes. Effectual dedication occurs when property is subject to an obligation that it be applied for the public benefit in such a way that the right to compel such application passes to the Attorney-General on behalf of the Crown as parens patriae.