bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
The astonishing growth of complementary medicine over the past decade is now so well documented as to be beyond dispute. Recent surveys have revealed that as many as one in four of the United Kingdom population may now use complementary therapies, a statistic whieh would appear to be broadly paralleled throughout many of the industrialized countries of the West. A major survey estimates that one in three American adults used some form of complementary therapy during 1990. To meet increased public demand, the number of complementary health practitioners in Britain has been increasing at an estimated rate of 10 per cent in each year since the mid-1980s. This demonstrable public confidence and support for non-conventional medicine has encouraged a number of more well established therapies to initiate or renew efforts towards achieving legislative recognition of their status.
Regulation of Health Care
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
If regulation can be defined in simple terms as the means by which control is exercised over the exchange of goods and services in society, then the practice of medicine has been regulated for centuries. Today, medicine is one of the most highly regulated of all economic and social activities in Britain. By contrast, and despite the Osteopaths Act 1993 and the Chiropractors Act 1994, there is still an almost total absence of formal statutory regulation in relation to complementary medicine. In Britain, while the practice of medicine is coming under increasingly close control as a consequence of the reforms of the National Health Service, regulation of the profession is still largely in the hands of the profession itself, through the General Medical Council (GMC).
Criteria Which May Shape Regulation
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
The term ‘complementary medicine’ groups together so many diverse therapies, that it is now generally accepted that no single regulatory solution will be appropriate for all therapies. Thus, we shall begin our examination by looking at some of the features of complementary therapies in an attempt to identify criteria that will act as a determining influence on the shape of regulation. We shall also ask whether there is any correlation between certain features of these therapies and the types of regulatory solutions in which they are interested.
Voluntary Self-Regulation
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
Given the doubts expressed in previous chapters as to the suitability of either statutory control or common law mechanisms for providing an adequate basis for the regulation of most complementary therapies, we must now look very carefully at the existing voluntary mechanisms regulating complementary medicine. Since neither the Osteopaths Act 1993 nor the Chiropractors Act 1994 have yet come into force, the whole of complementary medicine is voluntarily self-regulated at the present time. The purpose of this section of the book is to look at some of the self-regulating structures that are in place and to investigate how successful they are at protecting the public and ensuring high standards of practice.
Introduction: Corporate Control: Changing Concepts and Practices of the Firm
Authors: Bratton William W 
Published: November 2023

Abstract
This volume brings together lawyers, accountants, sociologists, and economists to explore some central themes of the legal and organizational accountability of the public corporation. The papers collected in this volume also offer the first sustained attempt to transcend the new institutionalist and contractarian visions which, during the 1980s, became the mainstream perspectives in academic and policy-oriented discussions of the corporation.
Public Values, Private Business, and US Corporate Fiduciary Law
Authors: Bratton William W 
Published: November 2023

Abstract
Legal theorists and legal decision-makers deal with the same corporations. But they deal differently. The theorists aspire to provide objective answers to all questions. Their theories tend to pose clear-cut, determinant choices among alternatives. Legal decision-makers share the theorists’ aspirations. But, in the world of cases and legal practice, the subject-matter of legal debates never seems to be determined once and for all by reference to an objective theory or a meta-ethical scheme. Though legal decision-makers aspire to theoretical certitude and consistency, in the end they tend to mediate between the alternatives.
The Many-Headed Hydra: Networks as Higher-Order Collective Actors
Authors: Teubner Gunther 
Published: November 2023

Abstract
Alarm about the Japanese invasion of Western markets has been exacerbated by the realization that the Japanese are using downright organizational monsters. Evidently the Japanese strategies operate not only through prices and quality, but at the same time through new types of ‘organizational weapons’. Western observers, taken aback, record the use of hybrid organizations-’something between market and organization’ (Thorelli 1986)-that cannot be fitted into the usual organizational patterns of Western practice and theory. The Japanese keiretsu, an aggressive group of vertically co-operating Japanese firms, behaves as a hybrid between organization and market. Here a core firm controls tightly linked supply and distribution networks without having any equity ownership in the supply and distribution firms (Imai and Itami 1984; Gerlach 1989). Such intermediary organizations operate in Japan not only in the production sphere, but particularly in the R & D sector, in the relations among banks and other firms, and even in the links between government and private firms (Dore 1987). The secret of Japanese success seems to depend in no small measure on this ‘third arena of allocation’, which is of enormously greater scale in Japan than in the West (Twaalhoven and Hattori 1982; Imai, et al. 1985; Kaneko and Imai 1987; Wolf 1990: 106.).
Efficiency and Power Theories of the Firm
Authors: Marginson Paul 
Published: November 2023

Abstract
The question of why productive activity should be organized within firms has stimulated considerable debate between proponents of two broad paradigms. New institutionalists, notably Williamson (1975, 1980, 1981), have tried to demonstrate that the evolution of the firm from the puttingout system to the large modern corporation has taken place primarily for efficiency reasons. By contrast, radical authors, such as Marglin (1974) and Edwards (1979), have stressed the search for superior means of management control over labour as the underlying dynamic explaining the evolution of the firm (see McPherson 1983 and Putterman 1986 for reviews of the relevant literature). Both approaches signify an important departure from the standard neo-classical theory of the firm, in which the production of outputs from inputs is treated as a purely technical relationship. This is because forms of work organization are considered to affect the transformation of inputs into outputs.
Contracts, Trusts, and Companies
Authors: Bradley Caroline 
Published: November 2023

Abstract
The conceptualization of corporations as complex networks of contracts between the different interest groups involved has proved to be a powerful tool for the understanding of these entities. The various contracts which are supposed to exist are those involving shareholders, directors, employees, and creditors of the company, but the aspect of this nexus of contracts which has received most academic attention, and which is the subject of this chapter, is that which concerns the relationship between the shareholders and the directors of large companies. The reasons for this focus are clear: a major concern of academic company lawyers and economists is the extent to which corporate management puts, and should be allowed by law to put, its own interests before those of the owners of the company. Manne (1967: 284) has suggested that ‘large corporations function in a largely permissive framework and . . . market forces rather than legal ones have dictated their organization and structure’ (but cf. Campbell i990). The courts, however, have recognized that problems arise in relation to large companies involved in public securities markets (see Caparo v. Dickman, 1990: 376).
Banks and Corporate Control in Germany
Authors: Baums Theodor 
Published: November 2023

Abstract
In their seminal treatise of 1932 Berle and Means described the separation of ownership and control in the big American corporations with widely dispersed ownership. The small investor in the public corporation does not engage himself in the affairs of the corporation, and does not exercise his rights as a shareholder. When shareholdings are dispersed, a collective action problem leads to ‘rational apathy’ on the part of the small investor. In this case it is better for the investor to rely on the control and monitoring of management by other participants (‘free-riding’) or on legal provisions, like fiduciary duties, or, if necessary, he ‘votes with his feet’. In these companies management is not effectively controlled by shareholders. As a result, the ‘market for corporate control’ developed to discipline management. Much empirical research appears to confirm the view that the hostile take-over is a rather costly and blunt solution to the problem of how to correct management failure (Eisenberg 1989: 1497).
The Eighth Directive
Authors: Edwards Vanessa 
Published: November 2023

Abstract
The Eighth Directive on the approval of auditors is an essential complement to the Fourth and Seventh Directives on company accounts, which impose an audit requirement for both annual and consolidated accounts: the imposition of a Community-wide standard for the preparation and certification of company accounts would in practice have limited effect if those required to audit the accounts themselves had divergent qualifications and were not subject to equivalent requirements of independence and integrity. The Eighth Directive seeks to ensure that auditors in all Member States have equivalent minimum qualifications. It does not seek to go beyond the harmonization of minimum qualifications: in particular, it does not aim to realize the mutual recognition of degrees or other qualifications, to achieve freedom of establishment or freedom to provide services in favour of persons qualified as auditors or to deal with the issue of auditors’ liability.
The Eleventh Directive
Authors: Edwards Vanessa 
Published: November 2023

Abstract
The Eleventh Directive on disclosure by branches seeks to stop a lacuna in the system of protection of third parties by the mandatory disclosure of certain information relating to companies. As has been seen, the First, Fourth, Seventh and Eighth Directives impose a series of disclosure requirements on companies. Where a company incorporated in one Member State seeks to exercise its right of establishment by setting up a subsidiary in another Member State, that subsidiary, being a company, will be subject to those requirements in the Member State where it is incorporated. Where however a company establishes a branch rather than a subsidiary in another Member State, that branch, not being a corporate entity, will not be so subject. Although information about the company will be available in its State of incorporation, it may not be readily accessible to third parties dealing with it through the medium of the branch. That difference in treatment may be seen as both affecting the exercise of companies’ rights of establishment and prejudicing the protection of third parties in certain circumstances. Moverover, certain Member States had imposed their own disclosure requirements on branches, which differed between Member States, leading to further discrepancies within the Community. The Eleventh Directive aims to redress the balance by subjecting branches to certain of the disclosure requirements.
The First Stage—Harmonizing the Conditions of Listing
Authors: Edwards Vanessa 
Published: November 2023

Abstract
It is convenient to consider the Admissions, Listing Particulan and Interim Reports Directives together (collectively referred to in this chapter as ‘the Listing Directives’), since, as stated in the preamble to a directive amending the Admissions and Listing Particulars Directives: there is a close link between these three Directives, not only because the purpose of all three is to coordinate a number of rules relating to securities which have been admitted to official stock exchange listing or whose admission to such official listing is requested, but above all because the three Directives aim to establish at Community level a coordinated information policy on the securities in question.
Freedom of Establishment of Companies—lntroduction1
Authors: Edwards Vanessa 
Published: November 2023

Abstract
Article 52 of the Treaty requires Member States to abolish restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State. Freedom of establishment is expressed to include the right to take up and pursue activities as self-employed persons and to set up and manage companies or firms as defined by Article 58 under the conditions laid down for its own nationals by the law of the country where such establishment is effected. Restrictions on the setting up of agencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State are specifically required to be abolished. In considering the concept of freedom of establishment of companies, Article 52 must be read in conjunction with Article 58, which, in addition to defining ‘companies or firms’, provides that companies or firms formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community are, for the purposes of, inter alia, Article 52, to be treated in the same way as natural persons who are nationals of Member States.
In Support of a European Social Constitution
Authors: Rodriguez-L’inero Miguel , Casas Emilia 
Published: November 2023

Abstract
Following the wide-ranging debate which it initiated in late 1993 with its Green Paper on European Social Policy: Options for the Union,1 on 27 July 1994 the Commission adopted the White Paper on European Social Policy: A Way Forward for the Union. In this document, ‘preserving and developing the European social model’ based on the Welfare State is singled out as an objective for the Union. In the face of views which hold that free competition of social systems and working conditions in Community countries is an element of the competitiveness and economic progress of the Community itself and of its less developed countries, the European Commission unhesitatingly asserts that the social dimension and the existence of a high level of social protection in Europe not only should not be seen as ‘a cost’
The European Court of Justice, National Courts, and the Member States
Authors: Davies Paul 
Published: November 2023

Abstract
In the writings of Bill Wedderburn there is reflected an approach to judicial activism which is shared by many labour lawyers in the United Kingdom and which to some extent sets them apart from other legal writers in the ‘progressive’ mould. That approach can be characterized as one of suspicion of the driving forces behind, and the impact upon labour law of, such activism. This scepticism is not derived, of course, from any assertion of conscious bias on the part of the judges but is based rather on a three-stage analysis of, first, the fundamental and early training of practising lawyers2 in Britain in the common law; secondly, the centrality, within the common law, of rights based upon property and contract which were, and are, incompatible in particular with the effective collective organization of workers; and, thirdly, the failure of British labour lawyers to establish the autonomy of their subject from common law concepts and modes of thought.
The European Court of Justice and the External Competences of the Community
Authors: Mancini Federico 
Published: November 2023

Abstract
In the autumn of 1994, when the European Court of Justice was called upon to give its Opinion on the Agreement establishing the World Trade Organization, the procedure taking place in Luxembourg attracted much attention from the international public. The long-awaited outcome of the Uruguay Round negotiations was finally at hand and the opinion of the Court was one of the last hurdles before the entry into force of the Agreement.
Employment policy
Authors: Freedland1 Mark 
Published: November 2023

Abstract
In the course of the 1990 Chorley Lecture, on the subject of the_ Social Charter in Britain, Bill Wedderburn offered the reflection that: ‘[t]he European Community’s Social Charter of Fundamental Rights has appeared at a moment when the transnational economy puts national laws in a new frame’. That observation is still at least as pertinent as it was in 1990; and nowhere is it more applicable than to the field of employment policy. The initial purpose of this chapter is to try to assess the development and present direction of employment policy in and of the European Union, and, picking up on that observation of Bill Wedderburn’s, to describe the way in which employment policy forms part of the transnational economy of Europe.
Introduction:
Authors: Loveland Ian 
Published: November 2023

Abstract
As we approach the twenty-first century, we will find few supporters for the proposition that the academic study of British public law, whether in its constitutional or administrative manifestation, can plausibly operate as a closed system, its borders securely fastened against incursion from the cross-disciplinary insights offered by historians, political scientists, and public administrators. The broad question underlying this collection of essays is to ask whether the time has now come for Parliamentary, judicial, and academic analyses of vexatious legal problems to engage in a more systematic process of border crossing in the geographical as well as interdisciplinary senses. It is now quite clear that that process of ‘internationalization’is firmly established in our domestic law in respect of matters pertaining to the European Community. The contributors to this book have however cast their gaze in a rather different direction, to alight on certain aspects of the legal order of the United States of America.
The Symbolism of Constitutions: Some Anglo-American Comparisons
Authors: Cotierrell Roger 
Published: November 2023

Abstract
Constitutions provide and define authority for a society's principal organs of government. This is assumed to be the fundamental reason for their existence. Where comparisons are made between constitutions it is usually on the basis of the form in which they express this authority, the kind of allocation of governmental powers for which they provide, and the legal limits that they impose on government action. This essay2 argues, however, that constitutions not only 'constitute' government in these ways, mapping structures of authority and normative relationships between various arms and agencies of government, as well as their specific powers, responsibilities, and jurisdictional limits. They also typically contribute to 'constitute', in a certain sense, the governed society itself, and this contribution is one of their most important aspects.
A Special Relationship? American Influences on Judicial Review in England
Authors: Harlow* Carol 
Published: November 2023

Abstract
On the surface, our common legal heritage does seem to point to a ‘special relationship’ between British and American lawyers. It has created a common vocabulary which permits us to communicate with each other in a way which frequently proves more difficult outside the boundaries of the common law. We can instantly grasp the implications of concepts like ‘substantive due process or ‘natural justice’, even if the precise nuances may escape us. Habeas corpus is a shared inheritance4 and the term locus standi does not need translating, though we must be careful not to assume identity of meaning. We can talk until well into the present’ century of a common corpus of authoritative writing. Blackstone’s Commentaries were the settlers' legal Bible and many later texts were treated as a common legal resource. Austin’s theory of sovereignty, however unsuited to the American context, was claimed by Gray as the basis of his own jurisprudential writing6 and its influence may have penetrated further into American realism through the great Holmes.
Legal Control of Party Political Finance
Authors: Ewing Keith 
Published: November 2023

Abstract
In many respects the United States is not obviously a suitable jurisdiction to which one would look for lessons about how to deal with the question of campaign finance reform. Important historical, constitutional, and political differences suggest that a more fruitful line of enquiry would be with countries such as Canada which not only inherited (perhaps surprisingly) the British constitutional principle of parliamentary sovereignty but also developed a system of strong party government, albeit without the pivotal involvement historically of the organized labour movement, and albeit one with limitations which were exposed by the federal election in 1993. But this is not to suggest that the American experience is completely irrelevant or wholly without interest, or that there are no lessons whatsoever to be drawn from the attempts at legal regulation in that country. At a time when the issue of party funding is exercising keen interest in Britain, closing our minds to the United States' experience would betray an astonishing insularity, particularly as the Americans have the experience of almost ninety years of legislating in the field, and particularly as they have been grappling with principles and policies which might equally inform legislation here and elsewhere, notwithstanding our different historical, constitutional and political legacies.
Trends and Techniques in the Law of Evidence
Authors: Tapper Colin 
Published: November 2023

Abstract
This paper is designed to address a number of fundamental questions relating to the law of evidence many of which are ignored by the standard sources, and even by specialised articles. Consideration has been inspired by the recent flurry of reform suggested by the reports of the Law Commission on Corroboration, and on Hearsay, and of the Royal Commission on Criminal Justice, though it is not restricted to points relevant to those documents. The paper will challenge some general perceptions about the coherence and unity of the law of evidence, before going on to examine the diversity and volatility of the techniques available and eligible for use, both from the point of view of the analysis of the substance of the law, and from that of proposals for its reform.
Righting the Wrongs: How Best to Remedy Miscarriages of Justice
Authors: Thornton Peter 
Published: November 2023

Abstract
The present system of criminal justice provides no satisfactory way of dealing with alleged miscarriages of justice. Its defects include the weaknesses of the Home Secretary’s ‘reference’, the limitation of ‘fresh evidence’ appeals, judges who are reluctant to overturn jury verdicts and a Court of Appeal averse to ordering retrials. The result is a haphazard appellate system which is more likely to remedy a technical defect than to uncover an injustice.