bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Districtjudge’s Role at Small Claims Hearings
Authors: Baldwin John 
Published: November 2023

Abstract
At the time of writing, there are over 350 permanent district judges sitting in county courts in England and Wales and over twice as many deputy district judges.1 These are the judges who conduct small claims hearings, and, in common with small claims adjudicators in other parts of the world, they have been encouraged to intervene to an increasing extent at small claims hearings. Publication both of the Report of the Review Body on Civil Justice in l 988 and of the interim report of the Woolf Inquiry in l 995 has given considerable impetus to this devel opment.2 The Civil Justice Review Body had noted in a consultation paper that there was considerable hesitancy on the part of many registrars (the forerunners to district judges) in playing a truly inter ventionist role, and it was evident that some of them were stuck in an adversarial rut.
The Enforcement of Small Claims Judgments
Authors: Baldwin John 
Published: November 2023

Abstract
This book ends on a somewhat sour note. While the study that has been described in these pages has shown that small claims procedures in England and Wales operate in the main to the satisfaction of the participants, the same cannot be said of the enforcement of judgments. If, after judgment, the defendant does not pay the plaintiff within the time period specified by the court, the plaintiff may seek to enforce the judgment by requesting that the court take action against the defendant. Many plaintiffs have such bad experiences at this stage that it causes them to re-appraise the value of pursuing small claims in the first place. Indeed, a number become so jaundiced and disillusioned as a result of their failure to enforce the court’s judgment that they say that they would not contemplate using the small claims procedure again in the future.
Conclusion
Authors: Baldwin John 
Published: November 2023

Abstract
During the four years in which the research reported in this book was being conducted, the role of the small claims regime has been trans formed in England and Wales, and it has become much more promi nent in the debate about the future shape of civil justice. Over that period, this debate has been conducted more vigorously than at any time in the previous twenty years, and, as the unprecedented rise in the small claims limit to £3,000 has demonstrated, the outcome of this debate has proved decisive. From a position of substantial agnosticism, the writer has himself become increasingly convinced, as this study has proceeded, of the merits of the small claims procedure.
Models of the Criminal Process
Authors: Choongh Satnam 
Published: November 2023

Abstract
This chapter examines various attempts which have been made to discern and explain the rationale underlying the legal rules and organisational practices which make up what is commonly referred to as the criminal justice system. The first section sets out the thesis of the American writer, Herbert Packer, that all such rules and practices are explicable by reference to his two ‘models’ of the criminal process, ‘Crime Control’ and ‘Due Process’. The second section explains how many of those who have written about English pre-trial process have been influenced by Packer’s work, and how the debate about criminal justice is still being conducted within the boundaries of the crime control/due process analysis. The third section presents the argument that the two models, although conflictual in many ways, share a profound commonality in that they are both legal models. The chapter concludes by arguing that neither model explains the full range of police motivations, objectives and behaviour.
Fairness, Social Discipline and Reform
Authors: Choongh Satnam 
Published: November 2023

Abstract
The present study sought to judge the fairness of police station procedures from the suspect’s perspective, and as part of this endeavour gathered data on the issue of police compliance with PACE and the impact of police powers on suspects. These data have been set out in detail in the preceding chapters, and in most instances they tend to suggest that PACE has done little to improve the position of suspects. The purpose of this chapter is to summarise and draw upon the main research findings on specific aspects of PACE in order to address the issue of fairness at a more general level. In this context, the fairness of rules and procedures is judged in two ways: by the extent to which they enhance reliability, and by the degree to which they protect citizens from coercive treatment.
Sexed Work
Authors: Maher Lisa 
Published: November 2023

Abstract
This is the first detailed account of the economic lives of women drug users. It is located at the boundaries of three disciplines - criminology, anthropology, and sociology - and based on three years of in-depth ethnographic fieldwork in New York City. Set in a neighborhood plagued by drug use and AIDS, the book reveals the economic lives of a group of women whose options have been severely circumscribed, not only by drug use, but also by poverty, racism, violence, and enduring marginality. It is a fascinating account, with Maher drawing extensively on the women's own words, describing how structures and relations of gender, race and class, are articulated by divisions of labour in the street-level drug economy. The book challenges the impoverished set of characterizations which dominate the literature, critiquing both feminist and non-feminist representations that view women lawbreakers as driven by forces beyond their control. It graphically illustrates the role of the drug economy as a site of cultural reproduction by drawing attention to the specific practices by which gender and race dimensions of inequality are constituted and contested in street-level drug markets. This is a rich, nuanced, and theoretically sophisticated study of "crime as work" which will be compelling reading for all those interested in the ways in which women deal with the intersection of gender, race, and work.
Gender, Work, and lnformalization
Authors: Maher Lisa 
Published: November 2023

Abstract
Previous studies of illicit drug use, distribution, and related activities have been, for the most part, over-determined by the psycho pharmacological paradigm. The predominance of this paradigm has produced a powerful ideological trope which organizes and diffuses broader cultural anxieties. In attributing the negative effects of drugs to a combination of individual pathology and the pharmacological properties of particular substances, this trope inscribes a particular meaning of drug use. Although, in more recent times, its referents have shifted away from the notion of ‘addiction ‘ to embrace a concept of ‘dependence ‘, dependency is little more than a euphemism for addiction (Moore, 1992). Both addiction and dependency function as ‘keywords ‘ (Williams, 1976) in popular and academic discourse on illicit drugs. Together, they constitute a powerful ‘common sense ‘ (Gramsci, 1971) which legitimizes a particular reading of drug use while simultaneously obscuring the possibility of alternative readings.The depiction of drug users as addicted and dependent has produced a reading organized around notions of passivity, inadequacy, and escapism and has led to the assumption that drug users are, by definition, marginal to economic and occupational life (Cloward and Ohlin, 1960; Chein et al., 1964). Drug users have been portrayed as lazy, amotivational, and parasitic on the formal economy. Bereft of basic normative values, their income generating activities have been characterized as impulsive, random, and pharmacologically-driven.
Jobs for the Boys: Street Hustles
Authors: Maher Lisa 
Published: November 2023

Abstract
This chapter focuses on women ‘s involvement in a range of income generating activities which, while clearly drug-related, are not confined to the drug economy or its participants. These non-drug hustles fall into two categories: ‘criminal ‘ hustles and ‘unlawful ‘ hustles. ‘Criminal hustles ‘, such as street crime, are those activities which are prohibited by criminal law per se and cannot legally be under taken in any other economic sector. In distinguishing unlawful hustles from criminal hustles, this chapter relies on the conventional definition of ‘informal sector ‘ activity as that which is marked by the absence of state regulation (Castells and Portes, 1989; Sassen, 1991). Unlawful hustles are those acts of income generation which could theoretically be undertaken in the formal economy if appropriate regulatory conditions (e.g. paying taxes, obtaining licenses, registering businesses, having premises and work conditions subject to state oversight) were met. They constitute the ‘unregulated production of otherwise licit goods and services ‘ (Castells and Portes, 1989:15) and are unlawful, not per se, but because regulatory conditions are not met. Their unlawfulness stems not from the activity itself but from the failure to observe the stipulated regulations (Williams, 1967).
The Inter-American Commission on Human Rights: its Organization and Examination of Petitions and Communications
Authors: Cerna Christina 
Published: November 2023

Abstract
The Charter of the Organization of American States (OAS) was adopted in 1948 at the Ninth International Conference of American States held in Bogota, Colombia, fifty-eight years after the inter-American system was established. At the same Conference, the States of the American region also adopted the American Declaration of the Rights and Duties of Man (hereinafter ‘American Declaration’), a human rights Declaration similar in inspiration and purpose to the United Nations Universal Declaration, but which ante-dated the Universal Declaration by six months The American States proclaimed the fundamental rights of the individual, but the American Declaration, which defined those rights, was not intended to be legally binding upon the member States of the Organization.
The Role of Country Reports in the Inter American System of Human Rights
Authors: Medina Cecilia 
Published: November 2023

Abstract
The power to prepare country reports is vested in the Inter-American Commission on Human Rights (hereinafter the Commission), an organ that operates under both the American Convention on Human Rights (hereinafter the American Convention) and the Charter of the Organization of American States (OAS). The Commission has, unlike other international supervisory organs in the field of human rights, an extensive and varied range of powers. These are exercisable in respect of all OAS member states, whether parties to the American Convention or not.
The Operation of the Inter-American Court of Human Rights
Authors: Trindade Antonio Augusto Can&lt;Ado 
Published: November 2023

Abstract
The Inter-American Court of Human Rights is an autonomous judicial organ, established by the 1969 American Convention on Human Rights for its interpretation and application, whose main purpose is to judge cases of alleged violations of the human rights protected thereunder. Following the entry into force of the American Convention (on 18 July 1978), the States Parties elected, at the Seventh Special Session of the OAS General Assembly (on 22 May 1979), the first Judges to compose the Court, which held its first meetings on 29 and 30 June 1979 at the OAS headquarters in Washington DC. The ceremony of installation of the Court in its seat, San Jose, Costa Rica, took place on 3 September 1979.
The Interaction between the Political Actors of the OAS, the Commission and the Court
Authors: Gomez Veronica 
Published: November 2023

Abstract
International or regional organs for the protection of human rights tend to be prisoners of the unending paradox of having been created and being nourished directly by the subjects they are meant to control. Although they may confer a number of powers on these organs, states both retain control over their functioning, by electing their members and allocating their budgets, and may play an important role in enforcing their decisions. This paradox may create institutional and political tension and thus interfere with the work of these organs and their effectiveness. The inter-American system of human rights protection is an interesting scenario for the analysis of this kind of tension.
The Protection of Economic, Social and Cultural Rights under the inter-American System of Human Rights
Authors: Craven Matthew 
Published: November 2023

Abstract
In a region beset by political strife and instability and marked by wide spread violence, it is perhaps not surprising that the predominant focus of human rights concerns has been the traditional ‘liberal’ rights and freedoms. The almost endemic problems of torture, arbitrary detention, forcible disappearances, and denial of political participation have all tended to encourage a myopic vision of human rights that has excluded from view problems of a broader nature, and particularly those relating to economic, social and cultural rights.
The Inter-American Human Rights System at the Dawn of the New Century: Recommendations for Improvement of its Mechanism of Protection
Authors: Trindade Antonio Augusto Cantçado 
Published: November 2023

Abstract
The idea of a general revision of the inter-American system of human rights protection seems to have lately been gathering momentum in the American continent, aiming at the improvement of its mechanism of protection. A Seminar of Experts to that effect was held by the InterAmerican Commission on Human Rights on 2-3 December 1996 at the headquarters of the Organization of American States in Washington DC. This Seminar was preceded by another event, the Conference of Experts on the Future of International Human Rights, co-sponsored by the Inter American Institute of Human Rights and the International Rule of Law Institute of George Washington University, which was held in Washington DC, 20-22 May 1996, and which also dwelt upon the subject of the perspectives of the inter-American system of protection in particular.
Law, Public Services, and Citizenship-New Domains, New Regimes?
Authors: Freedland Mark 
Published: November 2023

Abstract
In the academic year 1995---6, the European University Institute devoted its annual Forum to the subject of citizenship, the principal focus being on European Community citizenship; this created the opportunity to organize workshops on topics relevant to the subject of citizenship. It was decided to organize a workshop which had the purpose of exploring the idea of citizenship in labour law and public law, especially in relation to public services. The notion that this was a useful and coherent subject for discussion was a matter far more of intuition than of evidence; and the group of people we invited to participate in this workshop was decidedly heterogeneous in terms of their interests and intellectual backgrounds.
Citizenship and Public Services-Some General Reflections
Authors: Amato Giuliano 
Published: November 2023

Abstract
Mediaeval legal systems laid down, in their extraordinarily rich fabric, a number of guiding threads for the future. The first that should be mentioned here is the identification of the function of government not with administration but with adjudication of complaints and disputes between private individuals. This was the embryo of the jurisdictional function, but as exercised initially by the King. And it was therefore the King who injected into it the characteristic features of the function of government and the typical manifestation of the State. A second embryo, which history was to correlate with the first but which, to start with, merely existed alongside it, was the development of the principle whereby economic activities of collective interest (the forerunners of public services) did not axiomatically fall within the public domain but remained part of the private sphere.
Labour Law-a Bridge between Public Services and Citizenship Rights
Authors: Sciarra Silvana 
Published: November 2023

Abstract
One of the aims of this book is to construct a new paradigm and adopt it as a frame of reference for the formulation of new citizenship rights. The novelty of such rights consists in the fact that they are dependent on the contract of employment, thus coinciding with a traditional, albeit not exhaustive, definition of social rights; they should also be seen as a precondition for the granting of public service status, which has been widely analysed earlier in the book, especially in those chapters employing the language and methodology of public law. This paradigm is at the moment mainly a descriptive one, although the ambition is that it might acquire a normative relevance and influence policy-making, at both a national and a supranational level.
Sources of Law
Authors: Amerasinghe C F 
Published: November 2023

Abstract
Manuals i. 62. The conclusion thus reached that the procedure followed in this case is so defective as to render null and void the decision taken against the Applicant and to lead the Tribunal to order its rescission is by itself sufficient to dispose of the application and to support the remedial measures which the Tribunal will order. However, since the Tribunal is also empowered to consider the sub stance of the case made by the Bank against the Applicant, it does not wish to leave any impression that, although the disciplinary measures taken against the Applicant are being quashed on procedural grounds, there remains any basis on which the Applicant can still be thought to have commit ted the misconduct alleged against him.63.The Tribunal finds that the Applicant cannot be responsible for a failure to take corrective action as soon as he learned of the removal of the copper when there is no proof that he heard of the matter before May 1, 1991, when there isproof that he reported the matter to his superior, Mr. B, virtually immediately and when there is also evidence that in all likelihood Mr. C had been informed of the matter even before May 1 and within a week or ten days of May 2 and had directed Mr. B to do nothing pending further instructions.
Salary Adjustment
Authors: Amerasinghe C F 
Published: November 2023

Abstract
General i.39. The Applicant appears to claim that the manner in which the various constituent departments of the Bank contributed to her salary and benefits was of importance to her and should have been told to her. The Tribunal finds that, so long as the Applicant was paid regularly and was entitled to such, it is not a ‘condition of employment’ that her Vice Presidential Unit paid 75% (and a centralized Bank fund paid the other 25%) rather than 100%.
Introduction
Authors: Jarvis Malcolm A 
Published: November 2023

Abstract
The decentralized system for the application and enforcement of European Community (EC) law has the result that the national courts are the natural forum for its application. The need to entrust the application of EC law to the national courts of Member States of the European Community is not only a necessity, but also a reality. The volume of national court case law applying the provisions of substantive EC law confirms that the national judge is indeed the ‘juge communautaire de droit commun’.
Reverse Discrimination And Purely National Measures
Authors: Jarvis Malcolm A 
Published: November 2023

Abstract
It has been shown how the ECJ has interpreted Article 34 to conclude that only discriminatory national provisions are prohibited by that Article. Thus, national measures which apply to all goods, irrespective of their destination, do not breach Article 34 even if they impede the ability of national goods to penetrate the markets of other Member States.
Preliminary References to the ECJ under Article 177 EC
Authors: Jarvis Malcolm A 
Published: November 2023

Abstract
The contribution of the procedure on preliminary rulings contained in Article 177 EC to the development of the Community’s legal order is widely recognized and celebrated. Article 177 provides for a mechanism whereby the national courts may, in cases pending before them, refer questions on the interpretation of EC law to the ECJ for a ruling. After the ECJ’s preliminary ruling, the case then returns before the national court where the interpretation of EC law handed down by the ECJ is applied to the facts of the case.
The Classification of Obligations
Authors: Birks Peter 
Published: November 2023

Abstract
This is an important book which explores the classification of obligations. This is a very topical subject since the professions only started requiring Obligations in the compulsory core as recently as October 1995. It is fitting that it is examined here by contributors who are among the best-known writers in this field. The contributions include A New 'Seascape' for Obligations: Reclassification on the Basis of Measure of Damages by Jane Stapleton; Basic Obligations by James Penner; and an essay by Peter Birks himself entitled, Definition and Division: A Meditation on Institutes. These essays combine practical and academic perspectives which usefully highlight contemporary trends in the law of obligations. The book will be a valuable addition to the libraries of all teachers involved in this area of law.
Is There a Future for the Intentional Torts?
Authors: Howarth David 
Published: November 2023

Abstract
The question posed by this Chapter is a simple one: to what extent does it make sense in English law to distinguish between intentional and uninten tional torts? The Chapter assumes that, all other things being equal, the smaller the number of theories of liability the better, since a smaller number makes for greater clarity about the underlying purposes of the law and thus is more likely to provide sustainable answers to novel legal questions. The assumption is driven not just by a desire for elegance, but by the conviction that law will not fulfil its promise of restraining state power by rational argument if it includes an excess of inexplicable distinctions and categories resting solely on authority. We shall therefore assume that there is a presumption against retaining separate heads of liability.
Liberty, Due Process, and the Pursuit of Happiness
Authors: Smull Michael W , Parsley Luciene 
Published: November 2023

Abstract
Adults in our society largely determine their own lifestyle. Within the broad boundaries imposed by law, societal customs, and personal resources, how each person lives is up to that person. Each person considers both what is important to and what is important for him or her and makes decisions with the goal of achieving a self-defined positive balance. For people with significant intellectual disabilities this process has been truncated. What is considered and what determines lifestyle choices is what is important for the person. For those who receive government-funded services, this decision-making process has been largely vested in a group of paid staff, referred to as an interdisciplinary team. The professionals who serve on these teams have had the burden of not only determining what services a person should receive, but also what his or her life circumstances or lifestyle will be. It is time to revisit these responsibilities.