bluuebunny/crossref_metadata_2025_split huggingface dataset:
Diversion in English and Dutch Juvenile Justice
Authors: Gelsthorpe Loraine , Nellis Mike , Bruins Jeannette , Vliet Annelies Van 
Published: November 2023

Abstract
Diversion has been a dominant thrust in juvenile justice policy for the past twenty-five years in England and Wales as well as in the Netherlands. In England, we can see the concept of diversion in embryonic form in the nineteenth-century debates about the establishment of separate institutions and courts for juvenile offenders.1 The ‘child savers ‘ sought to pro mote the welfare of children by diverting them from the heavy-handed criminal courts, the more formal court procedures, and contaminating gaols. At the same time, reformers sought to divert ‘pre-delinquents ‘ from a career of crime, by inculcating ‘appropriate ‘ moral and religious values in children.2 The concept of diversion employed in twentieth-century debates is no less complicated, though ironically, the aim in the past twenty-five years has been to keep juveniles out of the earlier systems of justice and welfare specially created for their reception.
Police Detention in the UK and in the Netherlands
Authors: Davenport Alan , Baauw Peter 
Published: November 2023

Abstract
The United Kingdom has two different sets of procedural rules for detention, those applicable to suspects arrested under the Police and Criminal Evidence 1984 (hereafter PACE) and those pertaining to people detained under the Prevention of Terrorism (Temporary Provisions) Act 1989 (here after PTA). This second statute, being specifically concerned with anti terrorist measures, has no direct parallel in the Netherlands and is the successor of legislation which came about because of events some twenty years ago. An earlier Prevention of Terrorism Act was brought into force in 1974 in an attempt to combat the activities of the Irish Republican Army (IRA), which at the time was conducting a campaign of bombings on the British mainland. On 21 November 1974, bombs went off in Birmingham, result ing in the loss of twenty-one lives and injuries to 162 people.1 The PTA 1974 was introduced into Parliament on 25 November and became law on 29 November, a remarkably swift passage through the legislature. The Act extended police powers in a number of areas and the then Home Secretary conceded that the measures contained therein were ‘... unprecedented in peacetime ‘, but nevertheless ‘... fully justified ‘ given the circumstances at the time.2 The legislation was to remain in force for a period of six months3 as it was intended to be a short-term emergency law, the existence of which would, it was hoped, cease to be necessary within a very short period of time.4
Witness Evidence, Article 6 of the European Convention on Human Rights and the Principle of Open Justice
Authors: Beijer Annemarieke , Cobley Ca1hy , Klip Andre 
Published: November 2023

Abstract
In any democratic society the principle that criminal procedures are carried out in public is considered to be of vital importance. Article 6 of the Euro pean Convention on Human Rights provides that ‘in the determination ... of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law .. . ‘ and that ‘everyone charged with a criminal offence has the following minimum rights: ... to examine or have examined wit nesses against him and to obtain the attendance and examination of wit nesses on his behalf under the same conditions as witnesses against him. ‘ Article 6 aims to protect litigants against the administration of justice in secret with no public scrutiny: By rendering the administration of justice visible, publicity contributes to the aim of Article 6---namely a fair trial, the guarantee of which is one of the fundamental principles of any democratic society, within the meaning of the Convention.1
Protection of and Compensation for Victims of Crime
Authors: Morgan Jane , Winkel Frans Willem , Williams Katherine S 
Published: November 2023

Abstract
Traditionally, the victim has not occupied a prominent position in the criminal justice system in either the Netherlands or England and Wales. But since the 1970s there has been a growing interest in both Europe and North America in victims of crime. During this period the nature of victimization and its extent has received widespread publicity. A great deal is now known about the effects of crime on victims, the needs that may arise from victimization, and the reaction of various agencies to those needs. Strategies to help victims have been developed. In November 1985, the United Nations General Assembly adopted a charter of victim rights the Declaration on the Basic Principles of Justice for Victims of Crime and Abuse of Power-and 157 governments declared their commitment to pro viding equitable treatment, access to justice, reparation, and services for victims of crime.1 In the USA victimologists have followed a largely rights based strategy-encouraging the passing of state and federal legislation to allow victims greater participation at all levels of the criminal justice pro cess.2 In Europe, by contrast, the major preoccupation has been with improvements in services to victims rather than with either victims ‘ rights or radical legislation on their behalf. The Council of Europe has taken a number of steps to encourage measures to improve the plight of crime victims: the European Convention on the Compensation of Victims of Violent Crime 1983; the Recommendation on the Position of the Victim in the Framework of Criminal Law and Procedure 19853 and recommendations
The Transfer of Prisoners with Special Reference to The Netherlands and the UK
Authors: Paridaens Desiree , Harding Christopher 
Published: November 2023

Abstract
One significant aspect of the ‘Europeanization ‘-or, better perhaps, ‘inter nationalization ‘-of national penal law relates to the possibility in recent years of the movement of convicted prisoners from one country to another in order to complete their sentences. But while this represents an import ant development in international co-operation in the penal field, the at tempts to establish the necessary mechanisms for transfer of sentences have also made clear some of the differences in penal policy between certain countries. A study of the implementation of a policy of prisoner transfers by the Netherlands and Britain is especially interesting in this respect in bringing to light differing assumptions about the role of the penal system and varying attitudes towards the purpose of international co-operation.
Dilemmas of Family Policy in Liberal States
Authors: Dingwall Robert 
Published: November 2023

Abstract
It has become a commonplace observation for Western social scientists that the transition to democracy of the former Communist states of Eastern Europe has created a unique laboratory for the study of social change. For the first time, a process which we can recognize contemporaneously as historic is taking place in societies which are relatively accessible and pose few of the personal risks run by students of regime transitions and modernization in the Third World. The peoples of Eastern Europe are recognizably our kin-and heirs to related languages and cultural experiences. Notwithstanding present economic difficulties, their countries have a measure of public order, the elements of a welfare state, and an infrastructure for the exchange of goods and services between the agricultural and industrial sectors. What distinguishes them from us is the legacy of Lenin’ s revolution, as disseminated by his successors behind the Iron Curtain created at Yalta.
Family Responsibilities and Inheritance in Great Britain
Authors: Finch Janet , Mason Jennifer 
Published: November 2023

Abstract
The topic of our chapter is inheritance-the transmission of assets (property, money, personal belongings) within families after someone has died or, sometimes, in anticipation of death. Though people may, and do, chose to leave assets outside their families-to charities, other organizations, friends, or neighbours-inheritance has always been regarded essentially as a family issue. Our chapter focuses exclusively on transmission of assets between relatives. In the past inheritance may have been regarded as a matter of interest only to a small minority of wealthy citizens, but no longer. Rising standards of living, and the spread of home ownership in particular (two-thirds of all households are now owner-occupiers), have ensured that large sections of the UK population belong to families where there is some thing significant to be bequeathed when a death occurs.
The Depth of Imprisonment: An Exploratory Study of The Netherlands and England
Authors: Downes David 
Published: November 2023

Abstract
They treat you like a human being. They say, ‘Enjoy your meal’, ‘Good morning’. They treat you like a man, they let you do things the way you like, they’re not always looking up your arse for drugs, they don’t guard you when you see the governor, with two warders either side. Even when you go to solitary, you take yourself there. You think, ‘It can’t be true, there must be a catch.’ But there isn’t. I just can’t believe they don’t despise you because you’re a criminal. In England, they punish you for being a criminal.
Man and Boy: The Violence of Enterprise
Authors: Hobbs Dick 
Published: November 2023

Abstract
After I got my first few bucks and the nerve to go shopping without my mother, I went to Benny Field’s on Pitkin Avenue. That’s where the wiseguys bought their clothes. I came out wearing a dark-blue pin-striped, double breasted suit with lapels so sharp you could get arrested for just flashing them. I was a kid, I was so proud. When I got home my mother took one look at me and screamed, ‘You look just like a gangster!’ I felt even better. It would be unwise to attempt to comprehend the lives of Danny, Chris, and Jimmy, without first assembling the intricate web of relationships between their identities and the structures that underpin their day-to-day existence. Crime for these three men is a tool they use to carve a slice of life’s loot. That their personal identities were obviously forged within family units that were explicitly patriarchal is self-evident. The economic base and subsequent strategies devel oped by the two families are qualitatively different, but both are situated around a cultural frame of tough, resourceful masculinity that transcends both economic epochs and generational responses to communal problems. Violence can func tion as a bridge between personal and economic universes, between the worlds of family and work, men and women, father and son. It is an enduring, emphati cally masculine resource that is not only inherited but also licensed by the family and all the other agencies that are part of the informal order of the market-place.
Issues in Concurrent Insolvency Jurisdiction: Comments on the Papers by Grierson and Flaschen-Silverman
Authors: Takeuchi Koji 
Published: November 2023

Abstract
Those of us concerned with achieving fairness and equality in international insolvencies have sought to tackle the formidable challenges raised by these issues, and have tried to develop rules, or at least practical guidance, for insolvency practitioners and the judiciary. The areas we have addressed include insolvency jurisdiction, recognition of foreign insolvency adjudications, conflict of laws rules (both substantive and procedural), and joint or consolidated insolvency administration for parent companies and their foreign subsidiaries. This task has been undertaken by insolvency practitioners and judges with a view to finding the right balance appropriate to the facts in each case. Although an international insolvency convention or uniform law covering all or some of these areas has long been an objective of this cooperative effort, the absence of such a convention or legislation has not hindered the development of international insolvency law.
The Mode/ International Insolvency Co operation Act: A Twenty First Century Proposal For International Insolvency Cooperation
Authors: Powers Timothy E 
Published: November 2023

Abstract
Businesses have expanded their operations throughout the world and governments have followed diligently with harmonized trade regulations, tax treaties, and even judicial cooperation conventions. Creditors have loaned funds across borders, investors have started buying securities around the globe and around the clock, and accordingly international regulation of lending and securities transactions is being discussed, if not yet enacted.
The Nordic Bankruptcy Convention
Authors: Bogdan Michael 
Published: November 2023

Abstract
On 5 June 1990 the European Convention on Certain International Aspects of Bankruptcy (the European Bankruptcy Convention), elaborated within the framework of the Council of Europe, was signed in Istanbul. A somewhat more advanced and detailed bankruptcy convention is being prepared within the European Communities. It seems to me, however, that the best example of a successful multilateral instrument in this area is the Convention between Denmark, Finland, Iceland, Norway, and Sweden regarding bankruptcy of 7 November 1933 (the Nordic Bankruptcy Convention)2 whose sixtieth birthday will be celebrated this year.
The Judges Speak: A Panel Discussion
Authors: Garrity Judge James L 
Published: November 2023

Abstract
The following transcript is a written version of the questions put and answers given by three of the judges participating in a panel discussion at the concluding session of the conference on 26 June 1993.1 The questions were prepared by Ron Robertson, QC, a member of the Toronto bar and a leading insolvency practitioner, who also chaired the session.
Argentina
Authors: Williams Maureen 
Published: November 2023

Abstract
Unlike common law countries, the Argentine Republic does not have any such doctrine. Be that as it may, Argentine courts and tribunals do have in mind the existence of more appropriate for a to deal with a given case. To claim the existence of a more suitable forum is a possibility—albeit infrequent in Argentine case law—open to the defendant. One of the very rare occasions on which a court spoke of a convenient forum was in Elbert Clemens v. Buque Pavlo.
Perhaps the Argentine has not grown enough yet to create the right situation for a doctrine of this nature to gain ground. An incipient trend in this direction may be perceived, given the present conditions of a free market economy which had not been the case for the last fifty years (with very brief exceptions).
France
Authors: Gaudemet-Tallon Hélène 
Published: November 2023

Abstract
The theme approached herein is disconcerting for any French lawyer: a priori, the French legal system determines whether the judge has jurisdiction or not. If he has jurisdiction, he must rule and cannot ‘decline to exercise his jurisdiction’. The expression forum non conveniens is extraneous to the French legal system; however, the latter knows about exceptions de litispendance (pleas of lis pendens) and connexite (related actions), both of which provide almost the only bases whereby the court may decide not to proceed with the case. It will be seen, though, that the plea is the object of definite conditions in domestic and private international law.
Japan
Authors: Dogauchi Masato 
Published: November 2023

Abstract
As there are no particular provisions for international jurisdiction in the Code of Civil Procedure, Japanese rules on this subject are governed by case law. The leading case on international jurisdiction in civil and commercial matters in Japan is the Malaysian Airlines System case in 1981 which recognized wide international jurisdiction of Japanese courts. Since this judgment, rules for declining jurisdiction have been developed.
The rules on jurisdiction in general will be dealt with in Part II. Then, in Part III the rules for declining jurisdiction as a general tool for adjustment will be discussed. Lis alibi pendens and other related matters will be dealt with in Parts IV and V.
There was only a small number of cases on international jurisdiction in Japan before World War II. Keeping pace with the internationalization of Japan, international civil and commercial disputes have increased rapidly in the past fifty years.
Complementary Medicine and the Law
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
The growth of complementary medicine over the past decade has been accompanied by calls for greater regulation. To date, discussions on regulation have confined themselves to the parameters set by orthodox medicine, and a result, critical issues which need to be more publicly aired have been overlooked. The first book to address this increasingly important topics, Complementary Medicine and the Law is a timely response to this need. The authors explore the way in which the law presently affects the practice of complementary medicine. At the heart of the book is a challenging of the notion that the legal and regulatory mechanisms which govern orthodox medicine form an appropriate model for the regulation of most complementary therapies. The patient-centred, holistic approach central to the theory and practice of many complementary therapies presents a unique problem for the law: the highly individualised, more intuitive, whole-person approach of complementary medicine is not amenable to the quantification and certainty required by the law. The authors argue that only by implementing a more dynamic form of ethics-directed regulation can the consumer be protected without sacrificing the unique contribution that complementary medicine has to make.
The Insider Dealing Directive
Authors: Edwards Vanessa 
Published: November 2023

Abstract
Much has been written about the theory of insider dealing and the need—or lack of need—for regulation. The traditional view is that it is undesirable for securities to be bought or sold by someone in possession of confidential information which is not generally known and which, if it were known, would affect the price; the traditional rationale is that investor confidence as a whole is undermined if potential investors fear that they will not be able to deal on an equal footing with others, and that this may ‘prejudice the smooth operation of the market’. The heterodox view, promoted in particular by Manne, embraces a number of elements: insider dealing is a victimless crime; by increasing the volume of sales it increases market efficiency; it is justifiable remuneration for executives.
Overview of Miscellaneous Draft Legislation
Authors: Edwards Vanessa 
Published: November 2023

Abstract
This chapter considers briefly the various company law instruments which have not been adopted: the draft Fifth Directive on the structure of public companies, the draft Ninth Directive on Groups of Companies, the draft Tenth Directive on cross-border mergers, the draft Thirteenth Directive on takeovers, and the draft Regulation for a European Company Statute with its complementary draft Directive on employee participation. Of these, the European Company Statute and the linked directive look increasingly likely to be finalized in the near future; the draft Fifth Directive on the structure of public companies and the draft Ninth Directive on Groups of Companies seem unlikely to be revived; and the others fall somewhere in between these two stages of legislative life. The draft Fourteenth Directive on the cross-border transfer of a company’s registered or head office is considered in outline in chapter XVIII.
Community Labour Law: A Critical Introduction to its History
Authors: Slmitis Spiros , Lyon-Caen Antoine 
Published: November 2023

Abstract
On 31 May 199 5 the European Court of Justice delivered its judgment in a case between the Danish Union of Semi-Skilled Workers (Special-arbejderforbundet i Danmark) and the Confederation of Danish Industry (Dansk lndustri) acting for Denmark’s leading porcelain manufacturer, the Royal Copenhagen company .1 About 70 per cent of the 1,150 workers employed in the production process were paid on a piecework basis. However, the rates for one group of employees, the ‘blue-pattern painters’, entrusted with the decoration of the porcelain and consisting almost entirely of women (155 out of 156), were substantially lower than, in particular, those of their fellow-workers employed in the exclusively male group of automaticmachine operators, i.e. ‘throwers’. In the union’s opinion this was a blatant infringement of the equal pay principle, an assumption rejected by Royal Copenhagen mainly, in view of the fact that the rates had been fixed by collective agreement.
European Collective Bargaining Levels and the Competences of the Social Partners
Authors: Treu Tiziano 
Published: November 2023

Abstract
Collective labour relations, and collective bargaining in particular, have so far lain outside the range of European Community law. The reasons are rooted more in the practice and politics of the Member States than in the law of the Community. Even before the Single European Act and before Maastricht, it would not have been impossible to justify legal intervention by the Community in many aspects of collective labour relations. Differences in industrial relations practices bring about differences in employment conditions: consequently, it could have been argued that the harmonization of national practices is important in order to avoid distortion of competition and/or to promote free movement of labour.
Economic and Social Cohesion and the European Social Fund
Authors: Dal-Ré Fernando Valdés 
Published: November 2023

Abstract
Of .all the structural funds which the institution now known as the European Union (EU) has organized to carry out policies aimed at modernizing, improving, and rationalizing productive structures, infrastructures, and services in the Community countries, the European Social Fund (ESF) is the only one whose creation has a constitutional basis; that is, it is covered by the primary legislation of the Community.
A Special Relationship?
Authors: Loveland Ian 
Published: November 2023

Abstract
This work is a collection of topical essays by many of the UK's leading public lawyers and centred on a single theme: the influence of US jurisprudence upon English Public Law. The contributors address a lively range of topics, while the introduction pulls the many and varied discussions and observations together and deals with a more general theory of the influence of US Public Law upon English Law.
‘Neither few nor Greek’
Authors: Brown Schuyler 
Published: November 2023

Abstract
Events in history often have consequences quite unforeseen by the human actors and certainly unintended by them. From innumerable sequences of cause and effect, the historian selects those which are historically significant, fitting into a pattern of rational explanation and interpretation. One of the principal historical consequences of the writings which we today call ‘the New Testament’ was the emerging consciousness of those who read and used them that they belonged to a movement which was distinct both from Judaism and from the multiplicity of other cults which existed in the Graeco-Roman world. In the latest writing contained in the New Testament, we see that the letters of Paul had already come to be regarded as ‘scripture’ (2 Pet. 3: 16; cf. Rom. 16: 26), on a par with the Old Testament books, which were the only ‘scripture’ which Paul himself had known. The formation of the New Testament canon in the second and third centuries would bring this process to its conclusion.
The History of David King of Kings
Authors: Thomson Robert W 
Published: November 2023

Abstract
When Sultan Melik ‘-sah heard this, he came and took back Samsoyte, ravaged Georgia, took captive Prince Ivane, and departed. In those days, while Georgi was in camp, he was visited by Grigor, son of Bakuran the lord of Uxtik ‘ and of Kars and of the city of Karin. He requested Kars from him, and the latter settled matters in his favour.