bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Principles and Policies of Contractual Construction
Authors: Mcmeel Gerard 
Published: November 2023

Abstract
Repugnant words may be rejected: omitted words may be supplied: words may be transposed: parentheses may be inserted: and false grammar or incorrect spelling may be disregarded: if the intentions of the parties sufficiently appear from the context. Over the last ten years there have been some eye-catching cases which have vigorously used the technique of contractual construction to correct errors in contracts and other documents: most famously, Investors Compensation Scheme Ltd v West Bromwich Building Society where parentheses and syntax were rearranged; more recently, The Starsin where some seventeen words from a standard form were read across into the botched Himalaya clause in the bill of lading before the court. Both cases also yielded important statements of principle. The former, of course, contains Lord Hoffmann’s famous five principles of contractual construction, probably known by heart by many commercial lawyers:
Construction and Rectification
Authors: Burrows Andrew 
Published: November 2023

Abstract
It is clear that there is a link between the construction of a written contract and its rectification. The common thread might be said to be that both techniques are concerned to ensure that the contract, as enforced, reflects the intentions of the parties. The construction of a contract achieves this by interpretation of the words used. Rectification achieves this by alteration of the words used. This chapter seeks to explore the modern relationship between the two. In particular, it seeks to answer the following difficult practical question: if, as appears to be the case, we have moved from a literalist to a more wide-ranging purposive or contextual approach to construction, to what extent has the necessity for rectification been correspondingly reduced? Put another way, when, if ever, does one now need to resort to rectification rather than construction?
Excluding Liability for Misrepresentation
Authors: Cartwright John 
Published: November 2023

Abstract
What is special about clauses which seek to exclude liability for misrepresentation? They have long been singled out as giving rise to particular difficulties. The statutory control of such clauses in the Misrepresentation Act 1967 precedes by a decade the first general control on contractual exclusion clauses, and is still retained as a separate—and in some respects more far-reaching—control. This may suggest that the exclusion of liability for misrepresentation poses a particular problem, and needs a particular solution. The purpose of this chapter is to consider whether this is so. The draftsman of an exclusion clause has a range of techniques available to achieve his object. The simplest form of clause excludes or limits the consequences of a liability once it has been established. However, an alternative form of clause seeks not to exclude an established liability, but to negate one or more elements of a claim—that is, to prevent the liability from arising in the first place.
Termination Clauses
Authors: Whittaker Simon 
Published: November 2023

Abstract
English contract law accepts a fundamental principle of contractual liberty, by which is meant at its most basic a general recognition in persons of full capacity of a power to create mutual rights and duties by agreement. But to what extent does this initial contractual power allow the parties to provide for one or either of them to terminate their contract (or, perhaps, certain rights and duties arising from their contract) by reason of the other’s breach? Does the parties’ initial bilateral power allow them to create a contingent unilateral power of termination overriding the rules which the common law would otherwise provide to govern these circumstances?
Violating The Polluter-Pays Principle? Two Case Studies Of United States Tax Incentives For Alternative Energy
Authors: Milne* Janet E 
Published: November 2023

Abstract
The polluter-pays principle often serves as a rhetorical touchstone of environmental policy, justifying the allocation of the costs of environmental improvement to the polluter. In its early formulation by the Organisation for Economic Co-operation and Development (OECD), the polluter-pays principle was clearly designed to ensure that the costs of compliance with regulatory measures would be paid by the polluter, not subsidized by government,1 although more recently it has taken on broader meanings.2
Environmental Regulation of Australian Energy Markets: Are Mandatory Renewable Targets Effective in Reducing Greenhouse Gas Emissions?
Authors: Cantley-Smith* Rowena 
Published: November 2023

Abstract
The Australian energy sector is characterized by an abundant, diverse mixture of primary and secondary energy resources. Plentiful supplies of traditional primary energy sources such as gas, coal, and uranium are supplemented by signifi cant oil resources and a variety of readily available renewable energies including hydro, wind, solar, and biomass.1 Secondary, or fi nal, energy sources such as electricity and refi ned petroleum fuels are also produced by the Australian energy sector.2 In economic terms, the energy sector has been a major contributor to the country’s overall prosperity, with recent energy exports amounting to more than AUD 24 billion per annum.3
Environmental Taxes in the United States
Authors: Richards* Kenneth R 
Published: November 2023

Abstract
Environmental taxes can be powerful and economically effi cient policy tools for protecting the environment.1 It is often asserted, however, that in choosing among incentive-based environmental policy instruments, the USA favours marketable allowances while Europe favours taxes.2 This may be true, but it is also a bit misleading if it is taken to suggest that the USA does not employ environmental taxes at all. In fact, the USA has applied environmental taxes in many areas, including transportation, hazardous and solid waste, and water protection. Moreover, all levels of government—federal, state and local—have employed taxes that directly or indirectly protect the environment.
Considerations Against Tax Incentives for Energy from Open-Loop Biomass
Authors: Sprohge Hans , Kreiser Larry , Butcher Bill , Sirisom Julsuchada 
Published: November 2023

Abstract
Energy from open-loop biomass should not be subsidized by taxpayers. There is no generally accepted defi nition of the term ‘biomass’. The term ‘biomass’ has been applied to virtually any one of innumerable substances containing carbon. Each form of biomass as a source of energy has problems associated with it that are unique to that particular form of biomass. Energy from municipal solid waste (biomass) has problems associated with it that are unique to it. Energy from car tyres (biomass) has problems associated with it that are unique to it. The term ‘biomass’ is so broad that a discussion of the reasons why each substance to which the term is applied is not feasible in this format.
Towards an International Certifi cate System—The Stimulating Example of Belgium
Authors: Verhaegen Karolien , Meeus Leonardo , Belmans Ronnie 
Published: November 2023

Abstract
Two of the most important drivers of the current European Energy Policy are competitiveness and environmental protection.1 The former is put into practice by the liberalization and the creation of the European Internal Energy Market (IEM). These are top down processes driven by the directives of the European Parliament and of the Council. The directives lay down the general conditions that should be in place to assure the creation of the IEM in Europe but refrain from designing a concrete market organization.2
Green Subsidies: Politically Popular, Economically Costly, Environmentally Ambiguous
Authors: Görres Anselm , Cottrell Jacqueline 
Published: November 2023

Abstract
This chapter discusses the advantages and disadvantages of green subsidies; subsidies geared towards supporting projects or other actions that facilitate environmental protection, in relation to environmental taxation and other instruments. It also discusses environmentally harmful subsidies and analyses them in the context of market-based instruments for environmental protection and climate change mitigation. The chapter examines these factors on both a general theoretical level, examining the role of subsidies within the instrument debate, and takes a brief look at the German and British cases to highlight many of the theoretical arguments.
Tax Incentives Policy for Fuel Effi ciency: Does it Really Work?
Authors: Tavallali Rahmat , Lee Paul 
Published: November 2023

Abstract
Since the oil crisis of 1973, and as part of energy conservation plans, all US presidents have promised and proposed a set of tax incentives for fuel effi ciency. These incentives are aimed at improving the fuel effi ciency of motor vehicles as well as encouraging car manufacturers to design vehicles which use less fuel. The underlying objective of these measures is to achieve an overall reduction in petroleum consumption thus enabling the USA to cut its costly dependence on finite petroleum reserves.
Direct Discrimination
Authors: Keen Spencer , Oulton Richard 
Published: November 2023

Abstract
There were no provisions relating to direct discrimination in the DDA 1995 as originally enacted. Specific provisions relating to direct discrimination were only introduced into the DDA 1995 with effect from 1 October 2004 in order to comply with the Framework Directive. Partly for this reason, and partly because the test for direct discrimination is a restrictive one, there have been very few cases in this area. A person directly discriminates against a disabled person if, on the ground of the disabled person’s disability, he treats the disabled person less favourably than he treats or would treat a person not having that particular disability whose relevant circumstances, including his abilities, are the same as, or not materially different from, those of the disabled person. This definition is broadly similar to the definitions found in the other equality statutes. Sex discrimination occurs when a woman is treated less favourably on the grounds of her sex. Race discrimination occurs when a person is treated less favourably on racial grounds. However, three points should be made.
Practice and Procedure in the Tribunal
Authors: Keen Spencer , Oulton Richard 
Published: November 2023

Abstract
Practice and procedure in the modern employment tribunal is increasingly complex. The rules governing procedure in disability discrimination cases are contained in Schedule 1 of the Procedure Regulations.This chapter provides an introduction to some of the more frequently encountered rules of procedure and to some of the important issues that arise in practice in disability cases. It deals with such topics as the statutory dispute resolution procedures, time limits, expert evidence and the burden of proof. A short introduction to procedure in the Employment Appeal Tribunal is also included. Tribunals have an overriding objective to deal with cases justly. This requirement was introduced into tribunal procedure for the first time in July 2001 following the introduction of the Civil Procedure Rules 1998. The overriding objective must be taken into account when interpreting the rules of procedure discussed in this chapter and when the tribunal exercises any power under those rules.
Dielectrophoresis
Authors: Bruus Henrik 
Published: November 2023

Abstract
Dielectrophoresis (DEP) is the movement of a charge-neutral particle in a fluid induced by an inhomogeneous electric field. This driving field can be either DC or AC, see Jones (1995). We begin our analysis by considering a DC field E. Moreover, we shall exclusively work with linear media such that the polarization P of the dielectric fluid is given by Eq. (8.12)
Thermal Transfer
Authors: Bruus Henrik 
Published: November 2023

Abstract
The theory of thermal transfer in microfluidic systems is complex. Even for the simplest case of a single fluid, all three governing equations must be taken into account leading to five coupled, second-order, partial differential equations for the scalar fields vx(r, t), vy (r, t), vz (r, t), p(r, t) and T (r, t), and the three principal parameters, viscosity η, thermal conductivity κ and density ρ all depend on temperature. In this chapter we shall study some simple, idealized cases that allow for analytical solutions, and that lead us to physical insight into the basic thermal phenomena in microfluidics.
Nanofluidics
Authors: Bruus Henrik 
Published: November 2023

Abstract
Nanofluidics is an emerging research field, which deals with fluid flow on the nanometer scale. It is being boosted by the ongoing development of nanotechnological tools and techniques, and it contains the potential for both basic research, e.g. an improved understanding of the limitations and ultimate breakdown of the classical continuum description of fluid dynamics for spatially confined liquids, as well as for technology, e.g. the development of devices for handling of single molecules in solution. In this chapter we shall study a few selected topics within nanofluidics.
Creating Corporate Reputations
Authors: Dowling Grahame 
Published: November 2023

Abstract
Recent research in business strategy suggests that corporate reputations are a valuable strategic asset for every company. Good reputations have been shown to help firms attain and sustain superior financial performance in their industry. This book outlines how high-status companies become corporate super brands, and it present managers with a framework to proactively enhance their corporation's desired reputation. While many books concentrate on advertising or corporate identity as the primary tools for reputation enhancement, this book provides a more expansive and realistic picture of what it takes to build a corporate super brand. One of its key contributions is that it emphasizes the roles of customer value and organizational culture in the reputation-building process and exposes the limitations of corporate advertising, sponsorships, and minor corporate identity change. Drawing on more than fifteen years of academic research, executive seminars, and consulting experience, Grahame Dowling suggests ways to improve the corporate reputations that different groups of stakeholders hold of your company. He also describes how to avoid many of the traps that catch unwary managers who try to improve their company's desired reputation.
Corporate Communication: What to Say
Authors: Dowling Grahame 
Published: November 2023

Abstract
Corporate advertising and sponsorship are often oversold as mechanisms for creating a better corporate image and reputation (as is corporate identity-discussed in the next chapter). Ralph Nader once made the comment: ‘I don’t care how many lobbyists [here read advertising] you have. If you’re weak in the streets, you’re weak.’ Nader’s advice reflects an age-old marketing ‘law’ that says that stakeholders, and especially customers, are more interested in what companies do for them than in what they say about themselves.
Work and Public Authorities: The Role of the State
Authors: Supiot Alain 
Published: November 2023

Abstract
In Western tradition, there is no durable social order without laws and institutions with which society can identify. The invention of the State in the Middle Ages and then of the Welfare State one century ago have given the West an institutional horizon to which to refer. It is that horizon that is lacking today, and it is too early to know whether we are witnessing a transition to a new kind of State or if the latter is destined to give way to other references on which social bonds are based.
Summary
Authors: Supiot Alain 
Published: November 2023

Abstract
In this survey, the expert group established by the European Commission’s DG V has attempted to take a cross-disciplinary and transnational approach to the evolution of labour law. Its aim was to bridge the gap between legalistic surveys of the evolution of positive law and the sociological, economic, and cultural approach to the realities of the working world, in an attempt to produce a description from a normative perspective of the links between law and new social practice. It was ultimately an exercise calling for an understanding of trends as much as for the actual drafting of proposals.
‘Fleshy Books’: Isaac Barrow and the Oratorical Critique of Cartesian Natural Philosophy
Authors: Stewart Ian G 
Published: November 2023

Abstract
Isaac Barrow (1630-77) has long figured in the landscape of early modern English science and theology, though more towards the periphery of that seventeenth-century watershed known as the Scientific Revolution than at its centre. More recent scholarship, however, indicates that in his own day Barrow was regarded as much closer to the centre as it was then conceived. In fact, one episode in Barrow’s life as a young scholar at Trinity College, Cambridge, clarifies the nature of that centre-viewed from the perspective of the mid-seventeenth-century university-and recaptures an aspect of natural philosophy as it was then pursued.
English Civil Procedure
Authors: Andrews Neil 
Published: November 2023

Abstract
This is a systematic and analytical account of the new system of civil procedure and justice in England and Wales. The book is both comprehensive and detailed, focusing in particular on the fundamental principles that underlie the post-Woolf system. These include the principles set out in the Woolf reforms themselves, principles relating to civil justice derived from the Human Rights Act and ECHR, and older common law principles that continue to apply. This book will provide a much-needed commentary to the Civil Procedure Rules.
Main Pillars Of The Woolf Reforms
Authors: Andrews Neil 
Published: November 2023

Abstract
This Section explains the background to the momentous changes of 26 April 1999, when the CPR took effect. The CPR is described as a new procedural code. But the text which came into effect on that date was the first part of a rolling programme of rule changes. Regular amendments and additions have appeared since then. In fact in the early years the rules were updated nearly every month by the Stationery Office, more usefully on CD-ROM.
Access To Justic
Authors: Andrews Neil 
Published: November 2023

Abstract
Access is the antithesis of exclusion. It implies unimpeded admission and open opportunity. In both the feature films concerning the Titanic disaster, third-class passengers frantically try to rush to the upper decks to escape the rising waters and to gain access to the life-boats. They are held back by locked gates and ship’s officers brandishing guns. Eventually these passengers smash down the gates, but in vain. Most perished in the North Atlantic because there were too few life-boats and the wealthiest on board had priority.
Parties, Set-Off, Part 20 Claims (Including Counterclaims) And Contribution
Authors: Andrews Neil 
Published: November 2023

Abstract
This chapter is concerned with various procedural matters which can complicate an ordinary action between claimant and defendant. Sections B, C and D concern procedural mechanisms or institutions which tend to add more issues or claims to the original claim; the similarity disclosed by Sections A and D is that they can increase the number of parties in the case. Section E, concerning interpleader proceedings, examines a special ‘tripartite’ form of litigation. Group actions and representative proceedings are examined in a later chapter.
Default Judgments
Authors: Andrews Neil 
Published: November 2023

Abstract
Judgment by default is an important means of accelerating the legal process. A claimant can obtain judgment despite his opponent’s procrastination, inefficiency, indifference or obstruction. In fact, a defendant’s failure to defend is often equivocal: it might indicate that the defendant implicitly admits that he has no defence to the claim; or it might indicate that, although the defendant has a defence, or at least believes that he has, he has inadvertently failed to respond to the claim.1 An explicit admission of liability will occur only when the defendant acknowledges service but states that he has no intention to defend.
Part 36 Payments And Offers To Set
Authors: Andrews Neil 
Published: November 2023

Abstract
This chapter is concerned with the intricate system of Part 36 payments (formerly known as’payments into court’), and cognate Part 36 settlement offers. Payments into court are made by defendants (or claimants facing a counterclaim for money). Part 36 offers can be made by defendants or claimants, or by both, and they can be made by prospective litigants. By making such a payment or offer, a party (or in the case of Part 36 offers sometimes a prospective litigant) seeks to increase the pressure upon the opponent to settle the case.
Settlement Negotiations And Privilege: ‘Without Prejudice’ Communications And Conciliation Privilege
Authors: Andrews Neil 
Published: November 2023

Abstract
Expansion of exceptions [to this privilege] should not be encouraged when an important ingredient of Lord Woolf’s reforms of civil justice is to encourage those who are in dispute to engage in frank discussions before they resort to litigation. A person who genuinely engages in settlement negotiations with the other side can be assured that the contents of those negotiations will be protected against compulsory disclosure in both the present and any future legal proceedings.
Legal Professional Privilege
Authors: Andrews Neil 
Published: November 2023

Abstract
Rix J (as he then was) has held that the test of ‘dominant purpose’ which was at first applied to confine the scope of ‘litigation’ privilege applies to the category of legal advice between lawyer and client, that is, legal consultation which is not necessarily given during or in contemplation of litigation.21 Therefore, a communication must be predominantly for the purpose of obtaining or giving legal advice.
Conditional Fees And Funding
Authors: Andrews Neil 
Published: November 2023

Abstract
We have seen in another chapter that formal access to the civil system of procedure is an empty, or at least nugatory, right unless potential claimants also enjoy effective or economic access to justice. The question of ‘funding’ civil claims has become a free-standing aspect of civil justice. This complex and practical subject has its own literature. In Section B of the present chapter, we start with the brave and relatively new institution of ‘conditional fee agreements’ (‘CFAs’). These were introduced by Government to bear the main burden of providing effective or economic access to justice.
Enforcement
Authors: Andrews Neil 
Published: November 2023

Abstract
Although this is not an independent principle of procedure, the concept of ‘privacy’, which is embodied in Article 8 of the European Convention on Human Rights, provides an important restraint upon the process of enforcement; it supports, notably, a person’s prima facie right to undisturbed enjoyment of his domestic premises; ‘privacy’ might also become relevant if attempts are made to inquire deeply and systematically into a defendant’s financial affairs.
Multi-Party Proceedings
Authors: Andrews Neil 
Published: November 2023

Abstract
After discussion of consolidated proceedings, attention will turn to ‘Group Litigation’. The latter is the main form of English multi-party procedure. Group actions can involve large numbers of parties who accede to the main stem of litigation when pursuing claims or defences. Such co-ordinated actions are intended to act as a surrogate for a mature system of ‘class actions’. Group actions differ from class actions because the group litigant is a member of a procedural class as a party rather than as a represented non-party.