bluuebunny/crossref_metadata_2025_split huggingface dataset:
Access to Justice: Lessons from Tribunals
Authors: Sainsbury Roy , Genn hazel 
Published: November 2023

Abstract
In this chapter we wish to raise the profile of administrative tribunals in the debate about how to improve access to justice. It is often not appreciated that far more people have dealings with tribunals than ever come before the courts. Our aim therefore, is to examine whether there are lessons for the courts from our knowledge of how tribunals have developed over many years, and of their performance as bulk providers of justice. In setting ourselves this task we are able to draw on an eclectic array of tribunals, some of which have existed in one form or another since the early years of this century (such as social security tribunals) while others are very recent arrivals (such as the Special Educational Needs Tribunal, established in 1993).
Responses to Crime
Authors: Windlesham Lord 
Published: November 2023

Abstract
The impact of public opinion on criminal justice policy is the highly topical theme of Lord Windlesham's third volume of Responses to Crime. Like the first two volumes, Legislating with the Tide provides a readable and scholarly analysis of the development of contemporary penal policy. The political contents are examined; the role of the mass media weighed; and the translation of powerful tides of opinion into enforceable law compared in recent legislation aimed at combating crime in England and in the United States. The American example of the effects of populist-inspired sentencing reforms offers a timely warning to English policy-makers. The importance of the steps toward gun control promoted by President Clinton, one of the most high risk policies for any American elected politician, are shown in the recent tragedies of the mass shootings in Scotland and Tasmania. Also topical are the chapters on life sentences, appeals in cases of miscarriage of justice, and compensating victims of crime, each of which demonstrate the heightened significance of judicial review by the courts of ministerial decisions. For general readers with an interest in current policies towards crime and the punishment of offenders, as well as for all those directly involved in the processes of criminal justice, this book will be an indispensable guide. Lord Windlesham writes about criminal justice from his experience as a former minister at the Home Office and Northern Ireland Office, and as Chairman of the Parole Board for England and Wales for six years in the 1980s. He is Principal of Brasenose College, Oxford, and President of Victim Support. In 1995 he was awarded the degree of D.Litt by the University of Oxford for his studies in Criminal justice.
Trade and Environmental Law in the European Community
Authors: Ziegler Andreas R 
Published: November 2023

Abstract
This book offers the most up to date and comprehensive overview yet published of the European Community legal mechanisms and rules concerning the relationship between the establishment of the Single European Market and the development of international European and domestic environmental law. The author outlines the legal mechanisms of the EC Treaty and shows how they seek to create a balance between economic and environmental interests. Part one elaborates on the EC Treaty's principles governing the relationship bewteen the Single European Market and domestic environmental policy instruments. Besides the rules governing the free movement of goods (Articles 9, 12, 30-36), including the rules applicable to environmental taces (Article 95), it gives an overview of the EC's policies in the fields of green-state aids (Articles 92 etc) and competeition policies. Part two looks in detail at the harmonization of European environment related policy both for the creation of the Common/Single European Market and the development of a genuine European Environmental policy. It also looks closely at related areas such as agriculture, transport, the common commercial policy, external relations and the all important area of international environmental treaties.
Integration of Trade and Environment
Authors: Ziegler Andreas R 
Published: November 2023

Abstract
The co-ordination of trade liberalization and environmental protection is one of the biggest challenges facing all existing trade agreements1 today. Since World War II the liberalization of trade has been one of the main objectives of inter national relations and politics. The protection of the environment, on the other hand, has become a priority only in the last twenty years, since the 1972 UN Environmental Conference in Stockholm. In recent years there has been increasing discussion about the compatibility of liberalized trade and environmental protection and the limitation of either in the interests of the other.
The Conditions for Domestic Environmental Measures
Authors: Ziegler Andreas R 
Published: November 2023

Abstract
Despite the different legal concepts underlying Article 36 and the rule of reason, the Court of Justice uses a very similar test when applying them to domestic measures. In the view of the Court, the conditions, as laid down in Article 36’s second sentence, are also applicable to the rule of reason. In its abundant case law the Court has basically developed four conditions.
First, the national measure has to regulate an area where no exhaustive Community secondary law exists or where the latter leaves the Member States with the opportunity to adopt additional rules. Article 36 and the application of the rule of reason can only be invoked for objectives which are not already comprehensively covered and sufficiently guaranteed by Community law. Community law may, however, provide exceptions where diverging national measures are employed in spite of an existing harmonization at Community level.
Selected Community Policies and the Environment
Authors: Ziegler Andreas R 
Published: November 2023

Abstract
Since the entry into force of the Single European Act Articles l 30r to l 30t have finally introduced an explicit environmental policy into the Treaty. In spite of the harmonization of environmental measures under Article 130s the Member States may apply or introduce more stringent national measures under Article l 30t. These must be notified to the Commission. If deemed appropriate Community measures under Article 130s include specific safeguard clauses allowing diverging national measures, subject to a Community inspection procedure: Article 130r(2).
External Relations and Environmental Protection
Authors: Ziegler Andreas R 
Published: November 2023

Abstract
Environmental protection in many cases requires multilateral co-operation and negotiations within international bodies. This co-operation can lead to multilateral environmental agreements (MEAs). The Community has concluded many of these MEAs, usually together with the Member States as so-called ‘mixed agreements’. Before the coming into force of the Single European Act all Council decisions to conclude international environmental agreements were based on Article 235 EC. Now Article 130r(4) EC provides specific Community competence for international co-operation for the protection of the environment. International agreements are usually implemented internally by Community regulations to ensure a homogeneous application. Most of these agreements or the respective implementing regulations allow Member States to adopt more stringent measures.
The Evolution of the Multi-agency Approach to Violent Racism
Authors: Bowling Benjamin 
Published: November 2023

Abstract
Coordination (like other kinds of reorganisation) can become a tool in out right power struggles over control, priorities, or resources within the social service system. Each group with a stake in how social services are organised is interested in coordinated linkages that operate to its own relative advantage. Naturally, ideas about appropriate and effective coordination conflict. . . . Sometimes these conflicts are realty over questions of coordination. At other times the call for reform premised on the assumption of coordination is simply a way to fight other battles [Martin Rein, 1983].
Torture and the Liberal Democratic State: Three Modern Case Studies
Authors: Evans Malcolm D , Morgan Rod 
Published: November 2023

Abstract
In the period after 1945 the opening of the Cold War belied the hopes which attended the end of the Second World War. Grand political theory shored up by monolithic state apparatuses that showed little sign of withering persisted in the Soviet Union, in China, and in South East Asia. Not until Khrushchev’s landmark speeches of 1961 were there tangible signs of a critical breakthrough in the Soviet Union, and it was to be another twenty-five years before the Soviet Empire, and its justifying ideology, began to be dismantled. In China grand theory and the strong state continue to be proclaimed.
Dreamers and Diplomats: The Promise of International Law
Authors: Janis Mark Weston 
Published: November 2023

Abstract
It is easy to mock the optimism of nineteenth-century Americans about the promise of international law. With hindsight, we know that between 1914 and 1945, ‘civilized’ Europe and America were engulfed in two bloody World Wars and that since 1945, all the world’s peoples have been threatened by nuclear war and other terrors. Such horrors were undreamed by nineteenth-century Americans. Our past was their future. What those Americans knew at the end of their century was their own past, a much more encouraging history. Here we look at some of the dreaming, much of it religious, about international law, as well as some of the diplomacy that strove to put the dreams into practice before the world woke to the terrible events of the summer of 1914.
Taxing the Constructive Trustee: Should a Revenue Statute Address itself to Fictions?
Authors: Glover John 
Published: November 2023

Abstract
In revenue, as in private law, there is a marked difference between common law jurisdictions concerning the constructive trust. The United States and Canada take a functional approach-which may be dictated by fiscal imperatives as well as by remedial theories of the device. Revenue law in the United Kingdom and Australia still acknowledges fictions of the equitable sort. Amenability of revenue systems to the constructive trust will be evaluated here, as well as the hold which the equitable property idea has in Anglo-Australian law.
The Fiduciary Relationship and its Application to Doctors and Patients
Authors: Kennedy Ian 
Published: November 2023

Abstract
My interest in this essay is in the relationship between doctors and patients and, to the extent that the law becomes involved in this relationship, the conceptual tools which the law employs. I am concerned with professional negligence only to the extent that the tort of negligence is one such tool. I shall assert that the action in negligence is neither an appropriate nor successful means of mediating between doctor and patient. I shall then discuss a new conceptual device which some are advocating; the fiduciary relationship. In this discussion, you will be conscious of three sub-themes which will wind their way through my thoughts: the need to develop a legal framework which can best serve both patients and doctors; the need to determine how best the law may be developed, whether by courts, the legislature or by some form of agreed code; and, thirdly, since how really means by whom, the need to analyse the proper role for the medical profession in this process.
Restitutionary Damages
Authors: mcgregor Harvey 
Published: November 2023

Abstract
It may seem strange, even perverse, for one who has been asked to write on restitutionary damages to start by saying that he does not believe in the concept; but I do not. In my lexicon there is ‘restitution’ and there is ‘damages’. I do not say that never the twain shall meet for they meet, and overlap, all the time. But they are entirely different concepts: one deals with assuring compensation for loss to a plaintiff, the other with extracting a benefit from a defendant.
Rethinking Penalty Clauses
Authors: Downes T A 
Published: November 2023

Abstract
The purpose of this paper is to reexamine the law relating to penalty clauses and related doctrines. The starting thesis is that a body of rules which was once radical in its approach is now out of step with the contemporary trends in the regulation of contractual clauses, that realignment of doctrine is not difficult to achieve, and that there are indications in recent decisions that the courts may be engaged in the task of modernising the law. It is now some twenty years since the Law Commission reexamined the law! and there are grounds to question its conclusion of the time that ‘the application of the tests to distinguish between valid and invalid penalties ... has, on the whole, worked satisfactorily.’ Such questioning arises not so much from dissatisfaction with judicial decisions ostensibly based upon the present law but from doubts about whether in reaching these decisions the courts have truly adhered to the law as conventionally set out in the books. It is reinforced by the observation that civil law systems, while not disclaiming any power of control over penalty clauses, have operated from the presumption that such clauses should be given effect, as reflecting the will of the parties, and that any control must be seen as an exceptional mea-sure.
Order in the Charge Room
Authors: Choongh Satnam 
Published: November 2023

Abstract
The previous chapter presented the argument that certain groups and individuals in society receive greater attention from the police than others. As the interview extracts cited in Chapter Three demonstrate, some people, and indeed entire groups and communities, find themselves in a long-term relationship with the police. For much of the time, the police equate policing with keeping control over these ‘regulars’ by subjecting them to a system of police discipline. When the police approach these well-known ‘toe-rags’, or come across someone who fits into a targeted category, they do not interact with them in a way designed to confirm or dispel reasonable suspicions about criminal infractions. The police either assume that such individuals have been engaging in criminal activity (because that is what the ‘dross’ are always up to) or they are indifferent to the issue of legal guilt.
Responses to Amnesties by the Inter-American System for the Protection of Human Rights
Authors: Lutz Ellen 
Published: November 2023

Abstract
Widespread violations of human rights have a profound effect not only on those directly involved-decision-makers, perpetrators, those targeted for abuse, and unintended casualties-but on everyone living in the impacted society. After the abuses cease, these societies must go through a healing process that includes coming to terms with what happened, grieving for what was lost, condemning those who caused the suffering, and rebuilding. Since Nuremberg, policy-makers, human rights organizations, and victims have heralded trials for those responsible for human rights abuses as the catalyst for this healing process.
Communication Technologies
Authors: Ericson Richard V , Haggerty Kevin D 
Published: November 2023

Abstract
Despite the pervasiveness of communication technologies in policing, there is little academic research on the subject. Manning (1992a: 373; see also Manning 1992b) concludes a recent review article on police and information technology by stating that ‘It is not possible to evaluate interactions between technology and social organization and practices because little has been written about the practices, constraints, and opportunities associated with the use of new information technologies. ‘ In this chapter we rectify the lacuna in the literature by analysing the ways in which communication technologies relate to police organization and action. We initially consider how communication technologies are conceived of as the solution to police problems, especially problems of knowledge management. We then examine how communication technologies alter regulatory regimes within police organizations by framing how police officers think and act and by creating the possibility of routine surveillance of police activities. The surveillance capacity of communication technologies intensifies the administrative urge to risk manage almost every conceivable aspect of police officers ‘ lives. It constitutes the population of police in bio power terms, governing their work activity, competence levels, health, and security. Communication technologies also radically alter the structure of police organization by levelling hierarchies, blurring traditional divisions of labour, dispersing supervisory capacities, and limiting individual discretion. In the process, traditional rank structures of command and control are displaced by system surveillance mechanisms for regulating police conduct.
Universal Service Obligations and the Emergence of Citizens’ Rights in European Telecommunications Liberalization
Authors: Sauter Wolf 
Published: November 2023

Abstract
This contribution2 gives an account of the role which the concept of universal service has played in the recent process of liberalization of the EU telecommunications markets. It will assert that this role has been a crucial one. Universal service obligations are likewise at the heart of the ongoing debate on the introduction of competition in a number of other sectors, notably the utilities (e.g. energy, water, transport, and postal services). However, it appears that at present telecommunications provide the best example of the debate on universal service in the European Union. The relevance of the telecommunications experiences to other sectors is beyond doubt. As is widely acknowledged, the opening of telecommunications markets has gone further and faster than that in any comparable sector.
Disciplinary Measures
Authors: Amerasinghe C F 
Published: November 2023

Abstract
Alternative post 56. The Respondent contends that the Bank only undertook to use best efforts to find the Applicant a position within the Bank and that ‘at no time did the Respondent obligate itself to force-place Applicant or to transfer him to a position from PAA to another complex in the Bank or to conduct an institution-wide search’.57. The issue before the Tribunal is, therefore, whether the Respondent made diligent and good faith efforts to locate a position for the Applicant at the end of his assignment with INU. In a letter dated March 8, 1993 to the VPPAA, the Applicant expressed his doubts as to the seriousness with which the Respondent was handling the search for a position as promised in the MAS agreement.
Structural And Content Regulation Of The Media: United Kingdom Law and Some American Comparisons.
Authors: Barendt* Eric 
Published: November 2023

Abstract
The government White Paper, Media Ownership, which prefaced the passage of the Broadcasting Act 1996, was clear about the case for special media ownership rules. The press and broadcasting industries are not to be treated like the producers of motor cars, petrol, or soap powders; the media are not only an important service industry, but play a crucial role in the formation and influencing of public opinion. In the absence of regulation there would be a danger that a handful of owners would control the sources of information and the communication of political and social opinion, a situation which would imperil the quality of public debate. General competition law alone is insufficient to avert this risk, for it ‘is concerned primarily with the operation of economic markets rather than with the distinctive wider needs of public policy in relation to the media industry; in particular the need to ensure the expression of a rich diversity of views and opinions ‘. Moreover, mergers and anti-competitive practices take some time to investigate, and, it might be added, the law allows the Secretary of State (and other authorities) considerable discretion whether to investigate a merger or how to remedy an abuse.
The New Television Without Frontiers Directive
Authors: Keller* Perry 
Published: November 2023

Abstract
The revised Television Without Frontiers Directive has finally arrived.1 With the defeat of the proposals put forward by the Culture Committee of the European Parliament in October 1996, the majority alliance in the Council of Ministers was to impose its own more modest objectives. For the proponents of radical reform, this is clearly the end of any serious hope that the Directive ‘s famous obligation on broadcasters to transmit a minimum quota of European programming will be transformed into an unconditional obligation.
Comparative Advertising In The UK-The New Law in its Infancy
Authors: Meade* Richard 
Published: November 2023

Abstract
Before the 1994 Trade Marks Act, a trader aggrieved by comparative advertising published by one of his competitors and wishing to obtain remedies in the civil courts had two main causes of action to deploy. He could sue for malicious falsehood, or he could sue for registered trade mark infringement. The former course, still available in the same form today, was not an easy one; in particular, it required proof of malice on the part of the defendant. In addition, it suffered from practical limitations if immediate relief was needed, because of the general rule that no interlocutory injunction would be granted if the defend ant intended to justify his statements.1 Advertising by its nature comes and goes fairly quickly, and all too often potential plaintiffs, knowing they could not get interlocutory relief and uninterested in a trial months or years after the advertising in question had ceased, simply took no action.
The Music Industry In 1996
Authors: Corr John Corr , Ware James , Enser* John 
Published: November 2023

Abstract
1996 again saw a plethora of legal issues facing the music industry. At the macro level, the two new International instruments initialled in Geneva in December saw the next phase in the international protection of the works of creators and producers. December also saw the belated implementation into UK law of the Rental and Lending Directive and Cable and Satellite Copyright Directive together with the remaining elements of the Term of Protection Directive.
Ec And United Kingdom Competition Law Developments
Authors: Aitman David 
Published: November 2023

Abstract
1996 saw the conclusion of many acquisitions and strategic alliances in the media sector. In previous years, merging companies had argued almost without exception that merger was an inevitable response to the challenges of digital technology and convergence. While these considerations continued to be a significant factor, the reasons for merger in 1996 seemed more diverse. In at least one case, merger was motivated by the desire of a non-media company to enter the media sector by acquisition. In several others, mergers were driven by the objective of applying common skills and resources to the development of new territories. A third group of mergers came about as a response to increasing competitive pressures in relatively mature media markets. In both 1994 and 1995, the Commission had blocked media mergers.
Trustees, Committee Members, And Directors
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
An initial problem in considering the position of charity trustees is to determine who ranks as a charity trustee. Much confusion can arise from the fact that the expression ‘charity trustee’ is susceptible to more than one meaning, and it is often necessary to determine the meaning from the context in which the expression is used. There are three possible meanings.