bluuebunny/crossref_metadata_2025_split huggingface dataset:
Case Law of the European Court of Justice
Authors: Notaro Nicola 
Published: November 2023

Abstract
Last year’s survey highlighted the growing difficulty the Member States of the EU encounter in implementing and applying European Community (EC) environmental legislation in a timely and correct way. This trend is certainly confirmed in the ever-growing environment case law of the European Court of Justice (ECJ) in the survey period 2004, particularly in the waste sector. Better communication and better legislation originating from the European institutions certainly have a role to play in facilitating Member States’ compliance with EC environmental law. However, looking at the case law in 2004, it appears that, in most of the cases, non-compliance finds its origin in either national administrative inefficiency, or in lack of political commitment to respect EC law. These problems can only be addressed by the Member States themselves honouring the commitments they have assumed at the European Union (EU) level and, where appropriate, conducting structural reforms of their administrations. On their part, European institutions, and in particular the European Commission (Commission), should also be provided with a ‘stick’ to remind the Member States of their duties. A strong and effective incentive to implement EC law would be the increase by the ECJ of the fines imposed on Member States for cases on non-compliance, particularly when these are repeated and systematic over a certain period of time, or in a particular sector. In other words, there should be hard sanctions for cases where the Member States have shown no willingness to comply. It remains to be seen if the Court will be ‘wild enough’ to take such a blunt but necessary step.
Open, Radical Innovation: Toward an Integrated Model in Large Established Firms
Authors: ‘Connor Gina Colarelli O 
Published: November 2023

Abstract
Organizational growth and renewal are fundamental to any firm ‘s long-term survival (Jelinek and Schoonhoven 1990; Morone 1993). Firms pursue multiple approaches to renewal. One path is to gain new capabilities via acquisition of or merger with companies that offer technologies or market entre ´e that the focal firm may lack. Another approach is organic, generative growth, meaning growth through the development of new lines of business based primarily on technical competencies nurtured from within the organization. When the promise of the opportunity is very large, and the concomitant risk and uncertainty of the opportunity are high, the technology and innovation management literature refers to that phenomenon as radical innovation (Mo one 1993; Leifer et al. 2000).
The Use of University Research in Firm Innovation
Authors: Fabrizio Kira R 
Published: November 2023

Abstract
The Open Innovation paradigm focuses attention on the importance of firms ‘ identification and use of ideas and knowledge from outside the boundaries of the firm. As documented by Chesbrough (2003a), firms in many industries have recognized the value of looking outside of their borders for ideas, knowledge, and sources of innovation. This value depends on the existence and depth of the knowledge landscape in which the firms operate. The characteristics of the knowledge landscape are determined by the knowledge flowing out of other firms and organizations and the intellectual property (IP) environment. The open innovation literature has focused primarily on the knowledge and ideas flowing from one firm to another. In this chapter I focus on a second important source of knowledge and ideas useful to the open innovation processes of firms: universities.
Open Innovation: A Research Agenda
Authors: West Joel , Chesbrough Wim Vanhaverbeke Henry 
Published: November 2023

Abstract
Chandler (1977, 1990) recounts how the key technologies of the early and the mid-twentieth century were developed by industrial research departments within the large diversified enterprises of US and Europe. Such diversification, along with vertical integration from research and development (R&D) through distribution, provided these firms with competitive advantage over smaller and newer rivals through economies of scale and scope. Among these leading firms, Chesbrough (2003a) argues that the strategy brought with it a certain mindset: It is a view that says successful innovation requires control This paradigm counsels firms to be strongly self-reliant, because one cannot be sure of the quality, availability, and capability of others ‘ ideas: ‘If you want something done right, you ‘ve got to do it yourself ‘. (Chesbrough 2003a: xx)
J.W. Harris’s Kelsen
Authors: * Stanley L Paulson 
Published: November 2023

Abstract
In Britain, just as elsewhere, Hans Kelsen has been recognized by leading figures in the field as the foremost legal philosopher of the twentieth century. At the same time, Kelsen remains outside the mainstream in British legal thought. Four exceptions establish the rule. That is, Kelsen’s legal theory has played a genuinely significant role in the work of J.W. Harris, H.L.A. Hart, Sir Hersch Lauterpacht, and Joseph Raz, and their work has, in turn, contributed to a better understanding of Kelsen’s legal theory.
The Legacy of Penn v Lord Baltimore
Authors: Peel* Edwin 
Published: November 2023

Abstract
The reason for my involvement in this collection of essays is a little different from those of the other contributors. Rather than a shared interest in one of the branches of the law in which he worked, it was instead my privilege to have worked closely with Jim Harris for ten years as one of the two Law Fellows at Keble College. I have had the opportunity already to say how rewarding and valuable that experience has been. On this occasion I shall confine myself to this one thought, that I should be fortunate to leave but half the mark on those whom I have taught which I have seen for myself that Jim left on his former students, through his kindness, his self-effacing good humour, and his moral courage.
Invoking Human Rights
Authors: Eekelaar* John 
Published: November 2023

Abstract
Everyone who heard Jim Harris give the annual lecture to the Society of Legal Scholars in the summer of 2003 realized that something special was happening. With clinical precision, Harris cut through the tangles of scholarship and laid before the audience a taut and logical template for understanding human rights discourse. One year earlier I had tried to persuade myself, and my audience, that human rights concepts could be applied within domestic contexts. This required an attempt on my behalf to understand the general character of human rights discourse.
Introduction
Authors: Menon Anand , Schain Martin 
Published: November 2023

Abstract
The Convention on the Future of Europe, which drew to a close in July 2003, served to galvanize debate about the nature and future developmental trajectory of the European Union. More specifically, it engendered considerable discussion about the relationship between this process and the one which had taken place in Philadelphia more than 200 years earlier; and, more broadly, over the extent to which the European Union does, or should, resemble the United States.
Federalism and Public Administration: The United States and the European Union
Authors: Peters B Guy 
Published: November 2023

Abstract
Public administration is no less affected by the fundamental structure of the political system than are other aspects of government. It may be conventional to assume that the public bureaucracy will administer programs in a formal–legal, Weberian manner regardless of the political context within which it functions, but that stereotypical view of bureaucracy seriously understates variations in administration, even within a single political system. Despite the stereotype, the members of public bureaucracies do exercise a good deal of discretion (Bryner 1987; Baldwin 1995) and exercise that discretion, often at the lowest, ‘street-level’ (Meyers and Vorsanger 2003) of public organizations.
The Reshaping of Workplace Risks
Authors: James Phil 
Published: November 2023

Abstract
The risks of injury and ill health faced by workers during their course of employment are influenced by a range of factors both internal and external to the workplace. Internally, these factors include the type of work activities carried out, features of the equipment and substances involved in these activities, the nature of the preventive arrangements put in place by employers to protect workers, the form of employment relationship under which work is undertaken, and the ability that workers have, both individually and collectively, to challenge the presence of hazardous and risky working conditions. Externally, they encompass the nature of the surrounding labor and product markets, as well as the legal frameworks that exist to protect their health and safety and the degree to which these are enforced.
Seeing Knowledge Plain: How to Make Knowledge Visible
Authors: Weiss Leigh , Prusak Laurence 
Published: November 2023

Abstract
Several years ago, one of the authors was asked to help a large agricultural collective get over some difficulties they were having in formulating a strategy for the organization. When meeting with and interviewing the individual executives, everyone seemed to agree on what the environment looked like, what were realistic goals, who the major competitors were, and so on. Yet the organization was having a very difficult time formulating the proposed strategy. We had an intuition that the executives did not mean at all the same things when they spoke of competitors, threats, opportunities, and other factors that would affect strategy.
Nation, Identity, and Enmity
Authors: Jeismann Michael 
Published: November 2023

Abstract
The hopes of the short People’s Spring of 1989/90 were gradually eroded by a global process of fermentation which, fuelled by enmity, seems to be constantly producing new kinds of animosity: animosity between cultures or civilizations, enmity between religions and enmity between social strata. We are, in theory, ill-equipped to predict whether and under what conditions the potential for national aggression could develop again. Certainly, we have some historical points of departure for analysis. These can basically be divided up into two types, both of which derive from nineteenth-century Europe and which cut across the dichotomy between civic and ethnic forms of nationalism.
The Civil Contingencies Act 2004
Authors: Walker Clive , Broderick Jim 
Published: November 2023

Abstract
The Civil Contingencies Act 2004 marks an important recognition of the increasingly vital agendas of risk and resilience within our society. The United Kingdom has long had legislation dealing with limited types of risk in certain situations. Most prominent and controversial has been the recent legislation about terrorism, but there have also existed other statutes to deal with problems such as; debilitating industrial strikes; power and water supply emergencies; and food chain disasters. However, more recent disturbing events, namely; the fuel strikes of 2000; the catastrophic terrorist attacks of 2001 and threat of further attack through chemical and biological weapons; the foot and mouth outbreak of 2001; and climate change with its associated risks of floods and drought; have rendered a more comprehensive approach to risk and resilience within the United Kingdom essential. This book provides a detailed exploration of the Civil Contingencies Act 2004 and its supporting documentation. It describes and analyses recent changes by providing a full commentary on all parts of the Act - Part I covers the planning aspects and Part II explores the more reactive and controversial regulatory emergency powers. Part III deals with the implementation of the Act including management structures and resources and the operational and organisational concerns which the legislation is intended to address. The theoretical and legislative contexts of the Act are also examined, including its impacts on constitutional and human rights issues. The commentary provides a vital understanding of the civil protection and emergency response functions in the UK, and the appendices include the full text of the Act together with other official documentation.
Emergency Powers: Part II of The Act
Authors: Walker Clive , Broderick Jim 
Published: November 2023

Abstract
Part II confers a power on Her Majesty to make regulations if an ‘emergency’ has occurred or is about to occur. In this way, Part II moves the focus of the Act towards the action phase and away from the planning phase under Part I. The new laws undoubtedly advance the old Emergency Powers Acts by offering ‘greater flexibility, proportionality, deployability and robustness’ as well as ‘definitions and procedures more suited to the nature of the possible risks and threats that the UK may face in the twenty-first century’.
Constitutional Issues
Authors: Walker Clive , Broderick Jim 
Published: November 2023

Abstract
The next three chapters will seek to draw together from different Parts of the Act the themes of principle, policy, and implementation which make it so controversial. The first two highlight constitutional principle. As for this chapter, the core question, as raised in Chapter 2, is how emergency powers can be instituted without providing ‘any exploitable opportunity to misuse emergency powers and potentially, in a worst case scenario, allow for the dismantling of democracy.’ The same questions can be asked of judicial review and other forms of independent scrutiny.
Grounds For Restitution
Authors: Mitchell Charles , Watterson Stephen 
Published: November 2023

Abstract
It is not sufficient, for a claim in unjust enrichment, to establish that the defendant was enriched at the claimant’s expense. All of us, every day, routinely act in ways which benefit others and yet generate no right to restitution against them. A claimant must do more to establish that the defendant’s enrichment is an unjust enrichment—an enrichment which the defendant cannot be permitted to retain. The required inquiry is not an unfocused, free-ranging investigation into the justice, between the parties or more generally, of allowing the defendant to retain the enrichment.
Practical Points
Authors: Mitchell Charles , Watterson Stephen 
Published: November 2023

Abstract
CPR rules 16.2 and 16.4 and the accompanying Practice Direction provide that the claimant’s Particulars of Claim must contain a concise statement of the nature of the claim, of the facts on which the claimant relies, and of the remedy sought by the claimant.A party who seeks the remedy of subrogation to a creditor’s extinguished rights should therefore state this in his statements of case, and should further state why the facts on which he relies entitle him to the remedy.
Creditors Of Trustees
Authors: Mitchell Charles , Watterson Stephen 
Published: November 2023

Abstract
Trusts are not entities endowed with legal personality. They cannot own property, enter contracts, or owe legal liabilities. To trusts lawyers this is obvious. To business people—and to the commercial and financial lawyers who advise them—it can come as a surprise. They are sometimes apt to assume—mistakenly—that when a trustee enters a contract with a creditor while managing the trust affairs, the contract will constitute a binding obligation on the trust, and the trust assets will be directly available to satisfy the creditor in the event of default.
Elicitation as Experimental Phonology: Thlantlang Lai Tonology
Authors: Hyman Larry M 
Published: November 2023

Abstract
The field of phonology has changed a great deal over the past several decades, not just conceptually, but also in terms of methodology. Throughout the structuralist and generative eras it was not only acceptable but, in fact, standard, for phonologists to acquire their information from two sources: (i) primary data derived from the field or ‘informant sessions’ (ii) secondary data derived from written sources, most likely based in turn on the same kind of primary data.
The View from Children’s Spontaneous Speech
Authors: Snyder William 
Published: November 2023

Abstract
In this chapter I provide a practical, hands-on guide to working with children’s spontaneous speech. I will carefully avoid assuming any prior experience with this type of research, for the sake of readers coming from other backgrounds. For readers who are already experienced in this area, the following points are likely to be the most interesting: I will advocate a number of “best practices”, some of which are far from universal in the field. And the results of the practical exercise that occupies the bulk of the chapter will provide important evidence for my claim of grammatical conservatism in children’s spontaneous speech (see Section 2.1.3).
Statistical Methods for Longitudinal Studies
Authors: Snyder William 
Published: November 2023

Abstract
In this chapter I review some of the methods available for statistical hypothesis testing in a longitudinal study of spontaneous speech. I begin with methods to test a prediction of concurrent acquisition, and then turn to predictions of ordered acquisition. Finally I work through an example from some of my own research, testing the prediction that bare root compounding will be acquired prior to, or at the same time as, but never significantly later than, the English verb–particle construction.
Your competitors
Authors: Sherer Peter D 
Published: November 2023

Abstract
Strategists search out information to understand their rivals with the aim of defending and strengthening their firms’ competitive positioning. In industries with numerous firms and many actual and potential rivals, gaining an understanding of rivalry presents a formidable challenge. The legal sector represents a prime example of this. To meet the challenge, I advocate using the theoretical insights and statistical tools that are found in the academic field of business strategy, specifically the approach known as the strategic group perspective. This approach to mapping the competitive space of large US law firms provides guidance on understanding the rivalry that exists among firms at a point in time and over time.
The Patient’s Perspective
Authors: Newell Ozzie 
Published: November 2023

Abstract
In the ‘dedicated upheaval,’ which is the NHS, every day produces political spin and sound-bites, presented as Department of Health (DoH) policy. These are concerned mainly with reforms of the NHS and with targets of one kind or another, but are rarely about outcomes for patients. They do, however, offer myriad headings designed, it is said, to put patients at the centre of health care, the place where they should always have been. So, NHS policies present us with the Patient and Public Involvement (PPI) Agenda, Partnership Working, Patient-centred Care, a Choice Agendafor patients, and now, a Patient-led NHS. These reforms, we are told, are necessary to improve the delivery of health care and to ensure patient involvement. In his letter to the Chairs and Chief Executives of Health and Social Care, dated 13 December 2005, which outlined the updated ‘framework for Health Reforms’, Sir Nigel Crisp, the chief executive of the NHS, stated that there will be ‘More Choice and a much stronger voice for patients’. Unfortunately, as yet, it seems that such cultural reforms have no real commitment or support from front-line healthcare professionals. This is most probably due to the lack of financial resources required for committed support to become a reality. In the majority of cases, patient involvement is still a ‘tick box’ exercise, tokenistic, and patronizing in approach. However, I am pleased to say that this is not so for the hospital with which I am closely aligned, and I am encouraged and delighted to have been asked to contribute by providing a chapter written from a patient’s viewpoint.
Introduction
Authors: Gaertner Wulf 
Published: November 2023

Abstract
Social choice theory is an analysis of collective decision making. The theory of social choice starts out from the articulated opinions or values of the members of a given community or the citizens of a given society and attempts to derive a collective verdict or statement. Such a situation can be called direct democracy, where public actions are determined directly by the members of society. Another form of democratic government is also possible and, actually, more frequent in modern societies, viz. representative government where public actions lie in the hands of public officials who are elected by citizens.
Majority decision under restricted domains
Authors: Gaertner Wulf 
Published: November 2023

Abstract
We have seen in Chapter 2 that any social welfare function satisfying unrestricted domain and the weak Pareto condition as well as Arrow ‘s independence condition and the requirement that the generated social relation be an ordering is doomed to be dictatorial. As already mentioned in Chapter 2, Arrow considered these conditions as necessary requirements in the sense that they express both rationality and the doctrines of citizens ‘ sovereignty in a very general way.
A few steps beyond
Authors: Gaertner Wulf 
Published: November 2023

Abstract
In this last chapter, we want to go a little beyond a primer in social choice theory. Going beyond means that the issues discussed on the following pages perhaps do not belong to the ‘core ‘ of social choice theory, though they tackle interesting and important problems and each of them has been witnessing, without any doubt, a very involved discussion over the last 15–20 years. Going beyond also means that in at least one of the three items that we wish to cover, the formal analysis gets quite involved if done properly.
Complementation Strategies in Dyirbal
Authors: Dixon R M W 
Published: November 2023

Abstract
In 1972, I published a description of Dyirbal which described every grammatical pattern in a corpus of forty texts and much other material. A linguist who read the grammar wrote and asked why there was no mention of complement clauses. I knew about complement clauses in English and other languages, and I also knew the grammar of Dyirbal. The language simply has no complement clauses; that is, it has no clauses functioning as core arguments in a higher clause.
Summary Assessment— An Overview
Authors: Scott Katharine 
Published: November 2023

Abstract
This chapter provides an overview of what summary assessment is and sets out the circumstances in which it is appropriate. Many of the issues introduced in this chapter are developed in more depth later on in the book. The summary assessment of costs is the procedure by which a court, having made an order about which party should pay the costs, assesses immediately the amount of costs to be paid under the order instead of ordering fixed costs or detailed assessment. By comparison, detailed assessment is the procedure by which the amount of costs is decided by a costs officer (at a discrete hearing) in accordance with CPR Rule 47. Fixed costs are costs that are awarded in accordance with CPR Rule 45 or 46. The summary assessment of costs is carried out at the end of a hearing. The party who is awarded its costs (the receiving party) will have their statement of costs assessed by the judge. Any argument that can be raised at a fully contested detailed assessment hearing can also be raised at a summary assessment. There are, however, two important differences. The first is that the time allotted by the court for dealing with the issue of costs on a summary basis is short. This means that any arguments a party wishes to raise must be presented in such a way as to allow the court to deal with them quickly. The second difference is that neither party is under an obligation to put the other party on notice as to the points they wish to raise. Both of these factors make it even more important that the practitioner is well prepared.