bluuebunny/crossref_metadata_2025_split huggingface dataset:
Procedure And Jurisdiction In Cases Of Criminal Contempt
Authors: Miller C J 
Published: November 2023

Abstract
The most striking feature of the procedure in cases of criminal contempt is that 3.01 usually the matter is dealt with on summary process and hence without a jury. Indeed, where the contempt is committed in facie curiae (that is, in the face of the court itself) there are often no formalized proceedings as such. The offender is simply dealt with on the spot and fined or committed to prison. To speak generally, the ability to proceed in this manner is part of the inherent jurisdiction of all courts of law, whether superior or inferior, provided only that they are courts of record.
Contempt In Relation To Particular Criminal Proceedings
Authors: Miller C J 
Published: November 2023

Abstract
There is general agreement that the determination of liability in criminal proceedings should be as free as possible from extraneous influences and proceed solely on the basis of evidence and argument adduced in open court. Many different aspects of English law have a part to play in achieving this end. These include the tradition of judicial independence, the rules of natural justice, the ability to challenge a juror, changing the venue of the trial to avoid local prejudice, postponing the trial, isolating the jury or warning it of the need to avoid outside pressures or influences, the ultimate safeguard of staying proceedings or quashing
Open Justice: Publicizing Judicial Proceedings
Authors: Miller C J 
Published: November 2023

Abstract
In English law the general rule is that judicial proceedings must be conducted in 10.01 open court and that a fair and accurate report of such proceedings will not give rise to liability in libel, contempt, or under any other heading. The duty to administer justice in open court was established by the decision of the House of Lords in the leading case of Scott v. Scott' where it was held that the High Court had no power at common law to hear a nullity or other matrimonial suit in camera in the interests of public decency.
Further Miscellaneous Categories Of Contempt
Authors: Miller C J 
Published: November 2023

Abstract
A. Obstructing Persons Officially Connected with the Court or its Process(1) Process-servers According to Oswald a contempt of court will be committed where a person so 13.01 acts as to ‘assault, ill-treat, or threaten a process-server engaged in his duty’, and, no doubt, if they victimize such a person for having performed his duties. There is a wealth of old cases illustrating the point, of which the most famous is perhaps.
Civil Contempt Of Court
Authors: Miller C J 
Published: November 2023

Abstract
The general nature of civil contempt of court or, as it is sometimes termed, con- 14.01 tempt in procedure, and the methods available for dealing with it have both been outlined in earlier chapters, as have the main features which distinguish civil contempt of court from criminal contempt of court. In this final chapter it is proposed to consider this aspect of the law of contempt in more detail. Since the law has long treated disobedience of an order requiring payment of a sum of money differently from disobedience of other orders, the chapter as a whole has been divided into two main parts reflecting this division.
Police Policies and Practices
Authors: Morgan Jane , Zedner Lucia 
Published: November 2023

Abstract
Children’s experiences as v1ct1ms are impossible to isolate from everything that happens as a direct consequence of the crime. The effects may be heightened or diminished by the response of those with whom they come into contact in its aftermath-the criminal justice system and the social and welfare agencies. Throughout the 1980s the position of victims in the criminal justice system was the subject of much debate. There was a growing recognition that the legal response could make a significant contribution to the overall impact of the crime on the victim. Helping victims of crime became one of the major platforms of criminal justice policy. In February 1990 the Thatcher government published a Victim’s Charter1 in which it expressed an avowed commitment to recognize the rights of victims and respond to their needs.
Policing: The Experiences of Child Victims
Authors: Morgan Jane , Zedner Lucia 
Published: November 2023

Abstract
Victims or persons acting on their behalf are far more important in bringing crime to the notice of the police than investigation by the police themselves. Cases which involve child victims are no exception to this rule. Of the 212 cases involved in the study sample, only one was discovered by the police themselves. In just 12 per cent (32) of the cases (mostly thefts of cycles) the children said that they reported the incident themselves. Of the rest, the vast majority were reported to the police by the child’s parents, but a handful were reported by other adults-IO by schoolteachers, 1 by a social worker, and 4 by the child’s doctor.
Big Bang and Conflicts of Interest and Duty
Authors: MCVea Harry 
Published: November 2023

Abstract
In the UK, what initially began as a restructuring of the London Stock Exchange became a much wider cause, embracing every sector of the financial community. ‘Big Bang’, as it became known, was characterized by three main factors:1 first, the termination of the single capacity system of trading in favour of a new dual capacity regime; secondly, the movement away from fixed commissions towards a more competitive commission scheme; and lastly, the removal of outside ownership restrictions on member firms of the Stock Exchange Association. These events paved the way for the formation of financial conglomerates and made inevitable concern over the increased potential for conflict abuse. Fears revolved more around the fact that potential conflict situations were being compounded rather than created by conglomerates, and that these conflicts would be increasingly and more easily abused. It was clear, therefore, that a new regulatory framework governing conglomerates would be necessary.
Legislative and Regulatory Approval of Chinese Walls in the USA and the UK
Authors: MCVea Harry 
Published: November 2023

Abstract
Following the SEC’s Merrill Lynch decision, the use of the Chinese Wall in the USA developed largely on a pragmatic basis. The Slade2 and Black cases, while raising many interesting issues, resolved little of the uncertainty concerning the use of the device at common law. This confusion continues to exist despite a growing tendency to specify more clearly when and in what context compartmentalization procedures should be established.
Introduction
Authors: Gibson Sir Peter 
Published: November 2023

Abstract
A legal historian surveying the work of the English courts in the last few decades will have noted the marked decline in cases to do with formal trusts in family settlements or wills and yet the continued and indeed increasing frequency of cases involving trusts in other forms or other equitable obligations, often in a commercial context, and in particular involving the fiduciary obligations of those in whom trust or confidence is reposed, and the consequences of any breaches of those obligations. The presence of such traditional equity elements in the thinking of those conducting litigation may be one of the several reasons why at least since the mid-1980s the workload of the Chancery Division has been growing at a rate of over 10 per cent per annum compound. But it would be wrong to measure the importance of equity in the modern world by reference to a Division of the English High Court, as it is apparent from the reported cases that throughout the common law world the doctrines of equity continue, as the editors of Snell’s Equity (29th edn., p. v.) put it, to show great vitality.
Fiduciary Law and the Modern Commercial World
Authors: Finn Paul 
Published: November 2023

Abstract
There are five major issues of moment in contemporary fiduciary law. Four are of potential relevance to the concerns of this volume. The first, and seemingly perennial question, is that fundamental one: who is a fiduciary-what is a fiduciary relationship? The second is the manner in which and the extent to which fiduciary principles should be applied to commercial relationships and dealings-an issue which in one direction is calling into question the extent to which fiduciary obligations should be allowed to supplement those bargained for in negotiated commercial contracts,2 and in another, the use that can or should properly be made of fiduciary notions to achieve what is, in effect, a duty of good faith and fair dealing in contract formation, performance, and enforcement. The third, and in some ways the most intractable, is the proper role to be given fiduciary law in regulating the modern, multi-function business enterprise and the large professional partnership: this is the arena in which the issues of client-conflict, of secrecy and disclosure, of the efficacy of ‘Chinese Walls and cones of silence’ and the like, vex and threaten.
Trusts in the Recovery of Misapplied Assets: Tracing, Trusts, and Restitution
Authors: Birks Peter 
Published: November 2023

Abstract
The title of this chapter could include almost the whole of the law of restitution. Hence it is important in the first instance to establish a clear picture of the kind of situation in which we are interested. The key is the word ‘misapplied’, which has both a broad and a narrow sense. It might be taken to include, for example, even mistaken payments. It will be as well to set out one case which is within the broader meaning but of a kind with which we are not immediately concerned.
Gypsies: The Pursuit of a Nomadic Lifestyle
Authors: Poulter Sebastian 
Published: November 2023

Abstract
Records of the presence of gypsies in England date back to at least the beginning of the sixteenth century. Their ancestors had left northern India around five hundred years earlier and had spread out across Europe. The first arrivals here claimed to be Christian pilgrims from Egypt, but had in reality left the Balkans in the wake of Turkish occupation. Initially, perhaps, the prospect of helping indigent Christian pilgrims who were begging for alms may have evoked a sympathetic response from those here who believed their story and were familiar with the idealization of poverty promoted three centuries earlier by Saint Francis of Assisi.
Intergovernmental Co-operation in the Field of Criminal Law
Authors: Harding Christopher , Swart Bert 
Published: November 2023

Abstract
Traditionally criminal law and its enforcement have been a part of the legal system jealously preserved within the area of sovereign competence of states, and moves towards co-operation and the pooling of resources and powers have met with both political and constitutional resistance. As McClean comments: ‘In criminal matters ... the traditional stance of states can only be described as one of non-co-operation ... the general practice ... remains coloured by the position that no country will enforce the penal law of a foreign state. ‘1 This situation has arisen in part from the inevitable relation between the need for state security and the protection of other important national interests and the availability of criminal law as an obvious means of guaranteeing such interests; in part from the culturally specific character of some crime and the nationally specific thrust of much policy formulated to deal with crime problems. In contrast, for instance, to a field such as commercial law, where there have been cogent arguments and strong economic pressure for co-operation and harmonization at the inter national level, the internationalization of criminal law at a general level has remained to a large extent a speculative and utopian programme.2
Family Benefits and Social Policy in Poland
Authors: Laciak Beata 
Published: November 2023

Abstract
For over forty years, broadly conceived social policy was an important element in the Communist system. In Poland, social achievements such as free health services and education or security of employment were often stressed by politicians in their pronouncements. From the end of World War II the range of different social benefits steadily grew. Even though many of these benefits existed in name only and had no practical consequences, the people learned to treat some as obvious entitlements, and to expect the state to provide such benefits. Free access to a variety of goods is guaranteed to citizens by the Constitution of l 952, Chapter 8, Articles 68- 78. The actual implementation of those guarantees left much to be desired, and free access to the benefits was not a reality in many cases; yet they became embedded in social consciousness.
Contrasts in Tolerance
Authors: Downes David 
Published: November 2023

Abstract
David Downes' fascinating comparative analysis takes us a great deal nearer to an understanding of the roots and strength of reductionism in the Netherlands...... powerful and scholarly enquiry New Statesman and Society "Contrasts in Tolerance is expertly crafted and beautifully written. Professor Downes pinpoints the crucial theoretical issues regarding sentencing, imprisonment, and decarceration and uses original and rich data that addresses these issues in the Netherlands and in England. In persuasively demonstrating real effects of specific penal policies. Professor Downes is able to address real possibilites for specific penal change. Contrasts in Tolerance is ambitious, creative, and a model in comparative empirical scholarship. As such it will prove to be a significant and lasting contribution to several fields, including Criminology, Social Policy, Political Science, and Sociology" Richard V Ericson, University of Toronto.
Drugs: The Limits of Tolerance?
Authors: Downes David 
Published: November 2023

Abstract
IN recent years, The Netherlands in general and Amsterdam in particular have tended to be viewed as victims of their own tolerance in the sphere of illicit drug consumption. The image usually propagated is of a blinkered liberalism belatedly struggling to cope with the results of its own permissiveness. Thus a Sunday Times correspondent, Brian Moynahan, could write in 1984 that ‘Amsterdam has a long tradition of free-thinking and of tolerating most things, except law and order ... But the city’s tolerance has been worn thin by crime, drug abuse and militant squatters ... ‘ His report focused on the attempts of the mayor of Amsterdam to combine a crackdown on drug-traffickers with a plan to distribute free heroin to hard-core addicts (a plan subsequently altered by the refusal of the government to agree to the second aspect). Similarly, a BBC-TV programme in the Out of Court series dealt with the Dutch experience of drug abuse and drug-related crime as instances of an ineffectual switch from tolerance to repressiveness.
Mutant Enterprise: Kenny’s Story
Authors: Hobbs Dick 
Published: November 2023

Abstract
Kenny lives in a nice street, and as far as he knows, his neighbours ar’! nice people. He bought his bungalow fifteen years ago before the motorway came, linking a semi-comatose retirement village to the pin-striped portals of the City. The ensuing commuter hell pushed up house prices, but not before Kenny had purchased the small parcel of land that backed on to his garden. When the family saloons start to edge their way out of the close to join the morning’s traffic jam, Kenny is waking up his children and preparing breakfast. Kenny has four children, a 28-year-old from his first marriage, and two boys and a girl aged 5, 7, and 9, who attend local schools. His wife works in an estate agent’s office about ten miles away, and after she has left the house in her neat 2-year-old hatchback, it is up to Kenny to perform the school run. The double garage is the most recent of numerous extensions to the bungalow which have transformed the original 1950s structure into a suburban fortress. A new kitchen diner overlooks the pond where koi carp drift, and a Georgian-style games-room was built on to the side of the house when one of Kenny’s offspring began to show an interest in table tennis. A large rectangular extension juts threateningly from the roof, the sills of the picture windows guarded by soft toys. After dropping the kids off in a four-wheel-drive Jeep and exchanging pleasantries at the school gate, Kenny goes to work.
Some Aspects Of The Corporate Governance Debate
Authors: Prentice D D 
Published: November 2023

Abstract
The purpose of this paper is to provide an overview of the corporate governance debate. This debate at its broadest level involves the issue of the relationship between the stakeholders in a company and those who manage its affairs (the board of directors).1 As regards the role of the board,2 the major concerns have related to the establishing of mechanisms of accountability to ensure: (i) honesty and integrity on the part of the board; (ii) that directors do not pursue their own economic self-interest at the expense of the interests of others who have a stake in the company; and (iii) that there are in place effective structures for monitoring and evaluating the stewardship of directors. The role and responsibilities of the stakeholders in a company, and the protection to be accorded to their interests, has also been the subject of debate.
Executory Contracts and Proposals Under the Bankruptcy and Insolvency Act (Canada): A Comparative Analysis with the Companies’ Creditors Arrangement Act (Canada)
Authors: Hayes* Ellen L 
Published: November 2023

Abstract
On 30 November 1992 a series of amendments to Canada’s federal Bankruptcy Act1 came into force. These amendments constitute the most significant changes to Canadian bankruptcy and insolvency law in over forty years. Some of the most important changes to the Act, which is now called the Bankruptcy and Insolvency Act2 (BIA), are the new provisions for commercial reorganization found in Part III of the BIA. The new legislation has attempted to address the most serious shortcomings of the reorganization provisions of the old Bankruptcy Act and aims to encourage the restructuring of insolvent businesses as opposed to their liquidation. Under the old Bankruptcy Act, secured creditors were outside the scope of the reorganization provisions and hence not affected by the automatic stay of proceedings or the debtor company’s proposal.
Canadian Bankruptcy Law: A Secured Creditor’s Heaven
Authors: Cuming R C C 
Published: November 2023

Abstract
Conceptually, bankruptcy law is law for unsecured creditors and insolvent debtors. However, Canadian bankruptcy law has always been very solicitous of the interests of secured creditors. An historical explanation for the ‘handsoff’ approach of Canadian bankruptcy law where security interests are involved can be found in the fact that early Canadian bankruptcy law was largely a copy of tum of the century English bankruptcy law. The English law was drafted at a time when secured financing was relatively uncommon and there was no need to look to bankruptcy law as an important mechanism for protecting unsecured creditors from secret charges held by secured parties or from preferential transfers that did not fall within the conceptual structure of the Statute of Fraudulent Conveyances, 1571.
The Canadian Private Receivership
Authors: Buckley* F H 
Published: November 2023

Abstract
More than anything, this conference celebrates the abandonment of privatized reorganizations in Canada, England, and Australia, and their replacement with mandatory rules not dissimilar from those of chapter 11 of the US Bankruptcy Code. This Comment argues that such changes are value decreasing. In particular, the Canadian private receivership, a remedy of free contracting and of property rights, must be thought superior to the mandatory reorganization provisions of the 1992 Bankruptcy and Insolvency Act (BIA).
Must Boards Go Overboard? An Economic Analysis of the Effects of Burgeoning Statutory Liability on the Role of Directors in Corporate Governance
Authors: Daniels Ronald J 
Published: November 2023

Abstract
On 21 July 1992 six outside directors on the board of Westar Mining Ltd. resigned abruptly from the company’s board of directors.1 Westar was a troubled mining company operating in British Columbia. In 1991 the company had lost $62.2 million, mainly as the result of a poorly per forming export coalmine. While resigning from the board, the directors assured the public that there had been no wrongdoing by the company. Rather, the reason for their departure was related to concern over personal liability for wages and other benefits that might be owed to more than 1,900 of the company’s employees under provincial employment standards legislation should the company become insolvent. Despite the fact that their departure might not absolve them from liability for other duties, and would greatly complicate the company’s bid for survival, the size of the personal liabilities they faced more than $20 million left the directors little choice.
Corporate Governance and Transaction Costs
Authors: Kay Neil 
Published: November 2023

Abstract
The role of transaction costs in determining the nature and behaviour of different forms of economic organization has emerged as a major issue in recent years in economics and law. Coase’s early insights (1937) were developed by Williamson, whose work may be represented by three texts, Markets and Hierarchies (1975, henceforth M & H), The Economic Institutions of Capitalism (1985, henceforth EIC), and Economic Organization (1986, henceforth EO).
The Constitution of the Excluded—Indians and Others
Authors: Fitzpatrick Peter 
Published: November 2023

Abstract
The origin of the supreme power, for all practical purposes, is not discoverable by the people who are subject to it. In other words, the subject ought not to indulge in speculations about its origin with a view to acting upon them, as if its right to be obeyed were open to doubt (ius controversum). . .. Whether in fact an actual contract originally preceded their submission to the state's authority (pactum subiectionis civilis), whether the power came first and the law only appeared after it, or whether they ought to have followed this order-these are completely futile arguments for a people which is already subject to civil law, and they constitute a menace to the state.
The Criminalization of Racist Violence?
Authors: Loveland Ian 
Published: November 2023

Abstract
Racist violence appears to be a growing problem in modern Britain. The Qaddus Ali case is perhaps the best known, but by no means only example of an already significant and apparently intensifying social malaise. The assault on Qaddus Ali has added extra urgency to an ongoing debate about the desirability of making racist violence a distinct criminal offence, to which we should attach penalties over and above those imposed for similar actions undertaken for non-racist motives.
The Report of the Royal Commission: A view from Scotland
Authors: Gordon Sheriff G H 
Published: November 2023

Abstract
As someone who was a member of the Thomson Committee on Scottish Criminal Procedure, I should like to start by expressing my admiration for the speed with which the Report of the Royal Commission was prepared, as well as for the comprehensive detail of its content, and the amount of research material which was available to its authors. I note, too, that the Report (like Thomson) accepts that systems of criminal procedure are born, not made, so to speak, and that every system is the product of its own distinctive history and culture, which makes attempted transplantation liable to failure. I accept, too, the implications of the comment that the Royal Commission has not found, either in Scotland or elsewhere, ‘a set of practices which has so clearly succeeded in resolving the problems which arise in any system of criminal justice that it furnishes the obvious model which all the others should therefore adopt’. I have not come here to convert you all to the Criminal Procedure (Scotland) Acts, but merely to offer some comments from the point of view of an alien from another country, albeit one whose system is not all that unlike your own.