bluuebunny/crossref_metadata_2025_split huggingface dataset:
Social Work, Law-Jobs and the Forms of Modern Law: The Children Act 1989
Authors: Gibson Suzanne 
Published: November 2023

Abstract
The Children Act has been described as the most important reform of law concerning children this century. In writing this chapter I had three concerns. As a lawyer I wanted to work out whether there was anything special about the Act as law. So the first section discusses the general nature of modem lawmaking. Then, I wanted to try to understand the nature of the relationship between law and social work, because a large part of the Act is concerned with just that. So the second section looks at some recent attempts to define that relationship. Finally, I wanted to try a new way of looking at things.
Does the Law Protect Polish Women?
Authors: Fuszara Malgorzata 
Published: November 2023

Abstract
After World War II, two models of family life met in Poland which both influenced the situation of women. They were largely opposed to one another, and the situation of Polish women may be considered unique for the very reason that it was shaped by these two incompatible models. The first is the official model based on equality of the sexes and mass employment of women.
Introduction
Authors: Hobbs Dick 
Published: November 2023

Abstract
This book is concerned with active criminals, most of whom at the time of writing are ‘well at it’. It is an attempt to engage with their culture. Professional crime is a subject whose definition few people can agree upon. Who can legitimately claim to be a professional criminal? The 14-year-old who commits hundreds of burglaries to support his addiction to video games? The car thief who moves from joy-riding to supplying a team of car-ringers? What about the kid in the mock Armani suit with the stolen mobile phone sans batteries; is he a drug-dealer or a sad bastard with an image problem? Yet, commonsensically, few of us would fail to recognize the teams of armed robbers who were so successful during the late 1960s and early 1970s as anything other than professional;1 similarly, the safe-cracker of the 1950s, or the contemporary drug-importer.
Apprentices to Dealers
Authors: Hobbs Dick 
Published: November 2023

Abstract
The Craftsman. All of us, I think, we were born too late. I think if we were born 200 years ago we’d have been pirates You open a safe and you think this is the one, then you open another one but this has got to be the one. It’s like the old gold prospector, he keeps digging and digging to see what he finds, and you’ll find that a lot of criminals are very persistent people-they’ll keep at it.
Corporate Governance The Role Of The Banks
Authors: Weedon Lord Alexander of 
Published: November 2023

Abstract
An American industrialist once designed his own epitaph: ‘Here lies a man whose skill was in gathering around him men and women much cleverer than himself.’ I feel a little that way this morning as I look at the list of distinguished experts who are to follow me. But what I would do is simply trail in general terms a few themes and thoughts which other speakers, in their greater knowledge, may wish to pick up on as the Colloquim develops. I would like to start by stressing some of the basic strengths of our system.
Corporate Governance In The Context Of Takeovers Of Uk Public Companies
Authors: Paul Alan 
Published: November 2023

Abstract
The significance of the distinction between the corporate entity and its shareholders, fundamental in English law and regulation of companies, reaches a crescendo in the context of a takeover. Coupling that distinction with the free market in a company’s shares, ownership and management control can change, over the heads of an incumbent board. The critical major issue of corporate governance is a public-policy one as to whether the balance of power between an unwelcome bidder, the directors of a target company, the interests of employees and creditors and customers, and the ability of shareholders to deliver control is correctly weighted. What the answer is depends on objectives.
An Overview of Recent Developments and Future Prospects in the United States
Authors: King* Lawrence P 
Published: November 2023

Abstract
Not to know our history dooms us to repeat it. An apt saying in the con text of the United States’ Bankruptcy Code (‘Code’) in current times. The popular press has taken up the cudgels, particularly with respect to chapter 11 of the Code, with claims of inefficiency, distorted priorities of purpose, costliness, and even stifling of competition. But it is not only that reorganization chapter that has been under attack; it is also the aspect of consumer bankruptcy, thought to be so humane in the United States, that at least since 19821 has been maligned and even changed to the detriment of those most in need the impoverished consumers.
Administration: Part II of the Insolvency Act 1986
Authors: Prentice Dan , Oditah fidelis , Segal* Nick 
Published: November 2023

Abstract
Part II of the Insolvency Act 19861 introduced the administration procedure into English insolvency law. The broad purpose of administration is to enable a company in a parlous state to trade out of its financial difficulties, or to realize its assets more advantageously than it would do in winding up. It is in part an alternative to an arrangement under section 425 of the Companies Act 1985,2 the appointment of an administrative receiver,3 or liquidation, for dealing with a company that is in financial difficulties. At the outset it is important to understand that administration is multifaceted and can serve a range of functions.
Voidable Transactions in Bankruptcy: British Law Perspectives
Authors: Fletcher* Ian F 
Published: November 2023

Abstract
The current law for England and Wales’ is contained in provisions within Parts VI, IX, and XVI of the Insolvency Act 1986 (hereafter ‘Act’ or ‘IA’). The IA maintains the historic distinctions within English insolvency law, whereby individual and corporate insolvency are subject to separate procedures. However, the IA is designed so as to coordinate the two regimes as far as possible. Therefore, many of the provisions dealing with avoidance of antecedent transactions are substantially identical, mutatis mutandis, for individual and corporate debtors alike.
Voidable Transactions in Bankruptcy: The Canadian Perspective
Authors: Mclaren* Richard H 
Published: November 2023

Abstract
A trustee in bankruptcy can attack a settlement or a fraudulent preference under the Bankruptcy and Insolvency Act, 1992 (the BIA) just as it has been able to since the enactment of modern bankruptcy legislation in Canada in 1919. A similar right is not found in the other major piece of Canadian insolvency legislation, the Companies Creditors’ Arrangement Act (the CCAA). The case law dealing with the proposal provisions under the prior bankruptcy legislation had concluded that the trustee did not have the same rights of review in a proposal as it did in a bankruptcy, where the assets of the debtor did not vest in the trustee under the terms of the proposal.
Preferred Priority in Bankruptcy
Authors: Cantlie Susan J 
Published: November 2023

Abstract
It is common for bankruptcy legislation to accord preferred status to certain classes of creditors. There is no one-to-one mapping between preferred creditors and nonconsensual creditors: for instance, not all nonconsensual creditors are given preferred status under the various bankruptcy regimes. Furthermore, not everyone would agree that those creditors who have been singled out for preferred status should be characterized as nonconsensual creditors.
Insolvent Trading ‘Down Under’
Authors: Herzberg Abe 
Published: November 2023

Abstract
The Corporate Law Reform Act 1992 (Cth), passed by the Australian Federal Parliament in December 1992, inserted new provisions into the Corporations Law that impose on directors a duty to prevent the company from engaging in insolvent trading. Directors contravene this duty if the company incurs debts when there are reasonable grounds for suspecting that it is insolvent. As discussed below, the Corporate Law Reform Act also inserted provisions into the Corporations Law that impose a corresponding duty on holding companies to prevent their subsidiaries from engaging in insolvent trading.
The Role of the Examiner as Facilitator and Harmonizer in the Maxwell Communication Corporation International Insolvency
Authors: Flaschen Evan D , Silverman Ronald J 
Published: November 2023

Abstract
As the speed, quantity, and complexity of business transactions steadily increase, so too do the size and complexity of the disputes, problems, and litigation that inevitably result from those transactions. Indeed, it ‘is no longer seriously disputed that American society and America’s economy are being buffeted by a “litigation explosion”.’ This profligacy has introduced increased expense, delay, and frustration for the business community. These costs and difficulties have in turn decreased the efficiency of the underlying commercial transactions, which take longer and become more difficult to initiate, implement, conduct, and conclude.
Comment on the Trautman Westbrook Paper
Authors: Taniguchi Yasuhei 
Published: November 2023

Abstract
I have found this a very difficult paper (hereafter TW paper) to comment on. This is because so many issues are raised in a short space. Moreover, I am not a specialist in the conflict of laws field. I have been teaching and researching bankruptcy law, including international bankruptcy law, for many years, but I confess I have not thought seriously about choice of law questions.
Introduction
Authors: Boyle Alan 
Published: November 2023

Abstract
The papers collected as chapters in this book were originally presented at a colloquium sponsored by the Oxford University Law Faculty and the Norton Rose M5 Group of Solicitors which was held in September 1993. Their theme, somewhat broadly put, is the relationship between environmental law and economic growth, as viewed by lawyers, regulators, and industry in Europe and North America. The confines of the colloquium and of this book did not permit the inclusion of environmental economists, whose contribution to the general theme is certainly as important as that of lawyers and regulators. Nor could any attempt be made to consider the issues from the perspective of the developing world, where there have long been strongly held, if not always fully thought out, views on the supposedly harmful economic effect of environmental concerns. It does not, therefore, pretend to be a comprehensive treatment of the relationship between environmental regulation and economic growth.
Environmental Information and Audit
Authors: Birtles William 
Published: November 2023

Abstract
This chapter is concerned with freedom of access to information on the environment. The United Kingdom still does not have a freedom of information statute for central government although one now exists for local government. The recent EC Directive on Freedom of Access to Information on the Environment as well as the mqst recent United Kingdom legislation referred to below has started an irresistible move to confirm the right of the citizen, pressure group, company, or state agency to know much more about the environment. The concept of a ‘right’ to environmental information is crucial because it improves environmental monitoring systems, increases the quality of environmental information which is gathered, and makes much of that information available to the public. These effects will, in turn, increase public participation in the procedures to control pollution, including the enforcement of environmental laws. What follows is a modest attempt to set out some of the developments in the last few years in this crucial area of environmental law.
European Community Law and the Environment
Authors: Mackenzie Margaret Brusasco 
Published: November 2023

Abstract
European Communities environmental regulation dates in the main from 1973 when the first Environmental Action Programme was adopted by the Community, subsequent to the first United Nations conference on the environment in Stockholm in 1972. Over the past twenty years the EC has adopted five Action Programmes in the field of the environment. Within the framework of these programmes it has adopted more than 200 legally binding acts—regulations, directives, decisions covering water, air, and noise pollution, waste, chemical substances, and nature protection.
Meeting the Cost of Environmental Regulation
Authors: Cridland John 
Published: November 2023

Abstract
What are the effects of environmental regulation on business? Are there benefits as well as costs for business in embracing environmental policy, and how can we more effectively pursue the advantages and better manage the consequences? These questions are central to any debate about environmental regulation and economic growth. They are as relevant today as they were at the inception of current debate in the 1980s, but they are no nearer a definitive answer.
The Child Soldier: Why Children Participate in Armed Conflict
Authors: Cohn Ilene , Goodwin-gill Guy S 
Published: November 2023

Abstract
MORE CHILDREN AND YOUTH BEAR ARMS in internal armed conflict and violent strife than ever before. Characterized by guerilla-style warfare conducted largely by part-time participants, such conflicts inevitably result in excessive civilian deaths and injuries, extensive damage to health and education systems, and substantial movements of refugees and displaced persons. When conflict drags on for years and even decades, the root causes themselves, such as poverty or repression, are exacerbated, galvanising civilian populations for recruitment into armed groups.
Responding to the Consequences of Participation: Law, Programmes and Policy
Authors: Cohn Ilene , Goodwin-gill Guy S 
Published: November 2023

Abstract
THE GENERAL THRUST behind national and international action on behalf of children is the recognition of their need for special care and protection, including legal protection. In the words of the Preamble to the 1989 Convention on the Rights of the Child (CRC), ‘the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations...’ Other international instruments stress the developmental needs of the child-freedom from hunger, access to education, participation in social and cultural life-and the particular role of the family.
Belgium
Authors: Fallon Marc 
Published: November 2023

Abstract
This chapter aims to determine whether the so-called doctrine of forum non conveniens, as applied in certain countries following the common law tradition, is to be found in Belgian private international law. In practical terms, this technique allows a judge to dismiss an action when it is considered more appropriate that a judge from another State should hear the case. One notes that the theory has an essentially negative effect, since it seeks to isolate the cases where the national court is ‘not convenient’ rather than to specify the cases where this court can be considered as ‘convenient’. It implies also the fulfilment of two conditions: the national judge declines jurisdiction only if the jurisdiction of the court of another State is established; the court seised would normally have jurisdiction according to the lex fori, subject to the possibility of a foreign court having jurisdiction under foreign law.
Canada (Common Law Jurisdictions)
Authors: Blom Joost 
Published: November 2023

Abstract
This chapter concerns the rules for declining jurisdiction as applied in the common law jurisdictions of Canada, that is, the twelve Canadian court systems whose law is derived from English law. These include the courts of the nine provinces other than Quebec, the courts of the Yukon and Northwest Territories, and the Federal Court of Canada.
The rules for declining jurisdiction must be seen in the context of the rules determining when a court may take jurisdiction. As under English law (leaving aside the changes made by European Community law), the grounds for jurisdiction are implicit in the rules for service of process. In Canada these are contained in the rules of court of each province and territory, and the Federal Court Rules. The relevant provisions differ considerably from each other as well as from their English model. To begin with that model, the traditional English rules for actions in personam distinguish between service on a defendant who is present in the territory of the forum country, and service on a defendant who is outside the country (service ex juris).
Canada (Quebec)
Authors: Goldstein Gerald 
Published: November 2023

Abstract
Quebecois law on international proceedings has been deeply modified by the recent adoption of the new Civil Code of Quebec, in force since 1 January 1994. Its Book X contains comprehensive legislation on private international law. It originates in part in case law, but mostly in the academic literature which brought to Quebec recent developments stemming from other legislation, such as the Swiss or the German private international laws, and from international conventions. Therefore, in this chapter we shall deal primarily with the new law, although reference will also be made to the pre-existing law.
Finland
Authors: Klami Hannu Tapani 
Published: November 2023

Abstract
Private international law has traditionally been a matter rather neglected by the Finnish legislator, and this is even more so for international procedural law. Neither has judicial practice developed clear rules. For this reason it is relatively easy to write the Finnish chapter, and I will in the discussion follow the agenda set forth by Professor Fawcett.
In spite of the lack of a doctrine of forum non conveniens similar reasoning is to a certain extent employed by using different concepts.
A Finnish court may take up a case, if:
(1) Finland has jurisdiction over the case, i.e. the Finnish legal order has so-called general competence, as it is called in Finland;
(2) The court can base its jurisdiction upon a forum norm. This is also called special competence.
Greece
Authors: Kargados Panagiotis , moustaira Elina 
Published: November 2023

Abstract
As it is an old, well known, and well respected principle of international law that every State has the power autonomously to determine its own international jurisdiction, Greece was early on confronted with the problem of whether and on what conditions Greek courts should have the power to decide international, i.e. Graeco-foreign private law disputes.
However, it was some time (1835-1968) before Greek citizenship ceased to be the determinative factor of our international jurisdiction. First in 1940, and then more clearly in 1968, Greek citizenship gave way, as such a factor, to the principle of overlapping international and territorial jurisdiction. According to Article 3 of the Code of Civil Procedure of 1968, Greek courts have international jurisdiction when they have territorial jurisdiction.
United States of America
Authors: Duca Louis F Del , Zaphiriou George A 
Published: November 2023

Abstract
This chapter deals with the difficulties that arise when courts in different territorial units assume or are about to assume jurisdiction to deal with the same matter between the same parties. Conflicts, or in any case costly duplication, between the two proceedings are avoided when one of t e multiple courts assumes jurisdiction while the other court stays or dis misses the same case. Ideally, the non-convenient jurisdictions will dis miss the case in favour of the most convenient forum. The factors which determine when a forum is not convenient are analysed in Part II of this chapter. When no court is prepared to decline jurisdiction by invoking the doctrine of forum non conveniens, and two or more courts proceed to judgment independently, we are faced with a lis alibi pendens situation (hereinafter referred to as lis pendens). Lis pendens will be dealt with in Part III of this chapter.
The Regulation Debate—The Parties Involved
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
While increased consumer demand may well be the reason for the heightened topicality of the issue of regulation for complementary medicine, it may not contribute proportionately to the regulatory end result. This is because it is highly likely that the direction of future regulation will be most influenced by those bodies with the greatest political stake in the outcome. In this chapter, we shall look at the four major parties involved in the regulation debate, and discuss their aims, in as much as they can be determined.
Ethical Practice
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
What do we mean by ethics-led regulation? Essentially we envisage a system of regulation whereby the emphasis is placed firmly on instilling a practical basis for ensuring ethical standards of practice and on avoiding mistakes in the first place. As with the promotion and maintenance of good health, the emphasis should be on prevention rather than cure. As we have seen, the modes of regulation we have looked at operate retrospectively, centring on disciplinary mechanisms which only come into operation when professional standards have already been breached. Our first aim, therefore, is to suggest ways in which practitioners can attain high, ethical standards on an individual level.
Collective Ethical Practice
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
Ethical conduct, first and foremost requires a practical understanding of what it means to practise ethically. Although one would trust that practitioners come to healing professions with certain internal standards, a theoretical understanding of what is meant by behaving ethically is something which will be instilled during training. This presupposes the existence of an infrastructure by means of which this can be achieved. As well as practical training in the technical skills required of therapy, it will require a commitment to the incorporation of training in the ethical dimensions of practice.
Holistic Regulation
Authors: Stone Julie , Matthews Joan 
Published: November 2023

Abstract
Looking ahead, we see the emergence of holistic based health care, combining the best of orthodox and non-orthodox approaches. We must recognize that the time schedule for change will be extremely gradual. This is inevitable, given what Capra calls ‘the tremendous symbolic power of biomedical therapy’ in our culture.
We need to accompany and facilitate this development with a holistic approach to regulation, recognizing the interplay of all existing regulatory mechanisms. Whilst we have focused on the centrality of ethics, we do not ignore the positive scope for using common law and statute law in ways which promote and facilitate a holistic therapeutic approach.
Why Regulate the Modern Corporation? The Failure of ‘Market Failure’
Authors: Campbell David 
Published: November 2023

Abstract
The argument that corporations should be subject to legal regulation of at least some of their actions tends to be couched in terms of ‘market failure’. Corporations are recognized to have characteristics, particularly the scale and scope of their operations, which make the market governance of their actions imperfect. The purpose of regulation is to iron out those imperfections and to restore market governance. Now in some cases this may mean very extensive legal regulation indeed, and in exceptional cases, particularly in respect of the so-called natural monopolies, an acceptance that market governance must be abandoned in favour of state governance. What typically is aimed at, however, even in these cases, is a sort of market governance through legally enforcing the effects of such governance when the market itself has lost the power to be self-enforcing.