bluuebunny/crossref_metadata_2025_split huggingface dataset:
Ministers And Legislation
Authors: Brazier Rodney 
Published: November 2023

Abstract
All departmental Ministers will want to take, and indeed will have to take. legislation through Parliament. To put things at their lowest, an Act initiated by a particular Minister will leave his mark on the statute book which may remain long after he has left office. And a Government can look back on its corpus of legislation as the main means through which it had sought to impress on the nation its version of the proper order of things. Some departments are responsible for more laws than others: in purely numerical terms, the Departments of Trade and Industry, Health, the Environment, Social Security, and the Home Office are usually near the top of the league in new legislation each session.2 A Minister who introduces a Bill into Parliament knows that, in all probability, it will be enacted thanks to the Government’s homogeneous majority in the House of Commons and the Government’s ability to get its legislative way in the end in the House of Lords.
Ministers’ Prerogative Powers
Authors: Brazier Rodney 
Published: November 2023

Abstract
The royal prerogative is of major significance in British constitutional law and practice. From the prerogative flow several of the most important powers possessed by Ministers. Decisions on peace and war; the deployment of the armed forces within the United Kingdom and around the world; the diminution of national sovereignty through the conclusion of treaties; the Prime Minister’s ability to appoint. reshuffle. and discard Ministers, to nominate members of the House of Lords, and to precipitate a general elcction2-all of those things are achieved through acts of the prerogative. More routine matters are also governed by it, such as the regulation of the civil service, the issue of passports, the grant of royal pardons, and many others. Statute law is, of course, of critical importance in the government of the United Kingdom. For more than a century governments have derived most of their powers from Parliament. Royal prerogative powers, however, have survived the encroachments of statute-not for the benefit of the Sovereign, but because they are essential if government is to be carried on.
Council of Europe Human Rights Conventions and European Community Law: A Comprehensive Framework for Protecting the Rights of Migrants in Europe?
Authors: Cholewinski Ryszard 
Published: November 2023

Abstract
The international protection of the economic, social, cultural, political, and residence rights of migrant workers and their families in Europe is discernible on a number of levels, and it is necessary to distinguish the different regimes, organizations, and multilateral instruments which play a part in the protection of this vulnerable group.The European Community (EC), consisting of 15 member states,1 is the most advanced international regime applicable to migrant workers and their families. Free movement of labour within EC countries is a reality and brings with it a plethora of elaborate provisions aimed at the realization of full equality between nationals of member states.
Who Is a ‘Migrant Worker ‘ In Europe?
Authors: Cholewinski Ryszard 
Published: November 2023

Abstract
The question-‘who is a migrant worker? ‘-is given a broad interpretation by universal instruments specifically concerned with the protection of the rights of migrant workers and their families. Although some categories of migrant workers are not always covered, such as self-employed workers, students, trainees, and seafarers, what is significant about these instruments is that states parties are obliged to afford protection to allmigrants within their territories regardless of ratification by the country from which these persons originate. The principle of reciprocity, however, is dominant in European arrangements for the protection of migrant workers and their families and is evidenced by the narrower personal scope of the relevant COE conventions and the free movement regimes, such as the EC. Migrant workers and their families from non-European countries and in particular from the developing world as well as illegal migrants, who are legitimate subjects of protection under the ILO and UN conventions, are especially at risk from exploitation and abuse in a continent which is becoming increasingly anxious about their presence.
The Right to Equal Treatment and Non-Discrimination
Authors: Cholewinski Ryszard 
Published: November 2023

Abstract
The extent to which equality is realized between migrants and nationals is pro foundly connected to the protection of the rights outlined in the following chapter. Discrimination against migrant workers and their families manifests itself in all parts of Europe.1 This discrimination also takes on many forms. Two distinct seams are distinguishable: ‘systematic institutionalized discrimination ‘ ,2officially sanctioned by the State, and discrimination suffered by migrants at the hands of the general host population. The first vein of discrimination is interwoven into the fabric of the temporary migration system.
Conclusion: Towords Inclusion or Exclusion?
Authors: Cholewinski Ryszard 
Published: November 2023

Abstract
As the hypothetical situation described indicates, the gulf between these two groups of migrants is considerable and is a profound aberration in the continent which can best provide for the fulfilment of the rights discussed in this study. The powerful unifying forces at play in the European arena that aim to integrate national economic and political systems must not lose sight of the human factor. For it is the people and workers of Europe, regardless of their nationality or social status, who contribute to its development.
Relationship of the Hague Convention with Other International Instruments
Authors: Beaumont Paul R , Mceleavy Peter E 
Published: November 2023

Abstract
This study has shown how the 1980 Hague Convention stands alone in the realm of international family law. It eschews traditional private international law remedies and consciously avoids making any determination on the merits of any custody issue. At most one could say that it introduces an indirect jurisdictional rule by seeking to have wrongfully removed or retained children sent back to their place of habitual residence, but as has been seen, this is not an absolute rule.
Liability for Foreign Branch Deposits in English Law
Authors: Blair William 
Published: November 2023

Abstract
In the introduction to his classic series of lectures entitled Payment Obliga tions in Commercial and Financial Transactions,2 Professor Goode points out that of all contractual obligations, the duty to pay money is the most fundamental. In this essay, one aspect of that duty is considered, namely the liability of a bank at the place of its head office to repay deposits held at a branch abroad. The issue is considered from the perspective of liability, ignoring any jurisdictional problems: in other words, jurisdiction in the courts of the place of the head office is assumed. It is an issue on which there is little direct English authority, but a considerable body of American case law and academic writing.
Juggling with Norms: the Conflict Between Collective and Individual Rights Under Insolvency Law
Authors: Fletcher Ian F 
Published: November 2023

Abstract
The dedicatee of this volume is one of those rare figures in the world of the law whose reputation places them at the pinnacle of esteem among both academics and practitioners alike. In both communities, the name of Roy Goode and the subject of Commercial Law are virtually synonymous, to the extent that it is impossible to utter the one without immediately thinking of the other. Of the many illustrious achievements in a lifetime devoted to the forging of links between all constituencies who in some way involve them selves in the commercial aspects of law, special mention must be made of the unique vision and innovative daring which led him to conceive and establish the Centre for Commercial Law Studies at what was then, in 1980, Queen Mary College in the University of London.
Some Observations on the Law Relating To Preferences
Authors: Prentice D D 
Published: November 2023

Abstract
Creditors of a debtor are under no obligation to look after the interests of their fellow creditors. A creditor is entitled to pursue its own economic self interest and in a situation where the debtor has more than one creditor (the norm rather than the exception), the race goes to the swiftest. Although a debtor has an obligation to seek out its creditor, inevitably when a debtor is in financial difficulties, it will repay its debts in a strategic manner, since, if it wishes to survive, it will not be in its interests to adopt an even-handed approach in effecting repayment of its debts. Survival dictates that the importunate creditor, creditors threatening liquidation, or those with a commercial stranglehold over a company’s affairs,2 will be repaid before their passive, dilatory, or commercially weak brethren. There is nothing legally wrong in pursuing this policy of survival and indeed if the strategy succeeds it will probably be for the benefit of all creditors since at the end of the day they will be repaid. But once the debtor goes into insolvent liquidation, the picture changes and the law precludes the debtor from diluting the pool of assets available for creditors by paying off the debts of a selected creditor or a selected group of creditors.
Commercial Morality and Public Policy as ‘Principles’ of Corporate Insolvency Law
Authors: Tomasic Roman 
Published: November 2023

Abstract
This article seeks to grapple with a number of basic principles of insolvency law which are applicable to attempts to manipulate such laws through such devices as so-called ‘phoenix companies’ and ‘strategic insolvency’. That it is important to take a principled approach to corporate insolvency is clear, although this is not always evident from the ad hoc nature of the corporate insolvency law reform process. The need for a principled approach has been well illustrated by Professor R. M. Goode in his masterly text, Principles of Corporate Insolvency Law. In his Preface to that work, Goode noted that corporate insolvency law ‘encompasses a wide range of complex, not to say controversial, policy issues which are only now beginning to receive in this country the attention they deserve’.
Environmental Justification for National Restrictions
Authors: Ziegler Andreas R 
Published: November 2023

Abstract
As has been shown, the Community principle of free movement of goods, in particular through the Court’s broad interpretation of Article 30 under the Dassonville formula, sets very important restraints on national measures for the protection of the environment. A great number of domestic measures risk being incompatible with Community law even if they are applied in a nondiscriminatory way. The Treaty itself, however, contains an exception from the prohibitions in Articles 30 and 34. Under Article 36 national measures for the protection of the life and health of humans, animals, and plants, as well as for other selected reasons, are justified in spite of their infringement of the free movement of goods principle.
Liturgy, Order and the Law
Authors: Bursell Rupert D H 
Published: November 2023

Abstract
Liturgy is concerned with the worship of God. Yet in spite of that - some might say because of that - it is necessary to have rules. It is sometimes mistakenly thought that these rules are archaic and therefore irrevelant; in fact the rules and their interpretation have changed considerably in recent years, so much so that there is now widespread concern among the clergy and church administrators about the degree to which Liturgical Law is being correctly understood and applied. This book has a straight forward aim which is to describe and analyse a wide range of Ecclesiastical Law topics which are scarcely dealt with in other books on Church Law and Ecclesiastical Law. As such it provides not merely a statement of legal principles but also a discussion in-depth of the relevant law and its developments. The style is precise and easy to read. The authorities and foot-notes are comprehensive. Arguably it presents the most comprehensive coverage of Ecclesiastical Law published in modern times.
Services in General
Authors: Bursell Rupert D H 
Published: November 2023

Abstract
Other than in relation to occasional services, the choice of service and lectionary is primarily one for the minister of the parish and the parochial church council. Toe choice of occasional office is for the officiating minister, save that appeal may be made to the diocesan bishop. Particular versions of the Bible are authorised for use.
The diocesan bishop may give directions in relation to what services are to be celebrated.
All worship must glorify God and edify the congregation; the congregation must participate reverently. Many ceremonies that were illegal are now lawful, such as processions, anointing with oil, the ceremonial use of candles, incense and holy water and the ceremonial ringing of bells.
Morning and Evening Prayer and A Service of the Word
Authors: Bursell Rupert D H 
Published: November 2023

Abstract
By the end of the last century doubts had arisen as to whether the services of Morning Prayer, the Litany and Holy Communion according to the Book of Common Prayer might be used separately. These doubts were resolved by the Act of Uniformity Amendment Act 1872, and, in spite of its repeal, it is clear that they may still be used separately. Indeed, this is indirectly confirmed by rule 2 of the Rules to Order the Service in the Alternative Service Book.
Occasional Services
Authors: Bursell Rupert D H 
Published: November 2023

Abstract
As has been seen it is not entirely clear what services are known as the ‘occasional offices’ but The Oxford Dictionary of the Christian Church gives the following definition:
Occasional Offices. In the [Book of Common Prayer], the services which in distinction from the constant offices of the Church (viz. Mattins and Evensong and the Holy Communion), are used only as occasion demand. They include Baptism, Confirmation, Matrimony, Visitation of the Sick, Communion of the Sick, Burial of the Dead, and the Commination.
The New Trust: Obligations without Rights?
Authors: Matthews Paul 
Published: November 2023

Abstract
In the beginning, there were people. Trusts did not come into existence because animals, or trees in California, complained to the Chancellor that property given to trustees for their benefit was being mis-applied. They were called into existence because people complained, because people presented petitions, because people pleaded for justice before the Chancellor as the keeper of the King’s conscience. Animals and trees could not do that. Nor can they still, at any rate not in English law.
Self-dealing Trustees
Authors: Justice Hon. MR , Mcpherson B H 
Published: November 2023

Abstract
In Tito v. Waddell (No 2), Sir Robert Megarry V-C distinguished between two rules applicable to trustees. The first, which he called the ‘selfdealing rule’, is that ‘if a trustee purchases trust property from himself, any beneficiary may have the sale set aside ex debito justitiae, however fair the transaction.’ The second, labelled the ‘fair-dealing rule’, is that ‘if a trustee purchases his beneficiary’s beneficial interest, the beneficiary may have the sale set aside unless the trustee can establish the propriety of the transaction, showing that he had taken no advantage of his position and that the beneficiary was fully informed and received full value.’
Moulding the Content of Fiduciary Duties
Authors: Austin R P 
Published: November 2023

Abstract
In 1991 P. D. Finn J began his essay on the commercial application of fiduciary principles by remarking that there were five questions of moment in contemporary fiduciary law.1 They were: first, what are the criteria for finding that a fiduciary relationship exists; secondly, how and to what extent do fiduciary principles apply in commerce; thirdly, how does fiduciary law regulate multi-function business and professional enterprises; fourthly, what kinds of monetary compensation are available for breach of fiduciary duty; and fifthly, what role does fiduciary law have in regulating the actions of government?
Equity’s Reaction to Modern Domestic Relationships
Authors: Morris Anthony J H 
Published: November 2023

Abstract
The evolution of equity, particularly over the last two centuries, has predictably responded to the social and economic circumstances which prevailed in England-and subsequently in other common law jurisdictions-for the greater part of that period. Of individual litigants, and particularly of those litigating in courts of equity, the great preponderance were persons of financial substance. Whatever may have been the situation amongst the less advantaged members of the community, traditional social orders were firmly rooted amongst the wealthy and privileged.
Professionals as Competing Monopolists
Authors: getzler Joshua 
Published: November 2023

Abstract
Professional services are provided on a contractual basis; but the common law ascribes non-contractual duties sounding in tort and trust to augment these contractual relationships. In a world increasingly predicated on free contract as an organizing idea, the gnawing problem bothering our writers on professional negligence is how to justify the continuation and even extension of tort duties to highly contractual professional-client relationships. Even wider: judges and jurists find they must justify how the law can impose communal norms on professionals outside any patent contract with their clients, especially where the terms of those professional duties go beyond anything the parties actively considered—or could have considered—when designing and forming the relationship. White v Jones is a stark modern example of the conundrum: a solicitor was made the guarantor of an inheritance for intended heirs with whom he had never treated. The disappointed heirs fell within the range or ‘proximity’ of the solicitor’s professional duties because it was reasonable for them to depend on him as a responsible expert, despite the absence of contractual nexus, The ‘privity fallacy’ which was demolished in Donoghue v Stevenson is only the most celebrated example of perennial troubles on the contract-tort border. There is constant insurgency on those borderlands, and professional negligence is but one example.
Introduction
Authors: Carruthers Bruce G , Halliday Terence C 
Published: November 2023

Abstract
The goal of rescuing business courses through both the British and American reforms. From the outset of reforms to their enactment, politicians and professionals repeat the refrain that a new bankruptcy law should help “save business,” give companies a “second chance,” rehabilitate companies unfortunate enough to be caught by an economic downturn or sudden cash-squeeze, and reorganize companies whose finances or debt-structure have become unmanageable.
Retribution, Proportionality, and Moral Luck in Tort Law
Authors: Cane* Peter 
Published: November 2023

Abstract
According to traditional wisdom, tort law is about compensation, not punishment. Even as applied to the assessment of damages, this pithy shibboleth misses an important part of the truth, if only because tort law recognizes disgorgement damages and punitive damages as well as compensatory damages. But applied more generally, the dictum is positively misleading. Tort law compensates people for harm, but only if some other person can be said to be responsible for that harm in one of the senses of ‘responsible’ recognized by tort law in its heads of liability. Every cause of action in tort is a two-sided affair concerned with the interests of the plaintiff on the one side and with the conduct of the defendant on the other.
The Collateral Source Rule Thirty Years On
Authors: Luntz* Harold 
Published: November 2023

Abstract
In 1966 John Fleming published ‘The Collateral Source Rule and Loss Allocation in Tort’. He later refined his analysis of the issue and extended the jurisdictions which he encomrassed in a chapter of the International Encyclopaedia of Comparative Law. One aspect, recovery from a tortfeasor which is insufficient to reimburse both the victim and the collateral source in full, was elaborated in a case note which he wrote in 1974.
States of Emergency in the Inter-American Human Rights System
Authors: Fitzpatrick Joan 
Published: November 2023

Abstract
Among the members of the Organization of American States (OAS), the association between human rights abuse and states of emergency has been strong. Several characteristics of the legal and political culture contribute to this phenomenon-periodic seizures of power by the military from civilian authorities, formalistic legal systems with weak traditions of separation of powers, and economically and racially polarized societies producing insurgent or terrorist groups. Human rights catastrophes occurred so frequently that the very concept of a ‘state of siege’ took on a Latin American countenance during the 1970s and 1980s.
Policing as Risk Communications
Authors: Ericson Richard V , Haggerty Kevin D 
Published: November 2023

Abstract
As was discussed in the introduction, this book analyses how the police are organized in terms of risk communications to and from other institutions such as insurance companies, regulatory agencies, financial institutions, health and welfare agencies, and motor vehicle agencies. Policing is a matter of responding not only to individual demands for service but also to institutional demands for knowledge about risk. The police are part of interinstitutional networks in which claims to expertise pertaining to a given type of risk and the need for knowledge about that type of risk among the relevant institutions determine the police jurisdiction in the given field.
Policing, Risk, and Law
Authors: Ericson Richard V , Haggerty Kevin D 
Published: November 2023

Abstract
Sociology has been centrally concerned with the problem of order. This concern entails a focus on whether behaviour is deviant and how deviance is controlled. Deviance is defined as a straying from the normal, which encompasses not only serious forms of abnormal behaviour such as criminal acts but also violations of organizational procedures and common sense knowledge. There traditionally has been a strong moral element in designations of deviance: deviance is wicked, bad, sinful, a violation of moral order.
Submarines
Authors: Roosevelt President Franklin D 
Published: November 2023

Abstract
This chapter analyses the law that regulates the use of submarines in armed conflict. It does not focus on the particular weapons carried on submarines, such as deck guns or torpedoes, but concentrates on the submarine itself as a weapons system. The submarine has long been recognized, and regulated, as a weapons system per se. This is due in part to the submarine’s ability to approach by stealth which allows the most efficient use of whatever particular weapons are available. Holistic regulation also exists because weapons deployed from submarines tend to be under human control for a longer period of time than when deployed from other naval platforms.