bluuebunny/crossref_metadata_2025_split huggingface dataset:
Open Fields: Science in Cultural Encounter
Authors: Beer Gillian 
Published: November 2023

Abstract
Science always raises more questions than it can contain. These challenging essays explore how ideas are transformed as they come under the stress of unforeseen readers. Using a wealth of material from diverse nineteenth- and twentieth- century writing Gillian Beer tracks encounters between science, literature, and other forms of emotional experience. Her analysis discloses issues of chance, gender, nation, and desire. A substantial group of essays centres on Darwin and the incentives of his thinking, from language theory to his encounters with Fuegians. Other essays include Hardy, Helmholtz, Hopkins, Clerk Maxwell, and Woolf. The collection throws a different light on Victorian experience and the rise of modernism, and engages with current controversies about the place of science in culture.
Speaking for the Others: Relativism and Authority in Victorian Anthropological Literature
Authors: Beer Gillian 
Published: November 2023

Abstract
When the Frazer lectureship was founded in 1921 A. E. Housman composed an address to Sir James Frazer in which he compared The Golden Bough to a banyan—instead of a single magical branch of parasitic mistletoe it is an exotic tree whose branches drop down new roots.
Jansons Duplicity: The Catholic Years
Authors: Donaldson Ian 
Published: November 2023

Abstract
Jonson here imagines a juridical system that is as pliable as the criminal energies it seemingly attempts to contain, turning and re turning as occasion and advantage offer. The lawyer’s readiness to take bribes from any source is benignly regarded as another proof of the legendary even-handedness of the law, and his ability to argue for opposing causes is admired as a form of rhetorical virtuosity and personal abasement: ‘these men,/ He knew, would thrive, with their humilitie’. Two of Jonson’s epigrams darkly celebrate similar skills in a lawyer named Cheverel. The skin of the cheverel or kid makes the softest and most malleable of gloves, that can be turned inside out in a moment: as can the lawyer.
Jonson, Shakespeare, and the Destruction of the Book
Authors: Donaldson Ian 
Published: November 2023

Abstract
One of the astonishing aspects of Shakespeare’s genius, so eighteenth-century readers believed, was his seeming indifference to the world of books. Shakespeare was the supreme example of the untutored artist, whose work sprang directly from his observation of nature and humankind, and from the inner recesses of the heart. ‘Perhaps he was as learned as his dramatic province required’, wrote Edward Young in his Conjectures on Original Composition in 1759, for
Johnson, in the serious drama, is as much an imitator, as Shakespeare is an original. He was very learned, as Sampson was very strong, to his own hurt: Blind to the nature of tragedy, he pulled down all antiquity on his head, and buried himself under it; we see nothing of Johnson, nor indeed, of his admired (but also murdered) antients; for what shone in the historian is a cloud on the poet; and Cataline might have been a good play, if Salust had never writ
Living on Writing
Authors: Sage Lorna 
Published: November 2023

Abstract
Book-chat (Gore Vidal’s phrase) always gives writing a character. In Grub Street people’s distinguishing marks are important, and for reviewers authors are first and last people who write. Many novelists and poets are book-reviewers themselves, or have jobs with publishers, or on the literary pages. Regular reviewers of new novels (or plays or poems, but I speak from experience only of fiction) are part of the daily life of letters, they write on the run, in the present tense, they have to live writing—read (say) ten new novels every fortnight and write about two or three of them—in order even partly to live on it.
Furtivos (Boran, I975): My Mother, my Lover
Authors: Evans Peter William 
Published: November 2023

Abstract
Furtivos (1975), with its dark narrative about matricide following a son’s discovery of his wife’s murder by his own mother, is a major landmark of Spanish film history.1 Its nightmarish odyssey into the furtive desires of inwardly damaged slaves of a culture in crisis follows an almost Dantesque pattern of personal and public torment. In its desire to shock the audience into awareness of its own complicity in barbarism the film recalls the Buñuel of Un chien andalou (1928) and the Hitchcock of Psycho (1960). One of a cluster of hard-hitting films (including Cria cuervos, 1975, and Camada negra, 1977) that appeared around the time of Francoism’s timely farewell, it met with both critical and commercial success.
Morton Feldman’s Neither: A Musical Translation of Beckett’s Text
Authors: Laws Catherine 
Published: November 2023

Abstract
Many composers have been attracted to Beckett’s work. Traditionally, there have always been two alternatives for word-setting: either the composer aims to serve the words’ own meaning and construction, in the belief that the music may underline particular dimensions of the text, or else the composer asserts the right to create an entirely different work, recasting the textual rhythms in line with the new context and respecting the original solely from the point of view of its relevance to the composition.
Was there a Renaissance in Music?
Authors: Owens Jessie Ann 
Published: November 2023

Abstract
Few musicologists have challenged the notion that a ‘Renaissance’ occurred in music.1 Most use the term to denote a music historical period from about 1430 to 1600, although there is considerable dis agreement about the precise temporal boundaries. I suspect that its use persists in part because there are obvious benefits to such period designations. ‘Renaissance’ can serve, for example, as a kind of short-hand designation in college music history survey courses or in the academic marketplace, as part of a job description, or as a way of organizing paper sessions at scholarly meetings. But surely the main reason why it continues to be used is the sense that there was something new (at whatever point might be chosen as the beginning boundary), some break from the past.
Directors, Creditors, and Shareholders
Authors: Prentice D D 
Published: November 2023

Abstract
It is a generally accepted principle of company law that directors owe their duties to the company and not to the company’s creditors or to its shareholders: ‘no fiduciary duty is owed by a director to individual members of his company, but only to the company itself, and a fortiori ... none is owed to a person who is not a member’.1 It is important to appreciate what this means and what it does not mean. It does not mean that the interests of shareholders or creditors can be ignored-what it entails is that there is no ‘free-standing’ duty owed by directors because of their status to creditors or to shareholders entitling the latter to sue the directors directly without some involvement on the part of the company. Neither does it entail that the duties which directors owe to the company may not embrace the interests of either the shareholders or the creditors for, as will be seen, in certain circumstances the ‘interests of the company’ (that most protean of concepts) can embrace the interests of the creditors or the shareholders.
Asset Protection For Multinational Corporations
Authors: Wiggin Harry 
Published: November 2023

Abstract
Individual and corporate investors throughout the world have, in recent years, become increasingly aware of the potential adverse commercial consequences of political and economic instability. This is especially so at the present time. The risks have, of course, been apparent since the advent of international trade. Indeed, as early as the Magna Carta in 1215, a principle similar to that enshrined in more recent Trading with the Enemy legislation was recognized, namely that the property in Britain of subjects of an enemy government could be attached until and unless it was established that their country recognized the property rights of aliens. However, down the centuries, and especially in the eighteenth and nineteenth centuries, numerous international treaties were entered into with the object of protecting the sanctity of private property; it was not until the American Civil War that Trading with the Enemy legislation as we now know it came into its own.
The Adaptation of the Asset Protection Trust for Use by the Multinational Corporation: The American Perspective
Authors: Schoenblum Jeffrey 
Published: November 2023

Abstract
During major international conflagrations and internal political disruptions in the past, corporate and individual capital has sought refuge in the United States and, to a lesser extent, the offshore Caribbean Islands. The conditions that have fostered the flight of capital to these jurisdictions persist and, thus, there is a continuing demand for fail-safe mechanisms for the preservation of the assets of corporations operating around the world. The common law trust has been regarded by some as an instrumentality that is capable of assuring the protection of such capital, while preserving flexibility of management and perpetuating corporate control, even though the corporation itself may be under siege. A careful analysis suggests, however, that there needs to be far more evolution in the law and focus on the underlying problem before one can truly claim this new role for the trust. Presently, the asset protection trust may actually be less appealing in many situations than the alternative of inaction or reliance upon certain other protective devices discussed in Chapter 10.
Ethnicity, Law and Human Rights
Authors: Poulter Sebastian 
Published: November 2023

Abstract
Recent world events have demonstrated anew that a majority of modern states do not reflect single nations, rather they are ethnically heterogeneous in character and possess profound religious, linguistic, and cultural divisions. This book from the acknowledged expert in the field is the first in-depth analysis of the interaction between the cultural traditions of Britain's ethnic minorities and English law. It explores the policies and principles which should govern the response of English law to ethnic diversity and tests them by reference to six detailed and illuminating case studies exploring specific issues of major cultural concern to a particular minority community, from the wearing of turbans to cannabis consumption. The continuing global upsurge in novel assertions of ethnicity and the book's many references to human rights law, as well as to other legal systems, make for a timely analysis set in a broad international context. The book will be of particular interest to scholars of civil liberties and human rights law, those interested in ethnic studies, and to race relations professionals.
Introduction
Authors: Poulter Sebastian 
Published: November 2023

Abstract
People have been coming to settle in Britain for centuries. They have come from near and far, individually and in groups, fleeing from political or religious persecution and in search of economic advancement. Among the many groups of immigrants who entered this country between 1400 and 1900 mention may be made of the arrival of wandering bands of gypsies during the fifteenth century, the importation of African slaves and servants from the sixteenth century onwards, the influx of Huguenot refugees from France during the sixteenth and seventeenth centuries, and the re-admission of Jews in the middle of the seventeenth century for the first time since the banishment imposed upon them by Edward I in 1290.
Institutional Investors In The United Kingdom
Authors: Davies Paul L 
Published: November 2023

Abstract
The purpose of this paper is to assess the role currently and potentially performed by institutional investors in the United Kingdom. In some ways this is part of a very old debate concerning the separation of ownership and control in large companies in the UK. However, the growth of institutional shareholdings does give that old debate a new twist. In the past discussion has revolved around the question of what the significance of that separation was for the governance of companies, whereas the growth of institutional shareholding has raised the question of whether we need to contemplate a future in which separation will continue to be a significant feature of the corporate scene. Of course, the two aspects are intimately linked: whether one welcomes the prospect of ending the separation must be influenced by one’s view of the consequences of the divorce of ownership and control.
Takeovers Versus Institutions In Corporate Governance In Germany
Authors: Baums* Theodor 
Published: November 2023

Abstract
The corporate governance systems in the UK and in Germany differ markedly. German large firms have a two-board structure, they are subject to employee co-determination, their managements are not confronted with public hostile takeover bids, and banks play a major role in corporate governance, through equity stakes, proxies given to them by small investors, and bankers’ positions on the supervisory boards of these firms. One of the main issues of corporate governance in large firms, the problem of shareholders’ passivity in monitoring management in Berle-Means-type corporations, is thus addressed by an institutional provision, the role of the banks, rather than by a market-oriented solution as we find it in the UK, with its ‘market for corporate control’ through the threat of hostile takeovers. .
An Overview of Recent Developments and Future Prospects in the United Kingdom
Authors: Segal* Nick 
Published: November 2023

Abstract
The last decade has seen great strides in the development of insolvency law in England and the United Kingdom generally. This period has seen the adoption of a new legislative framework, much new case law, and the development of the conceptual aspects and jurisprudence of the subject, all fuelled, at least latterly, by a deep and prolonged recession. The United Kingdom has not been alone in coming to terms with insolvency law reform. Key common law jurisdictions such as Canada and Australia have recently passed major new statutes amending their insolvency law. Even the USA is considering further amendments to its Code.1 Furthermore, a number of Continental European jurisdictions have undertaken insolvency law reform in recent years. The Netherlands and Germany are examples.
Philosophies of Business Bankruptcy Law: An International Overview
Authors: Flessner* Axel 
Published: November 2023

Abstract
Bankruptcy procedure is a drastic remedy: at the outset the debtor will be dispossessed or be placed under supervision, and the creditors will be denied their right to enforce their claims. At the end of the procedure there may be expropriation: of the debtor through the liquidation of his assets, and of the creditors through the extinction or reduction of their claims or through conversion of their claims to shares in the debtor company or other lower ranking entitlements. It seems natural then that from time to time we should explore the reasons that justify such drastic treatment of private (and very often simply unfortunate) debtors and creditors.
A Systems Approach to Comparing US and Canadian Reorganization of Financially Distressed Companies
Authors: Lopucki* Lynn M , Triantis** George G 
Published: November 2023

Abstract
In this chapter we compare the systems for court supervised reorganization of financially distressed companies in Canada and in the United States.1 Though Canada shares a common language and heritage with the United States, it has rejected many legal doctrines thought to be fundamental to the operation of the US system of bankruptcy reorganization, such as cram down, the estate, the debtor in possession, and the debtor’s option to assume or reject executory contracts. We expected that such differences in doctrine would be reflected in differences in the manner in which the systems in the two countries functioned. Instead, we found striking similarities in function.
Conflict of Laws Issues in International Insolvencies
Authors: Westbrook Jay Lawrence , Trautmant Donald T 
Published: November 2023

Abstract
Our analysis in this paper rests on two fundamental premisses: (a) that a set of international choice of law rules in insolvency matters should not be constructed in isolation, but as part of a larger system in which nations cooperate in the interests of predictability and fairness; and (b) conversely, that choice of law is central to any such cooperative system. It follows that we must begin a discussion of the choice of law problem in international insolvency by placing it in context. To do so, it is necessary to describe the traditional structure of the problem and then to explain the rather different distinctions that modern analysis suggests. We will focus primarily on liquidation, for its own sake and as a backdrop to reorganization. Among the various types of choice of law issues, we will focus primarily on the adjudication of property rights.
Some Comments on Harmonization of Jurisdictional and Recognitional Rules
Authors: Broude Richard F 
Published: November 2023

Abstract
There is a clear need to improve the way problems arising out of cross border insolvencies and simultaneous insolvency proceedings in more than one country involving the same debtor are resolved. Experience in these types of cases over the past three or four years (the most highly publicized examples being Maxwell, Olympia & York, and BCCI) has demonstrated the need for more efficient and less expensive ways of solving the problems caused by a multiplicity of proceedings.
Economic Growth and Protection of the Environment: The Impact of International Law and Policy
Authors: Boyle Alan 
Published: November 2023

Abstract
The United Nations Conference on Environment and Development (UNCED) held at Rio in 1992 focused international attention on the adoption of global policies whose explicit purpose was to reconcile economic development with environmental protection. In the Rio Declaration on Environment and Development, and in a programme of action known as Agenda 21, the Conference endorsed principles and policies with important implications for the future development of international and national environmental law. These include the notions that development must be sustainable, that the polluter should bear the cost of pollution, that individuals should have access to effective redress, that environmental measures should not arbitrarily or unjustifiably restrict international trade, and that environmental measures addressing transboundary or global environmental problems should as far as possible be based on an international consensus.
Anti-Dumping and Anti-Trust Issues in Free-trade Areas
Authors: Marceau Gabrielle 
Published: November 2023

Abstract
In this book the legitimacy of anti-dumping measures in free trade areas is discussed. Economists argue that, generally, anti-dumping actions restrict and distort competition. In political terms, anti-dumping measures are biased in favour of a privileged interest group: the producers. Legally, they infringe the obligation of National Treatment contained in the GATT and NAFTA. Within regional groupings they contradict the guidelines of Article XXIV(8) (b) of the GATT. At the same time, anti-dumping measures are an exclusive exercise of sovereignty and would seem to protect statehood and arguably other national interests of any importing state. The traditional alternative for anti-dumping actions has always been argued to be the application of domestic legislation against predation and price discrimination. It is suggested that this solution is inappropriate or at least incomplete. Many abuses, other than predation, can be exercised in transnational market: transnational vertical restraints such as tying, refusal to deal, restrictions on patents, trade marks and copyrights may all facilitate dumping. Indeed, in an international forum, what constitute market power and abusive conduct differ from what would otherwise be acceptable in a domestic market. Security and other national policies ought to be weighted against efficiency considerations. In this context, the European framework of analysis, where variables additional to efficiency are balanced in competition assessments, provides a good model for such an international code of competition. Indeed, within a regional economic grouping, interests may be different. Anti-dumping laws may be phased out if states are willing to see national distinction phasing out as well. It is argued in this book that NAFTA can constitute a laboratory for needed discussion on an international code of conduct of firms and governments. It will then be suggested that anti-dumping actions could be phased out within NAFTA only if a comprehensive system of competition laws were to be enforceable against any transnational restrictive business practice. But for all states to agree on such legislation, they must have reached parallel.
Child Soldiers
Authors: Cohn Ilene , Goodwin-Gill Guy S 
Published: November 2023

Abstract
1994 is the International Year of the Family, and debates about the rights of the child are once again at the top of the national and international legal and political agenda. Yet in places of armed conflict all over the world tens of thousands of children are recruited to fight in bloody conflicts, and their rights are systematically ignored and abused. In this path-breaking study, Professor Goodwin-Gill and Dr Cohn assess the status of the Child Soldier in international law and highlight the ways in which international humanitarian law fails to provide effective protection, particularly in the internal conflicts which are the most common battlefields today. Based upon empirical data gathered from places of conflict all over the world, the authors examine the consequences for child soldiers, their families and community of their participation in armed conflict. They conclude their study with practical suggestions for preventing recruitment, and call for a more coherent policy of treatment for those children who have participated in acts of violence. This report, on behalf of the Henri Dunant Institute, in Geneva, is a timely and much-needed contribution to a growing debate about the role of children in armed conflict.
Great Britain
Authors: Beaumont Paul 
Published: November 2023

Abstract
This chapter examines the recent case law on forum non conveniens in England, but first of all examines its origins in Scotland. It is arguably one of the Scottish legal system’s most successful exports. It was originally referred to in Scotland as forum non competens, but in the latter half of the nineteenth century the modern wording was adopted, as it better reflected the true nature of the plea. It is today a plea of general application in Scotland and England except where its application is inconsistent with the Brussels and Lugano Conventions.
The meaning of the plea has not always been free from doubt. Some authority supports a very restricted scope for forum non conveniens whereby the Scottish courts would sist (stay) the proceedings only if an ‘unfair disadvantage’ or a ‘real unfairness’ would result for the defender if the action were held there.