bluuebunny/crossref_metadata_2025_split huggingface dataset:
Termination
Authors: Amerasinghe C F 
Published: October 2023

Abstract
The analogy, however, is not convincing. Once the Applicant’s position as Division Chief was eliminated, he had no comparable claim upon other vacancies at the same grade level-any more so than other qualified staff members, each of whom was vying for the vacancy. The Bank, by thus making a comparative judgment about the abilities of the various canditates for the vacancy, cannot be said to be acting in a manner comparable to terminating the service of an incumbent staff member. In the process of selecting for vacancies, it is reasonable for the Bank to employ the criterion of comparative skills and abilities, unlike the case of a termination where a more ‘absolute’ standard-such as ‘cause’ for dismissal is customary and correct. This seems equally to be the case whether the contenders for the vacancy are at the same grade level or whether they include highly qualified ‘promotables’. (Fernandes, Decision No. 90 [1990], para. 39)
‘Like That Desmond Morris?’
Authors: Armstrong* Gary 
Published: October 2023

Abstract
In an attempt to redress gaps in our knowledge this study attempted a specific anthropological case study of a group of football hooligans. These were supporters of Sheffield United FC, nicknamed ‘The Blades’ due to their being founded by cutlers of the city’s renowned steel industry. Borrowing this nickname all supporters of the club and also the Hooligan Element call themselves and each other Blades. For clarity I used this title when referring to the hooligans, and ‘Unitedites’ when referring to dub supporters. Blades know they arc hooligans, but do not refer to themselves or others by this term except in jest and ridicule.
Comparative Excursus
Authors: Fentiman Richard 
Published: October 2023

Abstract
A comprehensive survey of national approaches to foreign law is beyond the scope of this discussion.1 But it is necessary to draw selectively on the experience of other systems, the better to assess the English approach and to identify possible patterns for its reform. In doing so, whether foreign law must be applied (which is properly part of the choice of law process) must be separated from how it is established (which is a procedural matter).
Introduction
Authors: Jackson John , Doran Sean 
Published: October 2023

Abstract
There is no more potent symbol of the common law tradition than the jury. From fictional portrayals of the legal process in action to popular accounts of notable cases, the jury is typically presented as the fulcrum of the adversary trial system. Legal scholarship too has concentrated considerable attention on the institution of the jury, both on the mechanics of this method of trial and on the broader issue of the desirability of lay participation in the administration of justice. In the words of one author, the orthodox literature in the field of evidence has tended ‘to treat the contested jury trial as the paradigm case of all trials.’1 There are, however, several ironic facets of such ‘jury-centredness’ which have provided much of the stimulus for this book. First, the actual part played by the jury in the legal process is much more limited than its popular depiction would suggest. Although the jury is viewed by most as the ideal mode of conducting trials according to adversarial tenets, its practical influence has for many years been in steady decline.
The Hearsay Rule in Operation (and Inoperation)
Authors: Choo Andrew L -T 
Published: October 2023

Abstract
This Chapter considers diverse situations which are linked in some way to the rule against hearsay. They range from situations in which the hearsay rule has been applied with vigour, with resulting unfairness to accused persons, to situations in which the rule has been ignored or misapplied. The aim in this Chapter is not to develop a particular theme, but simply to highlight the fact that the hearsay rule is a potentially far-reaching one, albeit one which has been conveniently sidestepped in some circumstances.
Statutory Exceptions to the Hearsay Rule
Authors: Choo Andrew L -T 
Published: October 2023

Abstract
In this Chapter we shall examine a number of statutory provisions which have the effect of rendering admissible, in criminal trials on indictment, evidence which might otherwise be hearsay. Of these provisions, arguably the most important are those contained in Part II of the Criminal Justice Act 1988.1 Statutory reform of the hearsay rule in the criminal sphere has been piecemeal, and there is nothing approaching the fundamental statutory reform encapsulated in the Civil Evidence Act 1968. The provisions examined below are largely self-explanatory, and thus the aim here is not to provide a detailed description of their operation, but rather to draw attention to any relevant interpretations of the provisions in case law, as well as to highlight possible difficulties with the provisions and to assess whether the goal of ensuring the admissibility of reliable evidence, especially reliable documentary evidence, has been achieved.
The Secret Patents Act of 1859
Authors: O’Dell T H 
Published: October 2023

Abstract
On 21 March 1859 Sir Fitzroy Kelly, (1796-1880), Attorney General in the Earl of Derby’s second Tory administration, introduced the Patents for Inventions (Munitions of War) Bill to the House of Commons (H3, 153 at 482). The bill, he explained, was ‘intended to accomplish a very important object’, in that ‘it was thought that inventions respecting munitions of war, or others of a character which it was for the public interest to conceal, should be vested in the Crown’. He went on to describe the procedures that were proposed for ‘sealing up’ and ‘keeping secret’ the specifications of these patents, and concluded that ‘to such a proposal there could ... be no objections because, in ancient times it was the prerogative of the Crown to secure to itself an exclusive right to all inventions of a military character.
Towards an Official Secrets Act
Authors: O’Dell T H 
Published: October 2023

Abstract
The last chapter has taken us as far as 1870 in the history of secret patents, when Parliament was clearly preparing for a change in the patent system. This occurred in 1883, and will be dealt with in this chapter, which will then consider a closely related Act, the Official Secrets Act of 1889. The Public Record Office holds papers concerning the preparation of both Acts, and some of the papers concern discussions and decisions that took place back in the 1870s. This is in great contrast to the situation surrounding the Acts of 1852 and 1859, which were discussed in Chapters 2 and 3: no records survive that might tell us about the confidential discussions that preceded the preparation of these bills.
The Secrets of Two Technical Revolutions
Authors: O’Dell T H 
Published: October 2023

Abstract
In February 1896 Guglielmo Marconi (1874-1937) sailed from Italy to England with his mother. He brought with him his experimental equipment for wireless telegraphy, and the plan was to contact some wealthy people with whom his mother was connected and persuade them to provide capital for the exploitation of his ideas (Marconi (1962), 33; Baker (1970), 28; Jolly (1972), 34). The Marconis first lived in one of the apartments that Sophia Gerstner rented out at 71 Hereford Road, in a part of London then called Westbourne Park, a large-scale speculative development of terraced family houses that had been built around 1850. ‘Until 1830 this was one of the most beautiful rural spots for which the parish of Paddington was renowned’ (Clunn (1932), 385). Perhaps the speculative builders hoped that its glorious past would ensure a glorious future, but by 1896 the houses were nearly all in multiple occupation.
The Regulatory Criss-Cross: Interaction between Jurisdictions and The Construction of Global Regulatory Networks
Authors: Picciotto* SOL 
Published: October 2023

Abstract
Concern with international regulatory competition, or at least its explicit theorization, is relatively recent, although the issues it raises have a much longer history. This is partly because discussion of the regulation of eco nomic relations has also been recently renewed, as privatization and the reduction of direct state intervention in economic activity have brought more sharply into focus the many other ways in which economic trans actions and relations are socially ordered, whether by formal or informal, public or private means. The second main factor is that regulatory regimes have been brought into greater interaction, as the removal of direct barriers to the flows of goods and money between states (tariffs/quotas and exchange controls) has shifted attention towards regulatory difference as a barrier to entry of commodities or capital.
European Integration and a Pensions Problem: Coping with a Chameleon
Authors: Moffat Graham 
Published: October 2023

Abstract
A central issue for the EU in the 1990s is how far it can develop on the basis of liberalization of the free movement of economic factors, while allowing or retaining a significant degree of national diversity in social and welfare provision. A related question, central to the concerns of this book, is the extent to which there needs to be integration or coordination between the differing national regulatory frameworks, or whether differences and competition between them can provide important incentives to produce an opti mal regulatory scheme, whether by deregulation or reregulation.
Dreaming Trade or Trading Dreams: The Limits of Trade Blocs
Authors: Drache Daniel 
Published: October 2023

Abstract
The global trading system post r 945 was founded on the principles of lib eral internationalism--multilateralism, non-discrimination, and the economic theory of comparative advantage. At its core, it promised to organize the world’s trading system on a non-political basis so that dominant coun tries could not use political or military power to follow ‘beggar-thy neighbour’ policies and gain an advantage over small and medium-sized nations. Instead, the good performance of nations everywhere was thought to depend on unimpeded technology and investment inflows from private investors, converging production costs, an extended hand to developing nations, and a well-managed set of macro-economic policies to ensure that investment flowed to the strategic sectors (Friedman and Lebard 199!).
Introduction
Authors: Woodhouse Diana 
Published: October 2023

Abstract
The importance of good administration is frequently stressed by politicians, civil servants and judges. However, as a concept it lacks definition or at least clarity as to its content. At a minimal level administration may be considered ‘good’ if it achieves the implementation of the policy goals of the Government of the day in accordance with the values underpinning these goals. Thus what constitutes good administration may change as the requirements of Government and the role of the State changes. Good administration in the context of intervention and the Welfare State may be different from good administration in the context of rolling back the frontiers of the State and cutting public expenditure.
Judicial Perspectives On Good Administration: The Public Interest
Authors: Woodhouse Diana 
Published: October 2023

Abstract
The use of the public interest by the courts in the context of good administration has a number of interpretations. Sometimes it recognizes a public interest in the individual being treated fairly. At other times it is concerned with the wider public, which includes the taxpayer. Usually, however, it is expressed in terms of there being a public interest in administrators being able to operate efficiently and effectively, unhampered by unpredictable challenges which bring into question the validity of decisions and result in uncertainty and a lack of confidence in the system.
Australian Comparisons
Authors: Woodhouse Diana 
Published: October 2023

Abstract
Australia, like Britain, has also been engaged in the reform of the Public Service. However, the first phase of reform in the early 1980s was concerned with the improvement of public administration rather than with a reassessment of its role or with rolling back the frontiers of the State. The impetus for reform came from public and political dissatisfaction with the way in which the Public Service (the Australian equivalent of the Civil Service) was operating. There was concern about the efficiency and effectiveness of service delivery and, in this respect, the motivation for reform had a similar basis to that in Britain and elsewhere. Moreover, it resulted in similar changes within public administration, such that managerial responsibilities have been increasingly devolved, the central personnel functions abolished, procedures to measure performance and review programmes introduced, and top public service positions have become subject to open competition.
More on Jurisdiction to Prescribe: Of Effects and Balancing
Authors: Lowenfeld Andreas F 
Published: October 2023

Abstract
The discussion in Chapter 2 of the Insurance Antitrust case before the U.S. Supreme Court may have left the reader in a somewhat dissatisfied state. It is not just that the approach of the Restatement that I have been espousing fell one vote short. More important for our inquiry, the majority accepted effects jurisdiction without any discussion, and by defining ‘conflict’ in terms of black and white, the majority avoided having to say anything about balancing of competing interests, which is most needed-as well as sharply debated-with respect to the gray areas.
National Jurisdiction and the Multinational Enterprise*
Authors: Lowenfeld Andreas F 
Published: October 2023

Abstract
I want in this Chapter to focus on the special case of the multinational corporation as the object of both of the subjects that we have been discussing thus far-jurisdiction to prescribe and jurisdiction to adjudicate. In many ways the multinational enterprise has been the dominant institution in the international economy, at least since World War I. Yet, to a surprising degree, the law has not kept up with reality. While there is an enormous body of legislation, judge-made law, and commentary in all the industrial states concerning the governance of corporations, nearly all such law was developed in a private law context, before the wave of regulation, taxation, labor law, environmental controls, and other forms of govern mental intervention familiar today; moreover, nearly all such law was developed with a view to a single firm operating out of a single state, owned by shareholders who might or might not also be managers but were not other corporations. The modern multi-layered, multinational enterprise, in which dozens or even hundreds of firms are linked through common ownership or control, has not been the focus of company law in any state. The question that I want to address here is the extent to which responsibility-substantive and procedural-can or should be attributed to multinational enterprises for obligations of member companies under national laws.
Discovery Across National Frontiers
Authors: Lowenfeld Andreas F 
Published: October 2023

Abstract
As the preceding chapters have shown, there has been no lack of controversy in regard to jurisdiction to prescribe, jurisdiction to adjudicate, and recognition of judgments across national frontiers. Still, no aspect of international litigation has caused as much friction as the issue of discovery.1 And more, I think, than any other focal points of controversy, the controversy over discovery is not one pitting the common law against the civil law, but rather one pitting the United States of America against the rest of the world. England, for instance, including both the courts and Parliament, has been in the forefront of resistance to American-style discovery, which is in many ways quite different from discovery in England.2 In this regard, the aphorism attributed to George Bernard Shaw about America and England-two countries divided by a common language-is clearly correct.
Understanding Access to Environmental Information: the European Experience
Authors: Kimber Clíona 
Published: October 2023

Abstract
There have been many developments at national and international level in recent years which aim to increase the amount of environmental information that is generally available and accessible. These have occurred not simply because of a view that information on the environment, which is the heritage of all, should be available to all, but also because the availability of environmental information plays a number of roles in improving environmental protection. In this chapter I examine the role of access to information in environmental decision-making.
International Environmental Law and the Challenge of Globalization
Authors: Evans* Tony 
Published: October 2023

Abstract
Since the creation of the United Nations system, conventional wisdom has it that solutions to all international and global problems are found by drafting international law. This has become such an entrenched view that the discourse surrounding almost every conceivable global issue turns on a detailed examination of law creation and formal methods of implementation. The focus of such a discourse is an assumed outcome that the law is supposed to produce. Policy-makers and lawyers engaged in thinking and writing about global problems from the legal perspective rarely pay attention to the political, social, economic, and cultural contexts when conducting their analysis. Instead, they focus on legal texts, institutional processes, and organizational matters: an approach that tells us much about the abstract elegance of the law, legal processes, and organizational theory, but little about causation. John Vincent, for example, has referred to those who write about universal human rights in this vein as ‘notoriously wishful thinkers’, and notes how irrelevant much human rights talk is to securing the human dignity of people.
The Participants in Australia
Authors: Stapledon G P 
Published: October 2023

Abstract
This and the following two chapters examine the involvement of institutional shareholders in corporate governance in Australia. The structure of the analysis mirrors that used in Part II. Thus, Chapters 7 and 8 examine, respectively, the issues with which the institutions have been concerned and the manner in which they have conducted their monitoring. Being the parallel of Chapter 3, the present chapter looks, first, at the significant institutional players in the Australian corporate-governance arena. It then introduces the Australian institutions ‘ collective-action vehicle: the Australian Investment Managers ‘ Association. Chapters 6, 7, and 8 are significantly shorter than their counterparts in Part IL This is evidence of the relatively smaller role (viNl-vis the position in the UK) played to date in Australian corporate governance by institutional investors.
Areas of Involvement in Australia
Authors: Stapledon G P 
Published: October 2023

Abstract
The following discussion of the various areas of known institutional involvement in the affairs of listed companies in Australia is divided into procedural/general issues and company-specific issues. It will be seen that institutional involvement has a shorter history, and has been considerably narrower in scope, in Australia than in the UK. The are several references in this chapter and later chapters to an interview study involving Australia-based institutions. This study was conducted by the author in Melbourne and Sydney in February 1994. It was designed as a comparative one vis-a-vis the author ‘s UK interview study. The interviewees were the senior executive or a senior fund manager of 13 investment-management firms. The 13 institutions managed listed Australian equities worth A$52,170 million at 31 December 1993, which represented 17.3% of the value of the Australian equity market at that date. The institutions included the five largest, and seven of the eight largest, managers of Australian equities at 31 December 1993.2 The writer also had several discussions with the Executive Director of the AIMA, in Sydney, Melbourne, and Adelaide, during 1993, 1994, and 1995.
Tracing the Proceeds of Crime: an Inequitable Solution?
Authors: Norman Helen 
Published: October 2023

Abstract
The law relating to the creation and tracing of equitable proprietary interests is still in a state of development. In A-G for Hong Kong v Reid [1994] AC 324 the Board decided that money received by an agent as a bribe was held in trust for the principal who is entitled to trace and recover property representing the bribe. In Napier and Ettrick v Hunter, Lord Napier and Ettrick v RF Kershaw Ltd [1993] AC 713 at 738- 739 the House of Lords held that payment of damages in respect of an insured loss created an equitable charge in favour of the subrogated insurers so long only as the damages were traceable as an identifiable fund. When the scope and ambit of these decisions and the observations of the Board in Space Investments fall to be considered, it will be necessary for the history and foundations in principle of the creation and tracing of equitable proprietary interests to be the subject of close examination ... 1 The aim of this chapter is to examine whether the conditions which govern the availability of equitable tracing, as developed in an era when fraud was less complex, are capable, in conjunction with the imposition of a constructive trust or of liability to account, of providing an effective response to the phenomenon of money laundering. If it is concluded that these requirements are not effective, then a second issue is whether they need reformulating, as Lord Mustin appears to suggest. If it is then decided that money laundering cannot be remedied (or rather, cannot be remedied consistently) through the use of equitable tracing, then the ultimate question must be whether some other response, such as a personal restitutionary action at common law, is possible, or indeed, appropriate.
Entitlement to the Grant and Ownership of Intellectual Property Rights: Jurisdiction
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
An issue which is linked to the creation of intellectual property rights is that of their ownership. Which court will have jurisdiction to hear the case when the ownership of an intellectual property right is disputed? Are the special jurisdictional rules that apply to the creation of intellectual property rights also applicable to the issue of ownership of intellectual property rights?There is, however, more than one aspect of the ownership issue that needs to be addressed. First, there is the question of first ownership of an intellectual property right.
Preliminary Remarks
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
Once a court has decided that it possesses jurisdiction, it must move on to the next stage of determining the law applicable to that case, ie which State’s substantive law governs. This is of vital importance. To illustrate this, we can take the example of unfair competition. The plaintiff complains that disparaging remarks have been made about his product. Under Swiss substantive law, there is an actionable tort of unfair competition, whereas under English law there is not. It follows that the plaintiff will recover damages if Swiss law is applied, but fail to do so (at least for breach of unfair competition law) if English law is applied. In order to determine whether English substantive law or that of a foreign State applies, resort has to be made to choice of law rules.
Creation, Scope and Termination of Intellectual Property Rights: the Applicable Law
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
The international intellectual property Conventions are mainly and almost exclusively concerned with the creation of the various intellectual property rights, the scope and content of these rights and their termination. We will now have to consider what effect the private international law related provisions of these Conventions, which we analysed in the previous chapter, have in this area.