bluuebunny/crossref_metadata_2025_split huggingface dataset:
Strategizing Realistically in Competitive Environments
Authors: Starbuck William H 
Published: November 2023

Abstract
This chapter advances an iconoclastic argument—that formal strategizing generally makes no important contributions to profits. This argument has four bases: One is the formality with which most firms strategize; formalization undercuts formal strategizing ‘s potential value. A second basis is the existence of fundamental barriers to achieving measurable gains through forecasting and strategizing; these barriers mean that strategizing usually cannot have visible, intended effects on profits. A third basis is the high frequency of large errors in managers ‘ perceptions of their own firms and their market environments; when managers strategize, most of them are trying to run imaginary firms in imaginary markets. A fourth basis is the impossibility of making accurate long-range forecasts and thus of anticipating the consequences of strategies.
Trying to Help S&Ls: How Organizations with Good Intentions Jointly Enacted Disaster
Authors: Pant P Narayan 
Published: November 2023

Abstract
Failures of U.S. savings and loan institutions (S&Ls) in the 1980s added up to one of the largest financial disasters ever to hit the nation. The costs fell on everyone because the Federal Savings and Loan Insurance Corporation (FSLIC) insured the deposits. In 1990, the General Accounting Office estimated that the insurance losses would ultimately exceed $325 billion—over $1,000 for each resident of the United States (Barth 1991). Since many books and articles have appeared about this disaster, a reader might wonder what else there is to say. Improbably, this chapter argues that several explanations do not work and that analysts have slighted some important factors. Analysts have ignored or de-emphasized the effects of decision processes and nearsighted analyses. Most analysts have also focused on events during the 1980s and understated the importance of long-term trends and abrupt policy changes.
The Law of Multi-Bank Financing
Authors: Mugasha Agasha 
Published: November 2023

Abstract
This new work provides analysis of the legal and regulatory facets of syndicated loans, secondary loan market practice and other related financial practices. Acknowledging the dynamic growth in the secondary loan market Mugasha covers loan trading, credit derivatives, collateralised debt obligations, mezzanine and hybrid debt solutions—all topical issues for structured finance lawyers. Practices have changed noticeably over recent years and Mugasha addresses new legal issues that have arisen. Firstly, there are new methods of conducting business, through electronic trading platforms, the internet and a wide range of information providers (Capital Data, Loan Ware and rating agencies). Secondly, regulatory aspects have evolved and initiatives like Basel II and the Equator Principles 2003, and are examined, as are the roles of significant players such as the Loan Syndications and Trading Association and the Loan Market Association. As multi-bank financing remains a major instrument of commerce and finance in the national and international arenas and is notoriously complex, banking and corporate finance lawyers and in-house counsel at banks will value this practical text
Separating The Urgent and The Important: Strategy As A Public Good
Authors: Mulgan Geoff 
Published: November 2023

Abstract
Strategy fills the space between the wide, almost limitless avenues of what’s possible in the far future, and the modest steps which appear to be on offer in the near future. At its best it helps societies face up to their true potential and their weaknesses, but for that very reason it’s bound to be uncomfortable.
I argued earlier that modern governance has been shaped by the growing importance of three types of public good: democracy, knowledge, and connections.
Does Appropriability Enable or Retard Open Innovation?
Authors: West Joel 
Published: November 2023

Abstract
Open Innovation reflects the ability of firms to profitably access external sources of innovations, and for the firms creating those external innovations to create a business model to capture the value from such innovations. Contrasted to the vertically integrated model, Open Innovation includes the use by firms of external sources of innovation and the ability of firms to monetize their innovations without having to build the complete solution themselves. But as Teece (1986) noted some twenty years ago, the ability of firms to pursue this latter course (and thus create a supply of external innovation) depends on appropriability. Absent appropriability, imitators will commercialize the ideal and the innovating firm will lack the incentive (and possibly the funds) to ever innovate again.
The process of national security decision making in Iran: the signing of the Additional Protocol
Authors: Balouji Heidar Ali 
Published: November 2023

Abstract
Disarmament and non-proliferation have become the central focus of the current interaction between Iran and the international community. Any progress in this interaction is tracked closely by observers both within and outside Iran, and the outcome of such interaction has often proved crucial for decision makers in Iran and elsewhere.
Since participation in disarmament and arms control conventions, almost uniquely among national security issues, involves the expertise and the contributions of all the key national security agencies, they play a central role in coordinating policy making and implementation.
Knowledge Management and the Knowledge-Based Economy
Authors: Grant Robert 
Published: November 2023

Abstract
With the bursting of the dotcom bubble and the onset of recession in much of the industrialised world, optimism over the ‘New Economy’ has evaporated and doubts have grown over the potential for knowledge management to unlock new sources of productivity. In this chapter, I point to the need to identify the fundamental drivers of technological change in the digital economy and explore their impact on industry structure and competition. While the implications for profitability are largely unfavourable, this reinforces the quest for competitive advantage for companies.
Developing a Knowledge Strategy
Authors: Zack Michael H 
Published: November 2023

Abstract
Business organizations are coming to view knowledge as their most valuable and strategic resource. They are realizing that to remain competitive they must explicitly manage their intellectual resources and capabilities. To this end, many organizations have initiated a range of knowledge management projects and programs. The primary focus of these efforts has been on developing new applications of information technology to support the digital capture, storage, retrieval, and distribution of an organization’s explicitly documented knowledge.2 A smaller number of organizations, on the other hand, believe that the most valuable knowledge is the tacit knowledge existing within people’s heads, augmented or shared via interpersonal interaction and social relationships.
Germany
Authors: Berger Stefan 
Published: November 2023

Abstract
In existing typologies of European nationalism Germany tends to figure as a key example where the nation was defined predominantly in ethno-cultural terms. Following Hans Kohn’s influential book on Nationalism, its Meaning and History (1955), many scholars have argued that nationalism changed its meaning significantly when it travelled from West to East in the course of the nineteenth century. The Western idea of the nation was perceived as predominantly voluntarist, culturally inclusive, and founded on liberal political principles. Eastern Europe, by contrast, was haunted by ethnic nationalisms, culturally exclusive, and politically authoritarian. Germany, geographically situated in the middle of Europe, occupied a middling position with regard to its national self-images.
The Low Countries
Authors: Strikwerda Carl 
Published: November 2023

Abstract
Nationalism in nineteenth-century Belgium and the Netherlands, two small neighbouring states often referred to together as the Low Countries, was typically inclusive or civic in nature, rather than exclusionary or ethnic. Neither Belgian nor Dutch nationalism experienced the ‘sharp shift to the political right of nation and flag... in the last decades of the nineteenth century’ which historians such as Hobsbawm describe as typical for most of European nationalism. Yet like other European countries, Belgium and the Netherlands experienced industrialization, church–state struggles, Socialism, and imperialism.
The Ottoman Empire
Authors: Iordachi Constantin 
Published: November 2023

Abstract
The aim of this chapter is to refute the idea of a clear-cut dichotomy between a ‘Western type’ of civic nationalism and an ‘Eastern type’ of ethno-cultural nationalism and to question the explanatory power of these generic labels for describing the concrete historical experience of entire countries or regions. The chapter takes as a relevant case study the history of the Balkans—or ‘Turkey in Europe’ as it was named at the time—a region that is generally regarded as the realm of ethnic nationalism par excellence. The chapter adds a new analytic dimension, that of citizenship, to the role of language, ideas, politics, and identity in delineating civic versus ethnic types of nationalism, explored by other chapters in the current volume.
How cystic fibrosis affects other organs
Authors: Thomson Anne H , Harris Ann 
Published: November 2023

Abstract
Around 40 per cent of children with CF develop evidence of liver disease on testing but only in less than 5 per cent does it become severe enough to cause symptoms, The likelihood of developing CF-related diabetes increases with age, More than 25 per cent of adults with CF have diabetes, Osteoporosis is common in adults with CF and more likely in those who are very thin, take little exercise and have chronic chest infection
Survival
Authors: Thomson Anne H , Harris Ann 
Published: November 2023

Abstract
Cystic fibrosis is a life-shortening disease. It is not possible to give an estimate of how long babies with CF born today will live but it is not unreasonable to expect them to live into their 40s or 50s. Life for a baby born today is very different from 30 years ago in all sorts of ways including treatment for cystic fibrosis. Specialist cystic fibrosis centres were few and far between then; there was no surveillance with regular cough swabs, and antibiotics were less sophisticated. The importance of good nutrition was not understood and individuals were still on low-fat rather than high-fat diets. Pancreatic enzymes were not coated to protect them from stomach acid, and other drugs such as nebulized antibiotics and DNase were not available.
Subrogation
Authors: Mitchell Charles , Watterson Stephen 
Published: November 2023

Abstract
Subrogation: Law and Practice provides a clear and accessible account of subrogation, explaining when claimants are entitled to the remedy, how they should formulate their claims, and what practical difficulties they might encounter when attempting to enforce their subrogation rights. Although subrogation is a remedy that is frequently claimed in Chancery and commercial practice, the reasons why it is awarded and the way it works can often be misunderstood. In this text authors aim to present the subject in clear and simple terms through a structure that is readily accessible and of benefit to practitioners. Following an introductory overview, and discussion of the rules which determine the discharge of obligations by payment, the book is divided into three parts. Part II considers subrogation to extinguished rights, and explains all the consequences of the House of Lords’ finding in Banque Financiere de la Cite v Parc (Battersea) Ltd that this form of subrogation is a remedy for unjust enrichment. The discussion examines the requirements that the defendant has been enriched, and that this enrichment has been gained at the claimant’s expense. It also considers the most important reasons why a court might find that a defendant’s enrichment is unjust, the defences which can be raised to a claim, the form of the remedy, and additional practical issues. Part III looks at insurers’ claims to be subrogated to their insureds’ subsisting rights, and carefully analyses the substantial body of case law on this subject which has built up over the past two hundred years. Finally, Part IV concerns the special insolvency rules which entitle claimants to acquire an insolvent party’s subsisting indemnity rights against a third party. The discussion takes in claims under the Third Parties (Rights against Insurers) Act 1930 and claims by the creditors of trustees to be indemnified out of the trust estate. This work explains the underlying principles and practical operation of subrogation and is a readily accessible guide for the busy professional.
Issues of Phonological Complexity Statistical Analysis of the Relationship between Syllable Structures, Segment Inventories, and Tone Contrasts
Authors: Maddieson Ian 
Published: November 2023

Abstract
The value of casting your net wide in order to catch patterns that are widespread across languages is often demonstrated in the work of John Ohala. For example, in his paper ‘‘Southern Bantu vs the world: The case of palatalization of labials’’ ( J. Ohala 1978), instances of palatalized bilabials becoming coronals are assembled from Slavic, Daic, Tibetan, Romance, Greek, Germanic, Nupoid, and Bantu language groups to show that this change is not an isolated oddity. Other examples could have been added from Austronesian (Maddieson 1989) and elsewhere. With the data assembled, it is then possible to interrogate the results to look for generalizations concerning the factors that favor the process and hence to gain insights into its cause. Such data-gathering and interpretation can be regarded as an ‘‘experiment’’ in the natural world.
A Perceptual Bridge Between Coronal and Dorsal /r/
Authors: Engstrand Olle , Frid, Johan , Lindblom Björn 
Published: November 2023

Abstract
The rhotics (r sounds) are known for having a particularly wide range of phonetic variation (Lindau 1985; Ladefoged and Maddieson 1996; Demolin 2001). Even a small sample of Swedish dialects was shown to contain several /r/ types: ‘‘front’’ (coronal) and ‘‘back’’ (dorsal) approximants, fricatives, trills, taps and flaps, and vocoids (Muminović and Engstrand 2001; but note that front versus back is an over-simplified dichotomy in view of the existence of complex types such as ‘‘bunched’’ /r/s; Delattre and Freeman 1968). These /r/s lack an invariant acoustic basis such as a lowered F3 (Lindau 1985). To be sure, they may be related in terms of a Wittgensteinian family resemblance (Lindau 1985), but this metaphor fails to delimit the category as such. However, all /r/s occupy a liquid slot adjacent to the syllable nucleus ( Jespersen 1904).
What’s in CVC-like Things? Ways and Means to Look at Phonological Units Across Languages
Authors: Derwing Bruce L 
Published: November 2023

Abstract
Definitions matter. How one defines a problem, in fact, goes a long way in characterizing the nature of that problem, no matter how arbitrary the definition may be. A case in point is the classical dilemma about whether or not ‘‘a sound is produced’’ when a tree falls in the forest if there is no one around to hear it. Clearly, the answer to this question depends crucially on how one defines the term ‘‘sound’’ in the first place. If sound is defined as a physical construct (as ‘‘vibrations transmitted through a [physical] . . . medium’’; American Heritage Dictionary: 172), then, of course, a sound is always produced whenever a tree falls; but if sound is defined as a psychological construct (‘‘the sensation stimulated in the organs of hearing by such vibrations’’; loc. cit.), then it is critical that a living human (or other hearing creature) be present to appreciate the experience.
Your partnership
Authors: Empson Laura 
Published: November 2023

Abstract
All around us partnerships are dying. Whilst the partnership form of governance continues to thrive in the highly regulated and protected legal profession, its survival within other professional sectors is looking increasingly precarious. The legal profession is not immune to the pressures that other professions are experiencing, as Jack Gabarro argues in the Prologue (to this book), and lawyers would be foolish to take the ongoing health of the partnership form of governance for granted.
Your people
Authors: Wilkins David B 
Published: November 2023

Abstract
Discussions about diversity have become a staple of modern law firm life. This is easiest to see in the USA where there is a thriving industry consisting of organizations, consultants, marketers, and legal recruiters whose primary purpose is to advise law firms about how to achieve diversity and maximize its value (Wilkins 2004a). But diversity has become a prime topic of discussion for lawyers in other parts of the world as well. In Britain, for example, both the Bar Council and the Law Society recently published lengthy reports containing specific directives and policies designed to ensure equality and to promote diversity among their respective members (Bar Council 2004; Law Society 2004). At the same time, managing partners of law firms in the UK with global aspirations declare, in the words of Clifford Chance’s former senior partner, that ‘the question of culture is critical’ and affirm their intention ‘to create a genuinely multi-cultural firm’ (Clark 2000).
Incapacity: learning impaired, dementia, mental, and emotional disturbance
Authors: White Stuart M 
Published: November 2023

Abstract
Consent is a moral concept that reflects the respect given by society towards the autonomy of its citizens. In clinical practice, consent allows an autonomous patient to define and protect his or her own interests and to control bodily privacy(1). However, there is a large and increasing number of patients who do not possess the ability to make autonomous healthcare decisions, in that they lack the capacity to think, decide, and act on the basis of such thought, independently and without hindrance by others. Such patients are commonly encountered in anaesthetic and critical care practice—for example, the demented geriatric patient requiring operative fixation of a fractured neck of femur, the majority of interventions administered to intensive care patients, the semiconscious inebriate requiring anaesthesia for computed tomography of the head, followed by operative drainage of a traumatic intracerebral haemorrhage, and the emergency resuscitation and continuing care of a variety of medical, surgical, and obstetric patients. Yet adult patients who lack legal capacity still require health care, whether it is necessary to alleviate their condition or to prevent further deterioration. If incapacitated patients are not able to participate in directing their own treatment, of necessity it falls to others—usually doctors, occasionally judges or relatives—to make treatment decisions on the patients’ behalf. This requires that such proxy decision makers to refer to some putative but transparent set of values when deciding what is best for the patient. Te aim of this chapter is to describe what the common law is, with regard to medical decision-making on behalf of adults who lack capacity, and to describe how this has been superseded by statutory legislation in the form of the Mental Capacity Act 2005, brought in to further protect incapacitated patients, and enforced from October 1st 2007, in England and Wales.
Raising the Stakes: Evidentiary Issues in Individual Claims Before the United Nations Compensation Commission
Authors: Singh Rajesh 
Published: November 2023

Abstract
In conventional commercial arbitration the applicable standard of proof is “a balance of probabilities,” as in many legal systems. In other words, the claimant, in order to succeed, has to satisfy the tribunal that his or her version of events “more likely than not” took place, and that he or she thereby incurred loss. While this may seem fair in the context of traditional commercial arbitrations, where there is a relative balance of information and resources between the parties (or mechanisms—for example, disclosure orders—to help compensate for an imbalance), this is much less likely to be the case in the context of mass claims tribunals arising out of armed conflict and civil unrest.
Summary assessment Of costs
Authors: Scott Katharine 
Published: November 2023

Abstract
Under the Civil Procedure Rules 1998 a court must carry out a summary assessment of costs in any trial or hearing that lasts one day or less. Practitioners who prepare for and represent clients in such hearings can greatly improve their client's chances of reducing their liability for costs, or enhancing the level of costs they can recover, if they are well-versed in the relevant costs law and procedure. This is a practical and portable guide which contains everything practitioners and judges need to know in order to conduct a summary assessment of costs in the County Court, or the High Court or the Court of Appeal. Arranged in a logical and accessible way, which enables reference at a glance, the book includes expert commentary and analysis on the most commonly arising issues, carefully selected appendices, and checklists aimed at the busy practitioner. The book is fully up-to-date to include the November 2005 reforms to CFA regulations. Examples of areas covered are: when summary assessments are appropriate, what order the parties should be asking for, the impact of Part 36 offers and the conduct of the parties, issues arising from the funding of the claim, and pointers on how to prepare, attack and defend a costs schedule. In addition to key statutory material and extracts from the Civil Procedure Rules 1998, the appendices include SCCO guideline rates for solicitors' and barristers' fees, and relevant solicitors' costs materials. Written and edited by leading specialists in costs law, Summary Assessment of Costs will help those preparing for and appearing at summary assessments to keep one step ahead of the opposition.
Introduction
Authors: Scott Katharine 
Published: November 2023

Abstract
It is now the general rule, as set out in the Civil Procedure Rules 1998 (CPR), that there should be a summary assessment of the costs at the end of any application or trial that has taken less than one day. This means that judges and practitioners who would not, prior to 1998, have had any dealings with costs, are now expected to be able to deal with the many legal arguments that can arise at such a hearing. Summary assessments are often difficult hearings to get right. There may be fairly complex arguments that one or both of the parties will want to address and very little time in which to do so. Practitioners often have to make difficult decisions about the way in which these arguments will be run, balancing up on the one hand the need to put before the judge all the relevant statutory material and supporting case law, while on the other hand avoiding the judge coming to the view that the issues are too difficult to be dealt with in the time allotted and that the whole matter should go off to detailed assessment. One of the effects of the rise in the number of Conditional Fee Agreements (CFAs) is that the costs of the winning party have significantly increased (as a result of being able to recover insurance premiums and uplifts from the losing party). It is not unusual for the costs of a fast track one-day trial to far exceed the damages. While parties have always been acutely aware of the issue of costs, it has become even more important that an advocate does his best for a client once the substantive claim has been won or lost.