bluuebunny/crossref_metadata_2025_split huggingface dataset:
Proposals for Reform of the Law Relating to Financial Assistance
Authors: Roberts Catherine 
Published: November 2023

Abstract
In the twenty years since its enactment, the current legislation setting out the statutory prohibition on a company providing financial assistance for the acquisition of its shares has been the subject of much scrutiny and comment. Over the years, there have been many calls for legislative reform of these complex statutory provisions, particularly insofar as the prohibition applies to solvent private companies. It is remarkable that a handful of legislative provisions should have been the subject of so much comment.
Application by Dissenting Members to Cancel a Special Resolution Approving Financial Assistance
Authors: Roberts Catherine 
Published: November 2023

Abstract
Although there is a general prohibition on the giving of financial assistance by a company for the purchase of its own shares, a solvent private company is enabled to give financial assistance for the purchase of its own shares, or the shares of another private company of which it is a subsidiary. This ability of private companies to give financial assistance is not an unfettered right. Private companies may only give financial assistance if there is due and proper compliance with all of the conditions and procedures stipulated in sections 155 to 158 of the Companies Act 1985. Foremost among these conditions is the requirement that the opinion of the directors as expressed in the statutory declaration or statement is verified by a report made by the auditors of the company, and that the giving of the proposed financial assistance is approved by a special resolution of the members of the company passed at a duly convened general meeting.
Introduction
Authors: Furse Mark 
Published: November 2023

Abstract
Introducing the inaugural volume of the Washington University Global Studies Law Review, which dealt with antitrust law in the Asia-Pacific area, Haley drew attention to the fact that ‘[t]he enactment of antitrust legislation has become a global phenomenon. Antitrust law has, in effect, become the latest fashion.’1 The reasons for this are complex, but are at least related to an increasingly generalized acceptance that liberal market economies (privatized where State ownership was common) are to be preferred over managed (socialist) economies.
The Chinese Antitrust Law Regime
Authors: Furse Mark 
Published: November 2023

Abstract
The new general competition law in China, ‘the Anti-Monopoly Law’, enacted in August 2007, entered into force on 1 August 2008. The context in which this occurred has been discussed in Chapter 1, above. At the time of writing only a small number of decisions have been made by the administrative agencies, or cases brought by private parties, and much remains to be done to implement the law, and thus the picture remains in some aspects unclear.
China Merger Control
Authors: Furse Mark 
Published: November 2023

Abstract
Given the global importance of Chinese trade and the level of business conducted in China it is possible that ‘China has the potential, alongside the European Union and [the] United States, to develop into a key jurisdiction in deciding whether a transaction can be completed or not’.1 Prior to the enactment of the AML the only laws which governed merger control in China were directed at foreign acquisitions of Chinese enterprises, or related to specific industries.
Antitrust in Hong Kong
Authors: Furse Mark 
Published: November 2023

Abstract
As noted in Chapter 1-1, in March 2007, having robustly rejected calls for the introduction of a general law of competition for a number of years, the Hong Kong government took the decision to bring such a law forward. It is not entirely clear why this decision was made, although the fact that China introduced its Anti-Monopoly Law in 2007 did not go unnoticed in Hong Kong. At the time of writing a draft law has not yet been published.
Taiwan Monopoly and Abuse of Dominace
Authors: Furse Mark 
Published: November 2023

Abstract
There are no further provisions in the legislation which clarify the conduct pro-scribed by this article, and no guidelines have been published in relation to monopoly conduct generally, although some further guidance may be obtained from case law which is discussed below. Further rules relating to the determination of whether an enterprise is monopolistic are set out in arts 5 and 5-1 of the TFTA, and in the Enforcement Rules to the Fair Trade Act of 2002, and are discussed below.
Taiwan Procedure
Authors: Furse Mark 
Published: November 2023

Abstract
In essence the Fair Trade Act (‘TFTA’) is a form of administrative law, with the Fair Trade Commission (‘TFTC’) being placed at the heart of the enforcement mechanisms relating to the TFTA’s application. Chapter IV of the TFTA sets out the primary rules applicable to the role of the TFTC. Article 25 provides that in addition to having a role in the development of competition policy and law the TFTC is to review fair trade matters relating to the TFTA, investigate activities of enterprises and economic conditions, and investigate and dispose of any case violating the TFTA.
The Power Elite
Authors: Mills C Wright 
Published: November 2023

Abstract
The truth about the nature and the power of the elite is not some secret which men of affairs know but will not tell. Such men hold quite various theories about their own roles in the sequence of event and decision. Often they are uncertain about their roles, and even more often they allow their fears and their hopes to affect their assessment of their own power. No matter how great their actual power, they tend to be less acutely aware of it than of the resistances of others to its use. Moreover, most American men of affairs have learned well the rhetoric of public relations, in some cases even to the point of using it when they are alone, and thus coming to believe it. The personal awareness of the actors is only one of the several sources one must examine in order to understand the higher circles. Yet many who believe that there is no elite, or at any rate none of any consequence, rest their argument upon what men of affairs believe about themselves, or at least assert in public.
Changing Spaces: The Disruptive Impact of a New Epistemological Location for the Study of anagement
Authors: Knights David 
Published: November 2023

Abstract
Positive knowledge and positivism (the set of methods that deny the distinctive nature of the social in contrast to natural phenomena) are almost indistinguishable. The desire to represent a closure on reality frequently involves an un reflexive use of methods (e.g., experiments, hypothesis testing, quantifications) assumed to be successful in the natural sciences and readily transferrable to the domain of the social sciences. Clearly, one of the conditions that makes it possible to treat knowledge as a correspondence between representations and the reality to which they supposedly refer is a positivist belief in the ontological continuity of the natural and the social world (Douglas 1970). The collapse into positivism, then, is not all that surprising.
The Managing of the (Third) World
Authors: Cooke Bill 
Published: November 2023

Abstract
This article is about the relationship between management and the Third World. Its significance, however, is for understandings of management in and of both First and Third Worlds. It builds from an agreement with Diana Wong- MingJi and Ali Mir (1997) that what is taken as ‘management’ in the First World, in the field of management and organization studies (MOS), its associated journals and texts, and the business and management schools that train its academics and practitioners, has ignored, with few significant exceptions, the Third World.
Performance Appraisal and the Emergence of Management
Authors: Townley Barbara 
Published: November 2023

Abstract
A number of articles have questioned approaches taken to the study of management (Carroll and Gillen 1987; Reed 1984; Stewart 1989; Whitley 1984, 1989; Willmott 1984, 1987). They echo Reed’s (1984 : 279) argument that there is a need for ‘a substantial reconsideration of the conceptual equipment through which management on a theoretical, methodological and empirical level is to be understood’. Studies of management are criticized for treating it as a technical, politically neutral activity, decontextualized and depoliticized (Willmott 1987). Stewart (1989) notes that management is all too often depicted as a static entity, a universally similar activity, prone to the development of lists.
Three Studies In Change*
Authors: Park William W 
Published: November 2023

Abstract
Noel Coward complained that reading footnotes is like having to go downstairs to answer the doorbell while making love. In a similar vein, some lawyers consider footnotes as annoying detours, to be used only for source citations. Not all agree, however. Footnotes that address substantive topics often serve as helpful intellectual visitors, permitting introduction of useful auxiliary information without disrupting the flow of text. Readers wishing to ignore the doorbell are free to do so. Portions of this essay have been adapted from the Clayton Utz Lecture, delivered at the University of Sydney in August 2004. For comments on earlier drafts, thanks are due to Laurie Craig, Karyl Nairn, and Gary Sampliner. Helpful research assistance came from Katie Besson, Brenna Casey, Christina Spiller, and Carolyn Wright.
Judicial Supervision as Risk Management
Authors: Park William W 
Published: November 2023

Abstract
The genesis of the material in this section derives from a decades-old debate about the extent to which an arbitral award’s validity should depend on the law of the country where the proceedings are held. The problem is complex not only because it implicates several legal systems, but also because the place of arbitration sometimes represents a legal fiction. An “arbitral seat” is often designated (by the contract or the arbitral institution) to serve as the official venue at which the award is deemed made, notwithstanding that hearings and deliberations unfold elsewhere for the convenience of witnesses, counsel, and arbitrators. The context for this well-known line from Juvenal’s Sixth Satire has been all but forgotten, perhaps wisely so. In suggesting that husbands lock up their wives to safeguard their chastity (seemingly a preoccupation in ancient Rome) Juvenal slyly adds, “But who will guard the guards themselves? Your wife is as cunning as you, and begins with them.” Sed quis custodiet ipsos Custodes? Cauta est et ab illis incipit uxor. See Juvenal, Satires VI(The Ways of Women), 347.
The Effect of Annulment
Authors: Park William W 
Published: November 2023

Abstract
If a judge in New York vacates an arbitral award made in Manhattan, the award normally becomes unenforceable against assets in the United States. It might be a different story, however, if the prevailing party in the underlying arbitration decides to present the vacated award for enforcement against property in other countries, such as bank accounts in Geneva, Berlin, or Paris. The text of the New York Arbitration Convention gives no automatic res judicataeffect to a foreign judgment setting aside an arbitral award. The Convention provides that vacated awards “may” (not “must”) be refused enforcement, and explicitly allows application of whatever applicable national law might prove more favorable to the party seeking award enforcement. Thus courts outside the country of arbitration are generally free either (i) to recognize the arbitral award, or (ii) to deny recognition and thereby give effect to the annulment. Few arbitration statutes give much guidance on when or whether courts should enforce vacated awards. Generally the matter is addressed only by scholarly perspectives and conflicting case law.
The Architecture of Arbitration Law
Authors: Park William W 
Published: November 2023

Abstract
Replacing several centuries of piecemeal legislation and random judicial decisions, the 1996 English Arbitration Act (hereinafter the “Act”) provides the first truly systematic and comprehensive legal framework for arbitration of commercial disputes in England. * Adapted from an essay originally published in 1998. 1 The Act applies to proceedings commenced on or after 31 January 1997, regardless of the date of the arbitration agreement. Schedule 2, Statutory Instrument No. 3146 (c. 96).
Investment Arbitration
Authors: Park William W 
Published: November 2023

Abstract
When legal claims directly implicate public interests, the role of arbitration may be open to question. If challenges to environmental regulations or tax assessments create risks for general community welfare, an argument exists that resolution of such controversies should remain the prerogative of courts, rather than being surrendered to arbitrators. To some extent, societal well-being can be jeopardized by any large arbitration, even if exclusively between private companies. A license dispute between two major pharmaceuticals might result in an award that affects prices paid by consumers. However, it is easier to become alarmed about infringement of national sovereignty when states become parties to arbitration, as happens increasingly under investment treaties.
Tax and Miscellaneous Matters
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
The principle that employees should be placed in no better position than they would have been in if the contract had been performed means that damages for wrongful dismissal are awarded net of tax and national insurance contributions. This is known as ‘the Gourley principle ‘ (see British Transport Commission v Gourley[1955] 3 All ER 796, a personal injuries case, which was applied to wrongful dismissal by the Court of Appeal in Parsons v B N M Laboratories Ltd[1963] 2 All ER 658). At the time of the decision in Gourley, post-cessation receipts such as damages for wrongful dismissal, were not taxable in the hands of the employee.
Calculating the Compensatory Award: Fringe Benefits and Expenses
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
Fringe benefits play an ever-increasing part in the employment package, and, although the loss of earnings claim is usually the more substantial element in the compensatory award, compensation may also be awarded for the loss of these benefits. This chapter looks at how compensation for the loss of such benefits is assessed and describes the circumstances in which it is possible to recover expenses incurred as a result of the dismissal. The loss of fringe benefits is included in the assessment of ‘loss ‘ under the Employment Rights Act 1996, s. 123.
Contributory Fault
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
All awards of unfair dismissal compensation except the additional award (City and Hackney Health Authority v Crisp[1990] IRLR 47) may be reduced for contributory fault by such amount as the industrial tribunal considers just and equitable in the circumstances. This chapter looks at the circumstances in which an award may be reduced. In relation to the compensatory award it is provided that, where the tribunal finds that the dismissal was to any extent caused or contributed to by any action of the claimant, it shall reduce the amount of the compensatory award by such proportion as it considers just and equitable having regard to that finding (ERA 1996, s. 123(6) ).
Redundancy
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
The statutory rules relating to the right to a redundancy payment are now set out in Part XI of the Employment Rights Act 1996. A detailed account of the law relating to redundancy is outside the scope of this book but the rules relating to the calculation of a redundancy payment are set out below. Entitlement to a redundancy payment is subject to the following qualifying conditions: the Claimant must be an employee; the Claimant must have been continuously employed for two years or more ending with the relevant date (ERA 1996, s. 155);
What Was Natural Philosophy in the Late Middle Ages?
Authors: Grant Edward 
Published: November 2023

Abstract
If by natural philosophy we understand everything relevant to nature and natural phenomena, it seems plausible to infer that the subject matter of natural philosophy embraces all inquiries and questions about the phys- ical world. The first humans must have been aware of nature, which was all around them and involved in everything they did. Nature was not invented. It was a given. Long before the Greeks, the ancient civilizations of Egypt and Mesopotamia had already learned much about nature and its actions. But the ancient Greeks brought something new to the study of nature: they invented instructive ways of talking about it. During the period 600 to 400 BC, the foundations of Greek natural philosophy were laid by a group of thinkers known collectively as the Presocratics, who no longer explained natural phenomena, such as earthquakes, lightning, storms, and eclipses, as the actions of happy or angry gods, but as the actions of natural forces that regularly produced such effects. Not only did the Presocratics eliminate the gods as the causes of natural phenomena and replace them with natural causes, but they also devised a number of different approaches to explain the apparent diversity and change they observed in the world around them. In the process, they enunciated some of the most basic problems that would shape the discipline that would eventually be known as physics, or natural philosophy.
Making Mathematicians at Cambridge
Authors: Josefowicz Diane Greco 
Published: November 2023

Abstract
Universities earn their reputations in different ways, from rankings in news magazines to lore passed down from one generation of students to the next. Indeed, it’s hard to imagine a university without some type of institutional identity; such a school would be faceless, bland and uninteresting, the higher-educational equivalent of Musil’s man without qualities. While the peculiarities that distinguish an institution are enshrined in myth and legend and perpetuated as the university’s traditions, they stem from practices that are part of the university’s present life, like the classic MIT ‘hack’ in which undergraduates, who pride themselves on being brilliant pranksters, manage to put something highly improbable—a piano, a giant beanie, a campus police car complete with flashing light—atop the Great Dome virtually every year. Practices like the Dome hack produce an institution’s identity by a peculiarly circular process that at once looks to the past, to tradition, for its inspiration while also perpetually recreating that tradition in light of present circumstances. This tension between past and present is the tradition—something that, in its persistence and its persistent inven- tiveness, sustains and reinforces the institution’s identity.
Article 8 of the European Convention on Human Rights (Right to Respect for Private and Family Life)
Authors: Kotzeva Anna , Murray Lucy , QC Robin Tam 
Published: November 2023

Abstract
The rights protected by Article 8, namely the right to respect for private and family life, one’s home, and correspondence, are less clearly defined than the rights under Article 3 as considered in the previous chapter. Additionally, the rights protected under Article 8 are qualified rights, and interference with such rights by the State in the immigration context, if compliant with the criteria set out within Article 8(2), would not entail an infringement of those rights. Therefore practitioners will need to adopt a methodical approach to the identification of the rights protected by ECHR Article 8 and a similarly clear analysis of the permissible interferences with such rights, set in the context of the supervisory powers of the appellate authorities.
Future Reforms
Authors: Kotzeva Anna , Murray Lucy , QC Robin Tam 
Published: November 2023

Abstract
On 1 April 2007 the Immigration and Nationality Directorate of the Home Office became an independent agency—the Border and Immigration Agency. The changes in the immigration and asylum field which this heralds are unlikely to be cosmetic. The reform will be far reaching and the public commitments already made are very ambitious. As we look ahead to the future, the government is likely to continue to pursue its commitment to fast track asylum decisions and remove failed asylum seekers. The Border and Immigration Agency is responsible for fulfilling target 4 of the Home Office’s Public Services Agreement, which is to ‘reduce unfounded asylum claims as part of a wider strategy to tackle abuse of the immigration laws and promote controlled legal migration’.
Introduction
Authors: Walden Ian 
Published: November 2023

Abstract
Books generally take considerable time to gestate, or at least this one did. As such, in the intervening period, significant changes may occur both in the author’s personal life as well as the world at large. For this book, the terrorist attacks in London on 7 July 2005 occurred on the first (disturbed) day of my sabbatical, and caused a sea-change that has impacted directly on the book. In terms of substantive offences, the change may be considered relatively minor, except perhaps in respect of content crimes.
Committing Crimes: Substantive Offences
Authors: Walden Ian 
Published: November 2023

Abstract
In Chapter 2, we considered the various possible classification schemes for computer crime, choosing to adopt a slightly amended version of the categorization used in the Council of Europe Convention on Cybercrime: computer-related crimes, content-related crimes and computer integrity offences. This chapter considers some of the offences under English law that are relevant to crimes carried out under those three headings, involving information, computers and networks, particularly where cyberspace is the environment.
International Aspects: Jurisdiction And Harmonization
Authors: Walden Ian 
Published: November 2023

Abstract
Computer and cybercrimes inevitably often have a transnational aspect to them, which can give rise to complex jurisdictional issues involving persons, things and acts being present or carried out in a number of different countries. This can be as true for individual acts of criminality as it is for the multinational criminal organization. Even where the perpetrator and victim are located in the same jurisdiction, relevant evidence may reside on a server located in another jurisdiction, such as a ‘Hotmail’ account.