bluuebunny/crossref_metadata_2025_split huggingface dataset:
Construction of Commercial Contracts: A Practitioner’s Perspective
Authors: Calnan Richard 
Published: November 2023

Abstract
It was a privilege to attend the Oxford Colloquium on Contract Terms, to read the papers and to listen to the debate between judges, academics and practitioners about the issues raised, particularly the construction of contracts. It would have been unthinkable, even ten years ago, for such a gathering to discuss these issues. Even now, they are rarely considered in undergraduate contract courses, but they are the very lifeblood of commercial law. It is to Andrew Burrows’ great credit that a Colloquium was held on this topic. It was his brainchild and he directed proceedings in such a way that the Colloquium was much more than just the sum of its parts. It was also very encouraging to see a mix of academics and practitioners discussing these topics; at Oxford, Andrew Burrows has taken over Roy Goode’s mantle in encouraging debate between academics and practitioners on matters of mutual interest.
Whither Contra Proferentem?
Authors: Peel Edwin 
Published: November 2023

Abstract
This chapter was prompted by remarks made by Lord Hoffmann in Investors Compensation Scheme Ltd v West Bromwich Building Society and Bank of Credit and Commerce International SA v Ali. &gt;In the ICS case, in the course of his ‘restatement’ of the principles of interpretation, he commented that ‘almost all the old intellectual baggage of “legal” interpretation had been discarded’. This, together with his further comments in the BCCI case,4 may question whether it is time to discard the rule of contra proferentem, at least so far as it is applied to exemption clauses. It is that question with which this chapter is principally concerned. The answer is sought by reconsidering what is meant by contra proferentem, its justification, if any, and the function and effect of exemption clauses.
Exclusion and Limitation Clauses in Business Contracts: Transparency
Authors: Beale Hugh 
Published: November 2023

Abstract
In 2005 the Law Commission and the Scottish Law Commission published a joint report on Unfair Terms in Contracts. Its principal recommendations were that the Unfair Contract Terms Act 1977 (UCTA) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR) should be replaced by a single piece of legislation, and that it should be possible for very small businesses to challenge unfair standard terms in broadly the same way that consumers can under the current law. For other business-to-business (B2B) contracts the proposed legislation largely replicates UCTA, with one simplification.
Contractual Agreements on Choice of Law: Some Notes Towards an Understanding of their Relative Effect
Authors: Briggs Adrian 
Published: November 2023

Abstract
The commercial conflict of laws has, in recent years, been dominated by two apparent pressures. The first is the way in which issues of jurisdiction—the question of where a trial will eventually take place if it takes place at all—have asserted primacy of place. Whether within the common law, or in the form of legislation, formerly promoted and now made, by the organs of the European Union, it is now clear that the jurisdictional battle is frequently the only one worth fighting. The second is the way in which those European organs see the conflict of laws as a field in which the grey, grim process of legal harmonization may be pushed to new limits without significant objection from within the Member States.
Wind Power in Canada
Authors: Duff* David G , Green* Andrew J 
Published: November 2023

Abstract
Canada is endowed with excellent wind power resources in many parts of the country—with average wind speeds at a height of 50 metres exceeding 7 metres per second in all coastal areas, the Great Lakes, southern Alberta and Saskatchewan, and much of the North.1 Not with standing these resources, Canada lags well behind many other developed countries in terms of installed wind power capacity and the contribution from this source of energy to national electricity generation.
Tax Incentives To Renewable Energy Sources In Malaysia: A Critical Appraisal
Authors: Ansari * Abdul Haseeb 
Published: November 2023

Abstract
Environmental taxes are supported for protecting the environment and mobilizing fi nancial resources. They are, thus, known as double dividends. One best use of the money generated through these taxes may be funding endeavours of conservation of the environment and protecting its processes. These taxes are also supported because they aim to substitute taxing ‘bad’ from ‘good’, ie, taxing polluting activities and exempting labour and investment.
Carbon Dioxide Emission Allowance Allocation Mechanisms, Allocative Effi ciency, and the Environment
Authors: Weishaar Stefan 
Published: November 2023

Abstract
Since 1991 the European Commission has taken various climate-related initiatives to limit carbon dioxide (CO2) emissions and improve energy effi ciency. Measures included the promotion of electricity from renewable energy, voluntary commitments by car makers and proposals on the taxation of energy products. In order to meet the European greenhouse gas1 reduction goals committed under the Kyoto Protocol,2 the European Commission launched the European Climate Change Program me (ECCP). The ECCP aims at identifying and developing all necessary elements to implement the Kyoto Protocol,3 and to attain the committed average annual reduction of 8 per cent below 1990 levels during the years 2008 to 2012 (binding upon the old 15 EU Member States).
Environmental Taxation: A Tool to Advance Eco-Justice?
Authors: Lockhart Julie A 
Published: November 2023

Abstract
Various governments, non-government organizations, and individuals around the world are grappling with fi nding workable solutions to the increasingly serious environmental problems around the globe. At the same time, others are grappling with how to solve the problems of the world’s poor populations in an effort to create a more socially just world. A potentially powerful market-based tool for improving the environment—environmental tax policy—does not necessarily address issues of social justice. Yet environmental problems cannot be adequately addressed without also looking at the impact poor populations have on the environment, for example from deforestation practices to meet their basic needs. Equally essential is looking at the impact that an unhealthy environment has on the poor and disadvantaged peoples of the world.
Environmental Taxation of Fertilizers in Europe: Policy Design, Outcome, and Future Potential
Authors: Söderholm Patrik , Christiernsson Anna 
Published: November 2023

Abstract
Although the use of market-based environmental policy instruments such as taxes and charges has become more prevalent in recent years, the role of environmental taxes and charges in the OECD area is still limited. About 6 to 7 percent of the total tax revenues are environmentally related and over 90 per cent of the environmentally related taxes are applied within the energy and transport sectors.1
Disability Discrimination in Employment
Authors: Keen Spencer , Oulton Richard 
Published: November 2023

Abstract
There have been sweeping changes to disability legislation in recent years. Disability Discrimination in Employment considers the impact of the Disability Discrimination Act 2005 which gives disabled people greater employment rights and protection, and also requires public bodies to promote equality of opportunity for disabled people. The authors also analyse the additional guidance on the definition of disability which came into force in May 2006 to update the 1996 guideline, as well as the effects of the Equality Act 2006 and the Equality and Human Rights Commission. Disability Discrimination in Employment is an invaluable guide for employment lawyers. Written for those advising both claimants and respondents, it provides a clear, accessible and thorough account of this complex area of law. Incorporating the most recent legislative changes and case law, this guide is a useful tool for those practising in the tribunal as well as for those providing non contentious advice. This book provides a comprehensive, practical and up to date overview of litigating discrimination claims in the employment tribunal, the Employment Appeal Tribunal, and the Higher Courts.The authors analyse the important cases which cover issues such as: general guidance on the approach to disability discrimination cases; mental impairments; compensation in disability claims; and reasonable adjustments and knowledge. Disability Discrimination in Employment provides a lucid distillation of the concepts set out in the legislation and allows practitioners quick access to key cases and materials. Invaluable practical advice, checklists, information on relevant procedural rules, and useful precedents are presented in a clear and accessible format alonside the relevant legislation and case law. As well as being extensively cross-referenced throughout each chapter contains a useful summary of the law, a list of relevant cases, a list of statutory provisions and references to the Code of Practice and Guidance. The appendices contain a copy of Part II of the Disability Discrimination Act 1995 marked up to show the legislative changes as well as copies of the Guidance and the Code of Practice.
The Duty to Make Reasonable Adjustments
Authors: Keen Spencer , Oulton Richard 
Published: November 2023

Abstract
The duty to make reasonable adjustments aims to remove impediments that prevent disabled persons from integrating fully into the workplace. It reflects a social model of disability in which functional limitations arising from a disability do not necessarily restrict a disabled person’s ability to participate fully in society; rather, environmental factors such as the format of a building or an employer’s working practice lead to the disabled being unnecessarily disadvantaged. The DDA 1995 does not prohibit indirect discrimination. Instead, the reasonable adjustments duty requires employers and others to make reasonable adjustments where any of their ‘provisions, criteria or practices’ place a disabled person at a substantial disadvantage when compared with non-disabled persons. Although the duty only requires adjustments to be made if they are reasonable, it will require employers to take positive action for disabled people that they would not be required to take for others.
Disability-Related Discrimination
Authors: Keen Spencer , Oulton Richard 
Published: November 2023

Abstract
‘Disability-related discrimination’ is the shorthand expression used in the 2004 Code of Practice (and widely adopted elsewhere) when referring to the form of discrimination set out in DDA 1995, s 3A(1). Unlike the other equality statutes, there is at present no tort of indirect discrimination under the DDA 1995. Nor, when it was first enacted, was any provision made for direct discrimination. The intention was that ‘disabilityrelated discrimination’ would be broad enough to encompass both. This purpose was to be achieved by making it unlawful to discriminate against disabled people not only on the ground of their disability, but also for a reason related to their disability. Disability-related discrimination was, therefore, said to distinguish less favourable treatment which amounts to direct discrimination from a wider class of less favourable treatment which, although not amounting to direct discrimination, was nevertheless unlawful.
Harassment
Authors: Keen Spencer , Oulton Richard 
Published: November 2023

Abstract
The 2003 Regulations, which came into force in October 2004, made harassment for a reason related to disability unlawful. Before October 2004, claimants who were subjected to harassment had to make a claim under one of the other sections of the DDA 1995. Harassment under the DDA 1995 is not a form of discrimination but is unlawful in its own right. A remedy for harassment may also be claimed in the civil courts under the Protection from Harassment Act 1997. Although this chapter is chiefly concerned with the prohibition of the harassment of employees under the DDA 1995, it will briefly discuss claims under the PHA 1997 and compare the advantages and disadvantages with proceeding in the tribunal or the civil courts. The definition of harassment in the DDA 1995 mirrors the definitions in both the SDA 1975 and the RRA 1976. There are no reported cases dealing with harassment under the DDA 1995 and most of the case law on harassment concerns sexual harassment. Although the relevant provisions of the SDA 1975 were amended with effect from 6 April 2008 by the Sex Discrimination Act 1975 (Amendment) Regulations 2008, the pre-amendment SDA 1975 case law provides useful guidance on the interpretation of the harassment provisions of the DDA 1995. References in this chapter to the SDA 1975 are, therefore, references to the SDA 1975 before its amendment by the Sex Discrimination Act 1975 (Amendment) Regulations 2008.
Hydraulic Resistance And Compliance
Authors: Bruus Henrik 
Published: November 2023

Abstract
The concept of hydraulic resistance is central in characterizing and designing microfluidic channels in lab-on-a-chip systems. In this chapter we study both fundamental and applied aspects of hydraulic resistance. We also introduce the concept of compliance, i.e. change in volume as a function of pressure, which is the hydraulic analogue of electrical capacitance. Just as electrical resistance is intimately connected to dissipation of energy in the form of Joule heating, hydraulic resistance is due to viscous dissipation of mechanical energy into heat by internal friction in the fluid.
Capillary Effects
Authors: Bruus Henrik 
Published: November 2023

Abstract
One of the characteristic features of microfluidics is the dominance of surface effects due to the large surface to bulk ratio on the micrometer scale. A prominent class of surface effects are known as capillary effects, named after the latin word capillus for hair, since, as we shall see, they are particularly strong in microchannels having bore diameters equal to or less than the width of a human hair, which is about 50 µm.
Magnetophoresis
Authors: Bruus Henrik 
Published: November 2023

Abstract
Magnetophoresis (MAP) is the magnetic analog to dielectrophoresis (DEP). Particles possessing either an induced or a permanent magnetization M can be moved around inside a microfluidic channel by applying an external, inhomogeneous magnetic field H. Whereas the dielectric response of virtually all materials is strong enough to allow for dielectrophoretic effects, the magnetic response is often too weak for most materials to make magnetophoresis happen. In fact, one must often carefully prepare a given sample by attaching magnetic particles before launching it into a MAP device. However, this seemingly annoying feature is actually the strength of MAP, because it ensures full control over which part of a sample is subject to MAP. In DEP devices the strong dielectric response of both target and auxiliary particles can clutter the functionality of the device and make the DEP device difficult to operate.
Introduction
Authors: Dowling Grahame 
Published: November 2023

Abstract
The central argument of this book is that if your company has a good image and reputation, then it can always be used to support the organization’s business activities. If your company has a poor reputation, then it pays to improve it. Many senior managers (especially chief executive officers-CEOs and chief financial officers-CFOs) ask whether there is any hard evidence to support a relationship between a better corporate reputation and enhanced financial performance. The less polite managers just say: ‘prove it!’ Until recently, the answer involved relying more on anecdotal than on scientific evidence. However, because Fortune business magazine has conducted corporate reputation surveys now for more than a decade, there are sufficient data to conduct some scientific studies.
Corporate Reputation Value: Good Really is Better Than Bad
Authors: Dowling Grahame 
Published: November 2023

Abstract
This dilemma was illustrated in the bank’s pricing policy. Every time the cost of funds changed in the wholesale market the bank and its three major competitors passed on the change to their retail customers. When the cost of funds fell, the bank lagged behind the others by a few days, and when it rose this bank was one of the first to pass on the extra charge. Thus it gained as much as it dared relative to its competitors. There are two problems with this strategy. First, the bank’s customers were not fooled. Existing (loyal) customers felt a little cheated and new, price-sensitive customers went to a competitor until the rates equalized. Second, many employees felt that the bank should follow the customer-focused sentiment expressed in its Vision Statement and pass on any saving as soon as possible. The net result of this strategy was that short-term profits were up, customer satisfaction fell slightly, and some employees were concerned about the balance between profit and customer welfare.
Vision and Mission: The Soul of Corporate Reputation
Authors: Dowling Grahame 
Published: November 2023

Abstract
In some organizations managers articulate a clear vision that is noticeable even to an outsider. In others, the visitor may see a copy of a vision statement but struggle to find any evidence that employees believe in its sentiments or have even read it. Vision statements per se are unimportant. A core component of leadership style is having a clear sense of vision that the leader can communicate throughout the organization. A sense of vision is also a vital factor in creating a strong image among managers and employees. Organizations that have vision can inspire a high level of commitment among their employees that can spill over to affect external stakeholders. It may also have a financial pay-off, as Exhibit 4.1 suggests.
Formal Company Policies: The Guiding Hands
Authors: Dowling Grahame 
Published: November 2023

Abstract
In Chapter 4 I focused on the soul of corporate reputation. Here I discuss the role of strategy, structure, and business systems in shaping an organization’s reputation. Simply stated, the development of a strong set of corporate images and reputations is driven in large part by the formal policies used to manage the organization. Much of what has recently been written about the management of complex organizations, however, is faddish. Concepts such as benchmarking, outsourcing, relationship marketing, strategic partnerships, and total quality management are just new names for what has always been a sound business practice. Other advice to managers to make radical changes to change their current operational procedures (such as by business process re-engineering) and structures (by flattening the organization structure) with new, untried alternatives is at best unproven and at worst dangerous to corporate health and wealth.
Managing and Changing Corporate Images: It Can Be Done
Authors: Dowling Grahame 
Published: November 2023

Abstract
We have now reached the moment of truth. Is it possible to actively manage the information stakeholders use to form their images and reputations of an organization? As the title of this chapter suggests, the short answer is yes. The title also suggests that you try to change the images people hold, not their reputations. Recall that the reason for this is that it is unlikely that you can change people’s basic values. What you can do is to try to change their perceptions and beliefs, and/or link these to the current values of stakeholders.
Work and Collective Organization
Authors: Supiot Alain 
Published: November 2023

Abstract
The far-reaching changes witnessed in the way companies organize work right across the European Union have been prompted by the move away from a production-based economy towards an economy where the services sector rules, by technological progress, and by market globalization. These same changes have a crucial impact on the coHective organization of labour relations and on the legal mechanisms governing worker representation, action, and collective bargaining. New groups of workers have joined the labour market and there is now a need to examine employment and labour problems as a whole and not just from the traditional standpoint of the subordinated worker. These factors, together with the way the single market will work once the EMU is in place and the euro becomes the common currency, are creating new frameworks for collective representation. All in alt the social and cultural modifications that have been triggered by these changes require a dynamic response so that collective representation can be brought into line with this transformation, thereby avoiding any discrepancy between the current and future needs of work organization and the industrial model of labour relations on which the collective organization of work has been built.
Labour Law and Economic Performance
Authors: Supiot Alain 
Published: November 2023

Abstract
The uncertainty which surrounds the economic context of market, production, and work, brought about by swiftly evolving market situations, the changeability and diversity of demand, and continued innovation in processes and products is undeniably the new dimension, with many implications. This should not, however, lead us to the conclusion that European economies are about to swing from the Fordist model of mass production, based on the management of foreseeable risk, towards a model defined by uncertainty. We are entering an era of diversity which affects products, services, work, methods of co-ordination, and efficient production models (a diversity made possible by the accelerated development and application of information technologies) (Salais and Storper 1997). Globally speaking, this implies that we should think of the development of collective economic frameworks in terms of co-ordination, rather than of strict regulation.
The Earliest Oxford Supplication List for Papal Provisions
Authors: Courtenay William J 
Published: November 2023

Abstract
In the late 1320s Adam Murimuth (DCL Oxon.), then canon of St Paul’s in London and for almost two decades a successful proctor at Avignon for king, Canterbury, and his alma mater, chronicled events that occurred earlier in his career. One of these, which he mentioned in passing for 1317, was the submission of supplication lists (rotuli) through which the universities of Paris and Oxford, respectively, petitioned the pope for benefices and prebends. The practice of papal supplications, which began in the first pontifical year of John XXII, 1316-17, became the single most important source for benefice and prebend income for university masters in the course of the century. A. B. Emden, in compiling biographical information from the Calendar of Papal Letters edited at the end of the nineteenth century from the parchment registers (Registra Vaticana) in the Vatican Archive, realized that several letters from July 1317 were the result of a papal petition by the University of Oxford.