bluuebunny/crossref_metadata_2025_split huggingface dataset:
Ratio Decidendi and Obiter Dictum
Authors: Cross Rupert , Harris J W 
Published: November 2023

Abstract
According to the preliminary statement of the English rules of precedent contained in the last chapter, every court is bound to follow any case decided by a court above it in the hierarchy, and appellate courts (other than the House of Lords) are bound by their previous decisions. This statement is too concise because it does not indicate that the only part of a previous case which is binding is the ratio decidendi (reason for deciding). The principal object of the present chapter is to consider what is meant by the ratio decidendi of a case when the phrase is used by judges and other lawyers and by what methods it may be determined. This will show what is entailed by ‘following’ or ‘applying’ a case and by being ‘bound; by a previous decision, although these matters are not discussed until the beginning of the next chapter. The ratio decidendi is best approached by a consideration of the structure of a typical judgment. The contemporary English judge almost invariably gives reasons for his decision in a civil case. Assuming that the trial is by a judge alone without a jury, he generally summarizes the evidence, announces his findings of fact, and reviews the arguments that have been addressed to him by counsel for each of the parties. If a point of law has been raised, he often discusses a number of previous decisions.
Privacy and Political Speech: An Agenda for the ‘Constitutionalisation’ of the Law of Libel
Authors: Loveland Ian 
Published: November 2023

Abstract
English public lawyers have now become familiar with the need to recognise a ‘public-private’ divide in our administrative and constitutional law. The procedural implications of the case law flowing from O’Reillyv. Mackman1continue to be as substantial as the boundaries of the divide remain elusive.2 We have also accepted that the public-private dichotomy has an EC dimension; directives are directly effective only against ‘emanations of the state’, and not against private organisations or individuals.3This chapter suggests that there is now a third manifestation of the public-private divide to which lawyers might sensibly devote their attention the law of Jibe The initial trigger for this discussion was a question I put to Roland Penner QC, the former Attorney-General of Manitoba, during a seminar on the Canadian Charter at the IALS in 1994. I was by then familiar with the US cases flowing from the Supreme Court’s I 964 judgment in Sullivanv. The New York Times,4and wondered if any of this jurisprudence had seeped over the Canadian border.
Obstacles on the Path to Privacy Torts
Authors: w* Roderick Bagsha 
Published: November 2023

Abstract
It is common to note that the English law of torts protects privacy interests in a less direct and more disjointed manner than such interests are protected in France, Germany and the United States.1 Those who regard this as a deficiency and consequently urge reform are met by counter-arguments at three levels: theoretical, practical and strategic. At the theoretical level, the dispute between ‘privacy sceptics’ and ‘privacy disciples’ is over the value of privacy, and how it is to be weighted relative to other values such as freedom of expression and freedom of the press. At the practical level, the dispute is over the translation of concern about privacy into workable law. At the strategic level, the dispute is over whether reform will be best managed by the judiciary or the legislature, or even whether privacy interests are likely to be better protected by extra-legal approaches. The three levels cannot be kept separate. Conclusions at the theoretical level are clearly relevant to discussion at the practical level, and the view taken on the degree of difficulty at the practical level may affect the choice of strategy.
Fiduciaries in Context: An Overview
Authors: Hayton Da Yid 
Published: November 2023

Abstract
As Reporter for the ‘Fiduciaries in Context’ Seminar it seems that my task is to reflect on this topic in the light of the thought-provoking papers contributed to the Seminar and of the discussions of them at the Seminar. Tackling this task has proved how fortunate were the French to be able to reject the use of the word ‘fiduciary’, in the definition of a ‘trust’ for the purposes of the Hague Convention on Trusts, on the basis that its meaning is too uncertain for any sensible translation into the French language.Use of the word ‘fiduciary’ in the English language has undoubtedly led to uncertainty of outcomes in legal proceedings in the common law world. It has proved too tempting for advocates and for judges to rely on the high sounding, open-textured concept of ‘breach of fiduciary duty’ in the attempt to justify fair and equitable decisions that take account of the merits of particular cases. The key issue for English law, or for any other common law system imposing equitable liabilities upon fiduciaries of more extensive effect than common law liabilities and with more plaintiff favouring presumptions, is whether the concept of breach of fiduciary duty can be broken down into particular types of events generating particular responses. After all, the fact that there may be a fiduciary element in a particular relationship, so that in one sense the relationship may be regarded as a fiduciary relationship, does not mean that any wrongful conduct arising in the course of such relationship amounts to a breach of fiduciary duty. Indeed, a breach relating to the apparent fiduciary element may not necessarily amount to a breach of fiduciary duty but may instead, for example, simply amount to a breach of contract or of an equitable duty of care.
Conflicting Regulator Objectives: The Supply of Gas to UK Industry
Authors: DavIS Evan , Flanders Stephanie 
Published: November 2023

Abstract
The British government appears to have pursued two conflicting policies towards the gas-supply industry. On the one hand, it privatized British Gas as a single, integrated company. In doing so, it sacrificed the opportunity to foster competition in gas supply to the pragmatic requirements of its privatization programme. On the other hand, it has consistently encouraged competition in the supply of gas to large users.
The outcome of this ambiguous policy stance provides an interesting case for studying post-privatization experiences: in early 1992, British Gas accounts for nearly 90 per cent of the contract gas market; a figure which it has agreed must fall to 40 per cent by 1995. Judged against past performance, that will be no easy feat. Whether or not the policy succeeds, there are some useful implications for policy-makers.
The Impact of Competition on Pricing and Quality of Legal Services
Authors: Domberger Simon , Sherr Avrom 
Published: November 2023

Abstract
The legal profession in England and Wales has held an effective monopoly over conveyancing services since the beginning of the nineteenth century. Conveyancing is the term which describes the legal work associated with buying and selling real estate property. It covers the investigation and transfer of title as well as the legal formalities in connection with mortgage finance and has always been a highly profitable activity for lawyers.
Regulation and Standards Policy: Setting Standards by Committees and Markets
Authors: Grindley Peter 
Published: November 2023

Abstract
A major problem for the regulator is how to set standards. Compatibility standards are vital for telecommunications, where equipment must match the network, for television services, where receivers need broadcasts, and for mobile phones, where handsets need base stations. They are equally important in more mundane areas such as plugs and sockets, electric supply voltages, railway gauges and even which side of the road we drive on. It may seem that the advantages of everyone using the same standard should be clear and it would be a simple matter to agree a standard. Yet the recent history of some spectacular failures to establish standards, for high-definition television, cordless telephone, and satellite broadcasting, show that standards are hard to set, and that results when a regulating authority is involved are often worse than when the market is left alone.
The Cost of Capital in Regulated Industries
Authors: Grout Paul 
Published: November 2023

Abstract
The cost of capital is the risk-adjusted return that investors in a company should expect to receive in a competitive market and, in an attempt to replicate long-run competitive returns, regulatory policy typically employs a cost of capital as one of the major determinants of either the rate of return or the price cap in regulated companies. It is no surprise, therefore, that the figure for the cost of capital is of enormous importance to regulators and regulated firms, and that large sums hinge on the cost of capital number. For example, Table 16.1 shows for a series of UK regulated firms and groups of firms how much additional profit is involved if shareholders are allowed to earn an extra 1 per cent return on equity. Despite these large figures it has taken a considerable time for the cost of capital to rear its head in the public perception.
Gas Regulation and Competition: Substitutes or Complements?
Authors: Price Catherine 
Published: November 2023

Abstract
The gas industry’s privatization in 1986 was undertaken with what many regarded as indecent haste and on exceptionally favourable terms to the industry, even by the standards of other Conservative privatizations. Despite a number of criticisms (e.g. the Energy Committee 1985 and 1986; Price 1986; and Hammond, Helm, and Thompson 1986) the government sold the industry intact and with very light regulation. It was the second (and last) of the utilities to be sold as a single company and outlook for consumers was particularly bleak. However by early 1992 the industry was in turmoil as various regulators sought to curb its market power. This chapter examines the industry’s progress from nationalized to private monolith, and compares its behaviour (particularly in pricing) in each setting.
Delivering Letters: Should it be Decriminalized?
Authors: Estrin Saul , De Meza David 
Published: November 2023

Abstract
Throughout the world it is illegal to compete with the state post office in the collection and delivery of letters.1 Is this an instance of the madness of crowds (of bureaucrats) or is there a good economic or other justification for outlawing competition? As background to discussing the substantive issues we first provide a brief historical account of the evolution of the monopoly in Britain.
What is the Alternative? Ownership Regulation and the Labour Party
Authors: Mcgowan Francis 
Published: November 2023

Abstract
Probably one of the most profound ‘achievements’ of the UK government’s privatization programme has been its impact on the policies of the political opposition, and particularly those of the Labour Party, the subject of this paper.1 For much of its existence public ownership has been one of the pillars of Labour Party rhetoric and to, some extent, policy (though the latter has been a subject of vigorous internal debate). Over the 1980s, however, in the face of privatization, the Party’s commitment to recapturing the public sector (let alone extending its frontiers) has steadily diminished. What was for so many years a contentious issue within the Party as a whole has become a relatively minor issue of principle and an even smaller component of the Party’s programme.
The Costs of Privatization in the UK and France
Authors: Jenkinson Tim , Mayer Colin 
Published: November 2023

Abstract
Since 1979 around thirty-nine companies have been privatized by way of a sale of securities on the London Stock Exchange. In addition, a number of enterprises have been sold in other ways, such as being sold to their management or sold to other private-sector organizations. By 1991, most of the utilities in the UK had been privatized-telecommunications, gas, airports, water, and electricity-and railways are scheduled to be sold over the next few years. In addition, the vast majority of the enterprises that had been taken into the public sector have also been sold-such as BP, Cable and Wireless, Enterprise Oil, Jaguar, etc. The FT-SE 100 index currently includes seventeen privatized companies, and the combined market capitalization of the listed privatized companies was, in July 1992, over £80bn.
International Trade: Practice
Authors: Bell Clive 
Published: November 2023

Abstract
Just as there is a body of received theory, so there is also a received account of the trade policies pursued by almost all developing countries after the Second World War, or liberation from colonialism, whichever came later. According to this account, the collapse of commodity prices, the stagnation of international trade, and the rise of protectionism during the Great Depression had cast a pall over the prospects of exporting in the post-war period.
Seigniorage and Debt
Authors: Bell Clive 
Published: November 2023

Abstract
A theme that recurs throughout this volume is the central role played by fiscal policy, not only as the handmaiden of development policy, but also as a source of problems. Following the treatment of taxation in Chapters 4 and 5, the purpose of this chapter is to complete the account of how governments finance their activities, a task that requires us to take up two further fiscal topics in their own right, namely, seigniorage and debt. Both open the door to profligacy, and each has a distinct dynamic flavour of its own.
Space: Transportation Costs
Authors: Bell Clive 
Published: November 2023

Abstract
That physically identical goods at different locations are different commodities is a familiar fact of life. A tonne of maize in a silo in rural Illinois, for example, is not at all the same thing as a tonne of maize in a small town somewhere in the interior of Mozambique. One way of producing the latter is to transport one tonne of maize from the first location to the second, a process which, in this particular case, involves both internal and foreign trade.
Future Imperfect: Information and Communication Technologies in Everyday Life
Authors: Silverstone Roger 
Published: November 2023

Abstract
During the 1990s it became commonplace to observe that things are changing in the media world. New technologies, new delivery systems, and new industrial alliances were being announced almost daily. The apocalyptic and breathless rhetoric of revolution and crisis has been employed in describing such developments—a rhetoric of competing utopian or dystopian visions, fought out in and on the very media who are its subject. It is a rhetoric deeply engrained in the militaristic and sexual metaphors of strategic advance and big bangs.
Structuration Theory
Authors: Jones Ma Tt Hew 
Published: November 2023

Abstract
Structuration theory emerged as a significant development in European sociology in the late 1970s. Urry (1982) traced its origins to Berger and Luckman’s (1967) concept of the mutual constitution of society and individuals, and identified several different strands of structurational analysis including the work of Bourdieu (1977), Bhaskar (1979), and Giddens. In the IS context, however, it is only Giddens that has received any significant attention and his work will therefore be the primary focus of this chapter.
Hybrid Managers An Example of Tunnel Vision and Regression in Management Research
Authors: Currie Wendy L , Glover Ian A 
Published: November 2023

Abstract
The notion of the hybrid manager1 as someone to be put in charge of information technology (IT) and other technical operations has prevailed in UK management research in recent years, especially in the last two decades. In this chapter, writings on the hybrid manager are evaluated against a background of twentieth-century discussion of management, managers, and technical and scientific professionals in the UK The discussion is divided into five sections. First, we consider literature on managers and professionals in the UK from a historical perspective. Second, we review work on engineers and scientists and their entry into British management and com pare their experiences with their counterparts in continental Europe.
Probabilistic Structure of Time-Series Data
Authors: Favero Carlo A 
Published: November 2023

Abstract
In the previous chapter we introduced time-series to show that time-series violates one of the fundamental properties necessary to perform valid estimation and inference in the linear model. In this chapter we shall discuss this issue at greater depth and length by precisely defining time-series and the fundamental concepts used to analyse them, illustrating how the problem introduced can be resolved in the context of stationary time-series, and, finally, extend our discussion to non-stationarity and cointegration.
Lse Apphoach
Authors: Favero Carlo A 
Published: November 2023

Abstract
The LSE approach explains the failure of the Cowles Commission methodology by attributing it to the lack of attention for the statistical model underlying the particular econometric structure adopted to analyse the effect of alternative monetary policies. The LSE methodology considers econometric policy evaluation an interesting and feasible exercise. However the way in which the Cowles Commission approach deals with a legitimate question is seen as incorrect. The lack of sufficient interest for the statistical model is at the root of the failure of the Cowles Commission approach to provide an acceptable answer to an interesting question.
Related Diversification, Core Competences and Corporate Performance
Authors: Markides Constantinos C , Williamson Peter J 
Published: November 2023

Abstract
A fundamental part of any firm’s corporate strategy is its choice of what portfolio of businesses to compete in. According to the academic literature, this decision should reflect the ‘superiority’ of related diversification over unrelated diversification (e.g., Ansoff, 1965; Bettis, 1981; Lecraw, 1984; Palepu, 1985; Rumelt, 1974; Singh and Montgomery, 1987). This is because related diversification presumably allows the corporate center to exploit the interrelationships that exist among its different businesses (SBUs) and so achieve cost and/ or differentiation competitive advantages over its rivals.
A Definition And Illustration Of Democratic Leadership Of Democratic Leadership
Authors: Gastil John 
Published: November 2023

Abstract
Across the globe, the tumultuous political events of the past three years have raised hopes for the creation and revitalization of democratic institutions. In some countries, dictatorships have crumbled and new governments have crawled from the rubble. In others democratic opposition movements have gained strength, courage, and international recognition. Emboldened citizens in China, Czechoslovakia, Namibia, El Salvador, and elsewhere have organized to promote democratic social change, and new political parties and organizations in the West are striving to make their nations ‘ political systems more democratic. Social scientists should respond to these international calls for democracy, because high-quality theory and research can aid those who seek to create democratic groups, communities, and nations. In fact, there already exists a substantial literature addressing the philosophical and empirical issues surrounding democratic governments, economics, and societies (e.g. Dahl 1989; Bellah et al. 1991).
Prognosis: do people with borderline personality disorder get better?
Authors: Krawitz Roy , Jackson Wendy 
Published: November 2023

Abstract
What recovery means will be different for each person. For some it may be a decrease in distressing symptoms to the point where you are able to say that you feel that your life is worth living on more days than earlier. For others it may be feeling that your life is worth living on more days than not. For many people it is much more than this. Feeling connected to others and feeling that you have a valuable place in your community, whatever that might be for you, might be achievable. The perfect life, with no issues or problems, is not a reality, but looking forward to each day, each year and your life ahead is.
Change
Authors: Krawitz Roy , Jackson Wendy 
Published: November 2023

Abstract
Research on the science of psychological change shows that people who change tend to go through a reasonably predictable spiralling cycle. Hope—looking ‘for a favourable outcome within the realm of possibilities’ (Clarke, 2003). There are recognized ways of preparing for change, increasing the likelihood that change will take place as wanted. There are a number of different ways that you can acquire confidence that change is possible. There are key questions you can ask yourself about change.
Is it what we feel that makes a difference?
Authors: Krawitz Roy , Jackson Wendy 
Published: November 2023

Abstract
Four of the basic emotions described are fear, happiness, anger, and sadness. Emotions have important functions—they provide information about ourselves and our environment. Emotions are neither right nor wrong—they just are. Emotions are one part of ourselves—they are not the total of us. A primary emotion is an emotion that we experience in response to an internal or external event. A secondary emotion is an emotion we can have about the primary emotion on the basis of our self-critical beliefs about the primary emotion. Secondary emotions are often more problematic than are primary emotions. The way to deal with distressing secondary emotions is to accept our primary emotions.
Notes to family and friends
Authors: Krawitz Roy , Jackson Wendy 
Published: November 2023

Abstract
We thank you for taking the time to read this book. We encourage you to learn what you can about the BPD condition. If you are a parent remember that your child may have been born with a biological vulnerability to intense emotional experiencing that was and is neither good nor bad but that nevertheless would have made it really hard for even the very best of parents and their child. In this situation nobody is to blame, neither the child nor the parent. Having this understanding can provide the necessary foundation for parents and their adult child to begin a process of healing. If you are realistic about the support you are able to offer, and the boundaries/limits you need to set, you are less likely to become exhausted and frustrated. There is very good reason to hope—people with BPD, on the whole, recover.
The Role of National Borders and Regions in Knowledge Flows
Authors: Ho Mei H C , Verspagen Bart 
Published: November 2023

Abstract
One key issue of national systems of innovation is that knowledge does not easily Xow between them. In the European context, this may be seen as a crucial aspect hindering the effective application of knowledge in an economic way. With many diverent national systems of innovation present in the (recently enlarged) Union, a lack of scale economies with regard to knowledge may easily become an issue. At the same time, however, diversity may enhance system performance. Our main research question in this chapter is how the diffusion of knowledge is affected by the partitioning of the European innovation system (a term that we do not intend to indicate homogeneity) into smaller national systems.