bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Award
Authors: Tweeddale Andrew , Tweeddale Keren 
Published: November 2023

Abstract
The Arbitration Act 1996 does not specifically provide a time limit for the making of an initial award where the parties have not agreed this. This is a matter for the arbitral tribunal subject to the court’s power to remove the arbitral tribunal for failing to use ‘all reasonable dispatch’ in making the award.However where the award is remitted back to the arbitral tribunal in whole or in part the arbitral tribunal must make a new award within three months of the date of the order for remission or such longer or shorter period as the court may direct.2 In the absence of clear words the fact that the parties have agreed a power to extend the time for making an award does not necessarily exclude the power of the court to do so under section 50 of the Arbitration Act 1996. Most institutional arbitration schemes have rules dealing with extensions of time for the making of an award. For example Article 24(1) of the International Chamber of Commerce (ICC) Rules requires that the arbitral tribunal produce a final award within six months. In such a case where the time for making an award is limited by or pursuant to the arbitration agreement, the parties or the arbitral tribunal may apply to the court for an extension of time for the making of the award.
The Mediating Role of the University: Leiden University, Its Structure and Function during the First Two Centuries of its Existence
Authors: Otterspeer Willem 
Published: November 2023

Abstract
On 8 February 1575, at seven o’clock on that Tuesday morning, a huge crowd thronged Leiden’s biggest church, the former Saint Peter. Those who had responded to the placards and ‘exclamations’- proclamations circulated as far as Delft, Gouda, and Rotterdamgathered around reverend Pieter Cornelisz. There, in that cold, bare church, Leiden University was commended to God’s grace. It would praise His name and edify His community, as well as serve the industry and prosperity of city and country. ‘Salvation’ and ‘experience in all honest and laudable arts’ were what this headstrong Protestant demanded from the new university. And ‘learning’ too, of course, pinched though it was between beatitude and benefit.
Auctioneers: Restrictions On Trading
Authors: Frsa Brian W Harvey , Llb Franklin Meisel 
Published: November 2023

Abstract
The profession of auctioneer is, as compared with the other professions today, relatively uncontrolled. The law does not require any minimum qualifications for practice, membership of a professional body is not obligatory, and there are no compulsory accounting rules designed to protect ‘consumers’. However, there are some general restrictions on trading in connection with the form of business association utilized and as regards licence requirements.
Capacity And Authority
Authors: Frsa Brian W Harvey , Llb Franklin Meisel 
Published: November 2023

Abstract
An auctioneer is a particular kind of agent. Pre-eminently he is employed by the vendor of property to effect a sale but, frequently, an auctioneer may also act as agent of the purchaser for limited purposes. In the course of transacting his business he may additionally act in some other legal capacity, for example as bailee with a duty to care for the property in his possession. The fact that an auctioneer may also act as agent for the purchaser does not, it seems, prevent him from selling his own property and thus acting as a principal; as he is not an agent of the purchaser for all purposes, no conflict of interest arises. However, in this chapter we are principally concerned with an auctioneer’s position as agent of the vendor. (The ambit of the auctioneer’s authority as agent of the purchaser is considered in chapter 5 below.)
Export Licensing
Authors: Frsa Brian W Harvey , Llb Franklin Meisel 
Published: November 2023

Abstract
The present responsibility for the control of the exportation of ‘cultural goods’, a broad expression which can include goods of cultural interest, works of art, and various higher value antiques and collectibles, rests primarily with the Department for Culture, Media and Sport. The former controls were exercised by the government under legislation passed at the start of the Second World War but are now found in the Export Control Act 2002 and the subsidiary legislation made under it, particularly the Export of Goods of Cultural Interest (Control) Order 2003, SI 2003/2759.It should be carefully noted at this stage that these provisions apply to ANY exportation of relevant cultural goods, whether or not the exporter happened to buy them at auction. But because auction sales, and in particular those at Sotheby’s, Christie’s, and (now) Bonhams, have historically a greater volume of such goods in issue than most, and their Conditions of Sale often refer in detail to the relevant controls, it has therefore been thought appropriate in previous editions to include a detailed conspectus of the relevant law. But it is the person exporting the goods who bears the responsibility to obtain any necessary licence, not normally the seller or his agent, the auctioneer (who may, of course, offer to help). This point is referred to again below in the context of the effect of the controls on the validity of sales.
Vehicle auctions and Specialized auctions of other property
Authors: Frsa Brian W Harvey , Llb Franklin Meisel 
Published: November 2023

Abstract
Sales by auction of motor vehicles have increased in popularity in recent years. British Car Auctions Ltd (BCA) (which operates auction centres on the European mainland as well as in the UK) reckons to sell vehicles at the rate of one every twenty seconds of every business day. Vendors include motor dealers anxious to mitigate cash-flow difficulties by selling within a ninety-day period, owners of fleet vehicles and private vendors. In addition to specialist auctioneers, non-specialist ones may find that, for instance, a deceased’s chattels to be disposed of by auction include a car. Auctions of motor vehicles give rise to specific problems, whatever the status of the auctioneer. Some of these problems concern the laxity with which some Conditions of Sale are drawn up. Others concern possible infringements of the criminal law, particularly under s 75 of the Road Traffic Act 1988 (formerly s 60 of the Road Traffic Act 1972) (selling unroadworthy vehicles) or under s 1 of the Trade Descriptions Act 1968 (fully discussed in chapter 8). Health and Safety at Work Act 1974 issues may also arise, as with auction sales of any potentially dangerous product.
Value Added Tax
Authors: Frsa Brian W Harvey , Llb Franklin Meisel 
Published: November 2023

Abstract
The implementation on 14 February 1994 of the Seventh VAT Directive (94/5/EC) greatly complicated the VAT position of auction sales. In order to understand the philosophy behind and working of the new system, some knowledge of the old system is required. Briefly, where vendors of lots are registered for VAT and wish to pass on the VAT on the eventual hammer price to the buyer, Conditions of Sale may entitle them to do so and, traditionally, auctioneers indicate lots subject to VAT on the hammer price by a ‘dagger’ or asterisk sign. The buyer is then liable to pay VAT at the applicable rate prevailing on the day of the auction on both the hammer price and the premium. Where there is no indication that the hammer price was subject to VAT (as was most commonly the case prior to 1995), the buyer was under no obligation to pay VAT on the hammer price (but did have to pay VAT on the premium) and the seller, if registered for VAT, had to treat the net proceeds of sales as including VAT. Because of the intrinsic unfairness of taxing second-hand goods twice, the Treasury made orders under which, subject to certain conditions, the amount of the price on resale of relevant goods which attracted VAT was limited to the dealer’s margin as opposed to the whole of the sale price. The ‘special scheme’ in question applied particularly to used motor cars, antiques, second-hand works of art, and scientific collections
References To The Ecj
Authors: Gordon Richard 
Published: November 2023

Abstract
Article 234 (ex 177) EC provides as follows: The Court of Justice shall have jurisdiction to give preliminary rulings concerning: the interpretation of this Treaty; the validity and interpretation of acts of the institutions of the Community and of the ECB; the interpretation of the statutes of bodies established by an act of the Council, where those statutes so provide. does not exercise an EC discretion 5.121 The distinguishing feature—absence of need to prove breach as ‘sufficiently serious’ 5.121 Failure to transpose directives 5.124 EC or domestic rules of damages liability—which apply? 5.126 State liability and liability under Article 288 (ex 215) EC compared 5.134 Analysing classes of State EC damages liability where discretion is exercised 5.140
General Principles Of Ec Law— An Overview
Authors: Gordon Richard 
Published: November 2023

Abstract
From the perspective of national courts in public law cases interpreting and applying national measures and/or omissions falling within the scope of EC law, EC law has, for practical purposes, two clear sources. These are: (1) the EC Treaty itself and (2) EC secondary legislation. However, in a subtly different way, certain so called ‘general principles of law’ identified and developed by the ECJ now constitute an important further source of EC law that must be carefully borne in mind in the conduct of domestic judicial review proceedings. These general principles are those drawn from the ‘constitutional traditions common to the member states’ or from ‘international treaties for the protection of human rights on which the member states have collaborated or of which they are signatories’.
Legitimate Expectations
Authors: Gordon Richard 
Published: November 2023

Abstract
Legitimate expectations is well known as a doctrine of public law in both domestic and HRA law. It is, nonetheless, a distinctive general principle of EC law. As such, the Administrative Court is bound to observe the EC general principle of legitimate expectations, as articulated by the ECJ, in its discrete form. Precisely because it has the same name and essentially similar content to its domestic counterpart, care is needed on the part of those conducting and determining judicial review and other domestic proceedings in which public law issues arise to ensure that the separate EC dimension of the legitimate expectations doctrine is preserved in a case falling within the scope of EC law.
Fundamental Rights Protection
Authors: Gordon Richard 
Published: November 2023

Abstract
Fundamental rights protection, in the context of EC law, is related to—though distinct from—the protection now accorded in domestic law to fundamental rights under the European Convention on Human Rights (ECHR) through the medium of the Human Rights Act 1998 (HRA) that came into force on 2 October 2000. The HRA has had a considerable impact on judicial review but the relationship between fundamental rights and EC law and, in turn, between EC law and the HRA is not always appreciated by practitioners. There are close parallels between the respective regimes and, indeed, between those regimes and the position pre-HRA under domestic law which will still apply in judicial
Environmental Challenges
Authors: Gordon Richard 
Published: November 2023

Abstract
Environmental protection has become increasingly important in terms of EC obligations. For example, Article 2 EC now requires the Community to promote, amongst other things, ‘a harmonious and balanced development of economic activities’ together with ‘a high level of protection and improvement of the quality of the environment’. Article 3 EC now recognizes the development of ‘a policy in the sphere of the environment’. Articles 174–176 (ex 130) EC contain provision for express legislative environmental measures on the part of Member States. Regulation of areas such as pollution of water and air were quickly established. National environmental measures were required to be harmonized for the purposes of environmental and health protection and so as to prevent distortion of intra-Community trade and competition.
The Sixteenth and Seventeenth Centuries
Authors: Dudbridge Glen 
Published: November 2023

Abstract
After this long period of concealed transmission—an extended progress irregularly glimpsed in scattered sources and inferred as a submerged baojuan tradition—the story reappears in the sixteenth century, now in full illumination. Historians of Chinese fiction and drama have long recognized in the sixteenth and seventeenth centuries a period of incomparable fertility and activity both in the development of vernacular literary forms, and in the production of books for a wide public readership. The legend of Miaoshan was one of many traditional themes now adapted and brought before the reading public in popular and accessible literary forms.
Leadership And Suvering In The Letters Of Polycarp And Paul To The Philippians
Authors: Oakes Peter 
Published: November 2023

Abstract
A comparison of the letters that Paul and Polycarp sent to Philippi suggests some new directions in the study of Polycarp’s letter. Two key points of comparison between the letters concern leadership and suVering. Paul and Polycarp present somewhat diVerent models of leadership in the two letters. This diVerence maps rather well on to the diVerence in style between the letters, especially in the impression of a certain diYdence on the part of Polycarp. Something has also changed in the leadership of the Philippian church.
Appointing a Chancellor of Paris: The Case of Elias of Courson
Authors: Courtenay William J 
Published: November 2023

Abstract
In September 1360 Jean d’Acy, chancellor of Notre-Dame and thus of the University of Paris, died, presumably at his canonical house in the cathedral close at Paris. The last meeting of the cathedral chapter attended by Jean, according to its records, was on Wednesday, 9 September, and the minutes for the next meeting on 11 September note simply that Jean was ill, ‘Jo. cancellario infirmo’. Then, on 30 September, in response to letters of appointment from Jean de Meulan, bishop of Paris, the chapter received Grimer Boniface into the chancellorship and accepted his oath of office, presumably in the presence of representatives of the University. This smooth and relatively swift transition in office has been accepted in all accounts of the chancellorship of Paris and is confirmed by a letter of Innocent VI in August 1362 in which the pope mentions that Grimer, by that point, had been exercising the office of chancellor for a year and ten months. This event would be unremarkable save for the existence of an unedited and overlooked supplication by Elias of Courson, doctor of theology and canon of Notre-Dame, in which Pope Innocent approved his petition for the chancellorship at Paris on 15 October 1360.
Peter Ramus, ‘L’Affaire du Pré-aux-Clercs’, and Social Reform*
Authors: Sharratt Peter 
Published: November 2023

Abstract
Throughout his working life, the sixteenth-century French philosopher and educationalist Peter Ramus devoted himself to the renewal of teaching-methods and to university reform. He started with a restructuring of the trivium and went on to a real attempt to give to the quadrivium the place it already theoretically held in the encyclopedia of the disciplines. These proposals were underpinned by his reforms in logic, his union of philosophy and eloquence, and his celebrated one and only method of teaching all subjects. At the same time he was active in protecting the interests of the university against outside opposition. The purpose of the present article is to examine Ramus’ role during two student uprisings in Paris, in 1548 and 1557, in order to show the link between his projects for reform and practical politics both within the university and in the wider world. What is at issue, as it so often was for Ramus, is the question of authority.
The Portrait of a Difficult Student: Marc Cuvat and the Genevan Authorities
Authors: Maag Karin 
Published: November 2023

Abstract
The history of higher education in the sixteenth and seventeenth centuries has been approached from a wide range of perspectives, from monographs and articles on institutions and individual professors to curricular analyses and studies of intellectual trends. While such research undoubtedly advances knowledge of the educational system in early modern Europe, it largely leaves aside any in-depth investigation into the day-to-day lives of faculty and students in these centers of learning.
Medieval and Renaissance Italian Universities and the Role of Foreign Scholarship
Authors: Denley Peter 
Published: November 2023

Abstract
Over two decades ago, reviewing work on medieval and Renaissance Italian universities in the inaugural volume of this journal, the present writer lamented the lack of comparative and synthetic work, the excessive dominance of Bologna in the historiography, a reluctance to accept plurality and diversification from the Bolognese ‘model’, and the constraining nature of a rigorously legalistic approach to the institutional history of these universities. Twenty years later one cannot fail to note a quite astonishing change. The year after the review appeared saw the publication of the proceedings of the first conference devoted to medieval and renaissance Italian universities generally, held at Pistoia in 1979. This has been followed by a series of conferences in which Italian universities were either the principal theme or prominent in a broader European context. Places and methods of teaching in medieval Italy was the theme of a conference held in Lecce and Otranto in 1986, origins, institutions and pedagogic practice that of one held in Arezzo in 1991, archives, sources and directions of research in Italian university history that of a major symposium held in Padua in 1994, students and teachers in Italian universities that of a similar one in Bologna in 1999, and a further conference on university archives was held in Pavia in 2000. Southern Italian universities have been especially prominent, hosting international conferences and publishing their proceedings.
Introduction: Themes in Family Law
Authors: Douglas Gillian 
Published: November 2023

Abstract
It might be thought that the concept of ‘the family’ is clear and well understood. After all, the family appears to have global significance and meaning, appearing in Article 16 of the Universal Declaration of Human Rights where it is proclaimed as ‘the natural and fundamental group unit of society’, a phrase repeated in other international instruments almost as a mantra. But the meaning of the phrase is not elucidated, providing scope (deliberately, no doubt) to different states with widely differing cultures and societies to attach their own particular understanding to what otherwise looks like a uniform concept. One might therefore expect that the family as understood in the west may conjure up an image radically different from that applying in, say, south east Asia, or the Islamic world.
The Family Home
Authors: Douglas Gillian 
Published: November 2023

Abstract
The family home has a significant symbolic role in family life as well as important practical functions. Contrary to other cultures where extended family generations may live under the same roof, it has long been assumed in England and Wales that married couples should form their own independent household. A bride’s ‘bottom drawer’ would hold items such as linens made and collected over time which she would use to begin to furnish her marital home, and modern-day ‘wedding lists’ generally consist of more or less essential household items. In the past, an engaged couple might have to delay their marriage for several years until they could afford to set up home together, and living with the in-laws has not been regarded as a satisfactory long-term way of establishing a married relationship. For couples who reject marriage, commencing cohabitation—the very essence of which means living together in the same household—may come to mark a rite of passage equivalent to marriage in former times. Many people will have had their own homes before marrying or cohabiting, and in either case, ‘moving in together’ is a representation of their commitment to their relationship. Creating a family home, decorating, and furnishing it, has become an embodiment of the conception of marriage—and cohabitation—as a joint enterprise (see Chapter 1).
Ending Family Relationships
Authors: Douglas Gillian 
Published: November 2023

Abstract
When family relationships come to an end, the law may be required to deal with two different issues. First, it may be invoked to change the legal status of those involved, to reflect the change in their social relationship. For example, a married couple who have separated will usually seek a divorce to bring a legal end to their marriage tie; or, as noted in the previous Chapter, an adopted child ceases to be a legal member of one family and becomes that of another. Secondly, the law may be needed to deal with the consequences of the termination of the relationship. There may be emotional and social consequences, and Chapter 5 considered the potential use of orders regulating the exercise of parental responsibility to protect the position of children. But very often, the consequences will also be financial—a widow may seek support from her deceased husband’s estate because he left her nothing in his will; a parent with care of children may require child support from the absent parent for their maintenance.
When is There A Tupe Transfer?
Authors: Hyams Oliver 
Published: November 2023

Abstract
The subject matter of this chapter is a question which has given rise to much litigation and which is likely, even with the coming into force of the helpfully expanded definition in the Tupe Regulations 206, to continue to be difficult to answer. That question is ‘When is there A tupe transfer?’ It should first be said that a share sale does not give rise to a Tupe transfer. This is clear as a matter of principle, given the language of Tupe, but it was confirmed by the EAT in Brookes v Borough Care Services Ltd that the principle applies even where the change in control of the business by share sale rather than the transfer of the ownership of the business occurs as a result of a desire to avoid the application of TUPE.
The Law of Redundancy
Authors: Hyams Oliver 
Published: November 2023

Abstract
If an employer ‘outsources’ some of its work, and there is not a TUPE transfer, then it is highly likely that one or more employees will be redundant within the meaning of the ERA 1996. The law of redundancy, in so far as it relates to an individual employee, is relevant in relation to two questions. One is whether the employee is entitled to a redundancy payment. The other is whether the employee was dismissed for a potentially fair reason. In the following paragraphs, the definition of redundancy and related questions are considered first.
Collective Consultation and Notification In Relation To Proposed Dismissals
Authors: Hyams Oliver 
Published: November 2023

Abstract
In this chapter, the principal statutory obligations of an employer towards representatives of his or its employees, where redundancies above a certain minimum are proposed, are considered. There is a parallel obligation imposed on the employer to notify the Secretary of State about the proposed dismissals, and that obligation is considered also in this chapter, after the obligation to consult with appropriate representatives and the sanction for a failure to do so have been described.