bluuebunny/crossref_metadata_2025_split huggingface dataset:
Duress and Undue Influence
Authors: Mitchell Charles 
Published: November 2023

Abstract
No cases have been found in which a payor under duress or undue influence has brought an action claiming subrogation. However, some general remarks can be made on the possibility that such a claim might be brought in the future. It should be stated first that a payor under illegitimate compulsion should be entitled not only to bring a restitutionary claim to recover his payment1 but also to assert a proprietary claim to his money. Two Canadian cases which can arguably be explained on this basis are Phoenix Assurance Co of Canada v. Corporation of the City ofToronto2 and Zaidan Group Ltd v. City oflondon,3 where over-payors of tax were allowed to bring proprietary claims to recover their money from the relevant public authorities (although it must be conceded that in Woolwich Equitable Building Society v. IRC4 the House of Lords has now held that payments of ultra vires public demands are sui generis and so outside the scope of analysis as payments under illegitimate compulsion).5 The award of a proprietary claim to a payor under illegitimate compulsion seems justifiable on the basis that he never voluntarily undertakes the risk that his payee will become insolvent. It may alternatively be justified on the basis that he retains a proprietary interest in the money he pays because his intention to transfer ownership of the money to his payee is vitiated by the element of illegitimate compulsion that underlies his payment. In this latter respect the position of a payor under illegitimate compulsion may be likened to that of a payor under an induced mistake. In both cases, the payor can rescind the contract under which he agreed to pay ab initio and in both cases it can therefore be said that property in the money never passed to the payee, and hence that the payor has a proprietary base to his claim to recover the money. From this it follows that a payor under illegitimate compulsion should in appropriate circumstances be entitled to trace his money into the discharge of secured rights, and to acquire these via reviving subrogation.
Innovations in Contract: An Australian Analysis
Authors: Gleeson * A M 
Published: November 2023

Abstract
In recent years, in certain common law jurisdictions, the law relating to contracts has been affected by substantial change. At the risk of disturbing the previous level of certainty in the law, judges have set out to identify and develop principles capable of making the law more responsive to what they see as the requirements of justice. Whilst there is still a strong reluctance on the part of the courts to introduce the intricacies of trusts and fiduciary obligations into ordinary commercial transactions,1 there has been an increasing willingness to invoke principles of equity to modify what has been regarded as the inflexibility of the common law. The concepts of unconscionability and unjust enrichment have been of central importance in this process.
A State of Flux
Authors: Davies J D 
Published: November 2023

Abstract
The series of seminars has had, for its subject, the Frontiers of Liability. Such a subject does not raise only the question of what the rules may be at the frontier. It also raises the question of the effect of the changing rules at the frontier on adjacent territories of law and on established divisions of the law (including, to Professor Birks’ dismay, that between property and obligation). Our conception of the categories within which we usually envisage our rules of law as falling is affected. This is manifestly an issue that arises when we think about Constructive Trusts, but I will return to that later. For I want to start with Family Property Law, an area that is discussed in each paper, and in depth. I share the reservations expressed in one of those paper sand by many others in the course of the seminaron whether it is a good way of approaching Constructive Trusts; but it serves to introduce the subject.
Euro-Crime and Euro-Policing
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil 
Published: November 2023

Abstract
The creation of Europe-wide policing structures and organizations presupposes a problem: the existence of European criminality. Public anxieties about the new criminal threat within the EU and from the East have increased as a consequence of intensive political and media attention devoted to ‘Euro-crime’ and international crime (Den Boer 19946). This chapter offers a critical analysis of the main issues in the policy-making debate on the relationship between transfrontier crime and international policing. The first of these issues is the general presupposition that ‘national’ and ‘international’ crime are increasing, partly as a consequence of relaxed border controls. This relates to a second issue, which is the doubtful reliability of comparative crime statistics and the lack of hard evidence about the relationship between border controls and crime levels. A clear definition of what constitutes international crime is usually not given in the annual reports of the national intelligence services and is absent in most discussions. Yet, certain crimes tend to be automatically associated with international or transnational potential, in particular, organized crime. This chapter views criminal activities in two ways. First, crimes are the exploitation of socio-economic opportunities and of weak nesses in crime prevention and law enforcement regimes. Second, crimes are activities defined as such by positive law. Hence, society exercises control over the definition of crime. In this chapter we analyse how crimes, while sometimes having transfrontier ramifications, may be defined differently in the individual European criminal justice systems.
The European Union and Criminal Law
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil 
Published: November 2023

Abstract
This chapter examines the jurisdiction of the European Union in criminal justice matters. Cross-border police co-operation in the EU is hampered by the diversity of national rules concerning police powers, substantive criminal offences and criminal procedures (Zachert 1992: 32-33). Some physical barriers at the frontiers between EU Member States may have been abolished but national borders continue to mark important dividing lines between them from a legal point of view. In principle, the jurisdiction of the police and criminal authorities of each Member State begins and ends at the frontier. The reluctance to depart from this expression of state sovereignty was very well illustrated by the tortuous negotiations surrounding the regulation of the right of hot pursuit in the Schengen Convention.1 The basic agreement to allow hot pursuit has been made subject to a large number of national reservations (Kuhne 1991: 155-8) and, according to Article 41(5) of the Convention, ‘pursuing officers must comply with the provisions of the law of the Contracting Party in whose territory they are operating’. In other words, Schengen does not allow police powers to be ‘transported’ from one Contracting State to another.
Mental Condition Defences in the Criminal Law
Authors: Mackay R d. 
Published: November 2023

Abstract
Mental condition defences have been used in several high-profile and controversial criminal trials in recent years. indeed, mental abnormality is increasingly an important yet complex source of defence within the criminal trial process. The author offers a detailed critical analysis of those defences within the Criminal Law where the accused relies on some form of mental abnormality as a source of defence. Topics covered include: the defences of automatism, insanity, diminished responsibility, and infanticide; self-induced incapacity; and the doctrine of fault. It also includes a chapter on unfitness to plead, which although not a defence has been included because of its important relationship to mental disorder within the criminal process. Drawing upon a wide variety of legal, psychiatric, and philosophical sources, this is a timely contribution to a controversial and complex topic.
The Practical Need For Security and the Economics of Security
Authors: Röver Jan-Hendrik 
Published: November 2023

Abstract
Market economies thrive on credit. Credit enables companies and private persons to enlarge their scope for financial manoeuvre. With the assistance of credit they are able to finance activities which they are either not able to finance on the basis of their current income or assets or which they are unwilling to finance from their current income or assets. The purchase of real estate for private use is an example of the former situation; the financing of a company acquisition with a large amount of debt to increase the return on own funds (so-called leverage effect) an example of the latter situation. Credit can be used for many purposes, such as financing operating expenses, investment costs, or acquisitions.
Definitions of the Term ‘People’
Authors: Musgrave Thomas D 
Published: November 2023

Abstract
In the post-war period international instruments and resolutions relating to self-determination have invariably referred to the ‘people’ as being entitled to the right of self-determination. The meaning of the term ‘people’ is therefore vital to the understanding and application of the right of self determination. Yet this term has never been defined in any comprehensive or satisfactory manner. Sir Ivor Jennings, in his oft-quoted remark, noted that at first glance self-determination seemed pre-eminently simple and reasonable: let the people decide their own fate. The problem, however, was that ‘the people cannot decide until someone decides who are the people’.
Secession
Authors: Musgrave Thomas D 
Published: November 2023

Abstract
The Charter of the United Nations and several other international instruments refer to the concept of self-determination in terms of its relationship to ‘peoples’. Self-determination in international law is the process whereby ‘peoples’ are entitled to determine their own political status. However, self determination also necessarily involves territorial considerations of one sort or another. A claim to self-determination is usually not only a claim by a people to determine their own political status, but also represents a claim to territory.1 If ethnic groups are defined as peoples, the territorial dismemberment of existing states could ensue if such groups decided to form their own nation-states. This Chapter examines territorial integrity and the question of secession with respect to both non-self-governing territories and independent states.
Introduction
Authors: Beaumont Paul R , Mceleavy Peter E 
Published: November 2023

Abstract
The expression ‘child abduction’, being a creation of the media, is more at home in a newspaper headline than in a legal text.1 It is sufficiently wide in meaning to suggest a variety of possible acts, all wrongful and almost invariably harmful to the children involved. In the context of international private law, however, the phrase has become synonymous with the unilateral removal or retention of children by parents, guardians or close family members. It bears no relation to third party abductions or what are sometimes referred to as ‘classic kidnappings’. A parental abductor rarely seeks material gain; rather, he or she will aspire to the exercise of sole care and control over a son or daughter in a new jurisdiction.
Tracing: The Beginning of the Exercise
Authors: Smith Lionel D 
Published: November 2023

Abstract
Before beginning to examine the principles of tracing, which allow us to decide when an asset stands in the place of another asset in a sense importing legal consequences, it is important to consider under what circumstances the exercise of tracing can be attempted at all. The first section of this chapter considers what it is that we trace; this determines what a plaintiff must begin with in order to begin the exercise of tracing it. The conclusion is that we trace value, which moves from one reposi tory into another when one asset is substituted for another.
Proprietary Claims
Authors: Smith Lionel D 
Published: November 2023

Abstract
Most lawyers connect tracing with proprietary claims to traceable pro ceeds, and that is the subject of this chapter, which could fairly be called the heart of this Part. The first section discusses the different ways pro prietary rights are acquired, which allows us to better understand the assertion of proprietary claims consequent upon a successful tracing exercise. The second section examines whether the assertion of such claims can be justified. Some have argued that proprietary claims are overly protective of those who successfully assert them, to the detriment of creditors. Others argue that the protection afforded to holders of pro prietary rights is too weak according to the traditional principles, and have argued for wider protection.
Local Authorities and Swaps: Undermining the Market?
Authors: Mckendrick* Ewan 
Published: November 2023

Abstract
In the 33rd Lionel Cohen lecture delivered at the Faculty of Law of the Hebrew University of Jerusalem on 22 May 1990, Roy Goode challenged lawyers to think more carefully about the concept and implications of a market in commercial law. He argued that lawyers tend to assume that a market is ‘at bottom no more than the aggregate of a set of bilateral contracts’ but went on to demonstrate, with his customary vigour and insight, that ‘in terms of legal effect a market ... is a great deal more than the aggregate of bilateral contractual relationships’.
Legal Expenses Insurance
Authors: Prais Vivien 
Published: November 2023

Abstract
Lord Woolf has identified the present excessive and unpredictable cost of litigation as being ‘one of the most fundamental problems confronting the civil justice system’. His Interim Report contains proposals for a new ‘fast track’ procedure which will include fixed costs based on the value of the claim. The Report predicts that the new procedure ‘will improve access to justice for those who at present cannot afford to litigate’. It goes on, as something of an afterthought, to express the hope that ‘it should encourage the development of . . . legal expenses insurance’. It is understandable that Lord Woolf should be cautious in his approach. Previous high hopes for the expansion of legal expenses insurance (‘LEI’) as a means of funding access to justice and, in some quarters, as a partial substitute for Legal Aid, have been disappointed. However, the industry is now in a better position than for some years to respond to the challenge.
The Development of a Global Securities Market
Authors: Asher Bernard 
Published: November 2023

Abstract
I propose to consider this topic in two parts. In the first part of this Chapter, I would like to look at the various developments that are taking place in equity and bond markets.
In the second part, I will focus specifically on the global equity new issue market in order to highlight some of the legal and procedural hurdles which still need to be addressed in creating a truly global market.
Why Regulate Financial Services?
Authors: Ford Chris , Kay John 
Published: November 2023

Abstract
One of the first things that strikes someone with a background in utilities regulation is the sheer extent of financial services regulation. Any one who wishes to offer investment advice must be authorised under the Financial Services Act 1986 (FSA); any one who takes deposits requires approval from the Bank of England-apart, of course, from building societies who are regulated by their own Commission; insurance companies are regulated both by the DTI and under the FSA. As a result, whereas the typical utility regulator deals with few firms-OFWAT regulates 31 and OFGAS and OFTEL are largely concerned with one alone-the Personal Investment Authority has some 5,000 members ranging from sole traders to some of Britain’s largest companies.
Competition Between Securities Markets: Good or Bad?
Authors: Kitch Edmund W 
Published: November 2023

Abstract
The regulatory and institutional structure of securities markets is one of the ways that they compete with each other for business. London competes with New York and the continental markets. The over-the-counter markets compete with the exchange markets. The structure of a market may offer superior features such as greater depth, faster execution, less price impact, more confidentiality, more reliable clearing. Or it may offer lower costs. This competition is a factor that no regulator and no market can ignore. As a result it is an important determinant of the structure of securities regulation in every country. Is this a good or a bad thing?
Approaches to Market Regulation
Authors: Cheek James H 
Published: November 2023

Abstract
The Current Environment for Capital Market Regulation
The 20th century has seen radical changes in global financial markets and these changes are relentless as we approach the 21st century. Rapid technological development, innovative hybrid financial products, new auto mated trading systems, and concentration of investment power within institutions are late 20th century phenomena that have led to a true globalization of financial markets, with a record level of cross-border investment and trading.
Freedom of Assembly: Voting with Your Feet
Authors: Woolman Stuart , Waal Johan De 
Published: November 2023

Abstract
Protests, assemblies, and mass demonstrations have played a central role in the political struggles of the past forty years. Without the franchise, without representatives in government, without the freedom to engage in open and robust debate with other members of society, and with only limited access to the media, the majority of South Africans had but one mode of political participation available to them: at the right time and place they could ‘vote with their feet’, they could toyi-toyi, they could demonstrate. Even after the April 1994 election, however, demonstrations and assemblies are likely to continue to be an essential means of political participation. Despite the implementation of a constitutional order which guarantees all South Africans the whole panoply of recognized political rights, the remaining vast disparities in economic and social power mean that many South Africans will continue to have their political experiences primarily mediated by mass gatherings and demonstrations.
Freedom of Association: The Right to be We
Authors: Woolman Stuart , Waal Johan De 
Published: November 2023

Abstract
Whether a person is a classical liberal, like de Toqueville, or a social democrat, like Davis, chances are she’11 identify freedom of association as one of the essential ingredients for a flourishing liberal democracy. However, why she identifies association as foundational may well depend upon whether it is her politics, her culture, her religion, her family life, her class, or her race that she wishes to see served. As we shall see, associational freedom serves many masters.
Procedural Rights
Authors: Milton John , Cowling Michael , Leeuw Graham Van Der , Francis Mathew , Schwikkard PJ , Lund James 
Published: November 2023

Abstract
The rights discussed in this chapter relate to that branch of national law which is termed ‘procedural’ law. Procedural law is distinguished from ‘substantive’ law, which is that part of the legal system concerned with the rights attributed to and legal duties imposed upon particular persons in particular circumstances. Procedural law sets out the legal machinery whereby rights and duties are declared or enforced; it is thus ‘the machinery as distinguished from the product’.
Culture, Education, and Religion
Authors: Dlamini Charles 
Published: November 2023

Abstract
South Africa is a country characterized by cultural and religious diversity. For this reason it has been described as a ‘multi-lingual, multi-faith, multi-cultural, and multi-political’ country.1 The kaleidoscopic panorama of cultures, religions, and languages is both a strength and a weakness. While this cultural and religious pluralism adds to the colourfulness of the country, to enable these cultures, religions, and languages to coexist harmoniously in one geographical territory is not an easy task. The reason for this is that these cultures and religions often clash. Although the differences may not be too great, people tend to exaggerate and accentuate the differences in order to justify preferential treatment for their own particular group. There is a streak in human nature which makes people feel better than others upon whom they look down. Differences in culture may provide such a pretext. Because culture and religion are closely connected with emotions people are extremely sensitive to the way these are treated by outsiders. This brings about an element of rivalry and tension.
Criminal Appeals: An Orderly Reform
Authors: Windlesham Lord 
Published: November 2023

Abstract
Acts of Parliament making changes in a branch of substantive law or administration are rarely attributable to a single source. More often the momentum needed to gain a place in the Government’s legislative programme is generated from a multiplicity of sources. Yet in the session 1994-5 two legislative enactments altering com¬ponent parts of the machinery of criminal justice could be so described. The first was the Criminal Appeal Bill announced by the Prime Minister at the start of the session on 16 November 19941 and published in February 1995. The second measure was the Criminal Injuries Compensation Bill, which is the subject of the next Chapter.
Prologue: Donald Harris and the Early Years of the Oxford Centre
Authors: Hawkins Keith 
Published: November 2023

Abstract
Optimism is one of the first things you notice about Donald Harris. It is not surprising to learn, then, that at school and later as a university student law held a particular fascination for him, for here were rules that purported to organize society and to regulate human behaviour. Moreover, in contrast with other disciplines whose subject matter was determined by natural forces, law was a human artefact whose substance was entirely under human control and therefore perfectable. Don is quick now to acknowledge an irony in all of this in light of his subsequent scepticism about the capacity of rules to serve successfully as a mechanism for the attainment of social order. But in those days he clung to what he now regards as the idealistic view that, by changing the rules, you could change society for the better.
Introduction to the Case Study
Authors: Bowling Benjamin 
Published: November 2023

Abstract
The first part of this book presented a social context for the con temporary empirical research set our in Part II. Chapter 2 presented a history of racism in Britain and its emergence as a public issue. Chapters 3 and 4 described how policy on violent racism was formulated within central government and the police. Chapter 5 described the contribution of criminology to these developments and the theoretical and methodological approach to be adopted in the empirical research. We now turn to east London of the late 1980s and early 1990s and to an examination of victimization and policing based on a detailed case study.