bluuebunny/crossref_metadata_2025_split huggingface dataset:
Gifts and Charitable Payments of Money
Authors: Lewis Richard 
Published: November 2023

Abstract
Earlier, we noted that there were two clear exceptions to the general rule favoring the deduction of collateral benefit from damages. The first exception, relating to insurance, was considered in the last chapter. The second exception, dealing with money received as a result of the benevolence of others, is dealt with here. This exception is less important than that of insurance and there have been very few cases dealing with it. In spite of recent policy criticism, the exception is well recognised where recipients of tort damages also obtain payments from a charitable fund raised by public donation.
Benefits Accruing to Dependants
Authors: Lewis Richard 
Published: November 2023

Abstract
If the injury results in death the rules relating to collateral benefits are governed by statute rather than common law. The Fatal Accidents Act 1976 s 4 states:
In assessing damages in respect of a person’s death in an action under this Act, benefits which have accrued or will or may accrue to any person from his estate or other wise as a result of his death shall be disregarded.
Reviews and Appeals
Authors: Lewis Richard 
Published: November 2023

Abstract
There are two ways in which a Certificate of Benefit can be challenged. The first is by a process known as review whereby the DSS is asked to re-examine what has been done. The CRU will then have another look at the position and then, in formal terms, a decision is made on the application by the Secretary of State. Review is usually a speedy and less formal way of getting a decision changed. By contrast, the second method is more formal and is not available until after the final settlement of the compensation claim. It is to appeal to a tribunal set up under the system which deals with disputes involving social security generally.
Causation Disputes: Are Benefits Paid Because of the Injury?
Authors: Lewis Richard 
Published: November 2023

Abstract
Bys 1(1) of the 1997 Act, recoverable benefits are only those which ‘have been, or are likely to be, paid … during the relevant period in respect of the accident, injury or disease.’ Causation is thus at the heart of the scheme. Have the benefits been paid ‘in respect of the accident’? Was it the injury that caused the claimant to be absent from work throughout the period during which he received benefit, or was there some other cause? For example, did the claimant become ill from an unconnected cause so that it was his congenital condition, and not his injury, which was wholly the cause of his absence from work?
Introduction
Authors: Stevens Robert 
Published: November 2023

Abstract
It is easy for even the most incompetent lawyer to give an account of an area of law which makes it seem difficult and abstruse. The trick is to explain the law so that it seems simple and may be readily understood. Where the subject is cross-border security and insolvency this is a particularly hard trick to pull off. This collection originated at a colloquium held at St John’s College Oxford in April 2000. A case study, set out in Appendix 1, was used as the basis of discussion and as a direction pointer for the various papers, which are set out in this collection in a revised form. This book is divided into five parts, as was the colloquium itself. The first part takes the form of a plea for help from a banker. The second part is an attempt to provide an overview of the ways in which security may be taken in England, the United States, France, and Germany. The third section considers the choice of law rules in relation to security in those countries. In the fourth, Professor Goode discusses the attempts through international conventions to solve the problems raised by the inadequacies of and the conflicts between current choice of law rules. Finally, the international impact of insolvency upon cross-border security is considered.
Taking Security in England
Authors: Calnan Richard 
Published: November 2023

Abstract
The purpose of this chapter is to provide a brief outline of the ways in which security is taken in England. It assumes that the person providing the security (the ‘debtor’) is a company and that the person receiving the benefit of the security (the ‘creditor’) has lent money to the debtor or provided some other form of credit to it. After an initial discussion of the principal types of security interest which can be created under English law, there will be an analysis of the main priority issues which arise, the way in which the security is enforced, and the effect of insolvency proceedings in relation to the debtor. The chapter will then examine how those principles impact on the taking of security over three specific types of commercial asset (goods, receivables, and sharest before considering how security can be taken generally over all present and future assets of the debtor. Finally, there will be a brief discussion of other ways in which a transaction can be structured so as to avoid the creation of security but to give the creditor substantially the same rights as it would have had if it had taken security.
Secured Transactions in Personal Property in the United States
Authors: Broude Richard F 
Published: November 2023

Abstract
The federal system of government under which the United States operates has meant that, while the Federal Government is responsible for bankruptcy laws, laws governing secured transactions in real and personal property are the province of the various states. The Constitution grants Congress the power to enact ‘uniform Laws on the subject of Bankruptcies throughout the United States’.1 Although it is not necessary that there be a federal bankruptcy statute,2 a bankruptcy law has been continuously in effect since 1898.3 When there is a federal bankruptcy statute, contradictory state laws are superseded.
English Conflicts Rules for Transfers of Movables: A Contract-based Approach?
Authors: Bridge Professor Michael 
Published: November 2023

Abstract
It is now established beyond recall in developed legal systems that contracting parties are free to choose the law applicable to their contract. The importance of this development cannot be underestimated. It permits the project financier and its advisers to plan a complex transaction and to assess legal risk by reference to a chosen and transaction-friendly legal system. This principle of party autonomy is a long-standing feature of English law, though formerly subject to a limitation of uncertain scope that the choice be ‘bona fide and legal’.1 In an apparent response to this limitation, a prominent feature of certain standard form commodities contracts providing for the application of English law is a clause deeming that the contract has been concluded in England and has been performed in England.2 This second element especially is palpably fictitious in the case of the great majority of modern contracts entered into on the basis of those standard forms.
The English Conflict of Laws Rules
Authors: Stevens Robert 
Published: November 2023

Abstract
Assuming that the English courts have jurisdiction, which law or laws will be applied to determine the validity and priority of security rights? In order to answer this question it is necessary to distinguish between contractual (or in personam) validity and proprietary (or in rem) consequences. Where the debtor is insolvent the proprietary effect of the security will, obviously, be of most importance. The contractual issues cannot be ignored, however. If the law governing a contract of loan determines that nothing is owed, the proprietary effect of any security will be irrelevant.
The Insolvency Issues
Authors: Ian Professor , Fletcher F 
Published: November 2023

Abstract
This chapter is concerned with the effect of the insolvency of the debtor upon the rights of a secured creditor. In particular, it is concerned with the assessment of ‘bankruptcy risk’ which should be conducted at the inception of a security transaction. For the purposes of examining the issues which arise, the chapter takes as its premise a security transaction in respect of tangible movable property of high value which wilt in theordinary course of usage, move from one jurisdiction to another. An aircraft provides an excellent example of the sort of asset in question although there will be no attempt to examine the special features of aviation financing practice or the registration and regulatory considerations which arise in respect of security over aircraft. For present purposes, the important point is to identify the possibility of security being taken in one jurisdiction and the subject matter of the security being located in another jurisdiction when questions of enforcement arise. The assumed facts are that a bank is willing to advance credit to a borrower against security of a type in respect of which that possibility arises. It will also be assumed that both parties are corporate although it should be noted that the ability of individuals to assume a domicile of choice adds an additional layer of complication if, for example, the borrower is unincorporated. In this chapter the creditor is called ‘B’ and the debtor is called ‘D’.
The Regulation of Non-Territorial Restraints in Licensing Agreements
Authors: Anderman Steven D 
Published: November 2023

Abstract
The categorization of non-territorial restraints, by the Commission and Court, has produced more of a consensus in respect of the basis for clearance. As we have seen, both have accepted the concept of the ‘scope of the intellectual property right’ and the doctrine of ancillary restraints in relation to the status of restrictions in licensing contracts under Article 85(1). However, while the scope of the patent doctrine can justify a wide range of non-territorial clauses, the early cases of Burroughs Geha1 and AOIP v. Beyrard2 indicated that certain types of non-territorial clauses could be found to be prohibited under Article 85(1) and incapable of exemption under Article 85(3). Moreover, in Windsurfing, the Court of Justice had the occasion to review the Commission’s approach to clauses which it found to be beyond the scope of the patent. The case concerned a licensing agreement between a US corporation Windsurfing International Inc. and its six German non exclusive licensees.
Tie-ins and Intellectual Property Rights
Authors: Anderman Steven D 
Published: November 2023

Abstract
A tie-in is a commercial practice of bundling two or more products into an integrated product so that a buyer must buy other products in order to obtain the one it wants. It is defined in Article 86(d) as ‘making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts’.1 In the Article 86 context it is abusive because it excludes competitors as well as limits the freedom of choice of customers. Insofar as it applies to exclusionary methods, the abuse has been defined quite widely. It overlaps conceptually with the abuse of refusing to supply and discrimination.
Predatory Pricing
Authors: Anderman Steven D 
Published: November 2023

Abstract
Article 86 has been applied by the Commission with the approval of the Community Courts to cases of predatory pricing. The abuse consists of pricing below cost with an intention to eliminate competitors. Insofar as Article 86 is used to regulate predatory pricing because of its exclusionary effects, courts must be careful not to prevent firms from competing on the basis of performance. If firms have achieved a dominant position by virtue of efficiency and innovation, they must be allowed to pass on the benefits to consumers even if that damages competitors.
Conclusions
Authors: Anderman Steven D 
Published: November 2023

Abstract
The role of Article 86 in the regulation of technological intellectual property rights (IPRs) presents particular difficulties to IPR owners because in the name of preserving effective competition, it places limits on the capacity of IPR owners to obtain a full appropriation of the reward for their invention. The policy argument has been that the EC competition rules go too far. By encroaching on the lawful prerogatives of IPR owners, they undermine the system of rewards built into IPR legislation and thereby threaten levels of investment and innovation in the European economy. Yet there are at least four distinct reasons why it is by no means clear that this is the case.
Cross-Border Company Relationships in Europe: Main Features
Authors: Rammeloo Stephan 
Published: November 2023

Abstract
It is beyond dispute now that corporations have replaced states as the most important makers of waves in the world’s economy. It is also firmly established that with the increasing globalisation of that economy corporations operate in many cases far beyond the borders of the country that presided over their birth.
A continuing process of economic globalization has provoked profound changes in the conduct of business and trade and the reactions of states to those changes. Today more than ever, market players realize that entering into business transactions with ‘foreigners’ involves more than a mere exchange of goods and services. A more dynamic attitude is called for, with either active participation in foreign undertakings, or even the total transfer of an enterprise from one country to another.
‘Incorporation’ Countries versus ‘Real Seat’ Countries
Authors: Rammeloo Stephan 
Published: November 2023

Abstract
The overall impression one gets after having read the preceding chapters is that a paradoxical situation exists: a rapidly developing Single Market on one hand, and authorities of national legal orders either tending to limit the liberal concept of the ‘incorporation’ theory, or even adamantly holding onto the ‘real seat’ (siège réel) theory on the other. Undoubtedly, contrasting perceptions at national level (i.e. the legal and economic policies of the individual EC member states) may be held responsible for that. However, in-depth attention will now be given to the law of six legal orders (one of them being a non-EU country), three of which adhere to the incorporation theory, the others being representatives of the real seat theory.
Provisional Conclusions
Authors: Rammeloo Stephan 
Published: November 2023

Abstract
Part I of this book ended by asking how it is possible to explain the paradoxical situation of a progressively developing Single Market, despite which authorities of EC member states adamantly either stick to the ‘real seat’ theory, or, even worse, take a step backwards by limiting the liberal concept of the ‘incorporation’ theory. In order to develop an answer, the law of six legal orders (all of which, except Switzerland, are EC member states) three adherents of the ‘incorporation’ theory, the others applying the ‘real seat’ theory, have been analysed. With an eye to the common interest of cross-border company mobility in Europe, the prevailing question is, of course, whether something can be learnt from the existing disparities between ‘incorporation’ and ‘real seat’ countries.
Final Conclusions
Authors: Rammeloo Stephan 
Published: November 2023

Abstract
So far, neither EC law nor private international law has shown itself capable of elaborating the versatile legal instruments needed to tackle the problem of inadequate cross-border company mobility.
Rather than simply trying to ascertain the closest geographical relationship, each of the competing private international law recognition theories reflects the major national economic policies of the legal orders on whose territories companies operate. These national policies either favour stimulating industrialization by attracting foreign investors, or stress the need to control these foreigners by obliging them to opt for a domestic company form. The former policy will lead to the acceptance of the ‘incorporation’ theory, whereas the latter policy is best safeguarded by the ‘real seat’ theory.
Planar Enumeration
Authors: Ball John , Welsh Dominic 
Published: November 2023

Abstract
From time to time in a graph-theoretical career one’s thoughts turn to the Four Colour Problem. It occurred to me once that it might be possible to get results of interest in the theory of map-colourings without actually solving the Problem. For example it might be possible to find the average number of 4-colourings, on vertices, for planar triangulations of a given size.
Studying the thinking society: social representations, rhetoric, and attitudes
Authors: Billig Michael 
Published: November 2023

Abstract
The notion of ‘social representation’ has been one of the most controversial concepts to have been formulated in social psychology in recent years. Large claims have been made for Serge Moscovici’s vision of a social psychology based around the study of social representations. According to one sup porter, this vision offers the chance of creating ‘a unified approach for a whole series of problems situated at the crossing point between psychology and the other social sciences’ (Jodelet 1984, p. 378). Inevitably, such an ambitious perspective has provoked strong criticism. There are those who claim that there is little novel about the concept of social representations (Eiser 1986; McGuire 1986) or that the novelty is spoilt by hopeless obscurity (McKinlay and Potter 1987; Potter and Litton 1985), or that the whole project is theoretically misconceived (Parker 1987).
Neurotrophic factors and development of ionic channels in primary sensory neurones of the ear
Authors: García-Diaz F , Jiménez C , Vázquez E , Represa, J , Giraldez F 
Published: November 2023

Abstract
Differentiation of a particular neuronal phenotype involves the expression of a mosaic of ionic channels that provides a given neurone with characteristic functional properties. Ionic channels constitute for this reason excellent molecular and functional markers of neuronal differentiation during embryonic development. Neurones also exhibit specific connections that for sensory neurones are established with peripheral targets, the transducing elements, and with central sensory nuclei. Differentiation of neuronal pools and the organization of their connectivity occur during embryonic development on specified territories and with a fixed temporal sequence.
Ion channels formed by amyloid βprotein (AβP[1-40]). Pharmacology and therapeutic implications for Alzheimer’s disease
Authors: Pollard H B , Arispe, N , Rojas E 
Published: November 2023

Abstract
Alzheimer’s disease (AD) is a chronic dementia which is becoming increasingly prevalent as the population ages. It has been generally estimated that as many as one-third of those reaching 85 years of age will suffer from a dementia of some kind, and Alzheimer’s disease will affiict nearly half of these. Inasmuch as modem medicine has made it very likely that many humans now alive will live to see their one hundredth year, attention to the quality of those lives suggests that Alzheimer’s disease portends to become a very significant public health problem.
Drug effeds on mechano-gated channels
Authors: Hamill O P , Jr D W McBride 
Published: November 2023

Abstract
Mechano-gated (MG) membrane ion channels provide a means of transducing membrane deformation or stretch into an electrical or ionic signal. They are characterized by the ability to change their open probability (i.e. gating) in response to mechanical stimulation. Together with voltage- and receptor-gated channels they form the three major functional classes of gated membrane ion channels.
Comparison of native and recombinant NMDA receptor channels
Authors: Stern P , Colquhoun D 
Published: November 2023

Abstract
One of the most important problems in synaptic physiology is the identification of which receptor subtypes are responsible for mediating synaptic transmission. The advent of the methods of molecular genetics has revealed that all of the fast neurotransmitter-activated receptor channels that mediate synaptic transmission are made up of several subunits. These studies have also shown that there are many sorts of subunits.
The Primate Posterior Cingulate Gyrus: Connections, Sensorimotor Orientation, Gateway to Limbic Processing
Authors: Vogt Brent A , Laureys Steven 
Published: November 2023

Abstract
The primate posterior cingulate gyrus (PCG) has been implicated in visuospatial and long-term memory functions. Although rodents perform these functions with precision, they do not have areas 31 and 23, a cingulate sulcus, PCG, or a caudal cingulate motor area that are present in primates. Although neuronal activity in this region can be modulated during working memory tasks, spoken and read words, pictures, intentions to move, and changing the position of the eyes and head, the question remains as to its specific contributions to brain function in primates. For the entire history of neuroscience, the PCG has been part of the limbic system and in this context it is presumed to have a role in emotion. This view is compatible with functional modulation by emotionally valenced pictures and words. The possible linkage of the PCG with emotion may be more subtle than previously thought, however, and it may not be limited to valenced events and memories. If the PCG has a role in emotion, does this mean the PCG has projections to autonomic motor nuclei and regulates affect like anterior cingulate cortex (ACC)? Interestingly, the PCG has no such connections. Alternatively, autonomic regulation and aspects of emotion or reward and valenced information processing may be uncoupled such that posterior cingulate cortex (PCC) is engaged in an aspect of emotion processing rather than regulating simple emotional states, mood, and autonomic functions per se.
Shared Norepinephrinergic and Cingulate Circuits, Nociceptive and Allostatic Interactions, and Models of Functional Pain and Stress Disorders
Authors: Vogt Brent A , Aston-Jones Gary , Vogt Leslie J 
Published: November 2023

Abstract
The cingulate cortex and locus coeruleus (LC) are reciprocally connected and they share many common functions including mediating aspects of fight-or-flight responses. Indeed, one of the primary functions of the LC is to coordinate these responses via projections throughout the limbic/emotional motor systems including those to cingulate cortex. Although the fight- or-flight responses are often referred to as acute ‘stress’ responses, ‘stress’ is generally associated with negative physiological outcomes and McEwen and Lasley (2002) suggest the term ‘allostasis’ for normal autonomic responses during fight-or-flight behaviors, while pathological changes are associated with chronic stress or ‘allostatic load.’A number of observations support the role of anterior cingulate cortex (ACC) in allostasis and chronic stress. The Stroop interference task has been used to generate allostasis by Gianaros et al. (2005) and they showed a correlation between mean arterial blood pressure and functional activity mainly in pregenual ACC. Lesions of ACC block gastric ulcers caused by restraint stress in rats (Henke, 1983). Intermittent footshock and restraint stress enhance cFos expression in pACC area 32 (Sawchenko et al., 2000; Rosene et al., 2004). Finally, maternal withdrawal in monkeys generates changes in metabolism in cingulate cortex and metabolism in part of area 32 is negatively correlated with cortisol levels (Rilling et al., 2001).