bluuebunny/crossref_metadata_2025_split huggingface dataset:
Copyright and the First Amendment: What Eldred Misses-And Portends
Authors: Netanel Neil Weinstock 
Published: November 2023

Abstract
The First Amendment provides that ‘Congress shall make no law abridging the freedom of speech.’ Copyright law’s potential for abridging speech has long been recognized in US case law, legislation, and commentary. Some of the cases are cited in note 3 below. Among an outpouring of recent commentary, see CE Baker, ‘First Amendment Limits on Copyright’ (2002) 55 Vanderbilt L Rev 891; Y Benkler, ‘Free as the Air to Common Use: First Amendment Constraints on the Enclosure of the Public Domain’ (I 999) 74 New York U L Rev 354; MA Lemley and E Volokh, ‘Freedom of Speech and Injunctions in Intellectual Property Cases’ (1998) 48 Duke L J I 47;
Copyright and Free Speech in Transition: The Russian Experience
Authors: Rajan Mira T Sundara 
Published: November 2023

Abstract
Copyright grants authors a monopoly right in their work, while it abruptly curtails the right of the general public to enjoy and make use of the fruits of knowledge, an essential aspect of the many-layered right to free speech. The progress of the ‘Digital Age’, our ongoing revolution in information and communications technology, has further polarized copyright and free speech. The intensification of this conflict largely owes itself to the greatly expanded reach of copyright law in the environment of new technology.
The Incidence of Cross-border Consumer Litigation
Authors: Hill Jonathan 
Published: November 2023

Abstract
Before the discussion turns to the legal framework which regulates cross-border consumer litigation, it is worth considering why this type of litigation is such a rare phenomenon. The first and most obvious point is that there are far fewer cross-border consumer contracts than there are domestic consumer contracts; if consumers tend not to make purchases from abroad, there will be few cross-border contracts and less scope for cross-border disputes. However, even as regards those cross-border contracts which do occur, there are three ‘filters’ each of which has a role to play in preventing cross-border consumer litigation from occurring. First, there are various factors which prevent complaints arising from cross- border consumer contracts.
Cross-border Consumer Litigation: Jurisdiction Rules
Authors: Hill Jonathan 
Published: November 2023

Abstract
This chapter considers the principles which determine whether or not the English courts may assume jurisdiction in relation to disputes which arise from cross-border consumer contracts—but excluding specific e-commerce issues1 and the potential impact of dispute-resolution clauses. For reasons already considered, cross-border litigation involving consumer contracts is very unusual and arises only in exceptional circumstances—for example, when significant sums of money are at stake.
Alternative Dispute Resolution: Introduction
Authors: Hill Jonathan 
Published: November 2023

Abstract
One of the important strands in the development of consumer protection over the course of the last half century concerns access to justice. It has been widely recognized that an absence of quick, simple, and cheap mechanisms whereby consumers are able to vindicate their legal rights results in consumers being poorly served by the legal system. However, there is little agreement on what should be the answer to this problem. There is a tendency among lawyers to think that the answer lies in fine tuning legal rules and procedures with a view to trying to make the courts more accessible to consumers.
Public Procurement In The Common Market Context
Authors: Bovis Christopher 
Published: November 2023

Abstract
The establishment of the common market, as the core objective envisaged by the Treaty of Rome (the Treaty creating the European Economic Communities) and reinforced by the Treaty of Maastricht (the Treaty creating the European Union) is to be achieved through the progressive approximation of the economic policies of member states. The concept of the common market embraces the legal and economic dynamics of the European integration process, with clear political ambitions from its accomplishment, and presents the characteristics of a genuine integral market.
The Applicability of The Utilities Rules
Authors: Bovis Christopher 
Published: November 2023

Abstract
The Utilities Directive applies to the award for contracts between contractors, suppliers, or service providers, and contracting entities. The terms ‘contractor’, ‘supplier’ or ‘service provider’ mean either a natural or a legal person, or a contracting entity, or a group of such persons or entities which offers on the market, respectively, the execution of works, products, or services. The term ‘economic operator’ covers equally the concepts of contractor, supplier. and service provider and it is used for simplification purposes.
Award Procedures and Criteria
Authors: Bovis Christopher 
Published: November 2023

Abstract
The process of liberalizing public procurement relies to a great extent on the principle of objectivity in the award of public contracts. The Court had the opportunity to reflect on award procedures under the relevant Directives and subject the negotiated procedures, particularly those without prior advertisement, to a restrictive interpretation. According to the Procurement Directives, negotiated procedures without prior notification shall be used restrictively inter alia ‘. . . when for technical or artistic reasons or reasons connected with the protection of exclusive rights the services could only be procured by a particular provider . . . and . . . in cases of extreme urgency brought about by events unforeseeable by the contracting authority.’
Heaven Lost and Heaven Longed for
Authors: Saward John 
Published: November 2023

Abstract
As monks have always done, the Carthusians of fifteenth-century Villeneuve made a habit of meditating on the last things of man: on death and judgement, on Heaven already attained, but also on ‘Heaven lost’, which is Hell, and ‘Heaven Longed For’, which is Purgatory. When they knelt before the Coronation altarpiece, they could see, at the bottom on the right, the pit of Hell, which Quarton, like Dante, places immediately underneath Jerusalem at the centre of the earth. On the left of the painting, underneath the city of Rome, is Purgatory.
Policy Drift: The Hidden Politics of US Welfare State Retrenchment
Authors: Hacker Jacob S 
Published: November 2023

Abstract
For over two decades, the social policies of advanced democracies have faced major strains.1 Yet only recently have analysts devoted themselves in earnest to exploring the changes that these pressures have wrought. These inquiries have produced a large, growing, and increasingly sophisticated body of research, the overwhelming verdict of which is that remarkably few systems of social protection have experienced fundamental shifts (e.g. Pierson 1994, 1996, 2001; Esping-Andersen 1999; Bonoli, George, and Taylor-Gooby 2000; Huber and Stephens 2001; Korpi and Palme 2001). In this now-conventional wisdom, welfare states are under strain, cuts have occurred, but social policy frameworks remain secure, anchored by their enduring popularity, powerful constituencies, and centrality within the post war order.
Redeploying the State: Liberalization and Social Policy in France
Authors: Levy Jonah D 
Published: November 2023

Abstract
France has long been paired with Japan as the archetypal state-led political economy (Shonfield 1965; Cohen 1977; Katzenstein 1978; Zysman 1983; Hall 1986).1 For decades, French planners aggressively manipulated an array of policy instruments-from trade protection, to subsidies, to cheap credit, to exemption from price controls-in an effort to accelerate the pace of economic modernization. French authorities channeled resources to privileged groups, favoring investment over consumption, industry over agriculture, and big business over small. They also ‘picked winners’, both specific sectors, such as coal and steel in the reconstruction era and nuclear power and telecommunications in the 1970s, and specific firms, the so-called ‘national champions’, multinational corporations anointed as France’s standard-bearers in the battle for global economic leader­ ship.
Change from Within: German and Italian Finance in the 1990s
Authors: Deeg Richard 
Published: November 2023

Abstract
It hardly needs to be stated that there have been tremendous changes in the European political economy over the last two decades. But just how profound are these changes? To put it in more theoretic terms, are we simply witnessing a period of relatively rapid evolution along old institutional trajectories (paths), or are we in fact witnessing a critical historical juncture that is launching nations onto new trajectories? How can we determine when an existing institutional path or trajectory is ending and being replaced with a new one? How does such a process take place? How can we distinguish between institutional innovation within an existing trajectory and a switchover to a new trajectory or path?
Financial Collateral
Authors: Benjamin Joanna 
Published: November 2023

Abstract
Financial collateral is the use of financial assets in security, quasi security, or title transfer collateral arrangements. The most important form of financial collateral assets are cash, investment securities, and credit claims. The first two of these fall within the current scope of the Financial Collateral Directive, and form the focus of this discussion. The last is proposed to be included, as discussed below. Also widely used are standby credits2 and receivables other than credit claims. A receivable is a contractual right to receive payment. Receivables are widely used to collateralize corporate borrowings, and also in ABS transactions, as discussed in Chapter 18.
The Competition Objective
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
The goal of promoting competition in European energy markets has always had to jostle for policy space alongside two other important concerns: on the one hand, the provision of energy security in a region characterized by a high and growing dependence on external sources for its primary energy consumption and, on the other, the achievement of environmental sustainability. Their uneasy co-existence has been a much noted feature of European energy policy over the years, particularly since the competition goal acquired the status of primus inter pares with the internal market programme since the late 1980s. Very recently, the competition goal appears to have experienced a relative decline, even as the internal energy market programme has begun to make a real impact.
The Eu System Of Energy Regulation
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
One of the most striking innovations in the body of sector specific energy law is the requirement that each Member State establish ex ante regulation of networks by means of a specialist energy authority. The minimum functions and responsibilities for such regulators are set out in the Electricity and Gas Directives. In each of the 27 Member States there is now such a regulatory authority. It is tempting to focus on this innovation—which is undoubtedly significant for the promotion of competition—and infer from subsequent or related regulatory actions that a trend is at work towards the kind of ‘regulation for competition’ that one finds in some liberalizing nation-states.
Introduction To Part II: Sector Regulation
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
The purpose of this second part of the book is to examine the rules of European law that are applicable to the various energy sub-sectors: electricity, gas, oil, coal, nuclear energy, and renewable energy. The scope of competition in these sub-sectors varies considerably at the European level according to the legal frameworks, policy priorities, and the need to accommodate national initiatives, sometimes pre-existing and often pursued at different levels of intensity. They represent a mix of the new energy law, in which the competition objective is the dominant policy aim, and an earlier approach, which has usually given at least co-equal status to the goal of energy security. In four of these sub-sectors, the principal rules are laid down by means of secondary legislation, and are of fairly recent origin.
Nuclear Energy
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
Issues of competition in the nuclear sector have arisen in recent years more in relation to the operation of general rules on state aids than to the sector-specific law. Indeed, the framework of European law for this sector contrasts with that of all other energy sectors, since nuclear energy has its own special legal base in EC primary law, with a Treaty all to itself. There are differences of opinion about the applicability of general rules of EC law.As a lex specialis, the applicable legal principle is that a specific law takes precedence over a general law (lex specialis derogat legi generali ). The relationship between the two Treaties is governed by Article 305(2) of the EC Treaty.
Competition In Upstream Markets
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
The impact of EU law on the hydrocarbons sector has differed considerably between oil and gas. The oil market is global in character, and effective commodity markets in crude oil and petroleum products have existed for some time. Legal action to promote liberalization has therefore been deemed largely unnecessary. However, there are two exceptions to this. First, in the market for petroleum products, the Commission used its powers under Article 31 EC to pursue the dismantling of ‘oil products monopolies’ in France and Greece during the 1980s. The second exception was the hydrocarbons licensing legislation (see Chapter 7).
State Aid
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
For many years state aid control appeared to have only a minor role to play in the energy sector and especially in the internal market programme. The principal exception was the provision made for ‘stranded assets’. This has begun to change. Like the areas of antitrust and merger control, the drivers for change have been partly from the liberalization process in the energy sector and partly from wider changes in thinking about the application of state aid control. Another driver has been the need to accommodate the growing impact of measures taken to promote environmental protection and climate change
Environmental Protection
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
The commitment of the EC Treaty to a policy on the environment which ensures a high level of environmental protection and an improvement in its quality is clear.1 The Treaty sets out parameters for that policy and requirements as to its implementation. Under Article 6 EC environmental protection requirements have to be integrated into the definition and implementation of all Community policies and actions referred to in Article 3 EC, in particular with a view to promoting sustainable development.
What Do We Know about Management Control Systems and Strategy?
Authors: Langfield-Smith Kim 
Published: November 2023

Abstract
Over the past decade, there has been a massive growth in published research that investigates the interrelationship between management control systems (MCS) and strategy. It is a popular theme and much of the research has important practical implications for the design of MCS and the formulation and implementation of strategy in a range of organizations. The previous two chapters set out a broad range of theoretical perspectives that have emerged to help us understand the ways in which MCS both direct strategic thinking and influence behaviours towards the attainment of strategic goals. This chapter focuses on some key areas of empirical research that investigate strategy and MCS. The purpose of the chapter is to summarize and explain what we know about this relationship, and what we need to investigate in the future.
Moving from Strategic Measurement to Strategic Data Analysis
Authors: Ittner Christopher D , Larcker David F 
Published: November 2023

Abstract
Management control theories argue that the key goals of strategic control systems are communicating strategic direction and priorities, developing mechanisms for determining whether the chosen strategy is achieving its objectives, and providing information that can be used to modify actions in order to achieve desired goals. As discussed in other chapters, the initial development of strategic control systems requires the firm to determine the system’s primary objectives (Hansen and Mouritsen 2005), allocate resources to achieve these objectives (Miller and O’Leary 2005), and develop formal and informal control systems for guiding and evaluating routines and practices for consistency with strategic goals (Ahrens and Chapman 2005).
1940
Authors: Reynolds David 
Published: November 2023

Abstract
In the early morning of Friday 10 May 1940, German troops invaded Holland and Belgium. The next six weeks have become some of the most celebrated in the history of the twentieth century.1 By 15 May the German armour had punched a 50-mile-wide hole through the weakest part of the French front around Sedan, and the French premier, Paul Reynaud, was already telling his British counterpart, Winston Churchill, ‘we are beaten;
Churchill, Roosevelt, and the Wartime Anglo-American Alliance
Authors: Reynolds David 
Published: November 2023

Abstract
The wartime alliance was Winston Churchill’s creation. That is a statement about historiography as much as history. Churchill popularized the term ‘Special Relationship’ in his Fulton speech of 5 March 1946—an eloquent appeal for the USA to perpetuate the wartime Anglo-American alliance into the post-war era.1 He also used his war memoirs, the six-volume history of The Second World War published between 1948 and 1954, in part to develop the same theme by laying ‘the lessons of the past before the future’.2
Churchill and the British ‘Decision’ to Fight on in 1940
Authors: Reynolds David 
Published: November 2023

Abstract
The summer of 1940 has gone down in patriotic folklore as Britain’s finest hour. After France had collapsed, the British people fought on alone but united, aroused by the miracle of Dunkirk, protected by the heroic RAF, inspired above all by Churchill’s bulldog spirit—‘victory at all costs’, ‘blood, toil, tears and sweat’, ‘we shall fight on the beaches… we shall never surrender’.
Churchill the Appeaser?
Authors: Reynolds David 
Published: November 2023

Abstract
On Bonfire Night, 5 November 1944, a German V-1 ‘flying bomb’ landed in Sussex. Nothing surprising in that: southern England had been under fire since June. But this V-1 carried propaganda not explosives. Its four-page leaflet explaining why Britain should sue for peace ended with a V-1 shaped crossword. The clues and answers included the following:
Churchill and Allied Grand Strategy in Europe, 1944–1945
Authors: Reynolds David 
Published: November 2023

Abstract
Winston Churchill did not always get his way: British grand strategy in the last year of the war was not simply a mirror of his mind. But the prime minister played a more active, hands-on role in the daily making of policy than did Franklin D. Roosevelt. The US Army chief of staff, General George C. Marshall, confessed after the war that ‘sometimes I didn’t see the President for a month’.1 Marshall’s British counterpart, Sir Alan Brooke, would often have regarded even a week without Churchill as paradise. Roosevelt was generally content to set the course and leave the details to Marshall and the Joint Chiefs, whereas British strategy, grand or operational, in 1944–45 bears Churchill’s imprint at every stage.
The President and the British Left
Authors: Reynolds David 
Published: November 2023

Abstract
Little that Franklin Roosevelt did was ever simple or straightforward. ‘A man who would never tell the truth when a lie would serve him just as well,’ was Douglas MacArthur’s bitter epitaph.1 The President’s closest associates often despaired of his deviousness. ‘You won’t talk frankly even with people who are loyal to you and of whose loyalty you are fully convinced,’ complained Harold Ickes. ‘You keep your cards close up against your belly
Whitehall, Washington, and the Promotion of American Studies in Britain, 1941–1943
Authors: Reynolds David 
Published: November 2023

Abstract
Most of Britain seems to believe that nothing happens in America except ‘gangster shootings, rapes and kidnappings’. That was the complaint of JosephP. Kennedy, the US Ambassador, in a speech in Liverpool in May 1939. Kennedy blamed this perception on the British belief that American ‘home life, history, and even legal practice are typed by motion pictures’. He appealed for better press coverage of the United States and for the study of American history in British schools and universities.1
Churchill, Roosevelt, and the Stalin Enigma, 1941–1945
Authors: Reynolds David 
Published: November 2023

Abstract
As the Second World War progressed, the Anglo-American couple became part of a ménage à trois. But the Soviet Union proved a difficult and unpredictable bedfellow. In a radio broadcast on 1 October 1939, Churchill described Russian foreign policy as ‘a riddle wrapped in a mystery inside an enigma’.
The ‘Big Three’ and the Division of Europe, 1945–1948
Authors: Reynolds David 
Published: November 2023

Abstract
Winston Churchill called the Second World War ‘the unnecessary war’.1 In the first volume of his war memoirs he set out to show how it could have been avoided if the allies of 1914–18 had maintained their unity and had enforced the peace treaties agreed in Paris. It would be going too far to depict the Cold War as ‘unnecessary’, but it was definitely unwanted and unintended. In 1945 all the ‘Big Three’—Great Britain, the Soviet Union, and the United States—wished to maintain their wartime alliance as the basis for post-war international cooperation, even though each understood cooperation in different ways.
Introduction
Authors: Roberts Catherine 
Published: November 2023

Abstract
The statutory rule found in section 151 of the Companies Act 1985 imposes a general prohibition against a company, or any of its subsidiaries, giving financial assistance to a person, either directly or indirectly, for the purpose of an acquisition of the company’s own shares. This rule has links with a fundamental principle at the core of Company Law, namely maintenance of capital. The rule can be seen as a method by which a company’s capital is maintained for the protection of a company’s creditors, and a company’s assets are protected against misuse and dissipation by directors and controlling shareholders. The rule is also the method by which Article 23 of the Second Company Law Directive, on the maintenance and alteration of capital of public limited companies, is implemented. Under the terms of Article 23(1) of the Second Company Law Directive, a public company may not advance funds, nor make loans, nor provide security with a view to the acquisition of shares by a third party.
Structure of the Financial Assistance Provisions Under the Companies Act 1985
Authors: Roberts Catherine 
Published: November 2023

Abstract
The overall structure of the eight statutory provisions prohibiting a company providing financial assistance for the acquisition of its shares could be summarized as follows: prohibition (section 151(1) and (2)); sanction (section 151(3)); partial ‘definition’ (sections 152 and 154); and exemptions (sections 153 and 155 to 158).