bluuebunny/crossref_metadata_2025_split huggingface dataset:
Asset Management and Investor Protection
Authors: Franks Julian , Mayer Colin , Da Silva Luis Correia 
Published: November 2023

Abstract
Asset management is a major industry playing an increasingly important role in economic activity around the world. Traditionally, it has been primarily associated with the 'stock market' economies of the UK and the USA, but as this book shows some of the most spectacular growth in activity of recent years has occurred in continental Europe. This has presented opportunities and challenges. New forms of financial instruments and institutions have emerged in countries that have traditionally relied on debt and non-market forms of intermediation. Competition has intensified and entry has occurred both within and across national markets. However, this growth has been accompanied by potential problems; will investors enjoy a wider range of products and services, they face more complex instruments and transactions. Therefore, the potential for failures, such as misdealing and fraud, may have increased. The natural response is to strengthen regulation, but there is a fine balance to be struck between in adequate and excessive regulation of asset managers. This is particularly complicated in the context of European capital markets. European countries have traditionally had very different financial systems and asset management businesses, therefore it is no surprise to discover that they have many different approaches to regulating asset managers. How should the European Commission respond to this diversity? Should it seek to create greater uniformity via common regulatory rules? The particular focus of this book is financial resource requirements. There is currently an active debate about the role which capital requirements should play in asset management, particularly in the European context. In order to address this issue, the authors argue that it is necessary to understand the nature of the asset management business in different countries and the risks that it faces. They therefore discuss how the asset management business operates; how it is organized; the nature and size of risks in the business, who bears them and ho they are financed; and what the alternative forms of investor protection are, together with their associated costs and benefits.
The Industry Structure: Europe and the USA
Authors: Franks Julian , Mayer Colin , Da Silva Luis Correia 
Published: November 2023

Abstract
While Chapter 4 examines the size and constituent parts of the asset management business, this chapter focuses on the structure of the industry in the eight countries studied in this book. In particular, the number and ownership of firms and the level of concentration in these industries are examined. This allows any similarities or differences between the countries to be identified, which may be relevant when the regulatory framework is considered in the following chapter.
The Regulation of Investment Management Services in the USA
Authors: Franks Julian , Mayer Colin , Da Silva Luis Correia 
Published: November 2023

Abstract
This chapter provides further details on the regulatory rules and requirements for investment advisers and investment management companies in the USA. Regulation of advisers relates to registration, capital requirements, the handling of client money, and disclosure. Regulation of investment management companies relates to the form of oversight by the SEC, capital requirements, disclosure, custody rules for client assets, and the need for bonding of particular individuals against fraud and theft. The chapter then describes the common enforcement of both groups by the SEC, including the incidence of, and scope for, prosecution.
A Case Study in Authorized Collective Schemes
Authors: Franks Julian , Mayer Colin , Da Silva Luis Correia 
Published: November 2023

Abstract
In this chapter, a case of large losses is examined in detail. The case took place in the unit trust management industry, and not in the discretionary asset management under mandates, which is the main focus of the research. Nevertheless, it raises generic issues for investor protection, and illustrates: the way in which failures in the investment management process can occasionally create large losses; how parent firms with deep pockets and reputational capital at stake can provide investor protection;potential deficiencies in the protection provided by separate custodians and trustees; that capital requirements may not be an appropriate regulatory response to the occasional large losses described in this chapter.
Introduction: Governing Work and Welfare in a New Economy: European and American Experiments
Authors: Zeitlin Jonathan 
Published: November 2023

Abstract
Most recent discussions of work and welfare in Europe and the United States have tended to assume, implicitly if not explicitly, that little mutual learning could arise from transatlantic comparisons. According to one widespread view, common on the right, especially in the United States and certain international organizations, the 1990s saw the global triumph of a single dominant economic model, that of American free-market capitalism, whose superior efficiency was reflected in higher growth and lower unemployment rates than those of continental Europe.
The European Employment Strategy, Multi-level Governance, and Policy Coordination: Past, Present and Future
Authors: Goetschy Janine 
Published: November 2023

Abstract
Formalized by the Amsterdam Treaty (1997), the idea of the European Employment Strategy (EES) had already been initiated by the Delors White Paper on Growth, Competitiveness and Employment (1993) and had been made operational on a pragmatic basis by the Essen procedure after the European Council in December 1994. Following Amsterdam, the EES was put into practice before the official implementation of the Treaty on the basis of the employment guidelines formulated at the special Luxembourg summit (November 1997).
Recalibrating Europe’s Welfare Regimes
Authors: Ferrera Maurizio , Hemerijck Anton 
Published: November 2023

Abstract
In a well-known series of volumes on European welfare states published in the mid-1980s, Peter Flora coined the metaphor of’growth to limits’ (Flora 1986). This notion contained an institutional diagnosis of the social policy predicament which afflicted the Old Continent: the ambitious programs introduced during the trente glorieuses had come to (quasi–full) maturation and were therefore reaching their maximum extension in terms of coverage and generosity. While the realization of the ‘golden’ commitments of the past meant invaluable material advances for large masses of the population, growth to limits was causing a number of worrying budgetary and institutional strains: mounting public debts and deficits, the accrual of ‘automatic’ entitlements often treated as property rights, a gradual loss of overall policy flexibility, and so on (Ferrera 1998a).
Migration, Migrants, and Policy in the United Kingdom
Authors: Hatton Timothy J , Price Stephen Wheatley 
Published: November 2023

Abstract
International migration has been an important phenomenon in Britain. During the last fifty years migration in general, and immigration in particular, has become a key policy issue. Economic considerations have always been a part of the debate, but they have been subordinated to the more overtly social and political questions. For this and other reasons, the economic analysis of international migration, the experience of migrants and their impact on the wider economy is less advanced than is the case for some other countries in Europe and North America. The purpose of this paper is to draw together a number of somewhat disparate threads embracing the history of migratory movements, public policy towards immigration and race, the economic experience of immigrants and the overall impact on the economy. The first section charts the changing historical pattern of migration to and from Britain. This is followed by a sketch of the development of immigration policy linking it with developments in domestic race relations. This highlights the important distinction between migrants and ethnic minorities.
The problem of Linguistic Subgroupings*
Authors: Greenberg Joseph H 
Published: November 2023

Abstract
Both German and archaic English have in common anst suffix indicating the second person singular of the verb: German du denkst; English thou think-est. Given the relatively close genetic relationship of English and German, the obvious explanation is one of common origin, that is, that both forms are the continuations of a Proto-Germanicst, second person singular suffix in both English and German. The known history of these forms, however, shows something quite different. Both German and English inherited a second person singular in s. In both languages, independently, the suffixation of the independent pronoun in question led to a form inst, which then spread by analogy to noninterrogative constructions: pinkespu, pinkest; denkesdu, denkest.
Classification of American Indian Languages: a Reply to Campbell*
Authors: Greenberg Joseph H 
Published: November 2023

Abstract
In Language 64: 3 (1988), Lyle Campbell contributed a review article concerning my book Language in the Americas (henceforth C and LIA, respectively) that was uniformly negative. I believe that readers of Language should be made aware that one year before my book appeared in print, on the basis of a brief exposition of its contents in Current Anthropology (Greenberg, Turner, and Zegura 1986), Campbell wrote that my classification of American Indian languages ‘should be shouted down’ (1986: 488). Under these circumstances, an objective review could hardly be expected. More importantly, the reader of C’s review article gets no real notion of the main arguments and contents of the book.
In Defense of Amerind*
Authors: Greenberg Joseph H 
Published: November 2023

Abstract
During the period 1991-92, five publications concerning my classification of native American languages (1987), hereinafter LIA, appeared in this Journal. One is a note on Pan-Americanisms by Campbell (1991), three are mainly devoted to a consideration of the data on specific languages or language groups (Poser 1992, Berman 1992, and Kimball 1992), and, finally, there is a review of the volume itself by Rankin (1992). I shall first consider the more general issues concerning the methodology of classification and the overall results when applied to the New World. In the latter part of this article, criticisms of the data presented regarding specific languages and language groups will be considered in detail.
The General Principles of EU Law
Authors: Tridimas Takis 
Published: November 2023

Abstract
The European Court of Justice has profoundly influenced the development of the legal order of the European Community through the elaboration of unwritten general principles of law. The general principles derive from the fundamental values underlying the national legal systems. This fully revised and updated Second Edition of The General Principles of EC Law provides a detailed and systematic analysis of the general principles as applied by the European Court of Justice and the Court of First Instance, and as they are influenced by political and legislative developments. It assesses the impact of the EU Constitution on the European polity and the protection of Community rights in national courts. Tridimas highlights the various functions of the general principles, the diverse contexts in which they are employed, and the varying degrees of judicial scrutiny that they entail, focussing on principles including subsidiarity, equality, proportionality, fundamental rights, and the right to a hearing.
The Liability of Community Institutions
Authors: Tridimas Takis 
Published: November 2023

Abstract
This chapter gives an overview of the principles which govern the liability of the Community institutions under Article 288(2) EC. The development of the case law in this area is important for a number of reasons. Article 288(2) is one of the few provisions of the founding Treaties which make express reference to the laws of Member States. Thus, the case law under Article 288(2) illustrates how the Court has understood its mandate to build up a common law on the liability of Community authorities. Also, it highlights the role of general principles, such as equality and proportionality, as rules of law breach of which may give rise to liability. Finally, an understanding of the rules governing the liability of the Community institutions is necessary to evaluate the liability of Member States.
State Liability for Breach of EU Law
Authors: Tridimas Takis 
Published: November 2023

Abstract
There is no doubt that the most important aspect of the principle of effectiveness is the establishment by the Court of State liability in damages for breach of Community law and the cognate right to reparation of injured parties. The development of the case law in this area eminently illustrates the creative function of the Court. The subject has attracted vast bibliography and will be examined here in some detail.
The assumption of authority in Kosovo and East Timor: legal and practical implications
Authors: Rausch Colette 
Published: November 2023

Abstract
This chapter gives an overview of the instruments and documents that comprise the legal framework for the police components in the United Nations missions in Kosovo and East Timor. The legal framework is particularly important given the broad Jaw-enforcement powers of the international police in these missions. These powers include carrying arms, making investigations, arrest and detention. The chapter then discusses in more detail the practical issues related to enforcing the law in a post-conflict environment.
Stare Decisis in Civil-Law Countries: The Last Bastion
Authors: Baade Hans W 
Published: November 2023

Abstract
As reported by Callistratus, the Emperor Severus (who ruled from AD 193 to 211) ordained that gaps in the legal system created by the ambiguities of enacted laws were to be filled either by consuetudo or by res perpetuo similiter iudicatae, to both of which he ascribed vim legis. Some three centuries thereafter, in AD 529, Justinian admonished his judges to decide cases non exemplis sed legibus but, a mere four years later, he also re-enacted the Severus formula along with the Digest, thus endowing both of these texts with equal authority.
Defects of Consent and Security of Contract: French and English Law Compared
Authors: Cartwright John 
Published: November 2023

Abstract
Bernard Rudden has the knack of giving you an insight into something you thought you already knew. I remember an early conversation in which he told me something I knew, but it set my mind in a new direction-as, I suspect, he intended it to do. ‘Look at Caius’ Institutes’, he said. ‘The first contract you find is mutuum. He thought it perfectly natural to start with a transaction between friends, a gratuitous contract.’ So the Roman conception of contract was significantly different from the modern English conception. The values which (often tacitly) underlie those different conceptions are significantly different.
The Reformulation of Contractual Formality
Authors: Aker Simon Whitt 
Published: November 2023

Abstract
For the nineteenth century and much of the twentieth century, the general tendency of contract law in both the civilian systems of continental Europe and the English common law has been towards the diminution in the significance of contractual formalities. For some civil lawyers this tendency has been seen as a proper and desirable consequence of a consensualist vision of contracts, contrasting sharply with the supposed formalism of ancient Roman law. In the case of French law, this tendency towards contractual informality was given expression despite the terms of the Civil Code, notably as regarding ‘gift contracts’. While considerations of public policy ought properly to control the private law-making of parties to contracts, in principle whatever their form the expressions of their ‘autonomy’ should be given binding effect.
Should Europe Codify Trust?
Authors: Mattei Ugo 
Published: November 2023

Abstract
Among the many contributions that Professor Bernard Rudden has made to comparative law, of no little importance has been that of making English property law accessible and understandable to civil lawyers. I was early exposed to his mastery in clearing the forest for foreign explorers as a student in the property law class that he taught in 1980 at the London School of Economics within the programme chaired by Professor Clive Schmitthoff. Ever since, I have been interested in grasping the basic principles underlying the many technicalities that make property law sound so much of a domestic business In this chapter, I will continue that exploration, and I will try to approach trust law from the perspective of a European legal system considering whether or not to codify it.
The judicial architecture of the Union
Authors: Arnull Anthony 
Published: November 2023

Abstract
The establishment of the Court of First Instance in 1988 marked the first major alteration to the judicial architecture of the Community (that is, the configuration of its judicial system) since the 1957 Convention on Certain Institutions Common to the European Communities. The CFI has in many respects proved to be a resounding success. Only a small proportion of its decisions is challenged before the Court of Justice and the number set aside is low. Although it has sometimes overreached itself, the CFI has made an important contribution to the development of Community law. It has been particularly influential in the competition field, delivering a series of notable judgments on such subjects as collective dominance and merger control. It is perhaps in that field that its willingness to scrutinise closely the factual background of cases has been most apparent. The influence of the CFI has not been confined to the substantive law of the Conununity. In J fizzer Animal Healthv Council, for example, it addressed the application of the precautionary principle as well as the link between democratic
Equal treatment for men and women
Authors: Arnull Anthony 
Published: November 2023

Abstract
The Court of Justice recognizes a general principle of non-discrimination or equality as ‘one of the fundamental principles of Community law’. Aristotelian in origin, the general principle of equality is deceptively straightforward. It imposes two requirements: first, ‘that similar situations shall not be treated differently unless differentiation is objectively justified’ , and second that two situations which are essentially different should not be treated in the same way without objective justification.: The Court regards the general principle of equality as having been given specific expression in several provisions of Community law expressly prohibiting certain forms of discrimination. They include those laying down the principle of equal treatment for men and women. The notion of equality has proved particularly troublesome both to define and to apply in that context. The rapid evolution in attitudes to discrimination on grounds of sex since the formation of the Community has presented the Court with a series of challenges which it has not always confronted convincingly.
The Many Boundaries of the firm
Authors: Oinas PäIvi 
Published: November 2023

Abstract
Our common-sense conception of any commonly known social entity is that it is identifiable and definable. This suggests intuitively that its boundaries are known. But, in the case of the firm, it has been claimed that its boundaries are increasingly fuzzy. Does this mean that we are losing our grasp on what the firm is, or is it that there is a range of different rhetorics on the meaning of ‘the firm’? Indeed, in discussion of the firm, we are at the meeting place of a number of different rhetorics. Think, for instance, of the rhetoric of the business world (and the business press) concerning the processes bringing about peerless products and services with first-class resources—competent managers and employees, technology, materials, and so on—embraced by the magic of the corporate logo and the figure of the powerful CEO.
Guns, Firms, and Contracts: The Evolution of Gun-Making In Birmingham
Authors: Taylor Michael , Bryson John 
Published: November 2023

Abstract
The purpose of this chapter is to explore the implications for the theory of the firm of the interplay between firms, markets, governance, and technology. The structure and boundaries of the firm are examined in the circumstances of flexible specialization using the historical case study of the gun-making trade in nineteenth-century Birmingham. The last thirty years have been widely recognized as a new era of flexible specialization and a shift away from the Fordist mass production that reached its zenith in the decades following the Second World War. In this new era, firms are said to have changed, because the commercial environment within which they operate has changed, and is now strongly socially constructed. Under these changed circumstances, the path to economic growth in local economies is seen to depend on close inter- and intra-firm relations and cooperation to foster learning and knowledge creation and transfer, to generate technological change, and to create competitive advantage. In line with this shift, some approaches to the theory of the firm contend that the boundaries of the firm are, of necessity, increasingly indistinct, permeable, and fuzzy.
Studying the New Economy: An Activity Specific Approach to the High-Tech Firm
Authors: Gray Mia 
Published: November 2023

Abstract
The growth of high-tech industries in the USA has engendered much hyperbole about the behaviour, structure, and dynamic potential of the hightech sector from the popular media, public policy circles, and academia. Despite all the attention, there is a great deal of misinformation surrounding high-tech industries and their effect on regional growth. Although geographers and planners have often enriched the debate, they have also, at times, added to some of the confusion about high-tech industries and regional growth due to their assumptions surrounding the high-tech firm and their minimization of broader institutional explanations. This chapter attempts to revisit some of the main assumptions surrounding the industry, the nature of the firm, and how we study the high-tech firm, and suggests ways around the current impasse.
Language Rights, Literacy, and the Modern State
Authors: Levy Jacob T 
Published: November 2023

Abstract
In this chapter I am concerned with arguments for language rights and (which is different) language preservation. In particular I am concerned with the ways in which they sometimes proceed as if language consolidation arises in a vacuum, as if it’s simply a bad idea on the part of malicious majority-language policy makers. I will argue that questions of language policy and language rights cannot be understood in isolation from the social and political changes that have created such strong trends toward monolingualism at the state level. That is not to say that these trends should not be resisted; it is to say that they cannot be ignored.
Managers’ Lives, Work, and Careers in the Twenty-First Century
Authors: Guptara Prabhu 
Published: November 2023

Abstract
Let me begin by reporting a snippet from a meeting with one of the most experienced, respected, and intelligent senior executives whom I know. I had gone to take up an invitation to dinner and, as he came out of his office and shook my hand, I saw that he was looking crestfallen, so I asked if he had had a long day. He shook his head and said ‘No, Prabhu, it’s rather that I don’t understand the world any more.’ Was this mere world-weariness or was it unusual sensitivity to what is going on in the world? I reflected on that statement and that conundrum, and have come to the conclusion that he is not the only senior executive who does not understand the world.