bluuebunny/crossref_metadata_2025_split huggingface dataset:
Sepulchres and Calvaries, 1291–1530
Authors: Morris Colin 
Published: November 2023

Abstract
‘There was a priest who preached the passion on Good Friday, so that many people wept. The foolish priest wanted to comfort them and said, “don’t weep, dear child! It is now a good 1500 years since it happened . . . and it is a long way from Jerusalem to here.” ‘ He was not the only priest to think that these were distant events in a distant place. Another was surprised at Margery Kempe’s weeping before a statue of the dead Christ: ‘Jhesu is ded long sithyn.’ Her reply was that his death was fresh to her. In this respect Margery was representative of late medieval spirituality, where the aim was ‘to be the perfect imitator of Christ in intense sufferings, since it is more perfect to imitate Christ in sufferings than in actions’.
‘For next to God, you are my salvation’: reflections on the rise of the holy man in late antiquity
Authors: Rapp Claudia 
Published: November 2023

Abstract
This article is an experiment. It aims to propose a new view of holy men in late antiquity and their literary descriptions in the sources. ‘Hagiography’ is not a genre, I shall propose. The predominant attention to saints’ Lives and other literary works written after their death has coloured our understanding of the role of the holy man within his social context. A new explanation of the function of the holy man can be achieved by the study of non-literary documents produced during their lifetime. I will examine the letters addressed to or written by holy men in the fourth and sixth centuries which reveal them in the roles of intercessor and spiritual father of a prayer community. In conclusion, I shall argue that the relation between spiritual leaders and their followers spills over to the textual level in the preference given to specific forms of hagiographical writing.
Holy men and the transformation of political space in medieval Rus’
Authors: Hollingsworth Paul A 
Published: November 2023

Abstract
Political power in medieval Rus’ was intensely intimate and contingent. It relied on the constant creation and cultivation of an extensive network of personal relationships through which wealth, social standing, and political authority could be acquired and sustained. This was true for the Scandinavian warlords who moved along the waterways between the Baltic, Black, and Caspian Seas in the ninth and tenth centuries and established themselves among the native, mainly East Slavic tribes. It was no less true for their Slavicized descendants of the eleventh and twelfth centuries, especially the proliferating descendants of Volodimer I of Kiev (c. 980-1015), who had established his family as the princely dynasty of Rus’. Although standard histories of medieval Rus’ focus on the formation of governing institutions and bureaucracies in the East Slavic principalities that arose in the pre-Mongol period, as Simon Franklin and Jonathan Shepard recently pointed out in an important and much-needed corrective to the traditional misleading emphasis on ‘state building’, rulership was in fact dependent on a series of interlocking ties between princes, retainers, and townsmen that required continual calculation, brokerage, affirmation, and management.
The holy man and Christianization from the apocryphal apostles to St Stephen of Perm
Authors: Price Richard M 
Published: November 2023

Abstract
Peter Brown’s article on ‘The Rise and Function of the Holy Man in Late Antiquity’, first published in 1971, immediately added a new dimension to the study of the ascetic movements within the Christian Empire, by drawing attention to the ways in which holy men could contribute to the easing of social relations, as well as of the anxieties of individuals, in a time of rapid economic and political change. One change that the holy man could certainly assist was the process of Christianization. This essay will explore the ways in which the holy man, as represented in the Lives of the saints, could make a distinctive contribution to this process. I shall use a wide range of hagiographical narratives, which will extend in time from the apocryphal Acts of the late second century, through the hagiographical literature generated by the monastic movement, to texts from the late medieval period, and in location from Egypt to Ireland, and from the Loire to beyond the Volga. The texts vary enormously in their historicity, extending from the reliable to the wholly fictitious. I hope to show how this literature, despite its huge range, shows striking continuity in ideology and narrative motifs, and how texts from widely different times and countries can be mutually illuminating.
The Cult of Thecla at Seleucia in Asia Minor
Authors: Davis Stephen J 
Published: November 2023

Abstract
At the end of the ATh, Thecla’s final resting place is identified as Seleucia (modern day Silifke, Turkey), a town near the south- ern coast of Asia Minor, about 100 km south-east of Iconium and 50 km south-west of Tarsus (see map of Asia Minor, Fig. 1).
The Spread of Thecla Devotion Outside Alexandria and its Environs
Authors: Davis Stephen J 
Published: November 2023

Abstract
Egypt consists of several regions each with distinct geographical and cultural characteristics: Alexandria and the Mediterranean coast, the Nile Delta, the Nile Valley, the Fayûm (a large, cultiv-ated oasis close to the Nile south-west of the Delta), the more remote oases of the Western Desert, and so forth. As I have shown in Chapters and , Alexandria and its environs along the Mediterranean coast were a centre for Thecla devotion in late antique Egypt. In this region, reverence for the female saint thrived in the religious practices of women’s monasticism and pilgrimage. A letter written by Isidore of Pelusium to Alexandrian female monks shows that the Thecla cult was also active elsewhere in the Nile Delta. However, Egyptian devotion to Saint Thecla was by no means limited to Alexandria and the Delta.
Constitutionalism, Regulation and Review
Authors: Craig Paul 
Published: November 2023

Abstract
This chapter examines certain legal doctrines which are of central importance for the nature of our constitutional ordering. There is a wealth of relevant material and limits of space have meant that choices have had to be made. The ensuing discussion focuses on three issues which are undoubtedly of significance to the book’s overall enterprise: supremacy, rights, and review. Domestic law, European Community (EC) law and the law relating to the European Convention on Human Rights (ECHR) are considered within each section. The conclusions are based on the cumulative impact of the norms derived from these systems.
Machinery of Government: Whitehall
Authors: Hazell Robert , Morris Bob 
Published: November 2023

Abstract
So far the political energy and focus of the new Labour Government has gone into designing new institutions, and in particular the new assemblies in Scotland, Wales and Northern Ireland. But as the devolution settlement beds down, and other parts of the constitutional reform programme fall into place, the focus will shift back to the centre, and how the centre needs to be reengineered to underpin the new arrangements. This chapter examines the restructuring which will be required in Whitehall.
Article 31 (Formerly Article 37) Of The Ec Treaty And State Monopolies Of A Commercial Character
Authors: Buendia Sierra Jose Luis , Read Andrew 
Published: November 2023

Abstract
Member States shall adjust any State monopolies of a commercial character so as to ensure that no discrimination regarding the conditions under which goods are procured and marketed exists between nationals of Member States. The provision of this Article shall apply to any body through which a Member State, in law or in fact, either directly or indirectly supervises, determines or appreciably influences imports or exports between Member States. These provisions shall likewise apply to monopolies delegated by the State to others.
Lecture One-The Common Law and Statute
Authors: Gummow W M C 
Published: November 2023

Abstract
The interaction between statute and case law is a matter of some complexity and gives rise to diverse issues. Those considered in this lecture include time and statute, the analogical use of statute in the development of the common law, the doctrine of the equity of the statute, the search for legislative intention, interpretation by the executive branch of government, and the action for breach of statutory duty, particularly duties imposed by a written constitution.
Changing Course: Politics and Policy-Making, 1997-8
Authors: Windlesham Lord 
Published: November 2023

Abstract
An integral part of the refashioning of the Labour Party during the latter stages of its long years in the political wilderness from 1979 to 1997 was a radical change in approach to criminal policy. Antipathy towards the police and a tendency to explain away offending behaviour in terms of social, economic, or environmental disadvantage were seen by the modernisers as being increasingly out of step with the public demand for greater protection from the consequences of criminal acts.
Community Penalties: Enforcement and Structural Change
Authors: Windlesham Lord 
Published: November 2023

Abstract
No better example can be found in the Parliament elected in 1997 of the interaction between the Government’s promotional and managerial imperatives than its policies towards community penalties. Ministers became convinced that the public perception of non-custodial penalties for persons convicted of less serious criminal offences was generally one of undue lenience. As the enforcement agency, the Probation Service was seen as being oriented more towards rehabilitating offenders in the community than towards ensuring punishment for their misdeeds and protecting potential victims from further offending. Enforcement, especially in the context of returning offenders to court for breaching the terms of their orders, was criticized as being deficient: characteristically too reluctant and too slow, with wide variations in different parts of the country.
Of Green Tulips And Legal Kudzu: Repackaging Rights In Subpatentable Innovation
Authors: Reichman* Jerome h. 
Published: November 2023

Abstract
How to enable entrepreneurs to appropriate the fruits of their investments in cumulative and sequential innovation without impeding follow-on innova tion and without creating barriers to entry has become one of the great unsolved puzzles that the law and economics of intellectual property rights needs to address as the new millennium gets underway.1 This chapter draws briefly from my earlier works to identify some of the key historical difficulties encountered in protecting.
Institutions For Intellectual Property Transactions: The Case Of Patent Pools
Authors: Merges* Robert p. 
Published: November 2023

Abstract
In this Chapter I hope to accomplish three things: briefly summarize trends in the economic theory of intellectual property rights (IPRs); describe some ideas ofmy own on the emergence ofIPR exchange institutions, and describe how an emphasis on institutions fits into existing theory; and ground these issues in a discussion of collective IPR licensing, in particular, patent pools. I begin with a discussion of how transactions have crept into intellectual prop erty theory, and then turn to an examination of actual institutions that have evolved out of the need for various industries to conduct a large volume of IPR transactions.
Custodian’s Duties
Authors: Austen-Peters A O 
Published: November 2023

Abstract
Duties owed by custodians to investors form part of the package of rights that investors with assets in custody enjoy.1 An analysis of these duties provides investors with a better idea of what their package of rights consists of This analysis serves two further purposes. It confirms what is expected of a custodian, including the degree of care and skill that should be brought to bear. Further, in case of dispute between custodian and investor, the question of whether a duty has been breached may serve as a basis for investors obtaining a remedy for loss suffered.
Introduction
Authors: Lewis Richard 
Published: November 2023

Abstract
Where schemes for compensating injury operate alongside one another there are important policy decisions to be made concerning their inter-relationship. Are they to take account of the existence of other schemes and, if so, to what extent? Should compensation from one be reduced to allow for payments from the other? These questions can be posed in a variety of contexts. Within particular regimes, for example, they are the concern of the overlapping benefit regulations in social security law and the rules relating to indemnity and contribution in private insurance law. However, the focus of this book is upon personal injury litigation.
Private Insurance Arranged by the Claimant
Authors: Lewis Richard 
Published: November 2023

Abstract
It has been clear since the seminal case of Bradburn v Great Western Railway 1 in 1874 that a claimant’s insurance is not available to a tortfeasor to relieve his liability. The damages must be paid in full. Although a tortfeasor therefore gains no benefit from the existence of insurance, the extent that an insured person is able to benefit from it when also receiving damages depends upon whether he has suffered injury to his person or his property:
Benefits Related to the Costs of Care
Authors: Lewis Richard 
Published: November 2023

Abstract
In this chapter we are concerned with the compensating benefits which may be taken into account to reduce the damages which an injured person may claim for the costs of care. This chapter differs from the preceding ones in this part of the book because it does not deal with benefits in the form of money directly paid to a claimant. Instead, it is concerned with the savings which may result either from the injured person receiving care free of charge, or from paying for a comprehensive care package which saves on the living expenses which the claimant would otherwise have had to meet. These compensating benefits, therefore, include the gratuitous care and nursing provided by family and friends at home, and the care provided in a hospital, nursing home or other institution, when board and lodging is then also supplied.
Scotland
Authors: Lewis Richard 
Published: November 2023

Abstract
The law in Scotland differs in several important respects from that in England and Wales. Following two reports from the Scottish Law Commission, the law was codified by the Administration of Justice Act 1982. In particular, s 10 states:
Subject to any agreement to the contrary, in assessing the amount of damages payable to the injured person in respect of personal injuries there shall not be taken into account so as to reduce that amount.
History and Importance
Authors: Lewis Richard 
Published: November 2023

Abstract
Although only a small part of public expenditure upon welfare is paid to accident victims, the amount greatly exceeds the total damages paid by the tort system. Tort is very much the junior partner of the social security system. Seven times as many accident victims receive social security payments as opposed to tort damages for their injuries, and the total benefit received by them is double the sum of all damages awarded. Tort becomes even less significant if its importance is assessed not in relation to accident victims alone, but in relation to the ten times larger group of people who are disabled from all causes, these predominantly being illness and disease. For a variety of reasons this group is much less able to claim in tort than accident victims, and common law damages plays an even more limited role in their compensation.
Recovery of National Health Service Treatment Costs
Authors: Lewis Richard 
Published: November 2023

Abstract
Strictly speaking, this chapter has no place in a book confined to the deduction of benefits from damages. There is no question of a compensator being able to make a deduction from damages to take account of the free NHS treatment received as a collateral benefit. This is because, as we have already seen, an injured person can- not obtain damages for the free treatment. Nor, until recently, did those hospitals and others providing the treatment seek to recover in an organized way from the compensator anything like the full costs involved. The policy solution tradition- ally adopted by the law was therefore that of reduction: the free treatment meant that no damages could be paid for it and yet led to no requirement to reimburse the state, or the NHS bodies, as the providers of the collateral benefit.
EC Competition Law and Intellectual Property Rights
Authors: Anderman Steven D 
Published: November 2023

Abstract
This book is concerned with a dynamic area of European law: the tension between intellectual property and EC competition law. It demonstrates how, both under the EC Treaty and as a matter of economic policy, EC competition law must provide a set of outer limits to, and a framework of rules which regulate, the exploitation and licensing of intellectual property rights (IPRs). It provides a template of the EC competition law rules as they relate to IPRs and explores how such a template can be applied to existing IPRs and adapted to new technologies such as telecommunications and information technology. This new paperback edition now makes it accessible to individual academics and students and will have appeal throughout Europe.
General Introduction
Authors: Anderman Steven D 
Published: November 2023

Abstract
EC Competition law in recent years has quite dramatically demonstrated its capacity to regulate the exercise of intellectual property rights (IPRs). In Magill, the Court of Justice confirmed that the European Commission has the power to end an abusive refusal to licence by imposing a compulsory copyright license. In other recent cases, the Court of Justice has held that the competition rules in the Treaty may be used as the basis to prevent IPR owners from acquiring competitor firms with similar technology, using aggressive discounting and pricing schemes, and engaging in ‘product bundling’. Moreover, the European Commission has developed an array of block exemptions, including the new Technology Transfer Regulation,s which provide a detailed regulation of the clauses in intellectual property licensing agreements.
Introduction: Intellectual Property Right Licensing and Competition Policy Generally
Authors: Anderman Steven D 
Published: November 2023

Abstract
To the parties to intellectual property right (IPR) licensing agreements, the case for the licensor’s entitlement to pass on the exclusivity enjoyed under the statutory grant seems unanswerable. Many inventors who have invested in R&D find themselves unable to exploit the full commercial potential of their investment. Either they cannot enter and manufacture in all territories in the EC or they cannot manufacture all possible technical applications of the invention. In such situations, a licence may be the only acceptable way in which a reward to invention can be obtained. The restrictions on the field of technical application or geographical territory in the licence appear to be merely subdivisions of the original right conferred by legislation; they seem to have no adverse effects on third parties who would otherwise be subject to the exclusive rights of the original right owner.
The Development of the Concept of Restriction of Competition and Intellectual Property Right Licensing
Authors: Anderman Steven D 
Published: November 2023

Abstract
The application of the two steps of the test of restriction of competition to intellectual property right (IPR) licensing has required modification in two respects. The first test has been modified by the concept of scope of the patent. The second test of appreciability gives greater weight to the fact that exclusive IPR agreements are licences of manufacturing processes and require protection from the risks of competition if licensees are not be be deterred from investing in the risky costs of entering the markets of other member states. Let us examine each of these factors in turn.
The Development of the Commission’s Block Exemption Policy for Technology Licensing Agreements
Authors: Anderman Steven D 
Published: November 2023

Abstract
The process of formulating block exemptions requires a translation of the balancing test in Article 85(3) into specific lists of acceptable and unacceptable clauses for particular categories of agreements. In principle, the Commission is supposed to build the block exemption on the basis of experience with those categories of agreement. In designing block exemptions, the Commission has had to strike a difficult balance between two different objectives: the need to create wide enough exemptions for legitimate exclusive technology transfers to receive the legal certainty of qualifying for block exemption, since this will encourage and facilitate investment in technology licensing, and the need not to create exemptions which are too wide that anticompetitive licensing agreements can slip through.
Introduction
Authors: Anderman Steven D 
Published: November 2023

Abstract
The role of Article 86 in the system of EC competition law is to regulate undertakings which have been found to occupy dominant positions on particular markets, i.e. those firms with extensive market power, such as near monopolies. In common with Article 85, its aim is to prohibit the use of market power to damage effective competition in markets by preventing access to markets or driving out existing competition, as well as to fix prices at higher than competitive levels.
The Relevant Market and Intellectual Property Rights
Authors: Anderman Steven D 
Published: November 2023

Abstract
In principle, an assessment of dominance is meant to be a measure of the market power of a firm on a particular product market in a particular location. Hence before measuring dominance, it is first necessary to define the market. As the Court put it in United Brands v. Commission: The opportunities for competition under Article 86 of the Treaty must be considered having regard to the particular features of the product in question and with reference to a clearly defined geographic area in which it is marketed ... for the effect of the economic power of the undertaking concerned to be evaluated.
Excessive Pricing and Intellectual Property Rights
Authors: Anderman Steven D 
Published: November 2023

Abstract
Under Article 86(a), a dominant firm is prohibited ‘directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions.’ From an early stage, the Court of Justice has held that in principle, a particularly high price, unjustified by any objective criteria, may be an abuse of a dominant position. The Court at one stage described the abuse as attempting to reap trading benefits which are higher than an undertaking would have reaped if there had been normal and sufficiently effective competition in the market.
The Treaty of Amsterdam: Synthesis of EC Law and Private International Law
Authors: Rammeloo Stephan 
Published: November 2023

Abstract
Put bluntly, there is no tangible freedom of establishment for legal persons under EC law as it now stands. The ECJ even observed that article 52 of the EC Treaty (i.e. before the entry into force of the Treaty of Amsterdam) ‘does not attempt to solve any of the problems that the co-existence of these two theories (the ‘incorporation’ theory and the ‘real seat’ theory) might create, but the Community has managed to live with this situation from the outset.’ A short reminder first: for a considerable period of time, the drafters of the EC Treaty were not at all troubled by the constant ‘trench war’ between the ‘incorporation’ and the ‘real seat’ theorists: