bluuebunny/crossref_metadata_2025_split huggingface dataset:
Constitution of Panel
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter examines the composition or constitution of panels, which will set out the body’s rules or procedures. It looks at issues such as the qualifications for members of a tribunal, whether a tribunal remains quorate if a panel member leaves, and what the position is if the panel member later returns, and whether there is any requirement for a panel to have a member of the same speciality as the practitioner. On the last point, it has been repeatedly stressed that there is no requirement for the speciality of the professionally qualified panel member to match that of the practitioner. The qualifications for panel members are derived from the relevant regulations and rules, rather than any side arrangements containing the pool of panel members. The cases of R (Michalak) v. General Medical Council [2011] and R (Hill) v. Institute of Chartered Accountants in England and Wales [2013] illustrate the problems that can arise for professional disciplinary tribunals if a member departs and either later returns or is substituted for another panel member.
Dishonesty (General Principles)
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter describes the general principles for dishonesty. It is clearly established that, whatever form dishonesty takes, the practitioner must be given timely notice of an allegation of dishonesty with relevant particulars where appropriate, unless it is obvious from the nature of the charge, for example where the allegation is based on a criminal conviction that involves dishonesty. The decision of the Supreme Court in Ivey v. Genting Casinos (UK) Ltd t/a Crockfords [2017] established that the test for dishonesty is now a single objective test, but, importantly, after the fact-finder has first established the defendant’s actual state of mind as to their knowledge or belief of the facts. ‘Knowledge’ includes both actual and blind-eye knowledge. Meanwhile, ‘beliefs’ includes suspicions that may fall short of blind-eye knowledge.
Dishonesty (Sanction)
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter studies the sanction for dishonesty. Dishonesty will be particularly serious if it involves a breach of trust between the practitioner and their employer, patient, client, or regulator, or where it occurs in the performance of professional duties. Erasure or striking off will often, and perfectly properly, be the appropriate sanction in cases of dishonesty, even in the case of a one-off instance of dishonesty. In the healthcare professions, however, erasure is not necessarily inevitable in every case in which dishonest conduct has been substantiated. There may be cases in which the panel concludes that a lesser sanction may suffice and is appropriate, bearing in mind the important balance of the interests of the profession and the interests of the individual. Key examples include Atkinson v. General Medical Council [2009] and Igboaka v. General Medical Council [2016].
Impairment of Fitness to Practise
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter discusses a registrant’s fitness to practise, which will be regarded as impaired by reason only of certain defined matters, such as misconduct, deficient professional performance, a conviction or caution, or adverse physical or mental health. It cites the Dentists Act 1984, the Health and Social Work Professions Order 2001, and the Medical Act 1983 as examples of the statutory provisions governing impairment. It also describes impairment as a matter of judgment for the tribunal or committee, rather than a matter of proof. The chapter emphasizes the need to uphold proper professional standards and public confidence in the profession as key factors. The concept of fitness to practise has the advantage of flexibility, while at the same time recognizing that a decision-maker might conclude that a practitioner’s fitness to practise is impaired.
In Camera Discussions
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter talks about panels that are required to deliberate in private before reaching and announcing certain decisions. In the absence of an express rule, panels will invariably retire before reaching a decision on the facts, impairment, or sanction. It also mentions the Nursing and Midwifery Council (Fitness to Practise) Rules 2004 and the General Dental Council (Fitness to Practise) Rules 2006 that require a committee to deliberate in private to make findings on the facts. The chapter recounts Fabiyi v. Nursing and Midwifery Council, wherein the committee was criticized for retiring for only 8 minutes to consider whether to proceed in the absence of the registrant where there were substantial issues to consider. The decision to proceed in the registrant’s absence was found to be procedurally unfair.
Indicative Sanctions Guidance
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter looks into regulators that publish guidance on sanctions, which are described as ‘indicative’ of the sanction that the tribunal or committee may impose in any given case. The rules of the regulator will often provide that the tribunal or committee must have regard to any sanctions guidance or policy issued by the regulator. It also distinguishes a code of practice that is published pursuant to a statutory requirement between a sanctions policy or an indicative sanctions guidance. The chapter highlights the purpose of a sanctions policy, which is to aid panels in their deliberations and to help them to make fair, consistent, and transparent decisions. Any indicative sanctions guidance should be seen in the context of the regulator’s overarching statutory objective.
Investigation of Allegations
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter illustrates the legal framework for the investigation of allegations by healthcare regulators, which is governed by detailed rules and guidance documents. The legal framework sets out a step-by-step approach that begins with an allegation or complaint considered by the registrar to determine whether or not it may give rise to an allegation of impaired fitness to practise or professional misconduct. It emphasizes how the registrar may carry out investigations that are appropriate in the registrar’s opinion. The chapter explores the task of investigation of case examiners or the investigation committee, whose role is to determine whether there is a case to go forward to the fitness to practise tribunal or committee. Most regulators publish guidance for case examiners or the investigation committee when making decisions to refer an allegation to a fitness to practise or conduct hearing.
Jurisdiction
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter describes regulatory and disciplinary bodies that derive their jurisdiction from various sources, such as under statute, the royal prerogative, royal charter, or by contract with their members. It mentions healthcare professions that are governed by statute and derive their jurisdiction from the royal prerogative. It also talks about architects who are regulated under a statutory scheme and other professions that are regulated by professional bodies incorporated under royal charter. The chapter explains that a tribunal or committee has no power to adjudicate upon a matter that is outside or beyond its jurisdiction. It cites the Court of Appeal cases of Virdi v. Law Society and Hill v. Institute of Chartered Accountants in England and Wales, which show that one cannot expect every contingency to be foreseen and provided for when one is dealing with bye-laws and regulations of professional disciplinary bodies.
Language (Knowledge of English)
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter examines the requirement for the necessary standard of competence in the English language for medical practitioners, which was recommended by the House of Commons Health Committee. It looks at a report that followed the death of a patient in 2008 when the treating physician administered ten times the recommended maximum dose of diamorphine. It also points out that EU law provides for recognition of certain professional qualifications in EU member states and states in the European Economic Area. The chapter discusses the UK legislation that reflects the need for comprehensible communication between patients/clients and the professional providing the service. It details how regulators publish guidance, codes of practice, and standards that make the necessary knowledge of the English language a paramount requirement for any person applying to be registered and to practise in the UK.
Legal Advice
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter elaborates on the legal framework of legal advice. It notes how the Medical Act 1983 indicated that the appointment of legal assessors or a legally qualified chair must satisfy the criteria concerning qualifications, experience, competence, and other matters to be eligible for appointment. The legal assessor’s role is to advise the committee or tribunal on issues of law or procedure and, if necessary, intervene to prevent an irregularity or a mistake of law from occurring. The General Medical Council’s Legal Assessors Rules expressly define good practice, so advice should be tendered in the presence of the parties, or the parties should be informed as soon as practicable if absent. The chapter references varying cases that involve either a legal assessor, legal adviser, or legally qualified chair.
Legal or Other Representation
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter explores the provision for allowing legal or other representation of the registrant. It discusses the representation at hearings of the regulators, NHS, school, university hearings, contract-based hearings, and police or prison disciplinary hearings. According to the Legal Services Act 2007, advocates and litigators owe a duty to the court that is a long-standing part of the law of England and Wales. Thus, lawyers should undertake only cases with proper knowledge of the law to enable them to put forward competent arguments and always remember their paramount duty to the court. The chapter explains that most regulators allow a registrant to be represented at a fitness to practise or conduct a hearing by counsel or a solicitor, or a member of a defence organization. It clarifies that courts will not normally permit an appeal based on an allegation of incompetent representation before a disciplinary tribunal.
Misconduct (General Principles)
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter looks into the meaning of misconduct in other professional bodies since the term was not defined in the legislation covering doctors, dentists, nurses, and most other healthcare professionals. Misconduct is a word of general effect, which often involves some act or omission which falls short of what would be proper in the circumstances. Moreover, the misconduct is qualified in two respects: its links to the profession of medicine and professional misconduct being serious. The chapter references the disciplinary case of Doughty v. General Dental Council wherein dental practice and treatment fell short of expected standards, which became a misconduct matter of judgment for the committee. It also tackles cases of negligent conduct.
Reasons
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter highlights the significance of disciplinary committees or fitness to practise tribunals to provide reasons for their decisions. Numerous regulators’ guidance documents indicate how decisions must be fully explained using clear language with sufficient detail so that the parties and others can understand why a particular determination was made. The adequacy of the reasons should take into account the knowledge of the submissions and evidence before the tribunal or committee. The chapter mentions the need for reasons within the healthcare profession. It also looks into the cases that featured the adequacy of reasons in healthcare cases and other professional cases.
Recklessness
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter explores the definition of recklessness in disciplinary proceedings. Lord Bingham of Cornhill adopted the definition of ‘recklessness’ set out by the Law Commission in its Report on Criminal Law: A Criminal Code for England and Wales. Additionally, a person acts recklessly under the terms and circumstances of being aware of a risk that exists or that will occur. The chapter also tackles disciplinary cases that featured recklessness and dishonesty. It explains how Brett v. Solicitors Regulation Authority showcased how the solicitor allowed the court to be misled and proceed on incorrect assumptions through witness statements with false impressions.
Standard of Proof
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter elaborates on the civil standard of proof universally applied by all tribunals and committees in professional conduct proceedings. The Solicitors Disciplinary Tribunal and the Bar Tribunals and Adjudication Service transitioned arrangements for the tribunal to apply the civil standard concerning allegations. Meanwhile, the Royal College of Veterinary Surgeons continues to apply the criminal standard of proof. The chapter highlights the significance of fact-finding tribunals and committees considering the inherent probability or inherent improbability of the relevant event when applying the civil standard of proof on the balance of probabilities. It also tackles health profession cases that feature a standard of proof.
Whistleblowing
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter covers the provision for protection from disclosure or whistleblowing. It elaborates on the Employment Rights Act 1996, which is intended to ensure that a worker will not suffer detriment as a result of whistleblowing as per its amendment. Regulators across the professions have made rules and issued guidance to enable employees and workers to raise concerns and report wrongdoing within the areas the bodies regulate. The chapter discusses A Review of the Fit and Proper Person Test commissioned by the Minister of State for Health that tackled the serious misconduct by directors with the NHS. It explores disciplinary cases that featured whistleblowing.
Words and Phrases
Authors: Hamer Kenneth 
Published: September 2023

Abstract
This chapter notes the words and phrases often utilized in cases of disciplinary proceedings. It also references the cases and chapters that mentioned the terms. Some of the terms range between behaviour, double jeopardy, proportionality, and unacceptable professional conduct. For example, Spencer v. General Osteopathic Council [2013] featured the term ‘unacceptable professional conduct’, which was elaborated on and discussed in the book’s chapter focused on misconduct. The chapter also references R (Officer W80) v. Director General of the Independent Office for Police Conduct [2020] which indicated that police officers must only use force to the extent that it is necessary, proportionate, and reasonable in all the circumstances.
A New Measurement of Poverty
Authors: Santos Juan Manuel 
Published: September 2023

Abstract
In this chapter, the author summarizes the story of the Multidimensional Poverty Index (MPI) and the development of the methodology to calculate it (the Alkire–Foster method) by Sabina Alkire and James Foster at the University of Oxford between 2006 and 2007. He also describes how the Oxford Poverty and Human Development Initiative (OPHI) promoted the MPI. This index is based on the economic theories of Professor Amartya Sen. The author recounts how Mexico was the first country to develop a multidimensional poverty measure and how Colombia and Bhutan, almost simultaneously, were the first countries to adopt an MPI fully based on the Alkire–Foster method. As background to the MPI, the author cites the concept of unsatisfied basic needs (UBN), developed by Óscar Altimir at the Economic Commission for Latin America and the Caribbean (ECLAC), in addition to other instruments used in Colombia for measuring and monitoring families’ living conditions such as the Living Conditions Index (LCI) and the SISBEN. In 2008, economists at Colombia’s National Planning Department (DNP in Spanish), led by Roberto Angulo, began to study the new MPI created at Oxford, and, in 2009, the Colombian government convened the Mission for the Splicing of Employment, Poverty, and Inequality Series (MESEP in Spanish), which recommended adopting it. Jointly, in 2010, the DNP and OPHI began working to construct an MPI for Colombia (C-MPI).
Introduction: Artificial Intelligence and the Nuclear Dilemma
Authors: Geist Edward 
Published: September 2023

AbstractThis chapter introduces the work and describes its methodology. It opens with a brief encapsulation of the book’s argument as to why emerging technology will enhance the efficacy of military deception instead of enhancing situational awareness. It then outlines the desirable features of a nuclear strategy and makes the case for framing nuclear strategy in “cognitive” terms with the goal of reshaping adversary beliefs.
From Celluloid Nightmares to Silicon Realities
Authors: Geist Edward 
Published: September 2023

AbstractThis chapter relates the myths of machine intelligence and nuclear weapons so common in popular culture to the real history of how AI has been related to nuclear war planning. It demonstrates that the basic narrative of nuclear-armed computers run amok antedates the beginnings of artificial intelligence as a field and contends that this narrative persists because it makes for compelling stories, not because of any particular resemblance to real life. The chapter then describes historical attempts to employ artificial intelligence for nuclear strategy. Most of these examples are previously obscure, such as RAND’s creation of an expert system to substitute for human players in wargames in the 1980s and DARPA’s effort to automate nuclear war planning as part of its Reagan-era Strategic Computing Initiative.
Recipe for a WOPR
Authors: Geist Edward 
Published: September 2023

AbstractThis chapter draws upon theoretical computer science to evaluate the likelihood that computers can be made to track and target strategic nuclear forces in practice. The chapter illustrates the inner workings of multi-target tracking system and its components such as Kalman filters and data association mechanisms using intuitive analogies to familiar situations. It explains how tracking is a form of information fusion, which in turn is a form of reasoning under uncertainty. Reasoning under uncertainty is one of the best-studied problems in artificial intelligence, but computer scientists have proved it to be computationally and epistemologically hard. These findings suggest that a satisfactory general way to make computers reason about uncertainty will remain forever elusive, and therefore that more sensors and more powerful computers cannot be counted upon to make disarming strikes feasible.
Prologue
Authors: Zwicker Jonathan 
Published: September 2023

AbstractUsing the memoir of a nineteenth-century kabuki actor as a focal point, the “Prologue” of Kabuki’s Nineteenth Century suggests a framework for nineteenth-century Japanese theater history in relation to the larger currents of political and intellectual history that formed the background for the emergence of modern Japan. In the summer of 1855, the kabuki actor Nakamura Nakazō III (1809–86) began writing what would become a most singular document of kabuki’s nineteenth century. Part memoir, part diary, the timing of Nakazō’s turn toward the autobiographical is fortuitous. The two decades during which he wrote this memoir would turn out to be among the most significant years in the history of Japan, and Self Praise (Temae miso), as the book is now known, provides an extraordinary eye-witness account of the decade straddling the birth of the modern nation.
Mapping the Stage
Authors: Zwicker Jonathan 
Published: September 2023

AbstractNineteenth-century theater ephemera is filled with maps and other spatial diagrams. At the same time, writers were increasingly interested in understanding the history of kabuki in relation to the history of other theatrical traditions: the theater of Late Imperial China, in the first instance, and the theater of Europe later. “Mapping the Stage” examines a wide variety of print and manuscript sources to ask how nineteenth-century writers both deployed cartographic imagery and created a comparative framework for understanding kabuki’s place within the world. These were questions that would have profound implications for the modern discipline of theater history in Japan.
Feminist Lives
Authors: Abrams Lynn 
Published: September 2023

Abstract
Feminist Lives adopts a woman-centred approach to understand how British women charted a new way of being female in the three decades before the Women’s Liberation Movement. Focusing on the so-called ‘transition’ generation of women who were born in the long 1940s and who grew to maturity in the 1950s, 1960s, and 1970s, this book shows how this generation of women developed the aspirational model of womanhood that then emerged after 1970 as the norm amongst women in the Global North. Feminist Lives seeks to fill ‘the feminist history gap’, countering a narrative that has for too long neglected this generation of women as fusty and failing, and as just not feminist enough. Using women’s voices as the book’s evidential and emotional core as they describe themselves, their lives, relationships, feelings, and actions, this study analyses the modes by which women constructed a modern self, built upon new ways of living, feeling, and being.
Young Men from the Provinces
Authors: Duquette Elizabeth 
Published: September 2023

Abstract
Beginning from Lionel Trilling’s argument that “Young Men from the Provinces” are key to the development of the nineteenth century, this chapter reads Henry James’s The Princess Casamassima in the context of that tradition. Tracing how the novel understands key political ideals from the French Revolution—liberté, égalité, fraternité—the chapter shows James exploring what it means that tyrannies and tyrants can be aligned with movements for social justice as from impulses for conservative counter-revolution. Not only does James’s interest in people, both as an abstraction and as a verb, raise questions about to whom obligations might be owed; it also shows James navigating the vexed relationship between the social and the political.
Coda
Authors: Duquette Elizabeth 
Published: September 2023

Abstract
Napoleon Bonaparte defined greatness for the nineteenth century—and he also defined madness and monomania. The coda briefly charts this association, focusing on Henry James’s deathbed dictations, where he imagined, briefly, that he was the French emperor. Napoleon was, in short, not only the symbol of tyrannical ambition; he was also implicated in ambition’s pathology, the delusion of grandeur. Bringing together these two dimensions of ambition opens onto the book’s final point. Reorienting our political imagination so that we remember that tyranny has many forms, that it presented a constant concern across the nineteenth century, and that its return is easier than its defeat. The latter is necessary if we are to finally achieve the democracy we have celebrated for centuries.