bluuebunny/crossref_metadata_2025_split huggingface dataset:
Employment Aspects of Business Reorganisations
Authors: Hyams Oliver 
Published: November 2023

Abstract
This timely new text examines the various employment law issues arising in relation to business reorganisations. Providing guidance on the most difficult practical issues of this complex area, the book is aimed primarily at practitioners working in this area. However, its accessible style ensures wider appeal to non-specialists. The book focuses on the rights and obligations of an employer towards its employees and their representatives when it seeks to reorganise its business. This can include situations where an employer wishes to contract out certain operations (and relevant employees may be transferred to another employer) or where affected employees are retained but reallocated to different jobs and responsibilities. Fully up to date to incorporate the Transfer of Undertakings (Protection of Employment) Regulations 2006, the book details the circumstances where the regulations apply and where they do not, and the full implications to employers in each case. Clearly structured to ensure ease of reference, the book provides separate coverage of collective and individual employment rights and detailed analysis of key issues such as obligations in respect of pension schemes, the definition of redundancy and the right to a redundancy payment, as well as the circumstances where there is no redundancy but where an employee may be fairly dismissed in a reorganisation for “some other substantial reason”. The book also deals with the manner in which employees’ common law rights may be breached and the possible impact of the law of discrimination on a reorganisation. Full attention is given to the underlying UK and European statutory framework and the developing case law in this area.
Introduction and Overview
Authors: Hyams Oliver 
Published: November 2023

Abstract
This book is concerned with the kind of issues which are likely to arise where there is a reorganisation of an employer’s business. This may occur where the employees’ employer does not change, and that is the situation which is most likely to come to mind when the word ‘reorganisation’ is used. Yet, a business may be owned by a company which is in a group of companies, and the parent company may carry out a reorganisation by transferring some or all of the subsidiary’s employees to another company within the group. That could clearly be regarded as a business reorganisation. However, it will constitute the transfer of a business or part of a business from one employer to another.
Common Law Obligations
Authors: Hyams Oliver 
Published: November 2023

Abstract
A description of the law relating to business reorganisations would be incomplete without a statement of the common law principles which may apply. The situation in which the common law is perhaps most likely to be of practical importance is where the employer has a policy of giving employees who are dismissed by reason of redundancy more by way of compensation for the loss of that employment than is required by the ERA 1996. The question whether the employer is obliged by the law of contract to give employees such enhanced redundancy payments will then arise. A subsidiary question which may arise where there is such a contractual obligation is whether the employer can lawfully dismiss for a reason other than redundancy an employee whose dismissal for redundancy would otherwise have occurred.
Catholic–Protestant Views of Justification: How Should Christians View Theological Disagreements?
Authors: Evans C Stephen 
Published: November 2023

Abstract
One of the more promising developments within the contemporary Christian world has been the dialogue between Protestants and Catholics over key Christian doctrines, particularly the doctrine of justification. The exciting aspect of these discussions is that they have clearly reduced misunderstandings on both sides and led to a greater appreciation of the common ground that these two streams of Christian faith share.
Concurrent Proceedings In Competition Law
Authors: Nazzini Renato 
Published: November 2023

Abstract
The book contains a full and up-to-date account of the implications of concurrent enforcement of EC and UK competition law. It addresses the interaction of criminal, civil, and administrative proceedings in the UK and the EU as regards procedure, evidence, and remedies. The volume contains an in-depth examination of the principles regulating concurrent proceedings and explains in detail the practical solutions following from the construction of EU and UK legislation. Concurrent Proceedings in Competition Law offers a thorough review of the jurisprudence of the Court of Justice and the Court of First Instance and the European Court of Human Rights, as well as analyzing the English authorities in the area of procedure and evidence insofar as relevant to r s1interplay between criminal, civil and administrative proceedings in competition law. The main focus is on stays, binding effect of administrative decisions and judgments, and disclosure and admissibility of evidence in English law and its relationship with Community Law and Human Rights standards. The analysis expands to the practical consequences of case allocation within the European Competition Network, choice of forum within the EU, litigation in the US, and leniency applications in multiple jurisdictions. The impact of Council Regulation 1/2003 and the Commission Notices on cooperation within the Network of Competition Authorities and on cooperation with the courts of EU member states is fully explored. Criminalization of cartels in the UK adds a further dimension to the interplay of concurrent proceedings. Issues of stays, binding effect of administrative decisions and disclosure and admissibility of evidence are also studied when they arise in a dispute that is being decided by an arbitral tribunal.
Administrative Proceedings
Authors: Nazzini Renato 
Published: November 2023

Abstract
Judicial proceedings may be criminal or civil. They may be brought in the UK courts or in the courts of foreign States. Because of the important role they play in competition law, civil and criminal proceedings brought in the US are the only type of foreign judicial proceedings examined in this chapter. The scope for civil and criminal cases in competition law matters is, however, potentially infinite, depending on the countries involved, the applicable law, and the willingness of public authorities and private parties to press for criminal charges or bring civil proceedings.
Overview Of Relevant Legal Principles
Authors: Nazzini Renato 
Published: November 2023

Abstract
Concurrent proceedings are governed by legal principles that serve the purposes of avoiding a multiplicity of proceedings, achieving consistency of decisions, and safeguarding the fairness of the administrative or judicial process. These principles are embedded in the national legal systems but often receive in international instruments and in Community law. They are not solely applicable to competition law matters, but their application to the concurrent enforcement of competition law is, to a certain extent, still relatively new and uncertain. It is, therefore, useful to analyses these principles in their fundamental structure before turning to their application to concurrent proceedings in competition law.
Tactical Implications Of Concurrent Proceedings
Authors: Nazzini Renato 
Published: November 2023

Abstract
In this chapter, some tactical implications of concurrent proceedings will be analyzed. The possibility of several sets of proceedings being brought in respect of the same infringement of competition law may be exploited to the advantage of complainants/claimants and complainees/defendants. At the same time, parties should be aware of the risks that concurrent proceedings pose to the speedy resolution of their complaints and cases.
General Conclusions
Authors: Nazzini Renato 
Published: November 2023

Abstract
This chapter focuses on the main themes of the analysis of concurrent proceed-It puts forward policy recommendations in the three areas examined throughout this study: stays of proceedings, the binding effect of administrative decisions, and disclosure and admissibility of evidence. Detailed conclusions on the many issues dealt with in this book are to be found at the end of the relevant sections and chapters. This general conclusion looks at the broader picture. It identifies the structural dialectic of the tensions revealed by the dynamics of concurrent enforcement and examines the issue as to whether Regulation
Introduction
Authors: Yeo Tm 
Published: November 2023

Abstract
The subject of conflict of laws deals with the resolution of disputes involving foreign elements. It is traditionally divided into three parts. The first deals with jurisdiction: when does the forum have jurisdiction to hear the case, and to the extent that it is still part of the jurisdictional rules, is it the most appropriate forum in which to hear the case? The second is choice of law: which system of domestic law should the court apply to answer the substantive legal question? The third deals with the recognition and enforcement of foreign judgments.
Relationship between Equitable Doctrines and Choice of Law
Authors: Yeo Tm 
Published: November 2023

Abstract
It was sought to show in Chapter 1 that choice of law analysis is relevant when a litigant is seeking to rely on the equitable principles of the forum or analogous principles in foreign law; there is nothing in the nature or operation of the equitable principles of the forum that necessarily precludes the consideration of the choice of law question. On this basis, this chapter considers the approach to be taken to choice of law analysis when­ ever claims or issues raise the possibility of applying English equity (or foreign analogous doctrines), by analysing different models of the relationship between choice of law rules and English equity.
Substance and Procedure
Authors: Yeo Tm 
Published: November 2023

Abstract
The distinction between substance and procedure is fundamental to the 4.01 conflict of laws. Issues of substance are subject to choice of law rules, but issues of procedure are governed by the law of the forum. Historically, the English courts have given a wide meaning to ‘procedure’, but it has been noted that this attitude is currently viewed with disapproval because of its tendency to undermine the objectives of choice of law rules.
Contracts and Agreements
Authors: Yeo Tm 
Published: November 2023

Abstract
This chapter examines the extent to which issues involving equitable doc­ trines may be analysed within choice of law rules for contractual issues. There are two regimes in English law. The common law regime, which applied to all contracts entered into prior to 1 April 1991, has been largely superseded by the Rome Convention. Because of similarities between the regimes, for the most part they will be discussed together. Differences where relevant will be highlighted.
Conclusion­Equity in Domestic Law and Choice of Law
Authors: Yeo Tm 
Published: November 2023

Abstract
In the introduction to Restitution and the Conflict of Laws (FD Rose (ed), 1995), Lord Millett commented on the growing importance of the law of restitution in the face of increasing international financial scams in a globalized world, and lamented the lack of treatment of the subject from the perspective of conflict of laws in the major conflict of laws textbooks. The same, if not a stronger, statement can be made regarding the equitable principles of the forum and analogous equitable doctrines of other countries, some of which can play important roles in combating international fraud, and many of which are important to commercial life generally. There is a clear need for greater and sustained treatment of the subject.
Clusters, Networks, and Innovation: Research Results and New Directions
Authors: Breschi Stefano , Malerba Franco 
Published: November 2023

Abstract
During the past decade or so, the geography of economic activities and the analysis of clusters have resurged as key issues in the research agendas of scholars from quite diverse economic fields. Although the idea dates back to Marshall (1920) and has been developed subsequently by other economists, such as Perroux (1950), Hirschman (1958), and Jacobs (1961) to mention a few, the resurgence of geography is not casual and reflects a deep trend in contemporary economies. Without rehashing the controversy between regional economists and new economic geographers (Martin and Sunley, 1996), the rediscovery of space and territory springs from the increasing awareness that variations across regions in economic growth and performance ultimately depends on a set of factors and resources - know ledge, capabilities, skilled human capital, institutional and organizational structures - which are specific to certain locations and relatively immobile in space.
Buzz: Face-to-Face Contact and the Urban Economy
Authors: Storper Michael , Venables Anthony J 
Published: November 2023

Abstract
Face-to-face contact remains central to co-ordination of the economy, despite the remarkable reductions in transport costs and the astonishing rise in the complexity and variety of information - verbal, visual, and symbolic which can be communicated near instantly. Over the past quarter century, long-distance business travel has grown faster than output and trade (Hall, 1998). There must be powerful reasons for economic agents to congregate and see each other,given the relatively high pecuniary and opportunity cost of business travel. Forces of urbanization and localization remain strong. For example, the geographical density of employment in many sectors in the US has actually increased in recent years (Kim, 2002).
The Geography of Knowledge Spillovers: Conceptual Issues and Measurement Problems
Authors: Breschi Stefano , Lissoni, Francesco , Montobbio Fabio 
Published: November 2023

Abstract
We would like to thank the participants to the 45th Scientific Meeting of the Italian Economic Association (SIE: 22-23 October, 2004 University of Bologna), Davide Castellani and Alessandra Tucci for useful comments and suggestions. Stefano Breschi gratefully acknowledges financial support from University Bocconi and from the Italian Ministry of Education, Research and University (MIUR). Francesco Lissoni ‘s contribution benefited from support by the Italian Fulbright Commission and the hospitality of the Sloan School of Management at MIT. The usual disclaimers apply. This chapter surveys the recent empirical literature that uses mainly plant level data and panel econometric techniques to explore the existence and spatial extent of knowledge spillovers. Following Griliches (1992) the existence of two types of knowledge spillovers is considered: pure knowledge spillovers and rent (or pecuniary) spillovers.
David and Goliath in the Risk Society: Making Sense of the Conflict between Shell and Greenpeace in the North Sea
Authors: Tsoukas Haridimos 
Published: November 2023

Abstract
IN June 1995 Shell and Greenpeace locked horns in the North Sea, over the offshore disposal of Brent Spar, a defunct oil platform which had been decommissioned after nearly twenty years of service. The Brent Spar controversy, which originally started as a local incident involving Greenpeace, Shell UK, and the British government, escalated rapidly and, mainly through in tense media-generated publicity, quickly assumed wider significance, involving European governments and consumer boycotts in several Western European countries. In the end, Shell was forced to reverse its decision. The purpose of this chapter is to understand how the victory of a small organization such as Greenpeace over a large organization such as Shell was made possible.
The Firm as a Distributed Knowledge System: A Constructionist Approach
Authors: Tsoukas Haridimos 
Published: November 2023

Abstract
THERE are two key questions mainstream management researchers have traditionally addressed in their studies of firms’ behaviour. First, in what direction should a firm channel its activities? And second, how should a firm be organized? The first is a question of strategy, the second of organization design. What are the typical assumptions behind these questions? What do they take for granted? First, that there is a quasi-optimum in (or at least, a good enough solution to) what a firm should pursue and how it should be organized. And second, that the quasi-optimum can be reached if all the necessary knowledge is possessed by strategists, if a system of preferences is already established, and if the relationship between means and ends is known (Min tzberg 1990: 180-7; Mintzberg, 1994: ch. 5).
What is Organizational Knowledge?
Authors: Tsoukas Haridimos , Vladimirou Efi 
Published: November 2023

Abstract
THE aim of this chapter is to explore the links between individual know ledge, organizational knowledge, and human action undertaken in organized contexts. Those links have remained relatively unexplored in the relevant literature, a large part of which, captive within a narrowly Cartesian under standing of knowledge and cognition, has tended to privilege ‘pure’ know ledge and thinking at the expense of outlining the forms of social life which sustain particular types of knowledge (Tsoukas 1996, 1997, 1998; Varela, Thompson, and Rosch 1991; Winogrand and Flores 1987).
Fourteen
Authors: Tsoukas Haridimos 
Published: November 2023

Abstract
THE prevailing view of theory development in organization studies (OS) has, for quite some time, been that theory development takes place within incommensurate paradigms. This claim is typically made by theorists of an anti-positivist or ‘critical’ epistemological bent. Another widespread view has been that if the knowledge produced in OS is to be instrumentally used by practitioners, such knowledge needs necessarily to be tested for its generality and scope of application. This claim is put forward by, typically, positivist and some action-oriented researchers. While both meta-theoretical views have elements of truth, they conceal more than they reveal. What they have in common is a mentalistic understanding of research, whereby the latter is predominantly seen as a series of competing abstract knowledge claims. In this chapter I challenge this mentalisitc understanding by conceiving of organizational research as knowledge-based work, and explore the implications for paradigm incommensurability, theory development, and theory use.
The Conduct of Strategy Research: Meta-theoretical Issues
Authors: Tsoukas Haridimos , Knudsen Christian 
Published: November 2023

Abstract
Parameter: [[⃛ ]The question is, what is management science? Most of it these days sells itself as corporate strategy. I’m not well up on this, but it seems to be mostly platitudes. Invest in R&D, but not too much. Be ruthlessly efficient, but be nice to your workers. Manage decisively, but empower your subordinates. Be big but not too big. On the other hand, don’t be too small. Listen to your customers. Concentrate on quality. Concentrate on value for money. On market share. On share holder value.
New Times, Fresh Challenges: Reflections on the Past and the Future of Organization Theory
Authors: Tsoukas Haridimos 
Published: November 2023

Abstract
As one would expect of all social scientific fields, organization theory bears the marks of its birth. Ever since Weber, OT has largely been concerned with the study of formal organizations. Organization, understood as the generic phenomenon of patterned interaction, has been approached from the perspective of how coordinated interaction is authoritatively achieved within formal organizations (Barnard 1968; March and Simon 1993; Thompson 1967).
Path Dependency, Institutional Complementarity, and Change in National Business Systems
Authors: Deeg Richard 
Published: November 2023

Abstract
The concept of path dependency is widely invoked in the social sciences to explain institutional continuity and-to a lesser extent institutional change. This is no less true of the various literatures which characterize and theorize about national business systems or models of capitalism. Yet, outside its formal application in economics to specific firms or technologies (e.g. Arthur 1994), the theory of path dependence is surprisingly underdeveloped. The exceptional efforts of North (1990) and others notwithstanding, the application of path dependent arguments to social and political institutions still lacks adequate theoretical specification and empirical examination.
Internationalization and Capability Development in Professional Services Firms
Authors: Morgan Glenn , Quack Sigrid 
Published: November 2023

Abstract
Over the last two decades, the service sector has become increasingly internationalized. As well as exporting services to other countries, firms have established a variety of organizational forms and networks in order to enable themselves to deliver services across national borders. Whereas some consideration has been given to understanding strategic issues (Aharoni 1993; Baden-Fuller 1993; Dezalay 1993; Dezalay and Sugarman 1995; Dunning 1993), very little is known about the internationalization of service sector firms at the level of organization, management, and work processes. This is particularly true for what in the literature have been referred to as ‘professional services firms’, characterized by the knowledge intensity of their services, their dependency on highly skilled employees (often but not always accredited professionals) and the intangibility and customization of solutions delivered to their customers (Alvesson 2001; Empson 2001a,b; Greenwood and Lachman 1996; Greenwood et al. 1999; Lowendahl 2000; Maister 1993; Morris and Empson 1998; Rose and Hinings 1999).
Institutional Complementarities, Path Dependency, and the Dynamics of Firms
Authors: Morgan Glenn 
Published: November 2023

Abstract
The contributions to this book have analysed the relationship between firms and institutions and how this influences change processes within national and international contexts. Building on different institutionalist approaches, all the contributions have emphasized that the degree of complementarity between institutions varies across societies and firms are able to use this variability, both within societies and across them, to develop new patterns of action that in turn contribute to the reshaping of institutions at the national and the international level. In this final chapter, I wish to draw out and make explicit some of the key points emerging from these contributions.
Copyright and Free Speech Theory
Authors: Barendt Eric 
Published: November 2023

Abstract
The relationship between freedom of speech and copyright protection has 2.01 increasingly attracted the attention of copyright lawyers.1 They have become troubled by the impact on freedom of expression of the recent extension of See, eg, P Samuelson, ‘Copyright, Commodification, and Censorship: Past as Prologue but to what Future?’ and PB Hugenholtz, ‘Copyright and Freedom of Expression in Europe’, in N Elkin-Koren and NW Netanel (eds), The Commodification of Information (The Hague: Kluwer, 2002), 63, 239; M Birnhack, ‘The Copyright Law and Free Speech Affair: Making-up and Breaking-up’ (2003) 43 Idea: J L & Technology 233; D Fewer, ‘Constitutionalizing Copyright: Freedom of Expression and the Limits of Copyright in Canada’ (1997) 55 U Toronto Faculty L Rev 175; P Drahos, ‘Decentring Communication: The Dark Side of Intellectual Property’, in T Campbell and W Sadurski (eds), Freedom of Communication (Aldershot: Dartmouth, 1994), 249.