bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Integrity of Transactions
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
The starting point is the proposition that modern legal systems, through the institutions of private law, generally promote the freedom to transact. It should be the first duty of a court or tribunal to uphold, rather than invalidate, an apparently binding contract or other transaction. This commitment to transactional freedom as part of the deep structure of our civil law is based upon a policy choice. However public policy may also identify countervailing reasons why a prima facie enforceable transaction should not be accompanied by legal obligations. The main source of public policy precluding the recognition and enforcement of obligations is statutory prohibition. Two major problems have blighted English law in this context.
Intermediaries
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
Financial products such as life insurance have traditionally often been delivered through the use of intermediaries. The insurance broker has been a familiar figure since the nineteenth century, and there has been a considerable amount of case law on their duties and responsibilities. However the majority of the case law relates to general insurance business, rather than life policies. It is therefore a delicate question as to how far one can rely on such precedents. More recently, in the life insurance and investment sectors, the broker has been joined by the independent financial adviser, the tied adviser and the appointed representative. The relationship between these various species of intermediary, and both the service provider and the customer is prima facie governed by the rules of agency developed at common law, together with a statutory overlay.
Discipline and Enforcement
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
The FSA’s powers to discipline authorized firms and approved persons are distinct from its other regulatory enforcement options, for example the initiation of criminal prosecutions, the exercise of its ‘own initiative powers’3 and the power to apply for injunction and restitution orders.4 In this chapter we will focus attention upon the principal disciplinary powers to issue a statement of public censure and impose a financial penalty.
Directives as binding instruments of legislative action
Authors: Prechal Sacha 
Published: November 2023

Abstract
With the statement that regulations shall have ‘general application’, the Treaty Article is saying that a regulation applies to abstract categories of persons. It lays down general rules which affect the legal position of general classes of persons. Furthermore, the Court of Justice has emphasized that these terms entail the applicability of the regulation to ‘objectively determined situations’. Decisions on the other hand can be directed to a definite number of addressees, i.e. Member States and private parties, and they only affect specific legal subjects.2 Both acts are binding in their entirety.
The addressees of a directive
Authors: Prechal Sacha 
Published: November 2023

Abstract
From Article 249(3) it follows that a directive can be addressed to and is binding upon Member States alone. Unlike ECSC recommendations, an EC directive cannot be addressed to subjects of Community law other than the Member States. Although directives may be directed to one Member State or to a certain number of Member States, in practice they are usually addressed to all of them. Furthermore, the fact that according to the terms of Article 249(3) the binding force of a directive exists only in relation to the Member State to which it is addressed has led the Court of Justice to decide that a directive cannot impose obligations on an individual.
Consistent interpretation
Authors: Prechal Sacha 
Published: November 2023

Abstract
Whenever a directive has not been correctly implemented or has not been implemented at all, an individual may find that although a provision exists which should be considered to be a part of the national legal order and which is intended to grant him rights or to allow him to benefit in other ways, his Member State’s inadequate action or inaction means he appears to be left empty handed. The actual situation is, however, less drastic. Apart from the fact that he can nevertheless rely on the directive before national authorities or other bodies which can be considered an’ emanation of the State’, an option which will not be elaborated further, he may have resort to a national court with a view to compelling observance of the directive at issue.
The ‘Great Pilgrimage’ in the Later Middle Ages, 1291–1530
Authors: Morris Colin 
Published: November 2023

Abstract
The final loss of Latin Syria took place on 28 May 1291, when the last resistance collapsed in the great port of Acre. The Mamluk rulers of Egypt and southern Syria had been eroding the Latin strongholds for more than thirty years. Since 1258, there had been a formidable Mongol presence established in Persia, a serious threat to the Mamluk dominions, and Mongol–Christian alliance several times resulted in common action between the Mongols, Antioch, and Armenia. The fall of Acre was rapidly followed by the abandonment of the few remaining Latin strongpoints.
The End of the Pilgrimage, 1530–1630
Authors: Morris Colin 
Published: November 2023

Abstract
In 1533, a noble from Maine in northern France, called Greffin Affagart, set sail from Venice for the Holy Land. He was painfully aware that the Jerusalem pilgrimage, which had endured in basically the same form for two centuries, was facing the prospect of collapse. It was to advocate its continuation that he wrote his account. He had been on the journey once already, and now was planning a long stay. Affagart was a man of conservative spirit, who was proud of being a knight of the Holy Sepulchre, and travelled with a Franciscan, Bonadventure Brochart.
Introduction
Authors: Johnston James Howard 
Published: November 2023

Abstract
There has been an unprecedented acceleration in the pace of research across almost the full range of the humanities in the second half of the twentieth century. It was the inevitable consequence of the expansion of the academic profession as universities proliferated and grew in size. Knowledge has grown hugely, all manner of new techniques and approaches have been developed, and there has been an immeasurable improvement in understanding of economic, social, and cultural processes and of their interplay in different material environments across different historical epochs. Nowhere has the advance been more dramatic or more exciting to participants and a wide lay audience than in one subculture (late antique studies) of a subculture (historical studies) of the humanities. Many subtle, imaginative and scholarly intelligences have contributed to a rapid extension and deepening of knowledge, but none can match the inspiration given by Peter Brown or the energizing force which his teaching and writing have imparted to research in the field. Some day a biographer will tease out some of the experiences, exterior and interior, which helped shape his character and ideas. Starting with his birth and upbringing in Dublin, the future biographer will cast an eye over the years of formal education at Aravon School in Co.
The etiquette of devotion in the Islamic cult of saints
Authors: Meri Josef W 
Published: November 2023

Abstract
The Qur’an embodies the pure monotheistic message revealed by God to the Prophet Muhammad, asserting the unity of God with verses such as ‘Say He God is One, the Everlasting, He did not beget nor was He begotten’. The veneration of saints and prophets and making pilgrimage to tombs and shrines posed a threat to the Unity of God and Islamic orthodoxy. However, from the conquests of the seventh and eighth centuries down to the present the veneration of saints and pilgrimage to their shrines has been an integral part of religious life for most Muslims as for most Christians in late antiquity and in medieval Europe. The absence of an ecclesiastical hierarchy in Islam did not in any way marginalize or preclude the proliferation of dynamic forms of saint veneration which were wide-spread not only in North Africa and Egypt but in most parts of the Islamic world, not least in Palestine, Syria, Iraq, and Persia. This essay focuses on the development and practice of the cult of saints in medieval Islam from the ninth through to the sixteenth centuries with particular reference to ritual practice within the ziyara or pilgrimage to saints’ tombs and to attempts of Islamic theologians to define a proper etiquette for those who visited tombs.
Choosing A Prime Minister
Authors: Brazier Rodney 
Published: November 2023

Abstract
The appointment by the Sovereign of a Prime Minister is an act done by virtue of the royal prerogative. In theory the Queen could commission anyone she pleased to form a government. But in practice such a notion is entirely removed from reality, because of course today the royal discretion is subject to several limiting factors, the most important of which is that in making an appointment she should commission that person who seems able to command a majority in the House of Commons. The other restraints are that the person chosen must be a Member of Parliament (or be about to occupy his seat as an MP after a general election), must not be a peer (unless he can disclaim his peerage under the Peerage Act 1963 and seek a seat in the House of Commons), and must usually be the elected Leader of his party. It is possible to go further than noting these limitations and to argue that, although the formal appointment of a Prime Minister 1s a prerogative act, the actual choice no longer normally lies with the Queen at all: in that sense the selection of a new Prime Minister does not depend upon any prerogative power.
Ministers and Departments
Authors: Brazier Rodney 
Published: November 2023

Abstract
The titles enjoyed by Ministers in the British government must baffle foreigners (and a few Britons). Some titles are very old and give no clue to the holders’ present ministerial responsibilities, such as the Lord Privy Seal or the Chancellor of the Duchy of Lancaster. The ministerial head of a department of state may be called a Secretary of State or (rarely, nowadays) a Minister; his deputy may occasionally have a quaint title, such as Chief Secretary to the Treasury, or Paymaster General, or he may be styled Minister of State (sometimes with an informal title as well, like Minister for Local Government); the most junior Minister in a department may be called the Parliamentary Under-Secretary of State, or simply the Parliamentary Secretary. And most ministerial styles are more of a mouthful today than they were in former times-for instance, the Minister of Defence as was is now the Secretary of State for Defence; the Parliamentary Secretary, Ministry of Health, is now the Parliamentary Under-Secretary ofState, Department of Health; and so on. Now none of this matters very much, but ministerial nomenclature requires systematic explanation if it is to be understood at all clearly.
The Opposition
Authors: Brazier Rodney 
Published: November 2023

Abstract
The main party out of power organizes itself for opposition, but the arrangements which it makes have far-reaching and perhaps unforeseen consequences for the shape and membership of its government when that party comes to power. The purpose of an Opposition is to oppose, but the Leader of the Opposition will be invited by the Prime Minister to co operate with him from time to time, and the Opposition will be expected to co-operate with Ministers daily in the conduct of parliamentary business. Such constitutional paradoxes need to be explored and explained. The constitutional rights and duties of the Leader of the Opposition and of the Opposition as a whole, the similarities and differences in the composition and functions of Conservative and Labour Shadow Cabinets, and the consequences of dispositions made in opposition for the transfer of power between one party and another, must all be analysed in order to get a complete picture of the parliamentary Opposition in the United Kingdom.
The House of Commons
Authors: Brazier Rodney 
Published: November 2023

Abstract
The maximum life of a Parliament is five years from the day, fixed at the dissolution, on which it was summoned to meet after a general election.i Parliament would be dissolved automatically on the expiry of that time, but Parliament never ends in that way: it is, of course, dissolved by the Sovereign on the Prime Minister’s advice. Only five Parliaments since 1945 have been allowed by the Prime Minister to approach the maximum span allowed by law;2 six have been terminated after some four years.3 The Prime Minister will usually bring about a dissolution in good time before the maximum duration of Parliament and at the best moment as he can judge it for his party to win: this is an unfair advantage for him, but one which the Leaders of the opposition parties in the main hope to enjoy themselves one fine day.
The Concept Of Exclusive Rights
Authors: Buendia Sierra Jose Luis , Read Andrew 
Published: November 2023

Abstract
The study of the law relating to exclusive rights as governed by the EC Treaty (Treaty of Rome as amended, which will generally be referred to in this book as 'the Treaty') requires that this concept be defined at the outset. Surprisingly, to date this task has scarcely interested jurists. Those that have studied Article 86 (formerly Article 90) have devoted little time to defining this legal concept, per-haps considering that it was unproblematic.
Article 86(1) (Formerly Article 90(1)) In Conjunction With The Treaty Rules Addressed To Member States
Authors: Buendia Sierra Jose Luis , Read Andrew 
Published: November 2023

Abstract
Article 86(1) (formerly Article 90(1)) in conjunction with the Treaty rules directed at Member States produces two different legal effects. First, it reminds Member States that they also have to respect such rules when it is a question of measures which concern or whose beneficiaries are public or privileged undertakings.1 Secondly, Article 86(1) impedes Member States from evading their obligations by shielding behind the apparently independent behaviour of their public or privileged undertakings.
The Connection Between The Different Community Provisions Applicable To Exclusive Rights
Authors: Buendia Sierra Jose Luis , Read Andrew 
Published: November 2023

Abstract
Any jurist encountering Community law for the first time who expects to find a 7.02 sophisticated system in which the connections between and the limits of the different rules of the Treaty are easy to grasp is in for a rude awakening. Concepts such as lex superior and lex specialis are, if not totally unknown, of much less importance than in national law. As a result, the task of determining which Community rule applies to a specific case is often much more complicated than might be expected.
High Tide: Mandatory Sentences, 1995-7
Authors: Windlesham Lord 
Published: November 2023

Abstract
The Conservative Party Conference in 1995 was held at Blackpool. Each Autumn the party faithful assemble in large numbers at a seaside resort, Brighton being the preferred location in the South and Blackpool in the North of England, to participate in a familiar and comfortable ritual. This is the moment for constituency workers to hear, and maybe to meet, leading members of the Parliamentary party. For an unbroken sequence of sixteen years the Conservatives had been in power. As Prime Minister until November 1990, Margaret Thatcher, and John Major after her, had deployed all their rhetorical skills in making an uplifting appeal at the end of the conference to send the delegates back to their constituencies fortified to keep the Tory flame burning bright for another year. In such speeches it was the tone, the appeal to traditional values, and the style of leadership, rather than the detailed content of government policies, that was paramount. Other ministers also concentrated on raising the spirits of the audience, a favoured tactic being to pillory the policies of the Opposition parties.
Reforms in the Criminal Process II: The Defendants
Authors: Windlesham Lord 
Published: November 2023

Abstract
Before the Access to Justice Act 1999 the defence of persons suspected or accused of criminal offences rested upon a haphazard amalgam of procedural rules, privately paid legal advice and representation, and the public financing of lawyers in private practice. The procedural rules had been developed piecemeal, primarily to ensure fair trials for defendants in court, being supplemented by various common law or statutory protections at pre-trial stages. The Judges’ Rules, for instance, dating originally from 1906, were an early example of safeguards intended to protect persons being inter viewed by police officers from self-incrimination or oppression.
Bargaining over the transfer of proprietary research tools: is this market failing or emerging?
Authors: Eisenberg* Rebecca s. 
Published: November 2023

Abstract
As intellectual property claims proliferate in rapidly advancing fields of technology, new research paths often cross the boundaries of many prior patents. Without an exemption from infringement liability,1 subsequent inno vators need licenses from multiple predecessors to pursue such research pro jects. Whether this state of affairs promotes innovation or retards it is an empirical question of considerable complexity.
The Onward March Of Intellectual Property Rights And Remedies
Authors: jacob* Hon. Sir robin 
Published: November 2023

Abstract
So said Sir George Jessel, the Master of the Rolls in 1880.1 An English copy right owner was seeking an injunction against a dealer in pirate copies of his work. To establish liability it was necessary under the then law to prove that the dealer had knowledge that the copies in which he dealt were piratical. That was the court’s robust answer.
Academia And The Bench: Toward A More Productive Dialogue
Authors: Newman* Hon. Jon 0. 
Published: November 2023

Abstract
In thinking about intellectual property issues for 20 years as a federal appel late judge, particularly copyright issues that place in tension the claims of authors and of those who advocate a broad public domain, I have been struck by the gulf that often exists between scholars writing and thinking hard about these questions and judges obliged to decide discrete controversies. Judges are a considerable distance from the factual information that most scholars have at their fingertips, such as the arcana of computer technology, and most ofus are somewhat removed from the doctrinal familiarity of intellectual property scholars.
Intellectual Property In The Courts: The Role Of The Judge
Authors: Wood* Diane p. 
Published: November 2023

Abstract
Judges are not the principal architects of intellectual property, nor are they even the principal creators of intellectual property law. What, then, do judges have to add to discussions like those we have enjoyed throughout this sym posium? Skeptics, including some on the bench, might suggest that generalist judges are at best philosopher kings, who bring little value added to the table. And yet, there is no denying the importance of the role the judiciary plays in bringing to life the type of property known as ‘intellectual’. Self-help mea sures may suffice to keep trespassers away from Blackacre, but there are few substitutes for the courts if someone needs to prevent poaching of patent rights, trade secrets, copyrights, or other forms of intangible property rights. It is therefore helpful to understand how intellectual property rights are han dled in the courts, and how advances in understanding can be carried over from the academic world and the business world to the judiciary.
Antiarrhythmic action of drugs interacting with sodium channels
Authors: Tamargo J , Delpon E , Perez O , Valenzuela C 
Published: November 2023

Abstract
Cardiac cells display a complex action potential which is generated by a sequence of ionic movements across the cell membrane. In most cardiac cells (atrial and ventricular muscle, His-Purkinje system), the rapid depolarizing phase of the cardiac action potential which supports excitability and conduction velocity result from the rapid entry of Na+ ions through voltage-sensitive Na+ channels1--4 Na+ channels are characterized by voltage-dependent activation, rapid inactivation and high selectivity for Na+ ions over other monovalent cations.
Biophysics of voltage-dependent Ca2+ channels: gating kinetics and their modulation
Authors: Carbone E , Magnelli V , Pollo A , Carabelli V , Albillos, A , Zucker H 
Published: November 2023

Abstract
Voltage-dependent Ca2+ channels represent one of the membrane pathways through which cytoplasmic Ca2+ levels are effectively regulated. As the increase of intracellular Ca2+ represents the triggering event of many biological functions, the identification of Ca2+ channel subtypes and the characterization of their gating properties has become a crucial task for understanding the genesis of cell activities (Bean 1989; Tsien et al. 1991). Regulation of Ca2+ entry through voltage-activated Ca2+ channels may occur by varying the number of functioning channels, the constraints of ion permeation through open pores, or by affecting their gating characteristics.
Cingulofrontal Interactions And The Cingulate Motor Areas
Authors: Morecraft Robert J , Tanji Jun 
Published: November 2023

Abstract
The cingulate gyrus forms a prominent part of the medial wall of the cerebral cortex. In traditional terms, it is a major component of the limbic lobe and is uniquely characterized by its vast network of interconnections with other limbic cortices, as well as with a number of multimodal association regions throughout the neocortex. Originally viewed as functioning solely within the domain of olfaction (Broca 1878), our understanding of cingulate function has steadily grown from observations following isolated brain injury and neurosurgical treatments as well as from many neuroimaging, electrophysiological, and neuroanatomical advancements. Without question, interest in the functional role of the cingulate cortex has reached epic proportions in the field of neurobiology as the list of behavioral correlates is extensive, and includes critical roles in emotional expression, pain processing, cognitive control, and spatial memory to highlight a few (Vogt et al., 1992; Devinsky et al., 1995).In recent years, many neurocognitive studies employing a combination of neuropsychological and neuroimaging methodologies have convincingly and frequently activated the cingulate and prefrontal regions in a broad range of complex and challenging behavioral paradigms. In consideration of these findings, it is not surprising that even a casual review of the neuroanatomical literature dating back to studies employing degeneration tract tracing methods, which from the present perspective would have predicted this close functional relationship based upon the powerful interconnections that link these important higher order, association areas.