bluuebunny/crossref_metadata_2025_split huggingface dataset:
Attractiveness of third party procedure for the parties involved and the procedural requirements for bringing third party proceedings in England
Authors: Takahashi Koji 
Published: November 2023

Abstract
As seen in Chapter 4, if a contribution claim has to be tried independently of the trial in another forum of the original claim, there is a risk that issues such as the existence and quantum of the contribution claimant’s liability to the original claimant will be determined inconsistently in the trial of the two claims, which may obstruct recovery on the contribution claim.
Obstruction to third party procedure caused by foreign corresponding proceedings
Authors: Takahashi Koji 
Published: November 2023

Abstract
It will be recalled that we have been considering to what extent the English court can consolidate in one action the trial of a contribution claim with the trial of the original claim by way of third party procedure in a case involving international elements. The procedural and jurisdictional requirements that must be satisfied in order to bring third party proceedings have been examined in Chapters 6 and 7 respectively. This chapter and Chapter 9 will deal with obstructions to third party procedure caused by foreign proceedings corresponding to the original or third party proceedings (this chapter) or by an arbitration agreement or a foreign jurisdiction agreement between the defendant and the third party (Chapter 9).
The application of the same law to a reimbursement claim and the original claim in a chain transaction outside the Rome Convention
Authors: Takahashi Koji 
Published: November 2023

Abstract
This chapter will deal with contracts to which the Rome Convention does not apply and address the same question as the preceding chapter, namely in what circumstances, if any, a reimbursement claim and the original claim in a chain transaction will or should be governed by the same law so that the correspondence of liability and the right of reimbursement will not be upset.
Analytical Summary
Authors: Takahashi Koji 
Published: November 2023

Abstract
This book has examined claims for contribution and reimbursement in an international context mainly from the perspective of the English courts. However, the rules applied by the English courts are, in so far as they are derived from the EC based Conventions, the same as, or very similar to, the law of other European countries. The remaining rules applied by the English courts are based on the common law and will hence be similar to those of other commonwealth countries.
Beginnings, to 325
Authors: Morris Colin 
Published: November 2023

Abstract
The Gospels leave us with a disputed picture of the presence in Jerusalem of Jesus of Nazareth. Mark, Matthew, and Luke do not define the length of his public preaching ministry: the three years traditionally assigned to it rest on a precarious deduction from the text of John. The natural meaning of the text of the first three Gospels is that the ceremonial entry by Jesus into the city a few days before the cruciflxion was his first public appearance there. Luke in particular presented the decision to go to Jerusalem as a major turning-point in the life of Jesus: ‘when the days drew near for him to be received up, he set his face to go to Jerusalem’ (Luke 9: 51).
Consequences of Constantine, 325–50
Authors: Morris Colin 
Published: November 2023

Abstract
In the course of 324, Constantine defeated the Eastern Emperor Licinius at Chrysopolis, and thus united the Roman Empire under his sole rule. Within a few months, he had given instructions for extensive work to be undertaken on the site on the eastern side of the city where Hadrian’s buildings stood. There are three major sources that describe these works, and that go back to Constantine’s own times. The earliest is a letter of Constantine to Bishop Macarius of Jerusalem, quoted by Eusebius in his Life of Constantine and datable apparently to 325–6.
Dissemination: The Spread of Interest in the Holy Sepulchre in Western Europe, 350–600
Authors: Morris Colin 
Published: November 2023

Abstract
It is a curious fact that we hear far more about visitors from the West than from the East. This can hardly be because people were not coming from other regions. We know of pilgrims from Egypt and Cappadocia, and Jerome reported their arrival even from India, Persia, and Ethiopia; John Chrysostom reported that ‘all the world comes to see the Sepulchre which has no body: some power draws those who live in the distant parts of the earth, to see where he was born, where he was buried, where he was crucifled’. Nevertheless reports from Western visitors testify to Latin interest in the Holy Land, and are more abundant than anything similar from Eastern sources.
Latin Jerusalem, 1099–1187
Authors: Morris Colin 
Published: November 2023

Abstract
The capture of Jerusalem by the First Crusade in July 1099 created much closer links than ever before between the West and the Holy Sepulchre. Within twenty-five years, Western dominance had been established over the eastern coast of the Mediterranean, and there were four principalities, of which the kingdom of Jerusalem enjoyed the greatest prestige and importance, controlled by an aristocracy predominantly Frankish or French in culture. Westerners were not at first sure what to call their conquests. They referred to the whole vast enterprise as designed to assist ‘the Asian’ or ‘the Eastern (Oriental) churches’, but this was too imprecise. They searched for other vocabulary.
Prophecy and holy men in early Islam
Authors: Robinson Chase 
Published: November 2023

Abstract
‘To vest a fellow human being with powers and claims to loyalty associated with the supernatural, and especially a human being whose claim was not rendered unchallengeable by obvious coercive powers, is a momentous decision for a society made up of small face-to-face groups to make.’ If the typology of Brown’s holy men has become considerably more complex in the last twenty years or so, their ubiquity in the Mediterranean world has stood the test of time: holy men seem to have impressed themselves on the whole of this world, settled and pastoralist communities alike. Among the latter, the Arabs of the Fertile Crescent were no strangers to Christians and their claims, having come into contact with holy men in a variety of ways: crowding around the base of saints’ towering pillars, camping at Christian shrines, gratefully receiving the curative blessings of itinerant preachers.
The Cult of Saint Thecla
Authors: Davis Stephen J 
Published: November 2023

Abstract
Thecla, a disciple of the apostle Paul, became perhaps the most celebrated female saint and 'martyr' among Christians in late antiquity. In the early church, Thecla's example was associated with the piety of women - in particular, with women's ministry and travel. Devotion to Saint Thecla quickly spread throughout the Mediterranean world: her image was painted on walls of tombs, stamped on clay flasks and oil lamps, engraved on bronze crosses and wooden combs, and even woven into textile curtains. Bringing together literary, artistic, and archaeological evidence, often for the first time, Stephen Davis here reconstructs the cult of Saint Thecla in Asia Minor and Egypt - the social practices, institutions, and artefacts that marked the lives of actual devotees. From this evidence the author shows how the cult of this female saint remained closely linked with communities of women as a source of empowerment and a cause of controversy.
Thecla Devotion Among Ascetic Women in Alexandria
Authors: Davis Stephen J 
Published: November 2023

Abstract
Seleucia in Asia Minor was the hub of the Thecla cult in late antiquity. But, at the same time, interest in the saint also spread quickly throughout the Mediterranean world. By the end of the fifth century CE, Thecla was extolled as an exem- plary virgin and martyr not only in Asia Minor, but also in Italy, Gaul, Germany, North Africa, Armenia, Cyprus, Palestine-Syria,8 and Egypt. Among these regions, Egypt seems to have been an especially fertile ground for the cult of Saint Thecla. At least as early as the fourth century , the traditions surrounding Thecla’s life became known to Egyptian writers and artists. Thecla’s name and image appear on a wide variety of media: Greek and Coptic papyri and parchment manuscripts, limestone grave stelae, wall paintings, textile fragments, wooden combs, terra cotta oil lamps, and pilgrim flasks.
Westminster: Squeezed From Above and Below
Authors: Hazell Robert 
Published: November 2023

Abstract
Even with the creation of regional assemblies and Parliaments, Westminster is likely to remain the main focus of political activity and, in the time frame we are concerned with, its core functions will not disappear. At a rhetorical level, the doctrine of parliamentary sovereignty will almost certainly endure. It has already survived 25 years of European Community (EC) membership, and was strongly reasserted by the Government in the Scottish and Human Rights White Papers. But at a practical level political power will continue to leach upwards to Europe as the European Union (EU) further extends its competence; and downward to the Scottish Parliament and devolved assemblies. This will throw into ever sharper relief the gap between the rhetoric of parliamentary sovereignty and the reality of a more pluralist system in which political power is shared between different levels of government, with Parliament being squeezed from above and below.
Intergovernmental Relations in a Devolved United Kingdom: Making Devolution Work
Authors: Cornes Richard 
Published: November 2023

Abstract
Andrew Welsh MP: ‘There will presumably be a need for co-operation between the Executive in Edinburgh and the Executive in London. One of our witnesses said that “the mechanisms which will facilitate Scottish-UK co-ordination are unclear”. Would you agree?’ This chapter sketches the outline of what will be a significant new aspect of the study of government in the United Kingdom. In federal states intergovernmental relations refers to the interactions between the component governments. The topic is a separate discipline within law and politics. In Australia intergovernmental relations have been described as:
The Constitution Of The United Kingdom
Authors: Brazier Rodney 
Published: November 2023

Abstract
This book seeks to describe and analyse the current working of British central government. It is written from the perspective of a constitutional lawyer who believes that the opinions of Ministers, civil servants, politicians, historians, and other academic writers are as helpful in divining the meaning of the British constitution as the views of those who may be learned in the law. The emphasis is placed on the organization and powers of the government, although two chapters are devoted to Parliament entirely in its own right (rather than as just an adjunct through which governments achieve and retain their authority), and a final chapter considers the constitutional position of the judiciary. As the book is concerned with constitutional and political issues affecting central government, not with detailed administration, the organization of the civil service is omitted.
The Transfer of Power
Authors: Brazier Rodney 
Published: November 2023

Abstract
Before a new Prime Minister or government can take office the outgoing Prime Minister or administration must resign. Such resignations will arise in one of a number of ways. First, if a government is unambiguously defeated at a general election and one opposition party is returned with a majority of seats in the new House of Commons,’ the modern practice is for that government to resign without waiting to meet Parliament. Secondly, a Prime Minister may be forced to quit through illness or old age, or may die in office; or he may voluntarily decide to retire, or he may lose a party Leadership election, there being no question of a change in the party in power. In the last 45 years the Churchill, Eden, Macmillan, Wilson and Thatcher administrations have ended in that way.
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Constitutional Monarchy
Authors: Brazier Rodney 
Published: November 2023

Abstract
The Queen is a symbol of national identity, a focal point of national loyalty, transcending political partisan rivalry. She personifies the state and the nation, their history and continuity. Coronations, royal weddings and funerals, and an investiture of a Prince of Wales are great national occasions. The Queen is also the supreme governor of the Church of England and an exemplar of family life. Wide legal powers are vested m the Queen or Her Majesty in Council. A great many formal acts have to be done by her in a traditional manner and require her personal signature or approval. She also presides at Privy Council meetings and reads the Queen’s Speech at the opening of each new Parliament or parliamentary session. She receives letters of credence from ambassadors and Commonwealth High Commissioners, receives homage from new bishops, and holds some two hundred formal audiences each year.
The House of Lords
Authors: Brazier Rodney 
Published: November 2023

Abstract
At the time of writing the composition of the House of Lords faces radical change. The Labour government has a manifesto commitment to exclude hereditary peers from membership as the first stage towards creating a more democratic second chamber. At the moment, however, membership of the House of Lords consists of the Prince of Wales, hereditary peers, life peers, the Lords Spiritual and the Lords of Appeal in Ordinary. In 1998 there were 767 hereditary peers (including 20 hereditary peeresses) and some 500 life peers (of whom only 88 were women): that potential membership of over 1200 made it easily the largest chamber in any bicameral parliament in the developed world. The hereditary peerage is divided both by rank and by country of origin. Senior by rank are dukes (28 in 1998), followed by marquesses (34), earls (169, plus five countesses in their own right),
The Constitutional Position Of The Judges
Authors: Brazier Rodney 
Published: November 2023

Abstract
In this chapter the constitutional position of all ranks of the judiciary will be explained. The rights and powers of judges, Ministers, and Parliament in relation to each other are not ideal. The extensive powers of two Mimsters over the judiciary are not entirely desirable: in particular, the personal role of the Lord Chancellor is crucial in the appointment, pro motion, and removal of judges. Governments place judges firmly into political questions by using them in extra-judicial inquiries more than is really necessary; conversely, governments have acquiesced in over restrictive parliamentary rules which prevent MPs from adequately discussing the administration of justice and other judicial matters. Behind most of these issues is the question whether there should be reform of the office of Lord Chancellor, possibly involving the creation of a new Department of Law.
Differentiation Between Exclusive Rights and Other Related Concepts
Authors: Buendia Sierra Jose Luis , Read Andrew 
Published: November 2023

Abstract
The concept of special rights referred to in Article 86(1) (formerly Article 90(1)) is one of the most obscure in the Treaty. For a long time it was not even clear whether special rights and exclusive rights were the same thing or not.1 When the Commission had to tackle the question of special rights academic writings offered no solid conclusions and there was no decided case law on the point.
Article 86(1) (Formerly Article 90(1) In Conjunction With The Treaty Rules Addressed To Undertakings
Authors: Buendia Sierra Jose Luis , Read Andrew 
Published: November 2023

Abstract
Article 86(1) (formerly Article 90(1)) is not limited to reminding Member States 5.01 that the prohibitions which the Treaty imposes on them must also be respected as regards public and privileged undertakings. In addition, it also prohibits Member States from adopting or maintaining measures contrary to Articles 81 and 82 (for-merly Articles 85 and 86) of the Treaty, rules which, in principle, are directed at undertakings and not at public authorities.
Change And Continuity
Authors: Gummow W M C 
Published: November 2023

Abstract
This volume is based closely on the lectures delivered by The Hon. Justice W. M. C. Gummow at Oxford University in 1999 as part of the Clarendon law lectures series, sponsored by Oxford University Press. These lectures take up themes of continuity and change in the law, particularly as they appear in the great common law jurisdictions. The tension between continuity and change appears from a consideration of the interaction between statute and the case law which interprets it, of the interaction between equity and statute, and finally of the operation of that constitutional arrangement known as federalism. Statute speaks to the state of affairs at the time of enactment. That state of affairs is dynamic; the statute, at least in form, is static. Conversely, in its development the common law may be informed by changes effected by statute. The extent to which the common law may or should respond in this way is a matter of controversy. Further, the accommodation of an apparently rigid statutory structure to individual circumstances has, for centuries, been assisted by the leavening effect of equitable doctrines and remedies. Finally, in federal systems with a division of governmental power and authority by a written supreme law, tensions between continuity, perceived in terms of original intent, and changed circumstances which were unforeseen, may become acute. Is Britain in the process of becoming a federal state or, indeed, a component of a European federal state? In all these situations, the doctrines developed by the courts assist the passage of society from the past, through the present and into the future. This invites an inquiry, considered in these lectures, as to the requirements of legal scholarship in a court of ultimate appeal in a common law system.
Reforms in the Criminal Process I: The Crown Prosecution Service
Authors: Windlesham Lord 
Published: November 2023

Abstract
The practice of separating the functions of investigating and prosecuting criminal offences is not embedded in any legal principle or procedure. It belongs to a larger complex of law and political decision making characterized by priorities shifting constantly between protecting the general public from the harmful consequences of criminal offending, and safeguarding the civil rights of persons suspected or accused of having committed criminal offences. There is no fixed relationship or coherent balance between the two: they are horses that need to be driven abreast. If one gets too far ahead of the other, the stability of any vehicle to which they are harnessed will be imperilled. Until the Prosecution of Offences Act 1985 the police were not only responsible for investigating most criminal offences, but in a large number of cases they also decided on whether to prosecute following their investigation, and conducted the process of prosecution when a decision to prosecute had been made. Many prosecutions for minor offences, including the majority of motoring offences, were conducted throughout by police officers who thus appeared as advocates in the Magistrates’ courts.
Reforms in the Criminal Process III: Mode of Trial
Authors: Windlesham Lord 
Published: November 2023

Abstract
An authoritative account of the methods used by the Labour leader ship to refashion the Party and win the 1997 General Election with such an overwhelming majority was noted in an earlier Chapter. The title chosen by its author, Philip Gould, was ‘The Unfinished Revolution’. The book argued that the process of modernisation must not stop with the election victory. The links so laboriously built up connecting the leadership with its electoral supporters should not be allowed to fall into disuse. To the surprise of many veteran politicians and commentators, who had heard this sort of thing before seeing governments, weighed down by the compelling pressures of public business, becoming more and more remote, Tony Blair in office not only kept a watchful eye on fluctuations in public opinion towards the Labour administration, but continued to woo the electorate with the same zeal as he had shown in Opposition.
Self-Help In The Digital Jungle
Authors: Dam* Kenneth w. 
Published: November 2023

Abstract
A word about my title: ‘Digital Jungle’ is designed to evoke a content provider’s perspective on the dangers to be run in putting valuable content on the Internet. ‘Self-help’ refers to an expanding set of technologies and systems designed to protect content from unauthorized copying and to facilitate elec tronic commerce involving content. I use ‘content’ broadly to include text, data, images, audio, video, and all of the other media that patrons of the Web are familiar with.
Competition To Innovate: Strategies For Proper Antitrust Assessments
Authors: desanti Susan , cohen* william 
Published: November 2023

Abstract
Innovation is enormously important to the increased productivity and global competitiveness of US companies and to economic growth in general.1 Consequently, competition policymakers and enforcers in recent decades have consistently emphasized the importance of not impairing the incentives of firms to innovate. At the same time, increasing claims of anticompetitive conduct designed to dampen innovation competition have required antitrust.
Multi-Tier Custody
Authors: Austen-Peters A O 
Published: November 2023

Abstract
This chapter examines the impact of the introduction of a chain of sub-custodians between the investor and ‘his ‘ securities on the interest enjoyed by an investor with assets held in custody. Perhaps the most important reasons for the establishment of such a chain are the fact that much investment is now crossborder or immobilised, which may necessitate the employment of sub-custodians if the investor uses a global custodian. In view of this, it is likely that it is the analysis in this chapter that will best illustrate the nature of a typical investor ‘s claim.
Breach Of Duty
Authors: Austen-Peters A O 
Published: November 2023

Abstract
This chapter considers the implications of breach of duty by a custodian under general law and examines some of the criteria that an investor would need to satisfy to obtain redress. It has been suggested that the cost and complexity of these types of action constitute one of the motives for enacting financial services regulation, not least to provide alternative avenues of recovery. The avenues for redress under regulation are examined in the chapter on regulation.
Cross-Border Custody
Authors: Austen-Peters A O 
Published: November 2023

Abstract
The assumption in the foregoing chapters that the parties and assets under consideration are based in England makes for a clearer exposition of the principles underpinning the custody of investments, but such a scenario will often not obtain in practice. Modern investment is increasingly cross-border.1 A single transaction or investment structure may bring together an investor in one country, tiers of intermediary custodians in other countries and an underlying asset in yet another country. On these facts, the laws of a number of different countries may be relevant to the nature of rights of the ultimate beneficiary and to transactions involving custody assets.
The Policy of Reduction
Authors: Lewis Richard 
Published: November 2023

Abstract
Although the policy of reduction reduces damages by the amount of benefit received, it does not require the collateral source to be reimbursed. Therefore, from a defendant’s point of view, reduction is the most favourable of the three solutions to the policy questions posed at the beginning of this book. Defendants not only pay less money to claimants but they also avoid paying anything to the collateral sources. From a public policy viewpoint this solution appears on the surface to be the least attractive of the three. The wrongdoer seems to be subsidised at the expense of the Good Samaritan and this offends our sense of morality.