bluuebunny/crossref_metadata_2025_split huggingface dataset:
Precedent and Legal Theory
Authors: Cross Rupert , Harris J W 
Published: November 2023

Abstract
The English doctrine of precedent raises problems in relation to any proposed definition of law. For the purposes of the present discussion, these problems can, in the main, be reduced to two questions; (i) Does the proposed definition include the rationes decidendi of cases as well as the contents of legislation? (ii) Does the proposed definition include the rules which confer authority on the ratio decidendi of a case, i.e. the rules by virtue of which a particular ratio has the force of law? If the answer to the first question is in the negative, the definition must be rejected in so far as it purports to be applicable to the English legal system. No lawyer would hesitate to say that the rule in Rylands v. Fletcher is just as much a rule of English law as the statutory requirement that a will must be signed by two witnesses. It is perhaps more doubtful whether the proposed definition of law would have to be rejected if the answer to the second question were in the negative. There is a difference between a rule which constitutes or is derived from a ratio decidendi and a rule conferring authority on that ratio decidendi, just as there is a difference between a rule based on the contents of a statute and a rule conferring authority on that statute. It could be maintained that the difference is sufficiently great to justify the exclusion of the second type of rule from the definition of law.
The Family Gender; and Social Security
Authors: Douglas Gillian 
Published: November 2023

Abstract
The social security system since the Beveridge Planhas shown ambivalence and uncertainty in its treatment of the family and of women and children. As Ogus, Barendt, and Wikeley comment, ‘family provision has developed on the periphery of the mainstream social security schemes’.This stems from underlying assumptions about the role of women and the place of the family within the social structure. The keys to these assumptions are the patriarchal ideology of the traditional family and the liberal creation of a private sphere-the family-within which women and children are confined.
Social Security and Industrial Injury
Authors: Jones Stephen 
Published: November 2023

Abstract
Disablement caused by accidents or disease arising out of and in the course of employed earner’s employment has, by virtue of the social security industrial injuries support it attracts, enjoyed an historical preference and a unique position in the sys tem of social security which has developed over the past one hundred years. There are currently four benefits which reflect that preference. The first and most important is disablement benefit.This provides compensation by means of a weekly pension related to the percentage degree of disablement suffered by the claimant. The next two, which take the form of additions to disablement benefit, are the increases in respect of constant attendanceand exceptionally severe disablementwhich are payable only to those claimants who are 100 per cent disabled and have significant care needs.
Fiduciary Obligations and Fiduciary Powers-Where Are We Going?
Authors: Harpum Charles 
Published: November 2023

Abstract
If we ask ‘ why do we characterize particular relationships as fiduciary whether as a general category or on an ad hocbasis?’, and are told by way of reply that ‘it is to impose on one of the parties to the relationship, and to enable the other to enforce, one or more of those obligations that are characteristic of a fiduciary’, we are very little the wiser. As Lord Browne Wilkinson has recently warned, ‘[t]he phrase “fiduciary duties” is a dangerous one, giving rise to a mistaken assumption that all fiduciaries owe the same duties in all circumstances. That is not the case.’1 The leading authority in the Commonwealth on fiduciaries, Paul Finn J, has expressed the sentiment with perhaps even greater bluntness: ‘[i]t is pointless to describe a person-or for that matter a power-as being fiduciary unless at the same time it is said for the purposes of which particular rules and principles that description is being used. These rules are everything. The description “fiduciary”, nothing. By way of illustration, the range of fiduciary obligations that fall within the umbrella of “trusteeship’ can be very variable. Four examples may be taken to demonstrate this.
The Advance of IT
Authors: Susskind Richard 
Published: November 2023

Abstract
If the law, lawyers, and justice are having something of a rough time, IT (by which I mean, broadly, computers and telecommunications) may be thought to be on a veritable roll. The commercial world, public service, and the lives of individual citizens are being transformed by technology. Even allowing for the hype-and exaggeration is rife-the information revolution does look set to exert as much if not more fundamental upheaval than its industrial counterpart of 200 years ago. For this reason, when I pause to reflect upon it, I consider myself immensely fortunate to be living in a time of such rapid technological progress: in but a few decades, we will see technical and social change of a magnitude barely paralleled in history.
Enabling Techniques
Authors: Susskind Richard 
Published: November 2023

Abstract
I must confess to having been hesitant about including this chapter in the book. It is about the various techniques of IT which I believe will enable lawyers and others to benefit from the applications discussed in Chapter Five. The techniques which I introduce now (summarized in Figure 4.1) will, in my view, be at the heart of the IT which will improve and change the practice of law and the administration of justice. The question of how these techniques will be used in practice is deferred until later (in Chapters Five and Six).
Introduction
Authors: Bishop Matthew , Kay John , Mayer Colin 
Published: November 2023

Abstract
The last decade has witnessed the introduction of an elaborate system of regulation in the UK. In part this has been an adjunct to the privatisation programme which is the subject of the companion volume, Privatization and Economic Performance, in this series. However, in some areas, most notably financial services, regulation has been introduced where little or none previously existed. Whole segments of British industry are now operating under the supervision of regulatory bodies whose powers and importance are not dissimilar from those of the government departments which they were designed to replace. This introduction evaluates the UK’s programme of regulatory reform in the utilities and financial services. It describes the motivation behind establishing regulatory organizations, the function that they perform, and the way in which they operate. It considers the reasons why regulation is needed in privatized companies, the scope of regulation in the UK and the form that it has taken. It then considers the performance of regulation in the UK. It discusses the advantages of the combination of privatization and independent regulation over state ownership and the problems that have been encountered.
Reforming the NHS
Authors: Maynard Alan 
Published: November 2023

Abstract
The problems that characterize the performance of health-care systems are very similar despite great differences in their structure and level of funding. In all health-care systems there is a failure to define the nature of the problems that precipitate the political decision to reform, in particular cost inflation, unproven and probably inefficient resource use and inequity, and a reluctance to target policy changes to facilitate the resolution of these problems. This was evident in the 1989 reforms of the British NHS: the government failed to define clearly what the problems were that initiated the reform process and the selection of remedies was poorly targeted and proved difficult to implement and maintain. What are the problems the British reforms sought to address and did the development of ‘competition’ in health-care markets improve the efficiency of resource allocation in the UK National Health Service?
Modified Regulation of Telecommunications and the Public-interest Standard
Authors: Baumol William J 
Published: November 2023

Abstract
The costs of regulation are well known and are an unavoidable part of the process. Its most obvious burdens are, of course, the record-keeping, reporting, and other social administrative tasks that it must impose upon the regulated firm. In addition, regulation brings with it the heavy costs of the delays to which it subjects the decision process, preventing the rapid responses to evolving market developments that efficiency and competitiveness require. Probably equally serious are the artificial prices imposed and the resulting distortion of the incentives for efficiency.
Privatization Policies and Public Enterprise: A Survey
Authors: Domberger Simon , Piggott John 
Published: November 2023

Abstract
In recent times, government policies involving the transfer of assets or activities from the public to the private sector have become prominent in the policy debate. ‘Privatization’, as this process has come to be called, is inevitably associated with the desire for ‘smaller’ government, and is thus a politically charged term. There is, however, a growing body of analytic and empirical research which explores privatization from a more or less dispassionate perspective, and which is already providing insights into the economic impacts of the process.
Recent Patterns of European Merger Activity
Authors: Geroski* Paul , Vlassopoulos† Anastassios 
Published: November 2023

Abstract
There is widespread agreement with the view that the full potential of the internal European market has yet to be realized. Many politicians and business people think that industrial restructuring through merger may be an important part of the process of change brought about by completing the internal market in and after 1992. European enterprises are thought to have been held back from fully exploiting scale economies by the limited size of their own national markets and, as a consequence, are too small to be competitive in world markets. The solution, it is thought, is the development of competitive advantage achieved through the enhanced cost efficiency that rationalization may bring, and merger is one way to realize these scale-related benefits. Our goal in this chapter is to describe merger activity both within Europe and between Europe and the USA, tracing patterns of activity from the early 1980s when the promise of a single European market began to be taken seriously. The data suggest that cross-border merger activity is a very modest proportion of total merger activity and that most cross-border mergers take place across the Atlantic. On the whole, it is difficult to see such a pattern of merger activity as being consistent with a rational response to the opportunities opened up by 1992.
Introduction And Overview
Authors: Buckley Peter , Michie Jonathan 
Published: November 2023

Abstract
The literature contained and reviewed in this volume represents a strand of intellectual endeavour that has a broad relevance. The concepts it raises have widespread applications, particularly to business behaviour and the planning of corporate strategy. The practical scope of its application covers:
This extensive list suggests that this volume should be of interest not only to those academics, practitioners, and students who define themselves as economists, but also to those involved with corporate planning, business strategy, international business, organizational behaviour, human resource management, finance, and accountancy. Many of these readings are suitable for MBA courses and modules for which students need to display a fundamental grasp of key concepts.
The Equilibrium Of the Firm
Authors: Kaldor Nicholas 
Published: November 2023

Abstract
The exploration of the conditions of equilibrium of the individual firm has in recent times occupied to an increasing degree the attention of economists. This, as should be evident, was a necessary development of the so-called ‘particular equilibrium’ method of analysis developed by Marshall and especially of the conception of the ‘supply-curve’: the postulation of a definite functional relationship between price and rate of supply in the various industries. The latter, though an integral part of the Marshallian system, was by no means such a straightforward self-evident conception as its counterpart, the demand curve. The reasons for this asymmetry are not far to seek. The assumption that buyers respond to price stimuli in a definite and unequivocal manner (which is all that the demand curve implies) can be deduced from the general proposition that they have a definite system of wants and act in accordance with it; that is to say, it can be directly derived from the general postulates of the subjective theory of value. But the assumption that sellers do the same is a much more complex affair-at any rate in a world where production is carried on on a co-operative basis.
Organization : New Concepts For New Forms
Authors: Miles Raymond E , Snow Charles C 
Published: November 2023

Abstract
These are turbulent times in the world of organizations. Following a decade of declining productivity and failed organizations, many US companies in the eighties have been forced to rethink their competitive approaches. Rapid technological change, as well as shifting patterns of international trade and competition, have put intense strain on these organizations’ ability to keep pace with a set of new and often unpredictable competitors. One prominent executive, describing the current business landscape, says, ‘Not only is it a competitive jungle out there, new beasts are roaming around that we can’t even identify’.
The Adverse Selection Problem
Authors: Macho-Stadler Ines , Perez-Castrillo J David , Watt Richard 
Published: November 2023

Abstract
In this chapter we study the adverse selection problem, which is present when, before the signing of a contract, the party that establishes the conditions of the contract (the principal) has less information than the other party (the agent) on some important characteristics affecting the value of the contract. In a simple adverse selection framework, with one principal and one agent, the fundamental conclusions obtained from the analysis are the following. First, it is optimal for the principal to offer a self-selecting ‘menu’ of contracts, i.e. the principal will prepare a contract format for each possible agent type, establishing terms such that each agent type will choose to sign that contract that was designed for his type. Secondly, within the optimal contract menu, the worst agent (that agent who, given his private characteristics is not interested in passing himself off as some other type), will obtain exactly his reservation utility, while all other agent types will achieve an informational rent. Finally, the only efficient contract will be that designed for, and signed by, the best agent (that agent type for which no other agent types wish to pass themselves off), since the other contracts will be distorted in order to limit the informational rent.
Motives
Authors: Child John , Faulkner David 
Published: November 2023

Abstract
People have cooperated since the time that evolution enabled them to make decisions and take actions (Ridley 1996). They have also competed and sometimes fought each other to the death. It is important in any examination of cooperative strategy to isolate the conditions that make cooperation more likely; in other words, the motives for cooperation. This chapter examines some of the more salient of these motives.
Culture
Authors: Child John , Faulkner David 
Published: November 2023

Abstract
This chapter examines the ways in which culture can impact upon the implementation of cooperative strategies. H shows how culture can create barriers to collaboration between organizations, and yet how, at the same time, the knowledge embodied in cultures can provide a valuable resource for an alliance. We ask what culture is, why it is relevant for cooperative strategy, what specific consequences culture can have, what policy options there are for managing cultural diversity within alliances, and how cultural fit can be achieved.
The Management of New Product Development
Authors: Dodgson Mark 
Published: November 2023

Abstract
One of the primary aims of companies’ investment in research and development (R & D) is to produce new and improved products. As we saw in the previous chapter, the results from R & D investment can be intangible. They may, for example, increase the understanding of scientific principles underpinning a company’s products, and can provide options for the future through the creation of intellectual property rights (IPR). They may improve the company’s ability to manufacture new products. The major aim of corporate R & D, however, is to combine technological and market opportunities to produce differentiated goods and information (new and improved products and services) that convey competitive advantages. These products can be sold or licensed for royalty income.
The Cornerstones of Competitive Advantage: A Resource-Based View
Authors: Peteraf Margaret A 
Published: November 2023

Abstract
In recent years, a model of how firms compete, which is unique to the field of strategic management, has begun to emerge. Known as the ‘Resource-Based View’, it is regarded by some as having momentous potential as a paradigm for our field. Others wonder whether this emergent model provides much additional insight over traditional understandings. Admittedly, resource-based work is consistent with and rooted squarely in the policy research tradition. The notion that firms are fundamentally heterogeneous, in terms of their resources and internal capabilities, has long been at the heart of the field of strategic management. The classic approach to strategy formulation, for example, begins with an appraisal of organizational competencies and resources (Andrews, 1971). Those which are distinctive or superior relative to those of rivals, may become the basis for competitive advantage if they are matched appropriately to environmental opportunities (Andrews, 1971; Thompson and Strickland, 1990).
What is borderline personality disorder?
Authors: Krawitz Roy , Jackson Wendy 
Published: November 2023

Abstract
BPD is a recognizable real condition that deserves attention and treatment. BPD is a term given to a condition with a collection of features. To meet diagnostic criteria for BPD you will need to have five or more of the listed features in the DSM-IV criteria. Whether you choose to call your condition BPD or not, is not important. Diagnosis can serve as a guide to effective and compassionate treatment. Alternative names for the collection of features that we call BPD exist. We have adapted the formal technical diagnostic criteria used by professionals into a series of questions using common use language. If you are wondering whether you might have BPD, ask yourself the questions in Table 3.1.
Strategy, knowledge, appropriation, and ethics in HRM
Authors: Kamoche Ken 
Published: November 2023

Abstract
Are people valuable to the organization? Do they add value? Do they constitute a strategic asset? These are some of the questions that have shaped the HRM debate particularly in the last decade or so. They are important questions, and the associated debate has spawned an extensive literature which continues to bring us closer to understanding what it really means to manage people (Kamoche 2001; Legge 1995; Mabey, Salaman, and Storey 1998; Storey 1992). The interpretations of what is really happening in HRM range from the sceptical and cynical to the optimistic and laudatory.
Direct Compositionality and Variable-Free Semantics: The Case of “Principle B” Effects
Authors: Jacobson Pauline 
Published: November 2023

Abstract
This study starts from the premise that the hypothesis of direct compositionality (DC) is the simplest among current competing hypotheses as to the organization of the grammar, and so should be rejected only in the face of strong evidence to the contrary. The plot of this paper, therefore, is as follows. First I discuss the fact that under at least a reasonably strong version of direct compositionality, we would not expect to find constraints on non (strictly) local chunks of representations (especially constraints which ultimately affect the possible range of interpretations of some sentences). For under a strong version of direct compositionality, the grammar has no way to state such constraints.
Jurisdiction Based on Subject-Matter Connection with England
Authors: James Michael 
Published: November 2023

Abstract
The jurisdiction of the English courts can often be based on a connection between the subject-matter of a case and England. Thus, the English courts (probably)have jurisdiction over a claim by an English consumer against a supplier domiciled in a Member State of the EU in respect of an internet purchase made on a website accessed in England. Numerous other types of connection will suffice, as set out below by reference to different categories of case. If the defendant is domiciled in an EU Member Stateor Lugano State, the Judgments Regulation or other similar European instrument will generally determine what connection is required to give the English courts jurisdiction.
Issuing and Serving Proceedings
Authors: James Michael 
Published: November 2023

Abstract
There is a fundamental distinction between proceedings where jurisdiction is derived from one of the European jurisdiction regimes (that is the Judgments Regulation, the Modified Regulation, the Lugano or Brussels Conventions) and proceedings where jurisdiction is based on the traditional rules. CPR, rr 6.32–6.34 apply where jurisdiction is based on the European regimes. They provide that the proceedings can be served out of the jurisdiction without permission, but a notice setting out the basis for the court’s jurisdiction must be filed and served with the claim form.
Challenging Service and Jurisdiction
Authors: James Michael 
Published: November 2023

Abstract
The complex rules for service of the claim form, and other documents, are set out in chapter 9. As explained above, they are particularly difficult with respect to service abroad, in part because the law of the place of service has to be taken into account. The pitfalls for the claimant and the opportunities for the defendant are numerous. If service is not effected in accordance with the rules, it may be set aside. At best, the claimant will merely have to go through the hoops again, this time getting the procedure right. However, the problem may be irremediable, and it may not be possible to pursue the claim in England. It may now be time barred, or the courts in a foreign jurisdiction may have acquired priority.
Interim Remedies
Authors: James Michael 
Published: November 2023

Abstract
When a case has a foreign aspect, the usual interim remedies such as summary judgment, interim payment, interim injunctions, and freezing orders will potentially be available. Sometimes the foreign element will not affect the remedy. In other cases, it will have an impact on whether the remedy is granted or in what form. It may be possible to obtain a remedy of this type from a foreign court in order to assist the English proceeding see by freezing assets in a foreign country. Finally, if there are proceedings in a foreign country, interim remedies may be available in the English courts to assist, or impede, those proceedings.