bluuebunny/crossref_metadata_2025_split huggingface dataset:
Pension Rights Where There Is A Tupe Transfer
Authors: Hyams Oliver 
Published: November 2023

Abstract
This chapter is mainly concerned with the obligations of a TUPE transferee in relation to the pensions (if any) of employees who transfer to the transferee’s employment under the TUPE transfer in question. The position in that regard is now governed by sections 257 and 258 of the Pensions Act 2004 and the Transfer of Employment (Pension Protection) Regulations 2005. Until those provisions were enacted, there was no obligation imposed on a TUPE transferee to provide any sort of pension for transferred employees. The only means by which it could credibly be argued that there was such an obligation was by relying on the predecessor to regulation 4(9) of TUPE. Now, such reliance is speciﬁcally precluded, by regulation 10(3) of TUPE.
Property and Obligation
Authors: Yeo Tm 
Published: November 2023

Abstract
Where the relevant equitable doctrines raise substantive choice of law 5.01 issues that are not subject to the exceptional application of the law of the forum, the next question is how they fit into the choice of law categories. At the most basic level, the categories of property and obligations may be considered. Section II discusses and adopts the fundamental distinction between property and obligation for choice of law analysis. Section III analyses how the distinction between property and obligation in domestic equitable principles may affect choice of law analysis. This issue will be considered primarily from the perspective of claims known to the domes­ tic equity of English and Commonwealth jurisdictions, as it is in these claims that it is most difficult to distinguish between their property and obligation aspects.
Restitution and Unjust Enrichment
Authors: Yeo Tm 
Published: November 2023

Abstract
This chapter considers claims and issues involving equitable doctrines that may be characterized as restitutionary in the conflict of laws. Given the present uncertainty in the choice of law rules for restitutionary claims and issues, due in part to the uncertain scope and definition of the subject within domestic legal systems,1 the purpose of this chapter is the modest one of demonstrating how certain claims or issues involving equitable principles may (or may not) be characterized within the choice of law category for restitutionary claims. It does not attempt to resolve what are undoubtedly important debates in internal law about the scope of the law of unjust enrichment and the appropriate role of equity within that sub­ ject. It is also not the purpose of this chapter to endeavour to resolve the equally significant debates on what should be the correct choice of law rules for claims characterized as restitutionary.
The Firms that Feed Industrial Districts: a Return to the Italian Source
Authors: Lazerson Mark H , Lorenzoni Gianni 
Published: November 2023

Abstract
A century ago, Alfred Marshall ‘s (1923) encounter with the spatially clustered agglomerations of small firms in Lancashire ‘s cotton and Sheffield ‘s cutlery industries inspired him to coin the term industrial district. Today, the industrial district has once again become a central framework for conceptualizing economic and social action. Economists and geographers have shown how local-firm agglomerations generate external economic efficiencies by supporting both large and stable markets in labor skills and equipment and cheaper subsidiary trades and related services, and promote greater use and development of specialized machinery and organizational methods (Romer 1987; Storper and Scott 1989; Krugman 1991).
Introduction: Professor Bleent, the Floon Beetle, and Organizational Epistemology
Authors: Tsoukas Haridimos 
Published: November 2023

Abstract
We are actually at the beginning of a new scientific era. We are observing the birth of a science that is no longer limited to idealized and simplified situations but reflects the complexity of the real world, a science that views us and our creativity as part of a fundamental trend present at all levels of nature Our first intellectual obligation is to abandon the Myth of Stability that played so large a part in the Modern age: only thus can we heal the wounds inflicted on Reason by the seventeenth-century obsession with Rationality, and give back to Reasonableness the equal treatment of which it was for so long deprived [⃛ ] The ideals of practical thinkers are more realistic than the optimistic daydreams of simple-minded calculators, who ignore the complexities of real life, or the pessimistic nightmares of their critics, who find these complexities a source of despair Alongside [⃛ ] the experience of repetition, humans have a second experience, that of creativity.
Forms of Knowledge and Forms of Life in Organized Contexts
Authors: Tsoukas Haridimos 
Published: November 2023

Abstract
MAINSTREAM organization and management studies (OMS) has historically been antagonistic towards the lay knowledge organizational members possess. One of OMS’s foundational assumptions has been that the management of people in organizations will be more effective the more lay knowledge is displaced by social scientific precepts. It has also been assumed that the body of formal knowledge necessary to enable this is increasingly becoming available from OMS, as the discipline of the social sciences dealing with the human aspects of organizing and managing (see Donaldson 1985; Lupton 1983; Pinder and Bourgeois 1982; Simon 1957 [1976]; Thompson 1956-7).
Understanding Social Reforms: A Conceptual Analysis
Authors: Tsoukas Haridimos , Papoulias Demetrios B 
Published: November 2023

Abstract
In this chapter it is our aim to expand on this claim and examine why and how a coherent socio-economic philosophy (or discourse) plays such a significant role in the management of social reforms. Our goal is set within the broader context of rethinking the texture of policy-making in the light of recent developments in systems theory, philosophy, and organization theory. Our focus is primarily conceptual: we both provide an explanation of the difficulties often encountered in pushing through social reforms and offer some generic suggestions as to how such difficulties might be over come.
On Organizational Becoming: Rethinking Organizational Change
Authors: Tsoukas Haridimos , Chia Robert 
Published: November 2023

Abstract
The point is that usually we look at change but we do not see it. We speak of change, but we do not think about it. We say that change exists, that everything changes, that change is the very law of things: yes, we say it and we repeat it; but those are only words, and we reason and philosophize as though change did not exist. In order to think change and see it, there is a whole veil of prejudices to brush aside, some of them artificial, created by philosophical speculation, the others natural to common sense.
What is Organizational Foresight and How can it be Developed?
Authors: Tsoukas Haridimos 
Published: November 2023

Abstract
Deliberation is irrational in the degree in which an end is so fixed, a passion or interest so absorbing, that the foresight of consequences is warped to include only what furthers execution of its predetermined bias. Deliberation is rational in the degree in which forethought flexibly remakes old aims and habits, institutes perception and love of new ends and acts (John Dewey 1988: 138) The dominance of retrospect in sensemaking is a major reason why students of sensemaking find forecasting, contingency planning, strategic planning, and other magical probes into the future wasteful and misleading if they are decoupled from reflective action and history (Karl E. Weick 1995: 30) Management is historically taken to be about effecting and managing closure: buffering the organization so that uncertainty is minimized, external dependencies are reduced, and, thus, closure is achieved (Thompson 1967).
Introduction
Authors: Griffiths Jonathan , Suthersanen Uma 
Published: November 2023

Abstract
Copyright allows right-holders to restrict access to a wide range of forms of expression, including works of literature, paintings, and music. At the same time, it serves as an ‘engine of free expression’ by providing shelter for independent creation. It has the potential both to promote and to restrict free speech. Until the mid-1990s, this tension between copyright and free speech was relatively unexplored. Indeed, until recently, it was widely assumed within the ‘copyright community’ that the two rights had nothing to do with one another. However, recent developments in copyright law, coupled with an increased appreciation of the effect of fundamental rights in the sphere of private law, have altered this assumption. In numerous jurisdictions, courts have been faced with disputes raising fundamental questions concerning copyright and free speech.
Copyright, The Public Interest, and Freedom of Speech: A Uk Copyright Lawyer’s Perspective
Authors: Dworkin Gerald 
Published: November 2023

Abstract
The traditional approach of most UK copyright lawyers and courts to the relationship between copyright, the public interest, and free speech was simple: copyright confers certain statutory exclusive rights upon the copy- right owner, including the right to prevent copying the whole or a substantial part of a work; the only exceptions or limitations to the copyright owners’ For further exploration of the relationship, see G Davies, Copyright and the Public Interest When this conflict is examined today in Canada, and especially from a Quebec perspective, one is immediately confronted with the federal nature of the country.
Copyright and freedom of political communication In australia
Authors: Burrell Robert , Stellios James 
Published: November 2023

Abstract
As in many other jurisdictions, the relationship between copyright and free-dam of expression has historically received little attention in Australia. However, as elsewhere, this is beginning to change as commentators who are concerned about the expansion of copyright seek to find a language with general resonance with which to critique the current Australian copyright regime. The position in Australia is complicated, however, by a constitutional framework that guarantees a limited, but still evolving, ‘freedom of political communication’. Consequently, when considering the relationship between copyright and freedom of expression in Australia, it is important to distinguish.
Cautious Curiosity: Legacies of a Jesuit Scientific Education in Seventeenth-century France
Authors: Shelford April G 
Published: November 2023

Abstract
In November 1660, Pierre-Daniel Huet (1630-1721) wrote a former teacher with momentous news: He had decisively broken with the Aristotelian science taught him at the Jesuit collége in his native Caen. While the Greek philosopher had skillfully revealed an abundance of nature’s secrets, he had ‘prated idly’ about physics, and his ‘sub– stantial forms’ were incomprehensible. The atoms of Democritus and Epicurus were a far more satisfying physical principle: ‘All things certainly have their origins in atoms, and thus are [destroyed] when resolved into them’. Nevertheless, Huet embraced this new physics (for him, at least) with some caution: He would not ‘adhere to this opinion as ifto a sacrament’; he accepted the atom as ‘most probable, not as certain’. Thus he tempered his Epicurean enthusiasm with a Sceptic’s coolness.
Historians and Anachronisms: Samuel E. Morison and Seventeenth-Century Harvard College
Authors: Sletcher Michael 
Published: November 2023

Abstract
On May 2, 1636, Captain Endicott of Salem, Massachusetts, brought forth a motion on behalf of Mr. John Humphries in the Great and General Court of the Bay Colony concerning ‘some land beyond Forest River.’ In the motion he offered the land to the commonwealth but added that it should be done as soon as possible so as not to ‘hinder the building of a College which would be [to] manie [here a great] loss.’ Five months later, the Court, having assembled, agreed ‘to give £400 towards a schoale or colledge, whearof £200 to bee paid the next yeare, and £200 when the worke is finished, and the next Court to appoint wheare and what building.’ The next Court meeting did not address the location or edifice of the college, and for over a year, there was no mention of a college in any of the Court records. Then, on November 15, 1637, the Court ordered that a college shall be located ‘at Newetowne,’ a small puritan town just north of Boston, and, five days later, appointed an external board of twelve overseers (lnspectores).
The Classical Tripos and the Romantic Movement at Cambridge
Authors: Hofstetter Michael 
Published: November 2023

Abstract
Between the Napoleonic wars and the royal commissions sent to reform the University in the 1850s, Cambridge could best be described as a university in quiet ferment. The languid days of the eighteenth century were past and now replaced with an atmosphere fed by growing matriculations and earnest debate. The topics mooted by dons, fellows, and students alike included the admission of dissenters, the role of the University in the Church of England, and the manner in which students should be ranked and examined. One way in which this ranking took place were the honors, or ‘Tripos’ examinations, which arose first in mathematics (by 1800) and then in classics (first used in 1824). A close look at the origins of such an examination in classics and its early history illustrates how romanticism informed thinking at the University about teaching, learning, and the curriculum and contributed to the spirit of renewal felt at Cambridge in the first half of the nineteenth century.
Consumer E-commerce: Jurisdiction Rules
Authors: Hill Jonathan 
Published: November 2023

Abstract
E-commerce presents certain challenges to the traditional, territorial approach to questions of jurisdiction. While it is important that the enormity of these challenges is not exaggerated, there is an argument for saying that ‘cyberspace radically undermines the relationship between a particular transaction and a specific physical location’.Whereas it is normally easy to identify the territorial connections of the various elements of a real-world contract, the Internet enables people to enter into contracts without knowing (and, in many cases, without being able to know) the physical location of the other party.
Improving Civil Justice: European Developments
Authors: Hill Jonathan 
Published: November 2023

Abstract
Although the Brussels I Regulation and the Lugano Convention tackle jurisdictional questions relating to consumer contracts—and include provisions which are designed to ‘protect’ the interests of consumers—they do not address consumers’ access-to-justice problems. Jurisdiction rules designed to benefit consumers are meaningful in cross-border cases only if the underlying procedural framework provides a truly accessible avenue through which consumers are able to vindicate their legal rights.
Recognition and Enforcement of Judgments
Authors: Hill Jonathan 
Published: November 2023

Abstract
It has already been seen that, in a case involving a protected consumer contract under the Brussels I Regulation, a consumer who decides to litigate a claim against a supplier domiciled in another EU member has a choice between: (a) bringing the claim in the supplier’s home forum and (if necessary) proceeding to enforce the judgment in that country; or (b) commencing proceedings in the consumer’s home forum and, then seeking to enforce the judgment in the member state where the supplier’s assets are located, typically the country of the supplier’s domicile. This chapter is concerned with the issues raised by the second of these two scenarios—where proceedings are brought in one country and enforcement is required in another country.
Litigation in the Public Interest
Authors: Hill Jonathan 
Published: November 2023

Abstract
In view of the fact that, from the consumer’s perspective, private litigation is an extremely unattractive solution to the vast majority of contractual disputes, it is hardly surprising that attention has turned to other mechanisms for dealing with the problems arising out of consumer contracts. One technique for trying to advance collective consumer interests (rather than the interests of individual consumers) is by giving public authorities and consumer organizations the right to litigate on behalf of consumers in general.
The Evolution of Public Procurement Regulation
Authors: Bovis Christopher 
Published: November 2023

Abstract
Attempts to regulate public procurement in the European Community were recorded even before the end of the first transitional period. For the purposes of giving guidance to Community institutions and member states in the implementation of Articles 52, 53 EC (right of establishment) and 59, 60 EC (freedom to provide services), in 1962 the Council of Ministers adopted two General Programmes for the elimination of existing restrictions on inter-state trade. Among the restrictions to be abolished were rules and practices of member states which ‘. . . exclude, limit or impose conditions upon the capacity to submit offers or to participate as main contractors or subcontractors in contract awards by the state or legal persons governed by public law’.
Enforcement and Compliance
Authors: Bovis Christopher 
Published: November 2023

Abstract
The enactment of the Remedies Directives has brought a different dimension into the application of public procurement rules. Such dimension relies on the decentralized compliance and enforcement of the substantive regime. Directive 89/665 on the coordination of the laws, regulations, and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts and Directive 92/13 coordinating the laws, regulations, and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors require member states to introduce effective remedies and means of enforcement to suppliers, contractors and service providers who believe that they have been harmed by an infringement of the substantive procurement rules.
Changing Dominant Practice: Making use of Institutional Diversity in Hungary and the United Kingdom
Authors: Crouch Colin , Keune Maarten 
Published: November 2023

Abstract
As discussed in the introduction to this volume, neoinstitutional theory is generally better equipped to deal with continuity and stability than with discontinuity and change. Institutional configurations are often presented as a straightjacket from which endogenous actors cannot escape and which can only be seriously modified through external shocks. However, from time to time endogenous actors do make major and more or less sudden changes. It is by no means common; more often than not the central puzzle of a situation is why powerful, strategic actors do not change institutions which they recognize to be functioning in ways that do not suit their interests. That is why neo-institutionalism and path dependence are attractive as explanatory approaches. However, from time to time radical, rather rapid change is introduced by endogenous actors. Unless neo-institutionalism is simply to concede explanatory failure at such moments, it needs to be able to give its own account, consistent with its overall approach, which of course stresses the strength of institutions.
The Eu Legal Order And Energy
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
The steps taken by the EU towards the creation of an internal market in energy over the past decade have marked a watershed in Community energy law and policy. Never before has there been such a deliberate and comprehensive attempt to link energy specifically to the body of Community law and to the integration process. It marked the beginning of a determined—and so far quite successful— attempt to put an end to the ‘special’ or de facto exempted status of the energy sector in the process of European integration.
Electricity
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
The principal legislation applicable to the EU electricity sector is Directive (EC) 2003/54 (‘the Electricity Directive’),adopted on 26 June 2003, and the Regulation on conditions for access to the network for cross-border exchanges in electricity (‘the Regulation’), adopted on the same date. This body of legislation has its origins in the limited success of the first electricity liberalization Directive. This first measure5 proved to be too modest in its ambitions and scope, and proposals were tabled by the Commission in 2001 for a successor. In addition, a new approach was proposed to implementation of the ‘common rules’ it was to contain. Its successor would be accompanied by other instruments, which would allow for regulation to evolve once the Directive and Regulation were in place. In this manner, the Commission and those Member States most ardently supporting market reform sought to bring within the scope of the new legislation a more detailed subject matter.
Gas
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
The principal legislation applicable to the EU gas sector is Directive (EC) 2003/55 (‘the Gas Directive’),and the Regulation on conditions for access to the natural gas transmission networks (‘the Regulation’). Like the Electricity Directive, the Gas Directive has its origins in the shortcomings of its predecessor, the first Gas Directive,4 which it repealed.5 Although parts of the first Directive are essentially taken over by its successor, there are significant differences in content and approach. Moreover, it forms part of a package of legal instruments that are intended to provide both common rules for the gas sector and specific regulations and guidelines for its continuing liberalization. This chapter will review and assess the legal framework for the introduction of competition into the gas sector, which the Directive and Regulation provide.
Oil
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
The internal market programme has had little direct impact on the oil industry within the EU.1 In part this is the result of the relatively small (and declining) quantities of oil produced from within the EU itself. This condition of relative dependence upon imports, together with the international—as distinct from national or regional—character of the oil industry has meant that EU energy policy has been focused largely on security of supply concerns. Several legal measures have been adopted to give Member States an added measure of protection in the event of a crisis of oil supply (see paras 18.60–18.67), but action to promote liberalization in EU oil markets has been deemed largely unnecessary, since the oil sector has long been subject to competition.
Coal
Authors: Cameron Peter Duncanson 
Published: November 2023

Abstract
The legal framework that applies to the coal sector is that of the EC Treaty as well as the procedural rules and other secondary legislation derived from it. However, this dates only from 24 July 2002. For a period of 50 years previous to that date, the principal rules of European law applicable to the coal sector were those set down in the Treaty establishing the European Coal and Steel Community (ECSC), signed on 18 April 1951 by six States (Belgium, France, Germany, Italy, Luxembourg, and the Netherlands). This chapter will examine the market orientation of the current legal regime under the EC Treaty, noting also the principal features of the previous regime under the ECSC Treaty. A longer discussion of state aid controls is to be found in Chapter 15.