bluuebunny/crossref_metadata_2025_split huggingface dataset:
A Fresh Look at Purpose Trusts
Authors: Harding Matthew 
Published: December 2023

Abstract
The chapter argues for a fresh look at purpose trusts. It begins by emphasising that, as is the case with other legal forms, the existence of purpose trusts depends on acts of interpretation about which reasonable minds might disagree. The chapter then argues that purpose trusts offer settlors a distinctive facility because, in addition to enabling settlors to deploy the benefit of property as all trusts do, they entail a particular mode of governance that cannot be accessed fully using other legal forms. Next, the chapter turns to the distinction often drawn between valid charitable purpose trusts and invalid non-charitable purpose trusts, arguing that this distinction, as currently drawn, is difficult to defend. Finally, the chapter considers where to draw the limits when it comes to the recognition of private purpose trusts, and it discusses how such trusts might be appropriately enforced.
Administrators as Trustees of Australian Class Action Settlements
Authors: Degeling Simone 
Published: December 2023

Abstract
On the settlement of an Australian Federal class action, any settlement monies may be held by an Administrator pursuant to a court-sanctioned private express trust for eligible group members. This chapter argues that such trusts ensure that any monetary award is assured; that it is actually delivered to the hands of group members. This is because trusts offer a structure of delegated authority and decision-making. The Administrator is the court’s delegate and permits the Administrator to assume responsibility for administering the recovery while also being closely supervised by the court. The trust offers a direct line of reporting, responsibility, and supervision. Correlatively, the trust also facilitates the enrolment of suitable actors as Administrator. Further, the stable yet flexible character of the trust form permits the ability to craft bespoke terms reflecting the terms of a particular settlement, while also permitting asset segregation and partitioning, enrolment of suitable Administration and delegation. However, the trust is not simply a structure of delegated decision-making. Crucially, it also carries with it a set of rules which ensure that the Administrator as trustee adheres to the terms of the settlement distribution scheme and the ability of the court directly to carry into execution the terms of the settlement distribution scheme should the Administrator fail to do so. The trust thus offers a more perfect or absolute form of the administration of justice, because equity’s default posture is to supervise and compel the Administrator as trustee to perform the trust.
Illegality, Tax in Another Jurisdiction, and an Express Trust
Authors: Mumford Ann 
Published: December 2023

Abstract
This chapter addresses an argument in the 2016 High Court case of Hniazdzilau v Vajgel, in which counsel attempted to engage the private law illegality defence to prevent a claimant from benefitting from an express trust which was established, in part, to obstruct Russian tax law. Counsel aimed to frame the issue as a question of the UK courts’ support (or not) for ‘comity’ between nations, or, more specifically, Russian tax law. He also argued that developments in UK criminal law indicate broad Parliament’s support for an expansive (perhaps even extra territorial) approach to crimes involving taxation. Ultimately, the (unsuccessful) argument ran, there is something especially terrible about tax abuse, such that allowing Mr. Hniazdzilau to succeed would offend a wider, international understanding of the rule of law. A social justice consideration of this argument, achieved through a consolidation of arguments advanced by Dagan, and Murphy and Nagel, may support counsel’s argument, at least in theory. The challenge is that this would require a new way of thinking.
Toward a non-teleological account of demonstrative reinforcement
Authors: Goldstein David 
Published: December 2023

Abstract
It has long been debated whether morphosyntactic change is teleological. Jespersen (1917: 4), for instance, maintained that emphatic negative constructions are created in response to the weakening of older negative adverbs. Others have argued that such therapeutic models of change are flawed, since novel grammatical forms do not owe their existence to a deficit (e.g., Haspelmath 2018: 112). This paper takes up the question of teleological change by examining the definiteness cycle of van Gelderen 2011 (197-244). According to the definiteness cycle, the development of a definite article from a demonstrative (e.g., Latin ILLE ‘that’ &gt; Old French li ‘the’) entails feature loss, which is repaired through reinforcement of the demonstrative (e.g., Latin ECCE ILLE ‘that’ &gt; Old French cel ‘that’). It is shown that the definiteness cycle is beset by too many problems to be an adequate model of demonstrative reinforcement. Decoupling demonstrative reinforcement from the grammaticalization of definite articles offers two key advantages. First, it accounts for the fact that demonstrative reinforcement occurs before and after definite articles emerge. Second, it allows reinforced demonstratives to exhibit meanings that go beyond spatial deixis.
The value of family relations for revitalization
Authors: Mithun Marianne 
Published: December 2023

Abstract
For many Indigenous communities engaged in language revitalization projects, records of the traditional language are limited. In some cases, however, they can be enriched from what is known about related languages and their histories of development. Such possibilities are illustrated here with Susquehannock, an Iroquoian language indigenous to what is now southeastern Pennsylvania. The language was last used by first-language speakers in the mid-eighteenth century, but two wordlists, recorded a century earlier, in combination with what is known about related languages, allow us to reconstruct what the scribe must have heard, what the words and short phrases actually meant, and their internal grammatical structure. Knowledge about related languages also lets us recognize some of the constructions as “foreigner talk,” not representative of the syntactic complexity of language.
The return and spread of the transnational mining corporation in the African periphery
Authors: Radley Ben 
Published: December 2023

Abstract
The aim of this chapter is to historically situate the case of mining in the Congo within its broader regional context. It is organized in three sections, each corresponding to a separate stage of the process that led to transnational mining corporations again becoming the dominant force assuming ownership and management of industrial mining projects across the continent. The first stage involved a diagnosis of the economic challenges faced by African economies from the mid-1970s as due to misguided state intervention and government corruption. Based on this diagnosis, during the second stage, the International Monetary Fund and the World Bank advocated for, financed, and often directly oversaw the liberalization, privatization, and deregulation of mining sectors in low-income African economies. The third stage required criminalizing African miners involved in labour-intensive forms of production and, if required, forcibly displacing them to make way for the construction of capital-intensive, foreign corporate-owned mines.
Experimental Systems
Authors: Eichler Alexander , Zilberberg Oded 
Published: December 2023

AbstractThe last chapter of this book is devoted to three examples of physical systems that can be used to realize parametric oscillators, namely a nanomechanical resonator made from a carbon nanotube, an electrical resonator with a nonlinear capacitance, and an optical ring resonator. In each case, we briefly derive the relevant equation of motion and indicate realistic numerical values for the coefficients. We conclude by showing how such values can be rescaled to avoid numerical problems.
Ownership of Proceeds of Corruption in International Law
Authors: Olaniyan Kolawole 
Published: December 2023

AbstractRecovery of proceeds deriving from corruption is now increasingly recognized as a principle of contemporary international law. Through the analyses of human rights jurisprudence and the theories of justice, public trust, and the rule of law, this book explores the ideas of people’s sovereign and ownership rights of proceeds of corruption on the basis of their right to wealth and natural resources and the corresponding rights to justice, effective remedies, and reparations (ie restitution, compensation, satisfaction, rehabilitation, and guarantees of non-repetition). The book challenges the conventional wisdom that sovereign and ownership rights over wealth and natural resources, and, by extension, ownership of proceeds of corruption, should be exclusively exercised by states. It argues that the populations of victim-states ought to be empowered to pursue grand corruption and asset recovery actions when their governments are either unwilling or unable to take such actions. The book shows the relationship between the right to wealth and natural resources and proceeds of corruption, and how contemporary international human rights law and jurisprudence define permissible restrictions on the exercise of states’ sovereign and ownership rights of proceeds of corruption. The book proposes theoretical and legal foundations for non-state actors, and particularly for the populations of victim-states—who are the real victims of corruption—to enjoy the right to justice and effective remedies in the processes, procedures and mechanisms to recover proceeds of corruption, which may contribute to the development of domestic laws on the subject.
Links between Corruption in the Public Sector and Private Sector
Authors: Olaniyan Kolawole 
Published: December 2023

AbstractAgainst the background of corruption in business and the effects of bribery in the world’s economy, growth, and development, Chapter 3 examines the links between corruption in the public sector and private sector. It addresses the role of corrupt business practices in contributing to and facilitating grand corruption, including the socio-economic effects of commercial organizations bribing PEPs to obtain or retain business or an advantage in the conduct of business. The chapter attempts to address some of the key issues surrounding settlements of foreign bribery cases, particularly the sharing of proceeds of foreign bribery (eg fines, disgorged profits, and reparations collected by supply-side jurisdictions) with the people of demand-side jurisdictions. It then looks at the challenges of combating private sector corruption and how these might undermine the global efforts to tackle grand corruption by high-ranking public officials and to recover its proceeds.
Ernest Dowson
Authors: Stark Robert 
Published: December 2023

Abstract
By meticulous analysis of his holograph notebook, dating each composition, and reading his oeuvre chronologically for the first time, Ernest Dowson: Lyric Lives finally dispels the myths which have masqueraded as literary criticism of Dowson’s life and work for more than a century. The cornerstone of the so-called ‘Dowson Legend’, the authorial and critical promotion of Adelaide Foltinowicz as the incontrovertible muse of his writing, is, simply, a canard: Dowson did not write extensively about her, in verse. Liberated from the stubborn observer effect of this mythopoeic interference—the more authority is invested in the legend, the less fathomable become all datapoints which do not adequate to myth, no matter how intrinsically knowable they are—Dowson’s extraordinary writing is free to assume the importance and prominence it deserves. His relationship with Aesthetic and Decadent tradition; his Catholicism; his love of France, its literature and culture; his long battle with tuberculosis; and final abandonment of creative writing, all come fully into focus in the first comprehensive, chronological study of a dynamic writer at the epicentre of the aesthetic and cultural debates of the fin de siècle, who wrote about the subjects that poets have always written about, under the sway of the same miscellaneous passions. The pun, in short, is intended: Ernest Dowson: Lyric Lives reinstalls an author of flesh-and-blood at the heart of this astonishing, but disregarded, oeuvre and, doing so, reclaims the author and his works from probable oblivion.
Judges and the Judiciary
Authors: Hendley Kathryn , Solomon Peter H. 
Published: December 2023

Abstract
Chapter 3 focuses on judges. Like much of continental Europe, Russia has a career judiciary. Those who have at least five years of legal experience following receipt of their law degrees are eligible to become trial-level judges. The requirements ratchet upwards for higher-level courts. Applicants are assessed for their competence and political reliability by judicial qualification commissions. These commissions also hear complaints about judicial misconduct and are responsible for disciplining errant judges. Russian judges tend to come onto the bench in their thirties and stay for their career, typically seeking out higher-level judicial posts as they gain experience. Promotion depends on judges’ ability to manage their caseload efficiently, to avoid reversals, and to get along with their bureaucratic superiors, especially their court chairmen. Judges who rock the boat are not promoted and are often drummed out of the judicial corps, sometimes on flimsy pretexts. With the exception of justices of the peace, who are expected to be jacks of all trade, Russian judges specialize. The staff members of courts make up the largest share of applicants for the bench, though judges who handle criminal cases are often former prosecutors.
Lawyers
Authors: Hendley Kathryn , Solomon Peter H. 
Published: December 2023

Abstract
Chapter 4 educates readers as to the structure of the Russian legal profession. Much like other continental legal systems, it is divided into specialties. These divisions have persisted at a formal level in the post-Soviet era, though moving between them is easier. Though many contemporary Russian lawyers continue to work for the state, they now have greater opportunities to engage in private practice. Acting as a representative for the state or for a private client in the Russian courts generally requires advanced (university-level) legal education. While anyone with this training can represent a client in a non-criminal case, only lawyers who are licensed members of the bar (advokaty) are legally entitled to represent criminal defendants. The Constitution guarantees representation to criminal defendants. In the post-Soviet era, new specializations have arisen in response to market-driven demands, as have private law firms designed to service companies. The demand for legal assistance has also contributed to a dramatic increase in the number of educational institutions training lawyers, though the quality of these institutions is uneven. Yet, the straightforward language of the procedural codes has made it possible for many Russians to represent themselves successfully in simple, non-criminal cases.
Justice-of-the-Peace Courts and Everyday Law
Authors: Hendley Kathryn , Solomon Peter H. 
Published: December 2023

Abstract
Chapter 7 details the evolution of the justice-of-the-peace courts, which were created towards the end of Yeltsin’s tenure and came to fruition under Putin. They were intended to alleviate the crush of cases being handled at the district court level and to maximize the accessibility of courts. Their jurisdiction has been adjusted from time to time to achieve the desired flow of cases. During their relatively short lifetime, these courts have become the workhorses of the Russian judicial system, handling a majority of civil cases, almost all administrative cases, and many low-level criminal cases. Justices of the peace have been able to manage their heavy caseload thanks to procedural innovations that allow straightforward cases to be resolved on the basis of the pleadings, without hearings on the merits.
Administration of Criminal Justice
Authors: Hendley Kathryn , Solomon Peter H. 
Published: December 2023

Abstract
This chapter presents Russian criminal justice as it was constituted in 2020–2021. It begins with an analysis of the 2001 Criminal Procedure Code—its accomplishments and omissions; the stages of the process (pretrial, trial, appeal); and the roles played by different actors, including judges on various courts. We then examine the continuing accusatorial bias, its roots, and the failure to address them; the chequered story of the revival and development of jury trials, including at district courts from 2019; and the proliferation of simple alternatives such as reconciliation, judicial fines, and the plea process, along with the tendency to expand the use of administrative violations in place of criminal prosecutions. We conclude with consideration of how sentencing practice has minimized the use of custodial sanctions for non-violent crimes and the complex of measures that limit the number of persons with criminal records.
Conclusion
Authors: Hendley Kathryn , Solomon Peter H. 
Published: December 2023

Abstract
Our analysis of the practice of courts in Russia and the management of its judiciary confirms that Russia’s courts are effective—in both reality and popular perception—in their handling of everyday disputes and, for the most part, in confronting crimes, accusatorial bias notwithstanding. At the same time, there are mechanisms, formal and informal alike, which ensure that, as a rule, cases that matter to the regime or powerful persons have the results that they seek. In short, the idea of ‘legal dualism’, understood in a loose and flexible way, provides an apt metaphor that captures the multiple narratives of law that were found in Russia’s judicial system in the Putin years. Within the governance of the judiciary, the role of the presidency has increased and, consequently, so has judicial dependence. Yet, the actual administration of justice—in the civil, business, and criminal realms at least—has improved, often because of procedural and institutional changes, many of which were promoted by top judges. Finally, we outline scenarios for the future development of courts in Russia.
Case-shift on Megrelian adverbs
Authors: Rostovtsev-Popiel Alexander 
Published: December 2023

Abstract
Case-shift is the phenomenon whereby the case marking assigned to core arguments in the clause can show sensitivity to the TAM series of the verbal predicate. In Megrelian (Kartvelian; Western Georgia) case-shift affects case marking on verbal arguments, but also determines the case-marking of certain adverbs. In the context of a particular verbal type, inverted verbs, adjectival adverbs of degree and measure appear to agree in case with one of the core arguments of the clause they modify. This chapter provides a comprehensive description of this remarkable and apparently unique agreement phenomenon, explores the complex conditions involved in its operation, and suggests a possible scenario for its emergence in Megrelian.
The Vespertinus Texts
Authors: Carrillo Raquel Rojo 
Published: December 2023

AbstractAwareness Of The textual features of a chant genre facilitates comprehension of its liturgical and musical features. Before looking at the liturgical assignments and the melodies of a plainchant genre, we can learn much about the genre’s creation, performance, and transmission through assessment of its texts alone. In this chapter, I identify generic norms of the vespertini through study of their texts. It is possible to detect in these texts the main sections and subsections of each vespertinus, as well as two distinct chant formats, each with its own structure and performative implications. Close inspection of the vespertinus texts reveals that the main link between each vespertinus’s sections and subsections is a shared character and topic(s) delivered by a given voice to a given addressee. Building on analysis of the relationship between the vespertinus texts and their textual sources, it is possible to demonstrate that vespertinus texts were crafted following very different procedures, ranging from quoting the Bible verbatim to modifying it quite significantly, and these procedures can exist together even within a single vespertinus. I argue that, in the vespertini, modifications of scripture help to fulfill the aim of creating a unified message for each chant, and that these modifications do not necessarily reflect, as proposed by previous scholars, different chronological stages in the production of this repertoire.
Tracing the Music of a Hispanic Rite Chant Genre
Authors: Carrillo Raquel Rojo 
Published: December 2023

AbstractAS IN OTHER liturgies, in the Hispanic rite, the relationship between the melodies of a plainchant genre and the texts and liturgical contexts with which they are associated is normally unique in each genre. By studying this relationship, it is possible to detect the rules that govern it, as well as the features that are normal in a genre, and the features that, instead, are particularities or exceptions. Furthermore, analysis of this relationship discloses the possible reasons that might justify particularities and exceptions. The present chapter comprises the results of my comprehensive study of the vespertinus melodies in light of their texts and liturgical assignments. These results reveal a coherent repertoire with identifiable generic norms. The vespertinus repertoire analyzed in this chapter is an example of the unique way in which text, liturgy, and music interact within a particular genre, differentiating that genre from other plainchant genres.
The Forensic Road
Authors: Youdin Robert 
Published: December 2023

Abstract
Chapter 1 explores wecriminal justice policy in the United States and how it is affected by the intersection of racism, ethnicity, gender, being an LGBTQ+ person, being impoverished, and having abused or sold psychoactive substances. This intersectional phenomenon instigates discrimination and violates human rights according to the International Guidelines of Human Rights and Drug Policy. Unfortunately, incarcerating impoverished people and people of color in jail or prison becomes their treatment for abusing or selling psychoactive substances. Also addressed in this chapter are the various types of stigmata that impact the lives of people incarcerated for psychoactive substance abuse as well as impacting family and friends of those incarcerated.
Tracking Circuits
Authors: Youdin Robert 
Published: December 2023

Abstract
Chapter 5 provides a method of tracking wanting (craving), a cognitive event that allows a therapist and person being treated to develop a heightened awareness when activation of the three-stage neurocircuitry of psychoactive substance abuse occurs. This awareness provides an opportunity to employ several neuroscience-informed psychotherapeutic interventions with precision when this neurocircuitry is activated in the limbic system and frontal lobes. The tracking procedure described in this chapter is a complex methodology derived from multiple psychological theories—single-subject design, the self-regulation model, delay discounting, choice theory, and contingency management. The role of episodic memory and performance memory in psychoactive substance abuse is explored and described in relationship to the three-stage neurocircuitry of psychoactive substance abuse.