bluuebunny/crossref_metadata_2025_split huggingface dataset:
Collaborative Autonomy
Authors: Teff Harvey 
Published: November 2023

Abstract
In Sidaway, Lord Scarman alone favoured incorporating what he called the ‘transatlantic doctrine of informed consent’ into English law. He saw the doctrine as embodying the doctor’s obligation to satisfy the patient’s right to know. In his view, this obligation forms part of the doctor’s duty of care derived from the patient’s rights—the ‘right to be informed of the risks inherent in the treatment which is proposed’ so as to be able to exercise the right of ‘self-determination’. We have suggested that this rationale is misconceived. However, though a rights-based justification of informed consent is problematic within the context of negligence, and though the vocabulary of rights has been misleadingly deployed under the regis of negligence by jurisdictions that have embraced the doctrine, it remains possible to accommodate a conception of informed consent within negligence as a dimension of the doctor’s duty of care. Properly conceived, the doctrine represents both a noble aspiration and a practical aid to doctorpatient relationships which the law should endorse.
The Payment of Foreign Money Obligations
Authors: Mann F A 
Published: November 2023

Abstract
THE preceding chapters have been built upon questiqns raised by an imaginary case which has served as a guide to a logical and systematic exposition of the law of foreign money obligations. The case of a promise, made in Vancouver by a Montreal business man, to pay to a San Francisco firm ‘100 dollars’ in London necessitated an investigation of the nature of foreign money obligations in general (Chapter VII); it has then to be ascertained whether Canadian or United States of America dollars were the subject-matter of the obligation, and we thus came to a discussion of the problems surrounding the determination of the money of account in general (Chapters VIII and IX); finally, we had to examine the various problems connected with the value of the foreign money of account and the quantum of the obligation (Chapter X).
Exchange Control under the International Monetary Fund Agreement
Authors: Mann F A 
Published: November 2023

Abstract
As between the 150 members or so of the International Monetary Fund (except Australia, Mexico and Sweden1) the law of exchange control differs from the general rules applicable to exchange control. In those member States the rule of positive law laid down in Art. VIII (2) (b) of the Articles of Agreement of the International Monetary Fund applies:
This provision (which provides a defence the factual elements of which have to be proved) constitutes a new departure.
Monetary Sovereignty, its Scope and its Limitation
Authors: Mann F A 
Published: November 2023

Abstract
The State’s undeniable sovereignty over its currency is traditionally recognized by public international law; to the power granted by municipal law there corresponds an international right to the exercise of which other States cannot, as a rule, object.2 As the Permanent Court of International Justice has said,3 ‘it is indeed a generally accepted principle that a state is entitled to regulate its own currency’. Money, like tariffs or taxation or the admission of aliens, is one of those matters which prima facie must be considered as falling essentially within the domestic jurisdiction of States (Art. 2 (7) of the Charter of the United Nations).
Treaty Rules of Monetary Conduct
Authors: Mann F A 
Published: November 2023

Abstract
Rules of monetary conduct, which arise from treaties, in principle apply only as between the contracting Parties. It would be wrong to assume that they express universally binding duties. In some cases, it is true, treaties merely repeat, perhaps in slightly different language, what in essence is a duty imposed by customary international law; the foremost example is the familiar provision whereby States undertake to ‘accord fair and equitable treatment’ to each other’s nationals,1 and which in law is unlikely to amount to more than a confirmation of the obligation to act in good faith, or to refrain from abuse or arbitrariness. In other cases the question may be put whether any of the rules of conventional international law have become so universal in application and so intensive in character as to lead to the creation of rules of customary international law.
The Status of Refugees in Asia
Authors: Muntarbhorn Vitit 
Published: November 2023

Abstract
The Status of Refugees in Asia surveys some of the key issues of law and policy affecting refugees in the Asian region. The movement and presence of refugees in different parts of the region is surveyed, and the general legal position - ranging from multilateral treaties to regional and national initiatives - evaluated. A selection of country profiles to illustrate the implementation of law and policy at the national level is provided, and the performance of three Asian countries which have acceded to the 1951 United Nations Refugee Convention and its 1967 Protocol is assessed: namely, China, Japan, and the Philippines. Attention is given to the five other countries which have not acceded to these instruments - Brunei, Indonesia, Malaysia, Singapore, and Thailand - and current critical refugee problem areas such as Afghanistan and Sri Lanka examined. The book concludes by examining current difficulties with state practice in the region and presents possible solutions and new directions for the future.
Introduction
Authors: Collier John , Lowe Vaughan 
Published: November 2023

Abstract
There is a widespread assumption that in a successful legal system disputes should be avoided, or at least resolved quickly and peacefully. That is not the premise from which this book proceeds. Rather, it is assumed that disputes—or, more strictly, the conflicts from which disputes emerge—are not wholly undesirable but have certain valuable characteristics, and that the proper function of law is to manage, rather than to suppress or resolve, conflict. A second premise is that recourse to law in dispute settlement is invariably an optional procedure, chosen because it offers certain short- or long-term benefits to one or more of the parties to the dispute. In this introductory chapter, these premises are explained and explored.
Mixed Arbitrations
Authors: Collier John , Lowe Vaughan 
Published: November 2023

Abstract
One of the most remarkable developments in international dispute settlement procedures has been the rapid growth of the institution of mixed arbitrations: that is to say, arbitrations between States on the one hand and non-State entities, usually corporations or, less frequently, individuals, on the other. The two most striking examples of tribunals handling mixed arbitrations are the tribunals established under the auspices of the International Centre for the Settlement of Investment Disputes (‘ICSID’), and the Iran-US Claims Tribunal. They are the subject of this chapter.
The Arbitral Process
Authors: Collier John , Lowe Vaughan 
Published: November 2023

Abstract
There are certain stages and problems common to all judicial procedures for the settlement of international disputes. The identity of the problems, and of the solutions, is evident when tribunals operate under the same rules—as, for example, international commercial arbitration tribunals and the Iran-US Claims Tribunal operate under the UNCITRAL Arbitration Rules. In fact, the similari­ties are more pervasive, as the frequency with which international courts and arbi­tral tribunals of all kinds refer to each other’s jurisprudence indicates. There are dear signs of a body of international procedural law emerging. The following account of the law is in principle applicable to all international tribunals subject, of course, to express stipulations to the contrary in the rules under which they operate. For convenience, however, reference will ordinarily be made to the law as it operates in the context of arbitrations.
Mass Torts
Authors: Fleming John G 
Published: November 2023

Abstract
Mass accidents have become a familiar incident of the modern way of life, a by-product of advancing technology in the production, distribution, and use of toxic agents, dangerous pharmaceuticals, fast modern transport, and other hazardous activities. A single type of product like asbestos or the Dalkon Shield, released on a mass market by one or numerous manufacturers, may inflict injury or disease on a vast multitude of consumers or their offspring. Or a single accident, like an aeroplane collision, explosion, or escape of poison gas, may bring injury or death to thousands and dislocation to a whole region. The first is sometimes called a mass products case, the second a mass accident. Both entail injury to multiple victims and present adjudicatory problems very different in magnitude and therefore in kind from those faced in routine accidents. The traditional method of case-by-case adjudication and the applicable principles of substantive law, still largely based on an individualistic philosophy of ‘corrective justice’ between man and man, are unequal to this challenge.
‘Yesterday’s Model’: Product Fetishism and the Cult of the Producer
Authors: Roper Michael 
Published: November 2023

Abstract
In the early stages of this project I often emerged from interviews with organization men feeling slightly disappointed about the way the sessions had gone. I was interested in what their work memories told me about their present identities as men. Yet I sometimes ended up with a clearer picture of the technology surrounding managers than of the men themselves. I soon realized that the problem lay in my view of life history, and the kind of empathy necessary for a successful interview. I was looking for clues about the men’s emotional relations with family or colleagues, and disregarding their enthusiastic descriptions of the physical objects which they dealt with in their work.
Images of Wives and Secretaries
Authors: Roper Michael 
Published: November 2023

Abstract
In the passage above the British industrialist, Sir John Haivey-Jones, pays tribute to his wife’s skills in the emotional arts. It was she, he tells us, who nurtured his self-confidence, thus enabling him to become one of Britain’s best-known and admired business leaders. Harvey-Jones here illustrates a central contradiction in the lives of organization men, between their social dominance in the workplace and family, and their emotional needs. The role of wife or secretary was clearly a subordinate one, yet the men believed that women were the more powerful sex.
The Legal Background
Authors: Wheeler Sally 
Published: November 2023

Abstract
THE basic concept of reservation of title is a simple one: by means of a contractual device the seller of goods retains ownership of his goods until he has received payment for them. The idea of reserving title until payment is not a new one. One of the most often cited earliest cases is McEntire v. Crossley Brothers. Here the contract was for the sale of a gas engine, title to which was retained by the seller until full payment was received. Payment was not forthcoming and the buyer was eventually declared bankrupt. The contract did not use the terms seller and buyer but lessor and lessee respectively. Ownership of the engine was claimed by the sellers/lessors. The argument confronting the House of Lords was one which became increasingly familiar to first instance and Court of Appeal judges involved in reservation of title cases until the Court of Appeal decision in Clough Mill v. Martin2-that the agreement was a charge; ownership had passed to the buyer and the seller had a charge on the engine for the outstanding monies.
Negotiation of Claims
Authors: Wheeler Sally 
Published: November 2023

Abstract
TRADITIONAL analyses of negotiation assume a bi-party dialogue which moves slowly towards some sort of agreed settlement. There are no detailed analyses of zero-sum negotiation. Obviously in the studies of personal injury claimants there are claims which involve a denial of liability. However, the potential for settlement at a point between the stances of the two parties exists. The nature of a reservation of title claim is such that if liability is admitted in the overwhelming majority of cases the claim must be satisfied in full. In a reservation of title claim situation one party, the insolvency practitioner, finds himself in a position of control and dominance; he has possession of the goods, repeat-player experience, and access to the records and employees of the insolvent company.
Tarnished Vision
Authors: Robins David 
Published: November 2023

Abstract
Once a group of young people (reformed street robbers) had a vision to transform their poor divided community. But the vision was tarnished by harsh reality, violent feuds and factional strife, corrupt and ineffective leaders, and youths involved in networks of criminality. Tarnished Vision is the story of the rise and fall of a utopian community project told against a background of crime and delinquency in a troubled neighbourhood. This vivid and authentic account of life in `Satellite City' is set in the 1980s, a decade when the promises of the enterprise culture failed to deliver, and the conditions were created for a generation hooked on crime. Tarnished Vision depicts the 1980s inner-city cycle of social tragedy followed by inept societal response, followed by social tragedy. But this is not only a story for the 1980s. The message is that programmes to save the inner cities, however well-resourced, cannot afford to ignore the destructive frustrations of urban male youths who are involved in crime. Community action programmes can be no more than window-dressing to camouflage these realities.
Confrontation
Authors: Robins David 
Published: November 2023

Abstract
At the end of 1981 the People’s Council put forward its own plan to the local authority, to move from the confines of its small centre on the Satellite Estate to an enormous disused road haulage depot. This was to be the way forward. The broken asphalt of the parking bays, the shattered brick facade and twisted steel frame of the main hanger--on this derelict site would one day stand a massive business, leisure, and entertainment complex. There would be a shopping mall and space for small businesses, a sports hall, a plush bar, music- and film-production studios, a restaurant, a discotheque, and a live-music venue. Community life would be transformed. Not only locally. ‘It will be a credit to the community everywhere,’ Leon Reed promised. The whole development would be managed by the People’s Council and supported by the local authority. Or so it hoped. From the start it was not an easy alliance.
Pornography: The Representation of Power
Authors: Kappeler Susanne 
Published: November 2023

Abstract
Thedebate about pornography which feminists opened in the 1970s seems to have ended in stalemate as most advocates in the public domain begin and end with the ‘conclusion’—that censorship is out of the question. Hardly anyone in fact engages with the analysis which feminists put forward about what exactly is the problem with pornography. Instead, the merest mention of ‘pornography’ is followed like a Pavlovian reflex by the word ‘censorship’, as if there was no context other than that of censorship and the law in which the problem of pornography could be raised. Although feminists have reopened the debate about pornography in a radically new context—the context of the civil rights of women and the context of a gender analysis of pornography1—the arguments invariably revert to the old and familiar playground of repression and taboo, liberation and permissiveness, where old certainties rule: since it used to be prigs and prudes who opposed pornography, we as sexual radicals must defend it (and since we arc for it, those against it must be prudes); since pornography is a right-wing issue, as liberals or lefties we are against it being an issue at all; since those against pornography arc for censorship, we as opponents of censorship must be for pornography. The feminist perspective on the problem of pornography has been well and truly buried again, as the old ghosts of church fathers and forbidding parents arc invoked once more. Despite the protestations of a permissive society, these ghosts continue to haunt the collective consciousness of the left and the media public.
Business Process Reengineering: A Phenomenon of Organization
Authors: Earl Michael J 
Published: November 2023

Abstract
Business Process Reengineering (BPR) is the latest management recipe being offered for the survival of Western businesses. Also known as Business Process Redesign, Process Innovation, and various combinations of these keywords, it has become the subject of best-selling books, a new practice area (sometimes trademarked) for consultants, a phenomenon upon which most business academics feel they should have a view, and a growing endeavour in many companies. The protagonists seem convinced that it is a new approach to improving business performance even if it may be a synthesis of recent and not-so-recent ideas. The cynics feel that they have seen it before in different guises and stress the apparent naivety of some of the component concepts.
The Chief Information Officer: Past, Present, and Future
Authors: Earl Michael J 
Published: November 2023

Abstract
The post of IT director probably appeared on the organization chart of large corporations in the early 1980s (Diebold Research Group 1984), while the title ‘Chief Information Officer’ —or CIO—hit our consciousness a few years later. The CIO label was perhaps a recognition that the Information Systems function had become critical in many organizations and that therefore its most senior executive deserved parity with, say, the Chief Financial Officer. By the end of the decade, the post-if not the title-was common in large organizations. It could be a main board position reporting to the CEO, or located one or two levels below, reporting to a board member.
Discretionary Decision-Making: A Jurisprudential View
Authors: Bell John 
Published: November 2023

Abstract
As Denis Galligan (1986a:l) has noted, discretion has not been a central topic of jurisprudential writing, though it has been a major focus of interest for legal sociology. While legal theory in the area of administrative law has paid significant attention to the issue of analysing discretion, it has tended to be with heavy emphasis on the judicial control ofadministrative action (see, especially, Venezia 1959). There has been only a limited effort to integrate the findings of sociological studies of discretionary decision-making into legal theoretical writing about the nature of law. This article offers merely a few pointers to the kind of theory of law which could emerge from such an integration.
Organizational Horizons and Complaint-Filing
Authors: Emerson Robert M , Paley Blair 
Published: November 2023

Abstract
Many socio-legal analyses conceptualize discretion as decisions made relatively unfettered by rules, and advocate ‘confining, structuring and checking’ decision-making as an antidote to the resulting ‘problems and abuses’. For example, in his classic analysis of discretion, Davis argues that a ‘public officer has discretion whenever the effective limits on his power leave him free to make a choice among possible courses of action or inaction’ (1969: 4). In this view discretion involves decisions that are unconstrained by rules, whether because rules do not apply, are vague, or multiple. Nondiscretionary decisions, in contrast, are those that accord with (and presumably are determined and constrained by) rules. Such an approach therefore dichotomizes ‘rules’ and ‘discretion’: the more of the former the less of the latter, and vice versa.1
It is now well established that a sharp rules-discretion dichotomy presumes and perpetuates overly narrow and mechanistic treatments of discretionary decision-making. This dichotomy obscures the contingent and variable processes of rule interpretation inevitably unspecified by the rules themselves. It specifically neglects the use of discretion to determine the relevant ‘facts’ or ‘situation’ to which specific rules apply, since, in the words of H. L. A. Hart, no rule can ‘itself step forward to claim its own instances’ (1961: 123). (See also Heritage 1984: 120-9).
Legacy: 1986-1993
Authors: Greer Steven 
Published: November 2023

Abstract
In a sense everything which has happened on the anti-terrorist front in Northern Ireland since the mid-1980s could be said to have been influenced to some degree by the failure of the supergrass system. But since many subsequent developments-for example, amendments to anti-terrorist legislation1 and refinements in the intelligence-gathering system2-might well have happened anyway, attention here will focus upon three particularly direct legacies: the effect of the supergrass system upon the level of political violence; the implications of the abolition of the right to silence for the prospect of further supergrass trials; and the enduring need for certain statutory reforms.
Supergrasses and the Criminal Justice System
Authors: Greer Steven 
Published: November 2023

Abstract
Some reference has already been made in preceding chapters to the roles played by various agencies of the state, especially the courts, in the management of the supergrass process in Northern Ireland. The purpose of this chapter is to consider these contributions in a more systematic fashion and to reflect upon the broader issues of institutionalization, accountability, and due process which reliance upon supergrasses has raised in the various systems of criminal justice surveyed in this study. As already indicated, when the first supergrass cases came before the courts in Northern Ireland, the presiding judges reacted in a predictably conservative fashion by claiming that in legal terms nothing new was happening, and that the prescriptions of the common law could be fulfilled by issuing the danger warning to themselves. However, in the course of the ten major supergrass trials and the five appeals, a sea change in judicial attitude took place, reflected in the retreat from the high conviction-rate of the first phase, the reluctance to permit convictions on uncorroborated supergrass evidence which this betokened, and the overhaul of conventional legal wisdom which had subtly occurred.
Shielding Judicial Action
Authors: Olowofoyeku Abimbola A 
Published: November 2023

Abstract
When the necessary factors are present, the preceding chapter and the above quotation have shown that the immunity accorded to judges of superior courts is absolute. This means that the immunity applies even if the judges are alleged to have been corrupt, malicious, or negligent. This is the law in many common-law jurisdictions. For example, it is the law of England, The United States of America, Canada, Australia, New Zealand, Nigeria,7 and Trinidad. The factors which are relevant to the provision of immunity are (1) whether the act complained of was a judicial act, and (2) whether or not it was within the jurisdiction of the judge. The discussion that follows addresses these issues specifically. The discussion will be general in nature, many of the points being applicable both to superior courts and inferior courts.