bluuebunny/crossref_metadata_2025_split huggingface dataset:
Current Dilemmas
Authors: Genders Elaine , Player Elaine 
Published: October 2023

Abstract
One of the fundamental questions which this research set out to examine was whether a therapeutic prison is possible. The social organization of penal institutions is characteristically defined as being antithetical to rehabilitative efforts. Yet Grendon has survived for more than thirty years with the objective of providing psychological treatment for offenders. Earlier chapters have described how the prison accommodates the working practices of the therapeutic community and how the traditional prison roles of staff and inmates are modified to enable the communities to function. We have suggested that this co-operation between the prison and the therapeutic community is made possible by the fact that both institutions share the same personnel, and both are designed to exert control over a clearly defined and deviant population. In this final chapter we examine the nature of the control that operates at Grendon, the nature of the authority that underpins and legitimizes it, and how it differs from that which is exercised in conventional prisons. In addition, we explore the underlying forces which secure commitment to the institution on the part of both staff and inmates.
The Relevance of the Strasbourg Proceedings for the United Kingdom Courts
Authors: Clapham Andrew 
Published: October 2023

Abstract
The same question may arise simultaneously in the United Kingdom courts and before the European Commission of Human Rights. For example, in the Kirkwood case, Earl Kirkwood had complained to the Commission that his extradition to California (where he was wanted for murder) would constitute inhuman or degrading treatment. The warrant for his extradition was issued before this application was heard. When the application for judicial review of this decision came before the High Court, Kirkwood’s other application was still pending before the Commission. The High Court decided not only that the Secretary of State was not bound to consider the substantive provisions of the Convention, but also that the Secretary of State is not obliged to consider the actual fact of a pending application before the European Commission of Human Rights concerning the same circumstances.
Fundamental Rights in the Private Sphere: The United States and Canada
Authors: Clapham Andrew 
Published: October 2023

Abstract
The limited objectives of this chapter deserve some explanation. No attempt will be made to offer an analysis of the case-law of the United States and Canadian courts concerning the application of the relevant constitutional rights to the private sphere. What this chapter seeks to do is to emphasize the differences between these jurisdictions and the jurisdictions which have to apply the European Convention on Human Rights. Our aim is to explain why the case-law from the other side of the Atlantic should not be seen as offering solutions to the interpretation of the Convention’s application in the private sphere. The appropriateness and reasons for the evolution of this case-law in its home ground is only covered superficially. Paradoxically, the comparative exercise has been embarked on in order to counsel against making such comparisons.
Judgment and Review
Authors: Jackson John , Doran Sean 
Published: October 2023

Abstract
In Chapter Three, one of the distinctions made between contest and inquest models of proof was in the extent to which both information presented to the tribunal of fact and the verdict itself are subject to control. In the typical adversarial trial an extensive network of evidential and procedural rules will closely regulate the presentation of the issues to the fact-finding body, but that body’s ultimate decision will take a cursory and inscrutable form. Conversely, the inquest model is based upon limited input control and permits considerable output control, as the decision will be handed down in the form of a fully reasoned judgment.
The Rule Against Hearsay in Criminal Trials
Authors: Choo Andrew L -T 
Published: October 2023

Abstract
In as much as it implies that any narration by a witness of a statement made by another is prohibited, this depiction of the rule against hearsay by Charles Dickens in The Pickwick Papers is misleading. The rule against hearsay prohibits a witness from reporting a statement made by another person only where the purpose of adducing evidence of the statement is to establish the truth of any fact asserted in that statement.2 A clear-cut and uncontroversial application of the rule in a criminal trial might be as follows. The prosecution wishes to prove that the car seen at the scene of a crime was red. The hearsay rule renders inadmissible the testimony of a prosecution witness, W, that ‘X said that the car was red’. If, however, the testimony is to be adduced to prove, not that the car was red, but that X could speak, then it would not be rendered inadmissible by the hearsay rule.
Inventions and Official Secrecy
Authors: O’Dell T H 
Published: October 2023

Abstract
Secrets will always be a factor in the political life of any society, and it could be argued that none enjoy secrets, particularly Official Secrets, quite so much as the English. Inventions and Official Secrecy traces the little known history of UK legislation which permits the British Government to make Official Secrets of certain technical ideas submitted as patent applications, and thereby prohibit their publication. The story begins in the mid-nineteenth century, and introduces a number of interesting inventors, politicians, and civil servants, including Sir William Armstrong, Marconi, the Wright Brothers, Leo Szilard, Sir Barnes Wallis, Sir Christopher Cockerell, the Earl of Derby, Sir Harold Wilson, and the now forgotten civil servant Mr Clode, Solicitor to the War Office in the 1860s; it ends, as the thirty year rule demands, in the 1960s.
The First Secret Patent
Authors: O’Dell T H 
Published: October 2023

Abstract
On 6 August 1855 one John Macintosh left a provisional specification at the Patent Office in London entitled ‘Certain Improvements in the Application of Incendiary Materials to be Used in Warfare’. This was not the first time that Macintosh had applied for a patent. In fact, it was the fourth time that year, his previous ideas for 1855 being in the more peaceful fields of pens, springs, and matches. His application on 6 August is of particular interest for this book, however, because it became what may be the first example of the British government suppressing the publication of a patent specification.
The Second World War
Authors: O’Dell T H 
Published: October 2023

Abstract
Writing of the Great War of 1914-18, Randolph S. Bourne (1886- 1918) put forward the slogan ‘War is the Health of the State’ in one of his essays (Resek (1964), 71). Bourne also remarked upon the enthusiasm with which men with administrative or managerial expertise had volunteered for military service in the war, ‘as if the war and they had been waiting for each other’ (ibid. 60). In the Second World War we find a very similar situation with men of technical expertise, the ‘boffins’ as they were called in the United Kingdom, although the origin of this new word has been lost.
Explaining American Exceptionalism zn Corporate Law
Authors: Romano Roberta 
Published: October 2023

Abstract
State competition for corporate charters is unique to the United States of America (USA). This chapter examines American exceptionalism in corporate law by contrasting the legal rules, institutions, and corporate ownership patterns of other federal systems, Canada and the European Community (EC), that impede a state or nation-state’s ability to exercise effective juris diction over firms, thereby preventing corporate charter competition. Although Canada has a federal system-firms can incorporate in one of ten provinces or under the Canada Business Corporations Act (CBCA) as a national corporation--an active market for corporate charters has not developed. Similarly, the Treaty of Rome envisions a federal system for the EC, with its integrated economic market, but it has not fostered corporate charter competition among EC members, despite concerns by corporate law commentators that it would.
Institutional Competition and Coordination zn the Process of Telecommunications Liberalization
Authors: Scott* Colin 
Published: October 2023

Abstract
The United States of America (USA) and the European Union (EU) face the same set of basic issues in telecommunications policy. Both must respond to and support technological and economic changes affecting the telecommunications industry, in particular the convergence of telecommu nications, computing and broadcasting, so as to assure the greatest possible yield of benefits to the widest possible distribution. Yet, despite this common objective, the telecommunications policies of the USA and the EU differ in significant respects. Some of these differences can be explained without reference to regulatory institutions-disparate demographic, geographical, and socio-economic factors ordinarily lead to disparate policy choices.
The Parliamentary Commissioner For Administration: Perspectives On Good Administration
Authors: Woodhouse Diana 
Published: October 2023

Abstract
Common to both models of public administration is the part played by the PCA. Indeed, his role in relation to the administrative process has increased in the 1990s. There are several reasons for this. Firstly, the internalization of appeal procedures means that in many cases the PCA has become the only external mechanism for the redress of grievances. Secondly, the Citizen’s Charter has contributed to the development of a complaints culture. It has also provided the PCA with a possible further checklist as to what constitutes maladministration, and, thirdly, the PCA now has a remit to accept grievances with regard to the operation of the Code of Practice on Access to Government Information.
The Courts And Public Administration
Authors: Woodhouse Diana 
Published: October 2023

Abstract
Unlike some continental counterparts, the British Civil Service is not dominated by those with legal training. Lawyers are employed as specialist legal advisers but seldom as administrators and there is generally a lack of ‘interaction in ordinary business between civil servants and lawyers’ . As a result ‘neither wholly understands the other’s point of view and the civil servant is not as responsive to problems about law as he is to problems about politics.’ This accords with the domination of political rather than legal accountability in the British system of government, and with the constitutional position of civil servants as publicly accountable through the minister to Parliament, a position that became established during the nineteenth century and owed much to the apparent success of the mid nineteenth century Parliament in its role as scrutineer and controller of government.
Developing Tensions
Authors: Woodhouse Diana 
Published: October 2023

Abstract
The coincidence of a new public management model of public administration and an interventionist judiciary has resulted in increasing tension between the executive and senior judges. This tension is apparent in the territorial claims, based on the separation of powers, made by both sides, and in the assertion of constitutional principle. From a judicial perspective it arises from Treasury interference in the administration of justice and from the Government’s law and order policies, in particular those relating to sentencing. It would also seem to stem from an underlying concern that rights are being eroded or, at least, that concepts like fairness and reasonableness are taking second place to cost savings.
Judicial Perspectives On Good Administration: The Individual Interest
Authors: Woodhouse Diana 
Published: October 2023

Abstract
The belief that the courts play an active part in fostering principles of good administration is widely held. Indeed, some commentators have argued that the substantive rules, broadly classified as legality, procedural propriety, rationality, and possibly proportionality, themselves amount to principles of good administration, containing, as they do, requirements of fairness, reasonableness, the proper use of power and the absence of bad faith, capriciousness and arbitrary decision making. Moreover, it has also been suggested that how these rules are applied is determined by the judicial view of the proper scope of public administration in the particular case.4 This may account for judicial dicta which sometimes sees good administration as protecting the individual (the main concern of this chapter) and sometimes as aiding administrators and the administrative process and hence the public interest (the subject of Chapter 8). However, the judicial perspective of good administration5 is not limited to the content of the substantive rules or grounds for judicial review. It goes beyond the legal requirements.
Private International Law Redefined
Authors: Lowenfeld Andreas F 
Published: October 2023

Abstract
Fifteen years ago, I gave a short course at the Hague Academy of International Law entitled ‘Public Law’in the International Arena’. My purpose then was to break down the to me unconvincing separation between public and private international law, by focusing on those areas in which private and public interests, and often the interests of two or more states, collided. The lectures were well received-in the sense that they stirred a good deal of comment and reaction, and no little controversy. The lectures also contributed to the agenda, and the approach, of Part IV of the American Law Institute’s Restatement (Third) of the Foreign Relations Law (1987), with which I was associated for close to a decade, and that work in turn stimulated my case- and textbook on International Litigation and Arbitration (1993).
Jurisdiction of Courts
Authors: Lowenfeld Andreas F 
Published: October 2023

Abstract
The bases of judicial jurisdiction in civil actions are much less controversial than the subjects discussed thus far. Actor sequitur forum rei is the fundamental principle accepted virtually everywhere. Plaintiff follows the defendant to the latter’s forum, i.e., to the defendant’s domicile. Evidently jurisdiction founded on defendant’s domicile is not sufficient, and the discussion here, as in other dicussions of the subject, will quickly turn to other bases, some controversial, some almost universally agreed. I want to raise four questions concerning jurisdiction of courts over non-residents.
More on Discovery: The Hague Evidence Convention
Authors: Lowenfeld Andreas F 
Published: October 2023

Abstract
In the preceding chapter, after a somewhat abstract discussion of fact-finding in American litigation, the cases used to illustrate the controversies over transnational discovery were all based on some kind of public law, from enemy property to antitrust to securities regulation to tax evasion and the drug trade. Iii this Chapter, addressed to the Hague Evidence Convention, we come back to the first strand of the Justizkonflikt, American private tort litigation, primarily based on liability for injuries caused by products alleged to be defective. Such litigation nearly always depends on some sort of fact-finding directed to the design and manufacture of the product. As the United States, which had been net exporter until the early 1970s, became a massive importer of automobiles and machinery, and European-made aircraft began to be involved in accidents in the United States, the Hague Evidence Convention took on increasing importance, viewed by some as an aid in procuring information located abroad, by others as a shield against disclosing such information.
Party Autonomy: The 1riumph of Practical Considerations
Authors: Lowenfeld Andreas F 
Published: October 2023

Abstract
Throughout this volume, we have explored conflict and disagreement—about jurisdiction to prescribe, jurisdiction to adjudicate, responsibility of multinational enterprises, enforcement of judgments, and scope of disclosure or discovery in international controversies. In truth, the area of disagreement is not quite as vast as the preceding chapters would indicate. Nearly everyone agrees, today, (1) that parties to a commercial transaction (putting aside certain consumer contracts) may agree on the law applicable to their relations; that they may choose the forum to resolve any disputes that may arise between them; and (3) that they can remove state organs almost completely from the process of adjudication by choosing to have their disputes resolved by arbitration.
Law in Environmental Decision-Making
Authors: Steele Jenny , Jewell Tim 
Published: October 2023

Abstract
This book does not aim to deal with an exhaustive series of legal issues in respect of the environment. Instead, its chapters are concerned with a range of legal frameworks, and a number of sources of environmental law. Included here are elements of national law; of the law and policy of the European Union; and of international law. In respect of these different sources, the chapters address aspects of one broad question: to what extent is law —in a variety of forms —able to play a positive role in decisions having an environmental impact? This question is taken not only to include issues of law-making and legal decision-making on the part of legislatures, courts, or agencies; but also to take in issues about the application of law, and the way it is received by other actors.
Institutional Shareholders and Corporate Governance
Authors: Stapledon G P 
Published: October 2023

Abstract
This book examines the role of institutional shareholders in corporate governance, which is the system by which companies are directed and controlled. This is a subject of great concern to "public companies", their management, their shareholders and their employees. The recent concern about the effectiveness of corporate governance in a number of different countries has produced an outpouring of books and other publications including the Cadbury Committee Report which sought to address the principal problems arising in the UK. The unusual feature of this book is that it compares systems operating in Australia with those in the UK while at the same time also looking carefully at US, German and Japanese experience. The significance of the subject matter of this book lies in the fact that institutional investors collectively hold a very large proportion of the equity capital of the UK "corporate sector", and a sizeable proportion of the equity capital of the Australian equivalent. In addition domestic companies in turn occupy an extremely significant position in the UK economy and a significant one in the Australian economy. How these companies are managed is of very great significance to the economies of these countries.
Tracing, Mixing and Laundering
Authors: Moriarty Stephen 
Published: October 2023

Abstract
If property is misappropriated in circumstances where title to it can still he asserted by the victim, by most people’s standards it would mock common sense for the remedies otherwise available in respect of that property (whether against the rogue or third parties who take from him) to be thwarted solely by the substitution of that asset for some other. Where the property is mixed with other property before the substitution takes place, the common sense of the matter may not always be so self-evident. If the victim’s property has become indistinguishably mixed in a common stock of assets which has been substantially squandered before being used to acquire other items of property, it is at least open to debate whether it makes much sense to treat the victim any differently from the person whose property was consumed straight away. In the most extreme case, however, the fact remains that it would seem little short of capricious to make the continued availability of the victim’s remedies depend upon whether his £1,ooo was mixed with another £1 before an asset was acquired out of the fund. At the risk of gross over-simplification, ‘tracing’ is the technique (to use a neutral word for the present) which forestalls these affronts to common sense by providing, to a greater or lesser extent, for a person’s remedies in respect of his property to endure, notwithstanding the replacement, or mixing, of his original asset with other property.
After Change of Position: Good Faith Exchange in the Modern Law of Restitution
Authors: BARKER KIT 
Published: October 2023

Abstract
The advent of the defence of change of position in English law is significant for at least two reasons. First, it is likely to spur a more liberal approach by the courts to restitutionary causes of action. Armed at last with a more sensitive mechanism for controlling restitutionary rights, judges will now be happier to grant these a longer leash. Secondly, the appearance of the new defence requires us to review carefully the scope of those which preceded it; to determine whether any of these are now redundant, or whether (and if so, in what detail) they continue to have a contribution to make to the modern law.
Overview: Tracing, Claiming and Defences
Authors: Birks Peter 
Published: October 2023

Abstract
The aim of this chapter is not to summarize all that is said in the previous ones but to attempt an overview of the principal questions which arise in the subjects which have been discussed. Some questions relating to defences, especially the new defence of change of position, tend to work their way back into the substance of tracing and claiming, but the chapter none the less divides the overview fairly cleanly into two parts. The first is essentially about tracing and the relationship between tracing and claiming; the second is about defences. Defences have acquired a new importance. The recognition of the defence of change of position will have a profound impact on the whole organization of the law of restitution.
Contracts in Relation to the Exploitation of Intellectual Property Rights: Jurisdiction
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
There are two types of contract in relation to intellectual property. Our analysis is only concerned with contracts for the exploitation of intellectual property rights. It is not concerned with contracts where the intellectual property right is not the central element. For example, this chapter will not deal with the issues arising from a contract between the inventor and a patent agent in which the latter is instructed to file an application for a patent.
Infringement: Preliminary Matters
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
As has been discussed above, intellectual property rights are granted on a national basis, along the lines of the national intellectual property statutes. It is quite normal though for these intellectual property rights to be exploited internationally. This gives rise to jurisdictional problems in infringement cases.Chapters 5 and 6 deal with jurisdictional provisions and their application in infringement cases. Before turning to these provisions, there are some preliminary matters that need to be discussed.
Infringement: Jurisdiction Under the Traditional Rules
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
In the situation where the EC/EFTA rules, outlined in the previous chapter, do not apply, recourse must be had to the traditional rules on jurisdiction. These rules are more complicated than the EC/EFTA rules. It is not simply a question of finding a basis of jurisdiction in respect of a foreign defendant, it also has to be asked whether the English court will exercise its discretionary powers to stay the action. Moreover, in infringement cases, there are subject matter limitations in relation to jurisdiction which do not exist under the EC/EFTA rules.