bluuebunny/crossref_metadata_2025_split huggingface dataset:
Women, Family and Property: British Songs of Innocence and Experience
Authors: Bottomley Anne 
Published: November 2023

Abstract
Although it already seems history, in the sense of a distant past, it is worth recalling that in the 1970s and 1980s, when the women’ s movement in the UK attempted to encapsulate the struggle in a series of ‘ demands’ ; the fifth demand was for ‘ women’ s financial and legal independence’ . This gave rise to a specific campaign group (The 5th Demand Group) and also gave a focus to a series of strategies developed by other women’ s groups, including the women’ s legal collective ‘ Rights of Women’.1 A major concern for feminists within these campaigns was (and is) to argue that, whilst we must recognize the structural inequalities that women suffer from, any legal strategies developed as an attempt to mitigate this must not reproduce models of dependency.
Marriage, Motherhood, and Old-Age Security in the UK
Authors: Joshi Heather 
Published: November 2023

Abstract
Legal marriage gives public recognition of a couple’ s commitment to each other. The institution serves many functions, among them: bearing and rearing children, a division of labour between husband and wife, a pooling of resources, regulation of property, regulation of sexuality, and the provision of emotional and economic stability. This chapter draws attention to a particular aspect of the last feature: marriage as a source of financial security for women in old age. Wives, especially mothers, are almost invariably the financially dependent partner, usually outlive their husbands, and are normally ‘ provided for’ as widows. Marriage is the major mechanism by which those whose work is unpaid gain access to income.
Divorcing Children: Roles for Parents and the State
Authors: Richards Martin 
Published: November 2023

Abstract
The basic argument of this chapter is simple: that parental divorce often damages the life chances of children and the state could, and should, act more firmly to head off some of this damage. In Britain, as in most industrialized countries, the state does intervene at divorce, adopting the rhetoric of preserving or enhancing the best interests of the child. However, such good intentions usually fail because there is little understanding or agreement about what the best interests might be. Where there are clear policies they are usually more concerned at reducing government spending, whether on the judicial system or on direct or indirect support for post-divorce households with children. The chapter will begin by outlining the evidence about the effects of parental divorce for children, before turning to the issue of state intervention in the arrangements that may be made for children.
The Criminal Justice Systems of The Netherlands and England1
Authors: Downes David 
Published: November 2023

Abstract
Comparative criminology is nothing new. In their broadest sense, of contrasting institutional arrangements and/or forms of conduct between whole societies, comparative studies have long been an invaluable, though under-used, resource in historical and socio-economic studies. Travels abroad can be as influential as journeyings at home in the realm of criminal and penal policies. It is difficult otherwise to account for such phenomena as the rapid rise of the penitentiary across the continents of Europe and North America in the first few decades of the nineteenth century. More recently, the appeal of victim-related measures has, from relatively small beginnings in the United States in the late 1960s, fanned out to most liberal democratic societies around the globe. From time to time, Britain has attracted streams of enquirers into the workings of the latest penal or reformative innovation. The Borstal system in the interwar period was much admired abroad. Latterly, the Barlinnie Special Unit offered a ray of hope to those who aim to open up greater possibilities of freedom within walls. In the late 1940s, the Henderson Hospital was one source of inspiration for those embarking on the planning of a new wave of mental hospitals for offenders designated mentally ill in The Netherlands. Reformers naturally look for different things at different times.
Post-war Penal Trends in The Netherlands and England
Authors: Downes David 
Published: November 2023

Abstract
THE broad picture of contrasting trends in penal populations in Britain and The Netherlands is by now familiar to many who have even a passing interest in such matters. Over the past few years, not only have a number of sources dealt explicitly with the contrast in some detail (some of which compare the situation in The Netherlands with societies other than Britain, e.g. Rutherford 1984; Steenhuis et al. 1983), but also the theme has emerged quite distinctly in a number of television documentary series about penal policy in Britain (e.g. London Weekend Television’s ‘Once a Thief ...? in 1986). As a result the contrast between the penal estates of the two societies in terms of a central and indisputable feature-that over a lengthy period there has emerged a sharp and growing divergence in the relative size of their respective prison populations-has gained widespread currency. What remains more problematic, however, are the origins, character, and consequences of that divergence and their implications for penal policy in the future.
Theories of Decarceration: Problems of Accounting for Sentencing Trends in The Netherlands
Authors: Downes David 
Published: November 2023

Abstract
ON the assumption that the reality of the trends dealt with in Chapter 2 have been established, and that they cannot be explained away in terms of crime rates, dear-up rates, or hidden sanctions, the problem remains of accounting for them at all adequately. The problems are particularly acute in the Dutch case, since the rough parallelism between crime rates and rates of custodial sentencing in England are more in line with the canons of consistency and seriousness imputed to sentencers by research into sentencing process. That is not to say that the levels at which consistency and seriousness have come to operate in England are not in themselves problematic. It is that the problems of explanation in the Dutch case are compounded by their evident departure from such canons, despite an operational commitment to them. Nor is it readily apparent that commonsense accounts (which social scientists, if we can use such a pejorative term, are exhorted by politicians to emulate) do the job for us. Both English and Dutch sentencers tend to say alike that they use prison as a ‘last resort’, avoid it in ‘trivial’ or ‘first offences’ wherever possible, and disregard the availability of prison places as a factor in their sentencing. Such affirmations would predict similarity in sentencing trends, rather than the distinct differences that have obtained in the post-war period.
Consequences of Sentencing Trends in The Netherlands
Authors: Downes David 
Published: November 2023

Abstract
BY far the most contentious aspects of the study of sentencing policy are the possible consequences that may be attributed to it. In so far as Dutch sentencing policy has figured in debates about penal policy in Britain, most controversy has centred around the alleged costs and benefits of adopting a similar policy. Those opposed to a more lenient sentencing policy (not least, the Police Federation) have argued that it has led in the Dutch case to a disproportionate rise in the crime rate. Those in favour tend to stress the more tangible benefits that a relatively small prison population can experience in terms of conditions and human rights. Little more can be attempted here than assessment of the difficulties involved in elucidating these issues.
Contrasts in Tolerance: Criminal Justice Policies in The Netherlands and England
Authors: Downes David 
Published: November 2023

Abstract
IN September 1986, in his opening address to the Penal Congress convened to celebrate the centenary of the Dutch Penal Code,Jan van Dijk, head of the Research and Documentation Centre of the Ministry of Justice, spoke of the criminal justice system in The Netherlands as being ‘in serious trouble’. Though no equivalent congress was held, or is readily imaginable, in England, the phrase could equally well, in a year which saw serious rioting in several prisons—one of which was so badly damaged that it has been closed—have been employed to describe the situation there. Although linked by the fact that in both societies rising crime has produced a crisis in penal capacity, the two sorts of ‘serious trouble’ have otherwise profoundly different characters. In England, the obligation of the prison service to accept all persons custodially sentenced by the courts has led to its functioning as a depository for the failure of ‘the system’ to diminish the flow of inmates. The failures of the system are both those of the criminal justice process to use non-custodial measures, and of the larger society to check the rise in crime which feeds it. In The Netherlands, the commitment to keep the size of the prison population within i:he limit set by penal capacity, on a one-to-a-cell basis, has meant that the ‘serious trouble’ arises earlier in the criminal justice process: at the point where, for example, serious offenders have been released from remand in custody because of lack of cell space. The shape of the policies to address the problems also differ quite profoundly.
Corporate Governance And The Auditor
Authors: Rutteman Paul 
Published: November 2023

Abstract
The Cadbury Committee was set up by the Financial Reporting Council, the London Stock Exchange, and the accounting bodies in response to mounting criticism of the quality of financial reporting and the effectiveness of the audit. The context was some well-publicized major scandals involving fraud and the sudden collapse of a number of companies shortly after receiving clean audit opinions. The accounting profession took the initiative in order to deal with the much discussed but ill-defined ‘expectations gap’.
Takeover Bids And United States Corporate Governance
Authors: Lipton Martin , Parmer Morris 
Published: November 2023

Abstract
During the two decades prior to 1990 the hostile takeover bid was the principal tool of corporate governance in the United States. The takeover bid was considered by Wall Street and many academics to be the most effective means by which corporate management could be held accountable for substandard performance or failure to optimize shareholder value. As the number and size of hostile bids grew in the 1970s, they ultimately evolved into the dreaded ‘two-tier, front-end-loaded, bootstrap, junk bond-financed, bust-up takeover’.
The Challenges of Commercial Reorganizations in Insolvency: Empirical Evidence from England
Authors: Rajak* Harry 
Published: November 2023

Abstract
On 29 December 1986 the UK Insolvency Act 1986 (IA) came into force, enacting, inter a/ia, an entirely new corporate rescue regime entitled administration.1 This was a revolutionary development at least in one sense, inasmuch as it provides a corporate debtor with statutory protection (an automatic stay) against enforcement of any claims by its creditors in circumstances other than liquidation. This paper describes a research project,2 still in progress, in which data concerning all companies placed in administration in England and Wales in the first four years of its regime has been collected and is being analysed.
Should We Abolish Chapter 11? The Evidence from Japan
Authors: Eisenberg Theodore , Tagashira* Shoichi 
Published: November 2023

Abstract
Optimizing reorganization proceedings for small and midsized businesses is an important issue in every industrial country. But little information exists about the actual operation of such proceedings. Recent American bankruptcy studies focus either on consumer bankruptcies or on large chapter 11 cases involving publicly listed firms. This paper presents the results of a comprehensive empirical study of Japan’s most frequently used business bankruptcy reorganization provision.
Methodological Issues in Cross Country Comparisons of Commercial Bankruptcy Law: Comment on Papers by Eisenberg Ta gashira, and Rajak
Authors: Gilson* Stuart C 
Published: November 2023

Abstract
The large number of corporate bankruptcies recently seen in most developed market economies has inspired an active debate over what kind of bankruptcy system best serves the goals of public policy and economic efficiency. In the USA reorganization practices as embodied in chapter 11 of the US Bankruptcy Code have come under increasing attack from legislators, academics, and the media. Such criticism has led some to pro pose replacing chapter 11 with an alternative system patterned after the bankruptcy law of some other country, or that takes a market based (rather than legal) approach to dealing with corporate insolvency.’
Some Observations on Fairness, Public Policy, and Reciprocity in Cross-Border Insolvencies
Authors: Boshkoff Douglass G 
Published: November 2023

Abstract
Section 304 of the Bankruptcy Code authorizes ancillary American bankruptcy proceedings upon the request of a foreign insolvency representative. Much has been written about this provision, perhaps an excessive amount considering the relatively small number of times that this statutory fragment has been utilized since it became effective in 1979. Instances of direct application, of course, are not the only measure of this section’s importance. Congress’s authorization of ancillary administrations has been considered important even when no section 304 proceeding was commenced. An accurate assessment of the current American willingness to cooperate with other countries in reaching the best solution to an insolvency problem requires attention to events occurring outside the bankruptcy court.
The Role of Her Majesty’s Inspectorate of Pollution
Authors: Slater David 
Published: November 2023

Abstract
Is HMIP the linchpin of Integrated Pollution Control? That is an interesting view, and not a bad one. Perhaps ‘fulcrum’ captures rather better the notion of HMIP as providing the balance point between two apparently opposing interests. Whether they are actually strongly opposed is a moot point. Economic growth is essential if we are to maintain and improve living standards around the world, and to afford the care for the environment that sustainable development demands. But it is important to emphasize that HMIP appreciates that IPC is only one device which the Government has available to implement its overall strategy for environmental protection. There are other devices; some are already in place; others may come in the future.
Environmental Barriers to Trade and European Community Law
Authors: Coleman Martin 
Published: November 2023

Abstract
Balancing free trade and environmental protection is a delicate exercise. Regard for the environment, particularly in richer, industrialized countries, has led to the rapid development of environmental legislation which has had the effect of restricting trade: the potential for protectionist ambition to masquerade as environmental concern—’green protectionism’ —is apparent. This paper examines the problem at European Community level in its worldwide context.
Environment and Trade: The GATT/WTO Regime in the International Legal System
Authors: Kingsbury Benedict 
Published: November 2023

Abstract
Connections between environmental protection and international trade have been recognized for many decades. In recent years the political rise of environmentalism has focused acute attention on possible conflicts between environment and trade values and rules. National environmental law has become more comprehensive and more central in most polities, and present or proposed measures of environmental protection often touch matters addressed by international trade rules. International environmental law has also developed rapidly, with little systematic consideration of its relation to existing or evolving rules of the international trading system. The ability of institutions engaged with the law and policy of international trade to take account of environmental law and policy has varied sharply. The principal global trade institution of the period since the Second World War has been the General Agreement on Tariffs and Trade (GATT), which has evolved considerably through practice and through formal agreements reached in eight negotiating rounds culminating in 1994 in the Uruguay Round agreements folding GATT into the newly established World Trade Organization (WTO). The inability of the GATT/WTO regime to adapt trade rules to take fuller account of emerging environmental concerns has led to present and potential conflicts, not only of policy but also of legal obligation.
Co-ordination of Anti-Dumping and Competition Considerations at the Domestic Level
Authors: Marceau Gabrielle 
Published: November 2023

Abstract
Before proposing a fusion of anti-dumping and competition laws in NAFTA(which is done in Part IV), the present chapter focuses on the state of the law, i.e. on the actual interaction and co-ordination of competition considerations in national anti-dumping laws. Competitive considerations can be introduced, by various means and at various levels, into the anti-dumping process in order to render anti-dumping laws more competitive and to reduce the level of anti-dumping duties. For instance, anti-dumping duties could be reduced if (1) the margins of dumping are reduced;1 (2) anti-dumping duties would not cover the full margin of dumping; or (3) the interests of various interest-groups were considered when assessing causal injury. If commercial users and consumers had more procedural and substantive rights in the antidumping process, antidumping determinations would probably be more competitive. This would tend to dissolve and reduce the national privileges in favour of regional consideration of strongest interests. Private enforcement by commercial users would be an efficient way towards the gradual introduction of regional competition considerations.
Experiences of Other Free-Trade Areas in Dealing with Internal Trade Measures
Authors: Marceau Gabrielle 
Published: November 2023

Abstract
The purpose of this chapter is to look at the way states which share closer economic relations have dealt with anti-dumping and anti-trust issues and other transnational restrictive business practices. Five models of free-trade agreements are analysed for their different solutions in dealing with competition: (1) the European Free Trade Association, EFTA; (2) the free-trade agreements between countries of the EFTA and the European Economic Communities (EEC), hereafter called ‘EFTA-EEC FTAs’; (3) the new European Economic Association agreement, the EEA; (4) the new free trade area between the EEC and Poland (together with Czechoslovakia and Hungary, called the Europe Agreements); and (5) the free-trade area between Australia and New-Zealand at its different stages, the Australia New Zealand: Closer Economic Relations-Trade Agreement, hereafter called the ‘Trans-Tasman CER’.
Parameters, Issues, and Comments on an International Code on Competition
Authors: Marceau Gabrielle 
Published: November 2023

Abstract
As discussed in Chapter 2, the idea of an international agreement regulating restrictive and detrimental practices by firms is by no means new. Labour, peace, and trade organizations have at various times suggested that the behaviour of private firms should be regulated so that they do not inhibit efforts by states to stimulate trade, increase welfare and quality of life, and ultimately, avert wars. The idea of an international code on competition is now back on the agenda of international fora because of trade imbalances. Newspapers are full of US condemnations of Japanese business practices and European subsidies.
Conclusion
Authors: Marceau Gabrielle 
Published: November 2023

Abstract
Actual policies, substantive rights, and procedural standards of anti-dumping laws differ from those of anti-trust (or competition) laws. It was argued in Chapter 3 that the differences between rights and obligations imposed on domestic producers, as opposed to those imposed on foreign exporters, violate the obligation of National Treatment as contained in Article III of the GATT and Article 301 of the NAFTA. Within a free-trade area, the difference in treatment between domestic firms (and firms from another member state may become more apparent and counteracts the efforts of member states to create a free-trade territory.
Conditions & Consequences of Participation
Authors: Cohn Ilene , Goodwin-gill Guy S 
Published: November 2023

Abstract
WE INVESTIGATED THE TRAINING PROVIDED and tasks assigned to younger soldiers in an attempt to understand whether there are any military-strategic rationales for using children, rather than adults, in the course of hostilities. Whenever the use of children was deliberate, the strategy was seemingly based only on the expendability or the exploitability of children. Iranian children, for example, were sent in waves over minefields. Mozambique’s RENAMO and Cambodia’s Khmer Rouge in tum exploited the vulnerability of children, recognizing that a brief period of mental terror and physical abuse produced particularly fierce warriors.1 A journalist who visited Afghan Mujahedin training schools and camps for minors observed children at their usual task of carrying water.
Findings & Recommendations
Authors: Cohn Ilene , Goodwin-gill Guy S 
Published: November 2023

Abstract
THIS STUDY HAS BROADENED OUR own understanding of the reasons why children take up arms or are forced to fight, even as it has confirmed the complexity of the issue, at the levels of law, policy and programmes. This work is very much part of a process; we hope it is a step towards showing that something can be done to prevent children from taking up arms, and that it provides some ideas and suggestions for the development of responses to this tragic and avoidable phenomenon.
New Zealand
Authors: Barnard Laurette 
Published: November 2023

Abstract
New Zealand is a common law country. Its law on jurisdiction is derived partly from statute (which has overriding force) and partly from precedent. In the absence of a New Zealand statute or precedent in point the courts will refer to the case law of other common law countries and academic commentaries as persuasive authorities.
The New Zealand courts are generally entitled to exercise jurisdiction in personam whenever the defendant has been validly served or submits to their jurisdiction:
Service can be validly effected whenever the defendant (or his or her authorized agent) is present in New Zealand, however temporarily.
The courts will be vested with jurisdiction in personam where litigants over whom they would not otherwise enjoy jurisdiction submit to their jurisdiction. Submission can be express, such as where the litigants have incorporated a New Zealand forum clause in their contract.
Switzerland
Authors: Siehr Kurt 
Published: November 2023

Abstract
The Swiss law of civil procedure is not unified. There is one statute dealing with procedure in the Federal Court whereas the procedure of the inferior courts is regulated by codes of civil procedure in every one of the twenty-six cantons. None of these statutes provides proper rules for forum non conveniens (as to exceptions see below, at I, 3(c)) and legal theory has not developed such a doctrine. Swiss literature on forum non conveniens is mainly limited to information about the doctrine of forum non conveniens as applied in foreign countries. Efforts to introduce and codify such a doctrine have not been successful.
The Swiss system of jurisdiction, as in many other continental European legal systems, is based on at least two basic principles. First, the defendant has to be sued in the place with which he is most closely connected (normally his domicile or habitual residence). The physical presence of the defendant or his subjection to the power of competent courts is not decisive. The other principle is that the plaintiff is more or less given the right to bring his cause of action in this place of principal jurisdiction.