bluuebunny/crossref_metadata_2025_split huggingface dataset:
Codifying Directors’ Duties*
Authors: Arden Mrs Justice 
Published: October 2023

Abstract
My purpose in this essay is to consider the case for codifying the duties of a director of a company. I will begin by summarising the fiduciary duties of directors as they stand at the moment. Obviously any discussion of the precise content of those duties could fill the whole of this essay on its own. I propose to work on the basis that the main features are as described in Gower’s Principles of Modern Company Law.That work states that there are effectively four rules. First, directors must act bona fide in what they consider is the best interests of the company, and those are the words used by Lord Greene MR in Re Smith and Fawcett Ltd. Directors therefore cannot use their powers to benefit third parties or themselves. Secondly, directors must exercise their powers for the purpose for which those powers are conferred.
Sovereign States and Vengeful Victims: The Problem of the Right to Punish
Authors: Maccormick Neil , Garland* David 
Published: October 2023

Abstract
‘Revenge,’ said Bacon, ‘is a kind of wild justice’. Is justice then no more than revenge tamed? Or, to put the question less figuratively, how does and should the criminal justice process relate to the sense of injury or grievance felt by those who are in one form or another victims of criminal misconduct? In what interest and for whose sake is punishment imposed by the State on convicted criminals? Is public justice to be considered as something set apart from the vindication of private right, or is it simply one form of process that human beings have devised for protecting the rights each of them has as an individual? These questions have a sharp contemporary point in view of the prominence given by the media nowadays both to the injuries suffered by victims, and to the demands of victims and their families for punishment stiff enough to assuage the sense of grievance or resentment they actually feel.
Making the Courts Safe for the Powerful: the Commercial Stimulus for Judicial Autonomy in Reforms of the United States’ Bankruptcy Law
Authors: Halliday Terence C , Carruthers Bruce G 
Published: October 2023

Abstract
The institutional foundation of limited government in the United States received its most eloquent early defence by New York lawyer, Alexander Hamilton, later to be founder of the Bank of New York and an architect of the national banking system. Writing in The Federalist Papers, a widely circulated tract that sought to persuade New Yorkers to ratify the new federal constitution, Hamilton averred that ‘courts of justice are to be considered as the bulwarks of a limited Constitution against legislative encroachments’. Against the legislature, the courts provided a balance against majoritarian tyranny; against the executive—and, formerly, the monarchy—independent courts erected ‘a barrier to despotism’.
International Law, the Individual, and A.W. Brian Simpson’s Contribution to the Defence of Human Rights
Authors: Mole* Nuala 
Published: October 2023

Abstract
As we commence a new millennium, it seems we have come to live in a world in which the press, politicians, and public figures are always ready to make use of the term ‘human rights’. It is invoked in encapsulating aspirations of social equality, in expressing a sense of outrage at brutality or cruelty, as well as in emphasizing the importance of the rule of law in achieving justice for individuals and marginalized groups. The proposition that human rights should be observed and respected is virtually unchallenged, but one only has to open a newspaper to see how frequently states disregard in practice even those fundamental rights which are universally recognized.
A Common Law of Human Rights? Transnational Judicial Conversations on Constitutional Rights
Authors: Mccrudden* Christopher 
Published: October 2023

Abstract
Brian Simpson’s unquenchable and infectious intellectual curiosity has resulted in his pursuing as wide a range of scholarly interests as any other legal academic of his generation. Two of these interests are reflected in this article: the role of precedent, and the pursuit of human rights. It is offered as an inadequate ‘thank you’ for the insights and friendship he has given my family and me over the years.
Tears of the Law: Colonial Resistance and Legal Determination
Authors: Fitzpatrick Peter 
Published: October 2023

Abstract
I sometimes fear the Duke of Wellington is too much disposed to imagine that he can govern a great nation by word of command, in the same way in which he governed a highly disciplined army. He seems to be unaccustomed to, and to despise, the inconsistencies, the weaknesses, the bursts of heroism followed by prostration and cowardice, which invariably characterize all popular efforts.
Due Process and Wager of Law: Judicial Conservatism in the Tudor Common Pleas
Authors: Baker J H 
Published: October 2023

Abstract
These words inscribed on the tomb of Mr Justice Walmsley (d. 1612), formerly in Blackburn Church, Lancashire, make but a transparently veiled reference to the judge’s well-known qualities as a judicial conservative and habitual dissentient.2 Walmsley was imbued with a blunt, robust common sense strongly reminiscent of Lord Bramwell. In his heyday he was the leader, and in his latter years the last surviving loser, of the intellectual struggle between his own court (the Common Pleas) and the King’s Bench over recent developments in the common law.
The Role Of Scientific Evidence in the Assessment Of Causation in Medicinal Product Liability Litigation
Authors: Goldberg Richard 
Published: October 2023

Abstract
The role of scientific evidence in proving causation is becoming increasingly significant in tort litigation. This role is particularly relevant when assessing causality in cases involving liability for medicinal products. The present paper discusses the importance of the use of probabilistic evidence in such cases and suggests that statistical devices, such as Bayes’ Theorem, could be useful in medicinal product liability litigation for solving causation problems which are recalcitrant to non-numerical solutions.
The BSE Crisis: A Study Of The Precautionary Principle and The Politics Of Science in Law
Authors: Holder Jane , Elworthy Sue 
Published: October 2023

Abstract
The crisis over BSE (bovine spongiform encephalopathy) or ‘ mad cow disease’ provides fuel for several contemporary debates: the social and environmental impact of intensive farming; the survival of British sovereignty in the face of sweeping action by the European Union; and the nature of a modern ‘Risk Society’, in which perceptions of risk and the actuality of risk are conflated.I
The Risks and Dangers Of Experts in Court
Authors: King Michael , Kaganas Felicity 
Published: October 2023

Abstract
One of the remarkable achievements of modern law is the evolution of a concept of expertise which is both highly specific and, at the same time, is able to encompass an extraordinarily wide range of claimants to specialist knowledge. According to the law of evidence, what distinguishes experts from other witnesses is their knowledge of specialist matters which do not fall within the realm of the knowledge that judges (and juries) could be expected to possess.
Early Court of Justice Regulation of Member State Remedies and Procedural Rules
Authors: Ward Angela 
Published: October 2023

Abstract
Early in the development of the doctrine of direct effect, the European Court of Justice employed a policy of minimal interference in the autonomy of national courts to apply their own remedies for breach of directly effective Community measures. While directly effective EC rules were to be applied in preference to conflicting national laws, in ordinary circumstances the supremacy rule had no impact on the operation of domestic sanctions and procedures. The Court of Justice designed a loose formula which provided that national remedies and procedural law should be attached to claims based on EC measures, provided that: (a) the national rules were not less favourable than those governing analogous domestic actions (the principle of non-discrimination, sometimes termed the principle of equivalence); and (b) the national rules did not make it impossible in practice to enforce the rights claimed (principle of effectiveness).1
Free Press and Fair Trial: Challenges and Change
Authors: Smith A T H 
Published: October 2023

Abstract
The implementation of the Human Rights Act 1998 affords an appropriate occasion to look afresh2 at the law governing the complex interrelationship between free press and fair trial, particularly as it relates to the publication of prejudicial pre-trial material. United Kingdom law regulating this area, the Contempt of Court Act 1981, was enacted under the spur of the European Convention of Human Rights, and as a result of the decision of the European Court of Human Rights in Sunday Times v United Kingdom. That Act was intended to effect a ‘permanent shift in the balance of public interest away from the protection of the administration of justice and in favour of freedom of speech’.5 The purpose of this contribution to the celebration of the work of Sir David Williams6 is to ask whether, in view of the fact that the free speech jurisprudence of the European Court is incorporated into United Kingdom law at a stroke as the Act takes effect, and the fact that no other co-signatory to the Convention on Human Rights has a law comparable to contempt of court, a further shift might now be expected to occur? One of the challenges that the common law currently faces is as to its perception of the proper balance to be struck between free press and fair trial that is established by the Contempt of Court Act 1981 and the surviving common law.
Newsgathering as Protected Activity
Authors: Schulz* David A 
Published: October 2023

Abstract
Twenty years ago Mother Jones, a popular magazine of the US counter-culture, had one of its reporters pose as a job applicant at a chemical factory. By engaging in covert photography while at the factory, the reporter documented the manufacture in the United States of illegal pesticides intended for the export market. The resulting expose earned a National Magazine Award.1 Today, it would more likely to earn a lawsuit. In recent years, litigation over the techniques used to gather the news has become a growth industry in the United States. Such claims have been spurred on by the 1991 Supreme Court decision in Cohen v Cowles Media Co.2 that rejected a newspaper’s effort to assert a First Amendment defence against liability for a tort commit ted to obtain a news story.
Introduction
Authors: Fidler David P 
Published: October 2023

Abstract
Infectious diseases have played a dramatic role in human history. Thucydides’ description of the plague of Athens and its effects on Athenians and their power is one of the most famous ancient recordings of the ravages of an infectious disease. The ‘Black Death’ of the Middle Ages killed a significant proportion of the population in many European regions. The decimation of Native Americans by European diseases during the European conquests of North and South America stands as grim evidence of the power of the microbial world. Cholera epidemics in the nineteenth century struck fear into Europeans and set their governments upon the path of international health co-operation. A virulent influenza strain circumnavigated the globe in 1918-1919, killing over twenty million people.’More recently,
Conclusion: A ‘Never Ending Defeat’?
Authors: Fidler David P 
Published: October 2023

Abstract
This monograph’s premise is that the study of microbialpolitik and the international law that it has produced contributes to efforts to come to grips with emerging and re-emerging infectious diseases. The international politics and international law generated by human attempts to deal with pathogenic microbes have been neglected topics in the public health, international relations, and international legal disciplines. This monograph has not exhausted the international political and legal issues that infectious diseases create, but it lays a foundation upon which more enlightened analysis can build.
Collateralising Clearing Exposures1
Authors: Benjamin Joanna 
Published: October 2023

Abstract
As briefly indicated in Chapters 1 and 9, clearing is a process that takes place after trading and before settlement. Its purpose is to manage the credit exposures that arise during this interval between the parties to a trade. The core function of clearing is the novation of market contracts, whereby a clearing houseis interposed between the original trade counterparties. Trades are novated so that the original contract between the buyer and the seller is replaced by two new contracts, one between seller and the clearing house and buyer, one between the buyer and the clearing house as seller.
Depositary Receipts And Managed Funds
Authors: Benjamin Joanna 
Published: October 2023

Abstract
Earlier chapters of this book have considered how electronic settlement and custody arrangements have the effect of altering the nature of the investor’s asset, and that of the collateral taker. Rather than securities held directly from the issuer, their rights of property are indirect and unallocated, and these rights constitute intangible assets. In this book, these assets have been called interests in securities.
The Legislative Dimension
Authors: George Stephen 
Published: October 2023

Abstract
This chapter deals with the way in which EC legislation is handled by the British political and legal system. First, the role of the two Houses of Parliament is considered, with especial attention on the extent to which it has proved possible for the House of Commons to maintain adequate scrutiny of executive actions in the EC. Secondly, attention is given to the implementation of EC decisions within the British system. Finally, the attitude taken by British Courts to EC law is examined. There are several ways in which Parliament can keep itself informed on EC developments and make an input into the decision-making process. The Prime Minister always reports to the House of Commons on meetings of the European Council, and the report is followed by a debate; and questions on European matters can be addressed to the Prime Minister or to Departmental Ministers during normal parliamentary questions. In addition, Select Committees can investigate issues with an EC dimension that fall within their sectoral remit. The Commons Select Committee on Foreign Affairs and the Treasury Select Committee have both made several such reports.
By-Election, 1945-1966
Authors: Norris Pippa 
Published: October 2023

Abstract
We can identify four major periods of by-election results: the immediate post-war decade (1945-55) was dominated by two-party politics, characterized by routine contests, highly stable results, and minimal attention in the press. Liberal support was reduced to the lowest point this century and the Nationalists were similarly quiescent. The following decade, from the mid-fifties to mid-sixties, was marked by the first signs of increased electoral volatility, symbolized by Orpington, with slightly more seats changing hands (1955-66). In subsequent chapters we will cover the development of multi-party politics from the mid-sixties (1966-79), with unexpected gains for the Scottish Nationalists, Plaid Cymru, and the Liberals.
By-Elections, 1979-1983
Authors: Norris Pippa 
Published: October 2023

Abstract
Following the 1979 general election, after a brief honeymoon period, the first Thatcher administration experienced a steady decline in the national opinion polls. During 1980-1 economic news worsened with the international recession: oil prices doubled in two years; in August 1980 unemployment passed the 2 million mark; inflation was in double digit figures; and in the summer of 1981 there were urban riots in Brixton and Toxteth. Labour moved back into a comfortable lead in the polls throughout 1980 until the sharp upsurge in support for the Alliance in 1981 which reached unprecedented heights around Christmas 1981. In moments of euphoria Alliance politicians began constructing their first Cabinet and party strategists assumed they could achieve a breakthrough with about 60-80 seats in the next general election.
David Butler and the Study of Elections
Authors: Kavanagh Dennis 
Published: October 2023

Abstract
David Butler’s contribution to the study of elections is such that his name and the subject have become almost inseparable. He is associated with the popularization of two words-psephology and swing-although he hastens to add that he invented neither. Psephology (the study of elections) appeared in the first sentence of his first book. It was meant as a joke but developed a life of its own, and he has become the best-known practitioner of the subject. David was still an undergraduate when he developed the notion of swing as a measure of change in the fortunes of parties from one election to another. This chapter attempts an assessment of his work and presents a necessarily partial and incomplete portrait of the man.
Press Partisanship: Into the 1990s
Authors: Seymour-Ure Colin 
Published: October 2023

Abstract
‘The daily newspapers have ceased to be retailers of news—they are merely mammoth political pamphlets of the most violent partisan type’: not a grumble in 1992, nor even a comment in one of David Butler’s early election studies, but a contemporary comment on electioneering in 1910 (quoted in Blewett 1972: 309). The press never has been a neutral observer of parties and elections. On the contrary, papers have been an engine of party growth. Militant, strictly, is just a newspaper. Similarly, as the old Liberal party declined, so did the Liberal press. Parties and newspapers, politics and journalism, are historically entwined, and their connections have been tracked during election campaigns since 1945 in the Nuffield election studies with which David Butler’s name has been so closely associated. Press partisanship typically has not been excused: it has been justified, rather, by reference to the partisanship of competitors.
Introduction-Politics and Judicial Discretion
Authors: Robertson David 
Published: October 2023

Abstract
It is not the will of the sovereign that makes lawyers’ law, even when that is its source, but what the judges by whom it is enforced say is his will. The judges have other motives for decision, outside their own arbitrary will, beside the commands of their sovereign. And whether those other motives are, or are not, equally compulsory, is immaterial, if they are sufficiently likely to prevail to afford a ground for prediction. The only question for the lawyer is, how will the judges act?
In Re Pepper 𝒱. Hart: Corn1nents on the Nature of Laws
Authors: Robertson David 
Published: October 2023

Abstract
In October 1992 a minor change was made to the British Constitution, largely unnoticed outside the legal profession. The Appellate Committee of the House of Lords changed a procedural rule that has governed their decision making since the beginning of modem appellate jurisdiction. In order to interpret the true meaning of a statute, they consulted Hansard to find out what the minister responsible had told the Commons he intended the effect of the proposed legislation to be. They then drew the inference that a parliament so informed must also have intended the statute to have that meaning, and interpreted it so as to give effect to that intention. In most other common law jurisdictions this would be unremarkable. The US courts, for example, regularly consult what they call ‘the legislative record’, just, indeed, as they sometimes refer to the recordings of debate in the constitutional convention to interpret the constitution. The Law Lords defended their own decision by copious though unspecific references to Australian and New Zealand practice. It has, however, always been a firm taboo in the UK.
Pure Policy-The Law of Negligence
Authors: Robertson David 
Published: October 2023

Abstract
Lord Atkin’s view of the role of the law of negligence was not popular in his time, and to this day represents rather the far reaches of judicial thinking than the norm. But it demonstrates why this branch of private law, every bit as much as public law, is redolent of political importance. Quite simply, it is in the development of the civil law of negligence, the law governing when someone is liable to recompense another for a hurt he has unintentionally caused, that the State gives legal effect to its conception of general moral obligation. One way of thinking about the law of torts, of ‘civil wrongs’, of which negligence is the major part, is that tort law attempts to legislate via the judges to impose the more far-reaching moral obligations which governments prefer not to try to encapsulate in statute. Of course all areas of law are substantively political. The history of English law is the history first of the arrangement of titles in real property-land-to enable the landed to make more money out of their holdings, and then of the development of legal machinery, the laws of contract, to let rich individuals deal freely to multiply this wealth. One does not have to be a quasi-Marxist from the so called ‘Critical Legal Studies’ school to see legal history like this (although the Critical Legal Studies movement, being the heirs to American legal realism, come nearer to our approach than most of modem jurisprudence.). The great classical statements like Atiyah’s The Rise and Fall of the Freedom of Contract1 are full of acute political analysis.
Public Law and the Liberty of the Person
Authors: Robertson David 
Published: October 2023

Abstract
Everywhere in the civilized world courts have two functions which can often seem to be in conflict. They are, on the one hand, the machinery which legitimizes the use of coercive force over the very body, rather than only the property, of the individual. Courts, and only courts, can ultimately sanction the forcible movement, removal, and detention of an individual. On the other hand those same courts are charged with protecting those individuals both from invalid application of those sanctions, and misbehaviour by authorities while being sanctioned. The vibrancy of public law, which we claim is largely a consequence of the values held by the judges, is nowhere better tested than in cases regarding what European lawyers tend to call ‘the liberty and security of the person’. In the English context two types of case particularly test the public law of personal liberty-questions about the rights of prisoners, and questions about the rights of those caught up in the web of immigration and deportation rules.
The Power of Parliamentary Parties
Authors: Brand Jack 
Published: October 2023

Abstract
In view of these discontents, it is surprising that Parliament receives so much attention. We have live coverage of debates, and radio broadcasting every weekday has two extensive summaries of parliamentary business. MPs are important public figures and even the most junior and the least gifted receive media attention. These clues suggest that Parliament does have important roles. Some of them may be peripheral to the moulding of public policy-the symbolic function of unifying the nation is one such function-but others are more directly relevant to the content of legislation. The main contention of this book is that parliamentary parties are central to the performance of virtually all of these roles. In many cases they limit what Parliament can do because of their discipline and loyalty, but they also facilitate the process of representation and enable Parliament to influence policy.