bluuebunny/crossref_metadata_2025_split huggingface dataset:
Restitution Without Enrichment?
Authors: Gordley James 
Published: October 2023

Abstract
In German law, American law and, more recently, English law, it is a defense to an action for unjust enrichment chat the defendant is no longer enriched. Nevertheless, many German scholars want to limit this defense. My former teacher, John Dawson, thought it leads to senseless results in Germany4 which American courts avoid only by refusing to apply it. In the United States, he said, ‘ we would not as in Germany, conceive of enrichment as a variable that can be recovered only as long as it lasts’. I. Origins We can see what these problems are if we examine the origins of this defense. The drafters of the German Civil Code cook it from the 19th century Pandektists, Windscheid, and Savigny. Savigny seems to have taken it from members of the 17th and 18th century natural law school such as Grotius and Pufendorf, who cook it in turn from the late scholastics of the 16th and 17th centuries. As we have seen, they had been discussing the implications of Aristotle’ s concept of commutative justice as it had been interpreted by Thomas Aquinas, and their efforts produced the modern idea of unjust enrichment as a separate body of law coeval with contract and tort.
History as a Chamber of Horrors: The French Revolution at Madame Tussaud’s
Authors: Melman Billie 
Published: October 2023

Abstract
Visitors to the Chamber of Horrors at Madame Tussaud’s museum in London are invited to look at ‘a history of crime and punishment’. They follow a one-way trail, modelled on a dungeon, making progress, or regress, from medieval instruments of torture to likenesses of notorious nineteenth and twentieth century murderers, posing in semblances of city yards and alleys, courtrooms and prisons. The last two figures in this urban trail are Dennis Andrew Nilsen, the Muswell Hill murderer, strangler of young men, necrophile and body-carver, convicted in 1983, and ‘Tiger’ Donald Nielson, kidnapper and killer, condemned in 1975.
The Queen’s Two Bodies and the King’s Body: History, Monarchy, and Stardom, 1933–1953
Authors: Melman Billie 
Published: October 2023

Abstract
In early May 1936, a special premiere of Tudor Rose took place in the Tower of London. The film was embraced by officialdom and the gatekeepers of history as serious and duly respectful of the monarchy, and was well liked by audiences. The venue of the premiere was more than appropriate for a film on the ten-day rule and execution of Lady Jane Grey. Austerely produced and directed by Michel Balcon and George Stevenson, it represented history as a repressive place ridden with violence and a monarchy devoid of splendour and power. Starred in by the child-actor Nova Pilbeam as the 16-year-old victim/queen, the film harked back to the early Victorian Tower lore manufactured by the novelists and antiquaries, amply discussed in Chapters 4 and 5 (see Fig. 14).
Exploring Weber’s Theory of Capitalism in Confucian East Asia
Authors: Shin Doh Chull , Dalton Russell J 
Published: October 2023

Abstract
Over the past several decades, many of the nations of East Asia have experienced a profound economic transformation. Income levels in East Asia were near those of Africa only a generation ago. As recently as 1975, GNP per capita in South Korea was roughly comparable to Zimbabwe and the Ivory Coast; Taiwan’s income per capita was comparable to Algeria or Turkey; and even Singapore was similar to Gabon (Taylor and Jodice 1983). Then, an economic miracle transformed the region. The East Asian Tigers dramatically improved their economies and the living standards of their citizens. Even many of the less affluent nations in East Asia, such as China and Vietnam, have experienced profound economic growth over the past decade (also see Chapter 11 by Pham and Pham).
The Parallel Development of Democracy and Markets
Authors: Shin Doh Chull , Dalton Russell J 
Published: October 2023

Abstract
In East Asia, as in other regions of the world, democratic politics and free- market economy have emerged as the twin goals of national development. During the Third Wave of democratization, the number of countries promoting democracy and free markets in parallel has grown substantially (Kim 1996, 1999; Haggard 2000; Ravich 2000; Stiglitz 2002). This trend of building free markets while deepening democracy contrasts sharply with the slow and sequential pattern of capitalist democratic development in Western Europe and North America (Moore, Jr. 1966; Rueschemeyer, Stephens, and Stephens 1992; Collier 1999). Thus, the deliberate efforts of East Asian countries to implement democratic and market-oriented reforms simultaneously and rapidly have few historical precedents.
Introduction to Part II: Analysis—Providing a Context for Intelligence
Authors: Phillips David 
Published: October 2023

Abstract
One way and another the writers in this section ask us what we think about ‘intelligence’ by reflecting upon the dilemmas of the ‘analyst’. After all there is a reasonable consensus that ‘intelligence’ is about the reduction of information to a distillate of meaning; it is not simply the possession of ‘information’—albeit that in common usage, particularly and ironically amongst professional customers, intelligence is a term naively used as a synonym for the ‘golden nuggets’ of raw data. Furthermore, if the task of distilling the’product’ from the’data’ were merely mechanical we would not need to call upon their Delphic skills.
Cultural Paradigms and Change: A Model of Analysis
Authors: Evans R Mark 
Published: October 2023

Abstract
Policing in Northern Ireland has gone through radical change in the last 10 years. The Police Service of Northern Ireland (Crime) Analysis Centre deploys some 95 staff across more than 30 sites including Territorial, Headquarters and Specialist Units. This case study explores the Analysis Centre as a model suitable for supporting an intelligence-led, community-focused style of policing. It will explain the importance of building critical mass, focusing on support for decision-makers, and emphasizing analyst learning and development as critical success factors in addressing cultural paradigms and supporting change to shape the future.
1650–1659
Authors: Randall Dale B J , Boswell Jackson C 
Published: October 2023

Abstract
A year before publishing what proved to be his most famous work, Leviathan, Thomas Hobbes (1588–1679) put forth his Humane Nature. He dedicated it to William Cavendish, whose tutor he had been some forty years before, and whom he now addressed as “the Right Honorable William Earl of Newcastle, Governour to the Prince his Highness” (sig. A5r)—though later still Cavendish would be created and known as the Duke of Newcastle (1665).
1660–1669
Authors: Randall Dale B J , Boswell Jackson C 
Published: October 2023

Abstract
Nor are these false measures of Honor more opposite to Religion, then Prudence; The glosses the Sword-men have put upon the one fundamental Law of Not bearing an Injury, have introduced such a multitude of ridiculous Punctillo’s, that the next Age will be in danger of receiving the Fable of Don Quixot for Authentique History; and I see not with what justice this can laugh at them in him and his squire Sancho, and yet think them serious enough to govern men in their most real and weighty concernments.
1680–1689
Authors: Randall Dale B J , Boswell Jackson C 
Published: October 2023

Abstract
Whoever wrote Hattigé, ou Les amours du Roy de Tamaran nouvelle, most likely Gabriel de Brémond (1645–after 1705), the book was a likely candidate for translation to English. Set in Tunis, it is a thinly disguised roman á clef depicting the aﬀairs of Charles II with Barbara Palmer, Duchess of Cleveland. Well might the translator wish to claim anonymity.
1690–1699
Authors: Randall Dale B J , Boswell Jackson C 
Published: October 2023

Abstract
The dispersal of modern language books from the great library of the Duke of Lauderdale resumed here at Sam’s Coffee House at the corner of Ludgate Street and Ave Mary Lane on 14 May 1690. A brief address “Au Lecteur” on the verso of the title page announces that the catalogue is “composée d’une grande quantité de Livres Francois, Italiens & Espagnol; sur toutes sortes de sujets.” In the catalogue proper, under the heading “Libros Espanolos en Quarto,” lot no. 4 is “Vida del Ingenioso Hidalgo D. Quixote de la Mancha, por Miguel de Cervantes SaavedraMadrid 1655” (p. 26). Under the head- ing “Libros Espanolos en Octavo,” lot no. 3 is “Novelas Exemplares de Miguel de Cervantes Saavedr”Brussel. 1625” (p. 27).
Saltimbanques and Savages
Authors: Gill Miranda 
Published: October 2023

Abstract
The rhetoric of eccentricity played an important role in representations of the Parisian fairground and sideshow. Such spectacles can only be understood in the context of a culture of human exhibition that pervaded the French literary and scientific imagination for over a hundred years. The exhibition of human beings for entertainment and profit was a central though until recently largely neglected feature of French cultural life. Drawing on the rhetoric of natural history, the genre of the physiology transformed Paris into an enormous zoological garden of exotic human specimens; during the July Monarchy and Second Empire, Parisians of all classes paid to visit freaks and other human and animal ‘eccentricities’; and from the 1870s until the 1930s, mass spectacles transformed the techniques of the fairground to create human zoos in which the natives of distant countries were displayed as tokens of anthropological difference, receiving millions of visitors and shaping attitudes towards colonial expansion.
Bohemia
Authors: Gill Miranda 
Published: October 2023

Abstract
Attitudes towards eccentricity were notably unstable in Parisian Bohemia. This ‘kingdom of eccentricity and misery’ was home to artists and writers struggling to make their living, who, though they often adopted a stance of social opposition, were firmly linked to the bourgeoisie. During the July Monarchy, eccentricity was generally portrayed positively as wilful nonconformism. An important performative strategy for artists and writers, it reflacted a new political and cultural climate following the collapse of the Restoration, and was associated with the Romantic movement of 1830, the Jeune-France, and a new body of writing preoccupied with modern life and urban experience.
Alliances
Authors: Konrad Kai A 
Published: October 2023

Abstract
The analysis of nested contests has taken the composition of groups in the inter-group contest as exogenous. If more than two players compete for a prize, one or several subgroups of players may, but need not, form such an alliance. The formation of such groups is a very widespread phenomenon in politics, business and in the context of military conflict. The alliance between the USA and Russia during the Second World War, for instance, has been mentioned as an example already. The alliance emerged voluntarily, suggesting that it was perceived as useful for the Allied Forces in their goal of defeating Nazi Germany. When the end of the war came closer, however, a divergence of interests among the Allied Forces became visible.
Legitimacy, Coherence And Governance
Authors: Hoekman Bernard M , Kostecki Michel M 
Published: October 2023

AbstractTrade policy in a pluralistic society is made through a complex process of decision-making involving government, political parties, business interests, trade unions, consumer organizations and other members of civil society. In a changing world, rules and procedures affecting trade age quickly. New technologies and new business needs emerge, changing lobbying incentives with respect to trade policy, and altering the need for regulation and associated administrative procedures. Trade rules are therefore subject to continuous pressure for change. This pressure occurs mostly at the national level, but is also reflected at the WTO level. Delegations and the secretariat may be lobbied by interest groups, and are influenced indirectly through research or demonstrations on the streets.
Preferential Trade Agreements and Regional Integration
Authors: Hoekman Bernard M , Kostecki Michel M 
Published: October 2023

AbstractBoth the GATT and the GATS make explicit allowance for preferential trade agreements among a subset of members. Such agreements can be of two types: reciprocal and nonreciprocal. This chapter deals with the former; the latter are discussed in Chapter 12 as they arise in trade relations between industrialized and developing countries. Both types of preferential trade are inconsistent with the MFN principle and are therefore subject to multilateral disciplines that define minimum conditions that must be met for an agreement. The WTO also provides for multilateral scrutiny of such agreements. This chapter discusses the rationales for preferential trade agreements (PTAs) between WTO members, the WTO rules and their application in practice, and the economic literature exploring the relationship between PTAs and multilateralism (the trading system)—both theoretical and empirical. Given the steadily expanding number of PTAs, a critical question for the WTO is whether the network of PTAs create incentives to lower trade barriers on a MFN basis and thus help achieve a major objective of the drafters of the GATT.
World Gone Wrong
Authors: Rules —Rumsfeld’s 
Published: October 2023

Abstract
Naval Captain Robert Buehn, Bee Bee or Skipper to his friends, gazed out the window of his seaside office at Guantanamo Bay Naval Base and observed the sailboats rocking gently from side to side, balancing effortlessly. Fit, muscular, and of medium height, his clear, blue eyes emitting boundless energy, Buehn was feeling good these days. He had run the Pentagon’s Marine Marathon earlier that fall, just weeks after the lingering fi res of 9/11 had died down. He could still feel the rush of running before a crowd that was openly weeping as the national anthem played at the starting line. Now Buehn was savoring the first idyllic days of a sunny Caribbean winter, blessed by unseasonable summer rains and an unexpected burst of new foliage from the fall. He was looking forward to going fishing with his sons over the upcoming Christmas break, when the phone rang.
The Caribbean Hilton
Authors: Mica (R-FL) —Congressman John 
Published: October 2023

Abstract
As head of the Joint Detention Operations Group, or JDOG, Terry Carrico was the point person on penal policy. Consistent with the lack of expertise at the ready for the Guantanamo detention effort, he was a military policeman (MP), not a corrections specialist. Still, as we have seen, he was adamant about the need for firm authority in his prison, Camp X-Ray. To his mind, his goal was to exert control in a manner that left absolutely no room for the detainees to think that they had any freedom of activity at all. This was not about cruelty or abuse. This was about maintaining order and calm in the camp. To Carrico’s mind, unyielding authority was essential to maintaining order and to preventing an outbreak of protests or violence. Tasked, as was Shimkus, with making sure no one was harmed or killed, Carrico wanted to do what it took to maintain order.
The General and the Chaplain
Authors: Lehnert —Maj. Gen. Michael 
Published: October 2023

Abstract
On January 23, Navy chaplain Lieutenant Abuhena Saifulislam flew into the air base at Guantanamo Bay on a sleek C-21 military transport plane. “I’m here for the JTF,” he explained to a soldier at the hangar. “I’m the new chaplain.”
Missing Pieces
Authors: Wolfowitz —Paul , Defense Deputy Secretary of 
Published: October 2023

Abstract
Donald Rumsfeld’s signature glower suddenly materialized on SOUTHCOM’S video teleconferencing screen. It was the end of January. Nearly two weeks had passed since the first detainees had been consigned to JTF 160’s custody at Guantanamo Bay, and the self-confident SECDEF was displeased. Bristling, the Secretary was pressing SOUTHCOM for some—any—sort of explanation. He wanted to know where the interrogations at Guantanamo Bay stood.
Bowing Out
Authors: Nichols —Lt. Col. Timothy 
Published: October 2023

Abstract
In the third week of March 2002, U.S. Army reservist Brigadier General Rick Baccus’s phone rang. Baccus, head of a National Guard military police brigade in Warwick, Rhode Island, was looking forward to being called to active duty, but he was surprised when the call came not from his local bosses but directly from the National Guard bureau at the Pentagon. Even more surprising than the break from protocol was his assignment. On that cold day in mid-March 2001, Rick Baccus was named the new commander of JTF 160 at Guantanamo Bay. General Lehnert’s successor was soon on his way to Cuba.
Conclusion
Authors: Shepherd Lynn 
Published: October 2023

Abstract
There is both sense and suitability in the fact that our discussion of Samuel Richardson should have ended by projecting forwards to Jane Austen. Austen was not only a great admirer of Richardson—and of Grandison in particular—but his most obvious and significant literary heir, reinventing the sentimental novel’s repertoire of characters and situations for the early nineteenth century, in sharper focus and more incisive prose. Many critics have discussed Richardson’s influence on Austen: in the recent Cambridge edition of Austen’s works Jane Stabler summarizes Richardson’s influence in terms of ‘characters, situations, narrative tensions, and a consuming fascination for the inner life’, and Jocelyn Harris has written a particularly comprehensive study of the way that ‘[Austen] builds her books’ out of ‘commentary on Richardson’. In my view the parallels are, if anything, even deeper than this, and go beyond character and situation to narrative technique and scenic form. It is no coincidence that Mansfield Park (1814) is not only Jane Austen’s most Richardsonian novel, but one that is organized according to exactly the same principles of spatial and visual representation that we have seen the same degree of control as his exemplar exercises, he certainly does resemble Sir Charles in his readiness to assume mediatory roles—roles that place him in the same triangular relationships as we have observed operating in Grandison.
System design and sources of credit risk in large-value payment and settlement systems
Authors: Manning Mark , Nier Erlend , Schanz Jochen 
Published: October 2023

Abstract
The focus of this chapter is credit risk in payment and settlement systems. We begin with a discussion of how the design of a large-value system might affect the propensity for unintended credit-risk exposures to arise between participants. Two basic settlement models are typically applied in interbank payment systems: deferred net settlement (DNS); and real-time gross settlement (RTGS). Netting allows users to economize on the liquidity required to complete settlement, but may give rise to the build-up of interbank credit exposures during the interval prior to settlement. In an RTGS design, on the other hand, payments are settled gross and in real time, leaving no scope for interbank exposures to accumulate within the system. Liquidity demands will, however, tend to be higher.
Determining Market Power And Market Dominance
Authors: Schwalbe Ulrich , Zimmer Daniel 
Published: October 2023

Abstract
There are basically two methods of examining whether a firm can act independently and is thus dominant on the market in question: either by directly establishing a significant degree of market power or market dominance or by an indirect approach requiring a definition of the relevant market and a calculation of the firms’ market shares. In this context, account must be taken of supply substitution and potential competition.
England and Wales
Authors: Toube Felicity , Wheeler, Jonathan , Roberts Kevin 
Published: October 2023

Abstract
A company voluntary arrangement (CVA) is one of the insolvency procedures available to creditors under the Insolvency Act 1986 (IA 1986). It is an agreement between a company, its shareholders, and its creditors. Generally a CVA is proposed by the company’s directors,1 whereby a plan to reorganize the company or to provide staged payments to creditors is agreed.
United states of america
Authors: Lee Gary S , Marinuzzi Lorenzo , Richards Erica , Molison Stacy 
Published: October 2023

Abstract
In the US, bankruptcy laws have been in effect since the 1800s. However, it was not until 1978, when Congress undertook a major reform of the US bankruptcy laws, that title 11 of the United States Code (as amended, the ‘Bankruptcy Code’), as we know it today, came into existence.1 The authority for the Bankruptcy Code stems from section 8 of the United States Constitution, which permits Congress ‘[t]o establish ... uniform Laws on the subject of Bankruptcies throughout the United States’.2 The Bankruptcy Code is federal law that allows individuals, corporations, partnerships, and other entities to liquidate their assets or reorganize their debts.
British virgin islands
Authors: foote Robert , mcdonald rachael 
Published: October 2023

Abstract
This chapter provides a brief overview of the various insolvency regimes in the British Virgin Islands (BVI), which are relevant to asset tracing in an international context. It considers the various insolvency processes under the Insolvency Act 2003 (the IA), including the liquidation process, administrative receivership, and company creditor arrangements. It reviews the powers and functions of the various office holders together with the investigatory tools that are available to a liquidator and the provisions that enable him to bring claims against persons associated with the company in liquidation and third parties under IA’s voidable transaction and malpractice provisions. Following a review of the provisions in the IA that enable the BVI High Court to make orders in aid of foreign proceedings, it then goes on to consider voluntary liquidations and plans and schemes of arrangement, which are all governed by the BVI Business Companies Act 2004 (the BCA). Finally, having reviewed the various ways pursuant to which a person may obtain disclosure of documents and information from BVI companies and generally, it considers interim remedies that may be open to office holders and litigants before providing a general review of the main actions and claims that may be brought in the context of asset tracing claims in the BVI. The law relating to the enforcement of foreign judgments and arbitration awards, a review of asset tracing in a criminal context, and a consideration of what powers the BVI Financial Services Commission has in the BVI to investigate the affairs of regulated persons have been included for completeness.
Cayman islands
Authors: Russell Christopher , Reynolds Rachael , Folpp Shaun , Jones William 
Published: October 2023

Abstract
This chapter considers, in addition to specific mechanisms for, and procedures available to assist, claims for asset tracing and recovery in the Cayman Islands, the general corporate and insolvency background in the context of which such claims are likely to arise. Of necessity, there are many detailed statutory provisions and common law principles which will fall outside the scope of a chapter of this breadth and generality.