bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Regulation Of Trustees
Authors: Hudson1 Alastair 
Published: November 2023

Abstract
To understand the modern law of trusts properly it is important to be aware both that there are a number of very different types of trust and that there are qualitatively different types of obligation imposed on the different types of trustee. One particularly significant development in the differentiation between types of trust has been the introduction of formal regulation to deal with some trustees but not others: principally pension fund trusts regulated under the Pensions Acts,2 unit trusts regulated under the UCITS Directive3 and the Financial Services and Markets Act 2000,4 and trustees who are ‘authorized persons’ regulated by the Financial Services Authority (FSA) under the Financial Services and Markets Act 2000.5 There are also other forms of trust which are described in detail by primary legislation, such as trusts of land under the Trusts of Land and Appointment of Trustees Act6 and strict settlements under the Settled Land Act 1925,7 with the result that the obligations of the trustees are different from those Professor of Equity & Law, Queen Mary, University of London.
Putting
Authors: Wesson John 
Published: November 2023

Abstract
The putting green provides many challenges for the golfer, and it also raises a variety of questions about the underlying physics. Holes-in-one are quite rare but nevertheless cases of successive holes-in-one have been recorded. Perhaps, the most remarkable is the performance of N. Manley who achieved successive par-4 holes-in-one, holing the seventh (330 yards) and eighth (290 yards) at the Del Valle Country Club in 1964.
Appeals
Authors: Gormley Laurence W 
Published: November 2023

Abstract
Any person has the right to appeal against decisions taken by the customs authorities which relate to the application of customs legislation, and which concern him directly or individually. Any person who has applied to the customs authorities for a decision relating to the application of customs legislation and has not obtained a ruling on that request within the prescribed period is also entitled to exercise the right of appeal. The appeal must be lodged in the Member State where the decision has been taken or applied for. The right of appeal may be exercised: (a) initially, before the customs authorities designated for that purpose by the Member States; (b) subsequently, before an independent body, which may be a judicial authority or an equivalent specialized body, according to the provisions in force in the Member States.
Preventing the Emergence of New Barriers to Trade Between Member States
Authors: Gormley Laurence W 
Published: November 2023

Abstract
Although the EC Treaty places major importance on the concepts of the common market and the internal market, its substantive provisions on free movement are essentially negative, prohibiting, for example quantitative restrictions and measures having equivalent effect in trade between Member States. While the Court of Justice has now recognized the importance of mutual acceptance of goods, and thus put a positive gloss on the Treaty provisions, it remains true that prevention is better than cure.
Interpretation of Contracts: Concluding Comparative Observations
Authors: Vogenauer Stefan 
Published: November 2023

Abstract
A basic knowledge of how contracts are interpreted in other legal systems is not only of interest to the comparatist, but also of enormous relevance for practising lawyers. If a foreign law is applicable to a contractual obligation that law also governs the interpretation of the contract. Moreover, even if English law is applicable, many contracts, particularly international commercial contracts, and their drafts are dealt with by lawyers from other jurisdictions. These lawyers will frequently be tempted to read and understand such agreements using the domestic interpretative devices they are familiar with. It is easy to see how mutual misunderstandings can arise from this process.
Unfair Contract Terms Act—Thirty Years On
Authors: Macdonald Elizabeth 
Published: November 2023

Abstract
The thirty years in which contract lawyers have become accustomed to the existence of the Unfair Contract Terms Act 1977 (UCTA) provides an opportunity for reflection on the functioning of the Act. The large body of case law which has grown up around it obviously provides a great many possible areas to comment on. Here the focus will be on its operation in the business-to-business context and three issues will be addressed. First, consideration will be given to an area where the case law has taken a wrong turning—the interpretation of the definition of ‘deals as consumer’ in s 12(1). Second, an area where there is potential for greater utilization of the Act will be looked at—s 3(2)(b)(i), and third, the application of the requirement of reasonableness and the concerns voiced about it by Adams and Brownsword in their much-cited article on the operation of the Act after a decade will be re-examined. Further, examining these issues brings out some broader consideration of UCTA’s continuing role and, finally, even of the very need to maintain its role in the business-to-business context.
Electrohydrodynamics
Authors: Bruus Henrik 
Published: November 2023

Abstract
In many lab-on-a-chip applications the motions of the liquids or the solutes are controlled electrically. Therefore it is highly relevant to study electrohydrodynamics, i.e. the coupling of electromagnetism and hydrodynamics. Using this wide definition, electrohydrodynamics comprises a wide range of phenomena such as the electrical properties of liquids per se, electrochemistry, and electrokinetics.
Democratic Freedom and National Insecurity
Authors: Gearty Conor 
Published: November 2023

Abstract
In this chapter I take the theoretical insights into our subject that have just been laid out and deepen our understanding of them by weaving these ideas into the history of the practice of civil liberties in Britain. This examination of the rise of political freedom is necessarily set against a background of societal anxiety. There has never been a time in Britain when the utility of civil liberties has not been intensely disputed: there is no ‘golden age’ of freedom lurking somewhere in our distant past. Although the momentum is generally positive, the graph tracking the health of our subject has been up and down rather than always on the rise. The perennial concern, varying in intensity from time to time, has been about the kinds of radical change that a commitment to civil liberties might produce, either purposefully (more democracy; greater equality) or as a side-effect of the freedom upon which such a political perspective is naturally thought to insist (more anarchy). Asserting freedoms of thought, speech, assembly, and association so as ultimately to be able to achieve a state governed on a representative basis has inevitably involved clashes, both with those whose interests were certain to be adversely affected by the success of just such a project, and with those who have felt that too high a regard for civil liberties inevitably leaves the state vulnerable to attack. Conflict is therefore very much part of the civil liberties story, whether generated from within or threatening from without.
The Rights to Liberty and Due Process
Authors: Gearty Conor 
Published: November 2023

Abstract
The common law has long maintained that a principle of individual liberty is one of the presumptions that lies at its heart, informing the development of judge-made law and guiding the courts in their interpretation of statutes. Since 1950 (and in Britain since 2000), the European Convention on Human Rights has reflected this commitment through Article 5, a provision declaring a right to liberty that is available to all regardless of national or ethnic background. Of course, such a freedom cannot be absolute and various limitations have long been permitted, with it being a moot point how far the judges have actually cared about the freedom, something to which I shall need to return to frequently in the course of this chapter. As far as Article is concerned, all such permitted restrictions must be ‘in accordance with a procedure prescribed by law’. A number of the exceptions that are then set out do not relate directly to our subject: they raise issues concerning detention for immigration, educational, or health purposes, all of which fit better within the more general framework of human rights. Two connect specifically to the criminal process, however, and have a direct relevance to civil liberties, as does a third concerning legal obligations. Each needs briefly to be noted now.
The Right to Freedom of Expression
Authors: Gearty Conor 
Published: November 2023

Abstract
It is only in relatively stable societies that restrictions on freedom of expression are regarded as the most serious conceivable breach of civil liberties. It is true that in Britain the guarantee of free speech is ‘often regarded as iconic for civil liberties’ and that to many, including the influential former law lord, Lord Steyn, it is the ‘primary right’, the very ‘lifeblood of democracy’. But it is only when other entitlements have been secured, when it is possible to vote and engage in political activity without fear of death, disappearance, torture, or incarceration, that the civil liberarian has the time and freedom to be exercised by inhibitions on his or her power of communication. The freedom to express oneself, understood here to include not just the deployment of words but also of physical action in lieu of or complementary to words (protest as well as talk), is certainly central to civil liberties in the sense that it is impossible to imagine a free political culture without it. But such a society is equally unfeasible without the right to vote, or with state-controlled death squads and torture chambers. Freedom of expression has an important place in civil liberties law—but it is a place and not the whole story.
Civil Liberties Beyond the Nation State
Authors: Gearty Conor 
Published: November 2023

Abstract
Thus far in this book I have been content to describe the law and practice of civil liberties in the UK in a way which (Strasbourg apart) has not required discussion of an international or regional dimension. There has been a deliberate air of unfashionable provinciality which in this chapter will now be at least partly deflated. The UK has always been an island only in the geographical sense. Once it was the ownership of large parts of France, and then the empire. Now the country is part of various twentiethcentury orders outside itself: the EU, the Council of Europe, the United Nations (UN), the World Trade Organization, the World Bank, the International Monetary Fund, and many others besides. A large number of these bodies make rules which bind the behaviour of people within Britain, with some of them also possessing institutions whose job it is to oversee with intrusive vigilance how well or badly this country has implemented their decisions. Immensely important consequences flow from all this for the country’s international standing, its economic health, and its cultural well-being.
Protecting Political Freedom
Authors: Gearty Conor 
Published: November 2023

Abstract
This book has been rooted in a particular perspective on civil liberties, one that sees the subject as primarily concerned with the law and practice of political freedom. There are other ways of thinking about civil liberties, different kinds of emphases and analyses that produce a range of alternative means of identifying the topics that a proper treatment of our subject would rightly entail. I identified a number of these in Chapter 1 and explained why I was rejecting them. In summary, my main point was that the various meanings we ascribe to the term ‘civil liberties’ are too many and too diverse for a book of this sort to seek coherently to encompass them all. My choice to be selective in this way liberated me from the Sisyphean task of engaging in a false synthesis of conflicting propositions. Having staked out my chosen ground for the subject, I proceeded in Chapter 2 to elaborate the intellectual foundations that underpinned my approach, with Chapter 3 then supplying not only a recent history but also an assessment of the threat that political freedom faces from those concerns for national security which demand—or appear to demand—divergences from the civil libertarian ideal. With this preparatory intellectual work out of the way, the rest of the book has been about the substance of civil liberties protection in Britain, the legislation, the judicial decisions, and the executive practices that together add up to supply an answer to the question, ‘What is the state of political freedom in Britain?’.
Organizational Culture: The Invisible Web
Authors: Dowling Grahame 
Published: November 2023

Abstract
Most people have a sense of their own culture and of differences in national cultures. These cultural differences are rooted in very basic beliefs about the origins of life, the role of time and nature in shaping people’s lives, and how people should interact with each other. Such belief systems are a powerful force which shape our behaviour as a society, and our business dealings. With trade and commerce becoming more international, an appreciation of such differences is an important prerequisite to competing globally. This is despite the fact that the language used for much of the world’s international business is English.
Disclosure
Authors: Andrews Neil 
Published: November 2023

Abstract
‘Disclosure’ is used in the CPR as the synonym for ‘discovery’, that is, documentary disclosure. But ‘disclosure’ has a more general procedural connotation. In that wider sense, ‘disclosure’ is the portmanteau term covering an array of procedures which enable a party or a prospective party to gain notice of, or access to, documents, or other information or to things. This material or information might be held by, or be accessible to, another party, or prospective party or even a non-party.
Expert Evidence
Authors: Andrews Neil 
Published: November 2023

Abstract
A court might include among its members one or more persons who are technically qualified in a recognized field of specialized knowledge; some tribunals and specialized courts are in fact constituted in this way, notably the Patents Court, and to an extent the Commercial Court, whose judges are selected for their expertise in mercantile law; but it is not possible for this degree of specialization to be reproduced across the whole range of civil courts, many of which have a wide and mixed jurisdiction.
Creative Resilience and the Mastery of Career Adversity
Authors: Sonnenfeld Jeffrey A 
Published: November 2023

Abstract
Few careers can be mapped as an unbroken chain of success. There is an endless array of career frustrations that can seem so insurmountable that they are demoralizing. Regardless of whether the setbacks are the consequence of terminations, lay-offs, false accusations, missed promotions, plateauing, burnout, reduced responsibility, disappointing colleagues, uninteresting work, unpleasant clients, unsuccessful assignments, failed projects, abusive bosses, cruel co-workers, or other such sources, the resolution requires new behaviors and fresh perspectives.
Symbiotic Careers in Movie Making: Pedro and Agustin Almodovar
Authors: Alvarez Jose Luis , Svejenova Silviya 
Published: November 2023

Abstract
Studies on painters (Greenfeld 1989; White and White 1993), writers (Anheier et al. 1995), and musicians (Hirsch 1972; Abbott and Hrycak 1990; Murnighan and Colon 1991) have cast light on creative careers. The film industry has also been a frequent field site, adding insights on creative career advancement and its sources, such as skills, knowledge, reputation, relationships, and roles (Faulkner and Anderson 1987; Baker and Faulkner 1991; Jones 1996; DeFillippi and Arthur 1998; Bielby and Bielby 1999).
Atiyah’s Introduction To The Law Of Contract
Authors: Atiyah P S , Smith Stephen A 
Published: November 2023

Abstract
Atiyah's Introduction to the Law of Contract is a well-known text through which thousands of university students have first encountered the law of contract, and the new edition has long been eagerly awaited by university teachers and students. This sixth edition, updated by Stephen Smith, continues to provide readers with an introduction to the theories, policies, and ideas that underlie the law, placing an equal emphasis on the law and critical analysis. In particular, the discussion of recent cases and legislation is centred on why contract law is the way it is, whether it can be justified, and, if not, what should be done to improve it. The sixth edition has been revised to place the law of contract in a modern context and to account for recent developments in the law, as well as those in academic thinking and writing. Addressing European influences and including perspectives from comparative law, this remains a stimulating and authoritative exposition of the modern law of contract.
Legal Capital Rules and the Structure of Corporate Law: Some Observations on the Differences Between European and U.S. Approaches
Authors: Kahan Marcel 
Published: November 2023

Abstract
Legal capital rules are just one element of the general legal regime of creditor protection. Even though the rules on legal capital in the United States are extremely lax, fraudulent transfer law addresses, in a more general way, the very issue addressed by legal capital rules: distributions by companies to shareholders which harm creditors.
Tunneling
Authors: Johnson Simon , Porta Rafael La , Lopez-De-Silanes, Florencio , Shletfer* Andrei 
Published: November 2023

Abstract
The emerging markets crisis of 1997-1998 offers many instances of looting of firms by their controlling shareholders. Assets were transferred out of companies, profits syphoned off to escape creditors, and troubled firms in a group propped up using loan guarantees by other listed group members.
Legitimacy, Accountability, and Delegation in the European Union
Authors: Menon Anand , Weatberill* Stephen 
Published: November 2023

Abstract
The EU has altered profoundly in recent years. Its geographical and functional expansion, coupled with the increasing scope of delegation to the European institutions, has raised a number of issues concerning its relation ship with its member states. Questions such as the proper reach of the Union’s activities, the appropriate relationship between Union and State competences and how the Union should be subjected to effective systems of supervision all, directly or indirectly, question the proper location of ac countability for the exercise of the increasing list of competences delegated by the Member States to the European level. ‘Legitimacy’ is a well-worn catchphrase within such debates.
Evidence, Proof, And Facts
Authors: Murphy Peter 
Published: November 2023

Abstract
Evidence, Proof, and Facts is a source book designed to bring together some of the most important primary and secondary materials which underlie the ‘New Evidence Scholarship’. While the law of evidence has traditionally dominated jurisprudential treatment of the subject, evidence is in truth a multi-disciplinary subject, comprising fundamental issues in the fields of logic, probability theory, epistemology, and psychology. Among the issues dealt with are: the rationalist epistemology of the use of evidence as a tool for the reconstruction of disputed past events; alternative epistemologies of evidence; the meaning of evidence, relevance, probative value, and weight. The editor also explores the issues of: logic and rhetoric in the context of judicial proof; the place of different kinds of probability theory in legal proof; whether legal proof is inherently mathematical or non-mathematical; the meaning of the legal standards of proof; and the role of causation in legal proof. The editor has assembled a collection of jurisprudential material including Thayer and Wigmore, and philosophical material ranging from Aristotle and Plato to Locke, Hume, Bentham, and Mill. The mathematics includes Bayes’ Rule, reproduced in its entirety. Among the contemporary writers represented from the New Evidence Scholarship school are Keynes, Schum, Twining, Eggleston, and Cohen. The materials are prefaced with an introductory essay by Professor Murphy which offers an overview of some of the key issues.
The Study of Canon Law and the Eclipse of the Lincoln Schools, 1175-1225*
Authors: van Liere Frans 
Published: November 2023

Abstract
The early history of English higher education is largely shrouded in mist. The pioneering scholar Hastings Rashdall, in his Medieval Universities, gave attention mainly to those foundations that later became universities, Oxford and Cambridge, although he acknowledged that ‘until late in the [twelfth] century Paris was by no means the outstanding centre of higher learning in France, nor was Oxford in England’. Only around the turn of the century did the groundbreaking work of Arthur Leach draw attention to the evolution of schools in other English towns and their ability in the late twelfth century to generate some form of higher learning. Thus, in addition to Oxford, Exeter, Northhampton, and Lincoln are often mentioned as flourishing centres of higher learning or, as Leach calls them, ‘embryo universities’. Of these early schools, Lincoln was a respectable centre for the study of grammar, canon law, and theology in the period 1175—1225, and, in the words of Alan Cobban, ‘came near to becoming a studium generale in the twelfth century’.
Introduction
Authors: Rausing Sigrid 
Published: November 2023

Abstract
This book is an anthropological interpretation of the changing aspects both of everyday life and of a deeper sense of identity on a former collective farm in Estonia in relation to the Soviet past and to the new independent republic. It is about the partial connections between contested territories, and the reconstruction of identity in the context of a succession of sharply delineated eras: the Russian Empire, the independent Estonian republic, the Soviet era, and the post-Soviet era. Each one involved the implementation of different systems for most social structures, and each one involved the rupture of traditions and connections. The text is loosely divided into two main parts, the first one addressing the ethnographic present, the second the local connections between history, memory, and ethnography. This was a society in the process of selfconsciously reconstituting itself with reference to history. My focus on history, therefore, is intended to reflect my informants’ own preoccupation with their past, and to provide an ethnographic analysis that is aligned with their own world view.
Culture and Ideology: The Conception of the Normal
Authors: Rausing Sigrid 
Published: November 2023

Abstract
Contemporary ethnography is generally critical of distinctions between culture and ideology, which tend to imply an imagined (and artificial) opposition between authenticity and imported modernity, or the primitive versus the civilized (Weiss 1996: 25). Nevertheless, work in the former Soviet Union needsto pay some attention to the question, since, whilst Soviet ideology has entered into the culture, in the sense that informants are only partially aware of it, the fact remains that, for the part they are aware of, some informants subscribe to it and others do not. The post-Soviet changes involve a process of becoming conscious of previously taken-for-granted aspects of culture, and of moving them from the realm of ‘culture’—that is, in this case, the intrinsically Estonian—to the realm of ‘ideology’—that is, the remnants of Soviet ideology and practice. The question of the relationship between ideology and culture, therefore, preoccupied my informants. For them, it was not an abstract question, but rather an intrinsic part of the appropriation of Westernness that largely constituted Estonia’s transition from a Soviet Republic to independence. My informants, in that sense, were their own ethnographers: culturally self-conscious and in transition.