bluuebunny/crossref_metadata_2025_split huggingface dataset:
Cotractual provisions: the de Mattos v. Gibson principle
Authors: Worthington Sarah 
Published: November 2023

Abstract
Proprietary interests provide the best form of security in commercial transactions. Frequently, therefore, contracting parties secure their dealings by agreeing that one party will have property interests in the form of legal or equitable ownership or an equitable charge. These options were examined in the previous chapters. The advantage of such interests is that they deliver rights which are effective against third parties, not simply between the contracting parties. Such proprietary interests are invaluable whenever there are competing claims for payment, especially on insol vency. The obvious utility of proprietary rights prompts the question, are there any purely contractual rights which provide similar benefits? This is the focus of this Chapter. It represents a digression from the main theme of proprietary interests, although it is clearly relevant in providing an alternative source of ‘security’ in commercial transactions.
The Liberalising Nature of Remedies for Breach of Trust
Authors: Oakley A J 
Published: November 2023

Abstract
During the last thirty years a number of types of disposition which would not previously have given rise to a relationship of trustee and beneficiary have been held to have created valid trusts. Thus trust powers whose beneficiaries are not all capable of ascertainment, and purpose trusts which are directly or indirectly for the benefit of individuals,2 haw both for the first time been held to be valid express trusts. Payments made for specific purposes have for the first time been held to be capable of giving rise to trusts, variously classified as express, resulting, and constructive,in favour of the payer until the payee has carried out the purpose in question.
Trust Law for the Twenty-first Century
Authors: Qc Sir William Goodhart 
Published: November 2023

Abstract
Trusts have a long history in English law. The ‘use’, the ancestor of the trust, can be traced back at least to the reign of Henry III in the early thirteenth century. By the end of the fourteenth century, the Chancellor was beginning to enforce uses in his Court of Chancery. By the late seventeenth century, due in large part to the work of Lord Chancellor Nottingham, something recognizable to modern lawyers as the law of trusts had emerged.
The Civil Service
Authors: Tomkins Adam 
Published: November 2023

Abstract
The civil service played a prominent role in the Scott story, yet escaped any mention in the report’s recommendations and hardly figured in the subse quent parliamentary debates. Ever present but rarely noticed, central yet ignored: such has been the habitual fate of the British civil service in consid erations by constitutional lawyers, and the Scott report was no exception. Yet the civil service was subject to the most wide-rnnging constitutional reforms of the long Conservative period in office. Although during the 1997 general election campaign John Major frequently raised constitutional reform as an area where Labour could not be trusted and was a threat to the future of this United Kingdom, his government was the most constitutionally reform minded since Wilson’s first administration m the 1960s. Nowhere was this more evident than with the civil service.
Post-Security Experience
Authors: Fehlberg Belinda 
Published: November 2023

Abstract
I just feel its terribly unfair, the way things have turned out, that I’m actually now dealing with the problems of the failure of my husband’s business. Because of that, I can’t lead a normal life. I’m cleaning up all the rubbish, and it’s very unfair. Especially as I didn’t have any part to play in the management or decision-making of the business. I ended up with the debts and everyone else is living happily ever after. Yes, it’s very unfair. (Mrs Hayes) While the focus of this book is the circumstances in which security is provided, the research would be incomplete without consideration of sureties’ post-security experiences. Sureties’ post-security experiences would provide enough material for a further detailed study revolving around access to justice and the social costs of small business failure, so this discussion is necessarily limited.
Introduction: The Measure of the Law
Authors: Murphy W T 
Published: November 2023

Abstract
Some writers have so confounded society with government, as to leave little or no distinction between them; whereas they are not only different, but have different origins. Society is produced by our wants, and government by our wickedness; the former pro motes our happiness positively by uniting our affections, and latter negatively, by restraining our vices. The one encourages intercourse, the other creates distinctions. The first is a patron, the last a punisher . . . Government, like dress, is the badge of lost innocence; the palaces of kings are built on the ruins of the bowers of paradise.
Rationalities and Technologies: Max Weber and his Legacy
Authors: Murphy W T 
Published: November 2023

Abstract
‘Whoever wants a sermon should go to a conventicle’, wrote Max Weber. Hence, according to Jaspers, Weber’s dying words: ‘That which is true is the truth.’3 To conduct research into Weber today is, inevitably, more and more an endeavour located within the history of ideas and of epistemology. Yet it is also in many respects a contemporary exercise-and this is the enigma of Weber for us. To look ‘back’ to Weber is one way of exploring the possibilities and the limits of the contemporary socio-legal imagination. For this reason the truculent figure of Weber continues, perhaps perversely, to seduce.
Employment, Citizenship, and Services of General Public Interest
Authors: Supiot Alain 
Published: November 2023

Abstract
Everyone knows the tale of the baker’s wife, written by Jean Giono and immortalized on the screen by Marcel Pagnol and the actor Raimu. The baker’s wife is fickle and deserts home and bakehouse to follow her lover. How can a baker live without a wife? He makes the bread and she sells it, and the loss of their married love means that he loses all will to carry on at all. So the baker goes on strike, as it were, making but one simple demand: if she returns so will the bread. Deprived of its bread, the entire village intervenes to bring the baker’s wife back to her husband and thus restore, along with conjugal love, an employment relationship that is indispensable to the bakery.
Inadmissibility for Other Reasons
Authors: Amerasinghe C F 
Published: November 2023

Abstract
Exhaustion of internal remedies 20.The Respondent’s position is that the application is not properly before the Tribunal because in bringing it the Applicant failed to exhaust the Bank’s internal remedies laid down by paragraph 2 of Article II of the Tribunal’s Statute. The Respondent points out that under the Statute the Applicant could validly have prosecuted his grievance directly before the Tribunal without exhausting its internal remedies, only if both he and the Respondent agreed to this course. The Bank said it had not agreed to any such course.21. In particular the Bank points out that the Applicant has not, conformably with the Statute, requested administrative review of the decision .
Proportionality
Authors: Amerasinghe C F 
Published: November 2023

Abstract
General i.43. Staff Rule 8.01, Section 4.01, refers in effect to proportionality in providing that the Bank shall determine the imposition of disciplinary measures on ‘a case-by-case basis’, taking into account, among other elements, ‘the seriousness of the matter’, ‘extenuating circumstances’, ‘the situation of the staff member’, and ‘the frequency of conduct for which disciplinary measures may be imposed’. It is proper, therefore, for the Tribunal in this case to consider ‘the seriousness of the matter’ and ‘the frequency of conduct’ in assessing the proportionality between the Applicant’s wrongdoing and the Bank’s decision to terminate his services. The Tribunal considers that fraud is always a most serious matter. This is particularly true where, even if the amounts improperly claimed as compensation are not large, the conduct consists of repeated acts of unethical behavior. Thus, in this case, where the Applicant persisted in and showed a pattern of abuse, the Respondent is entitled to take a serious view of his misconduct.
Personality Rights: The Limits Of Personal Accountability
Authors: Gibbons* Thomas 
Published: November 2023

Abstract
Although the concept of a personality right is not known in the laws of the United Kingdom, it has featured for many decades, in academic discussion and proposals for law reform, to describe various interests in privacy, reputation, intellectual property, and moral choice. More recently, it has surfaced again in debates about the desirability of introducing a law of privacy1 and the need to rationalize the law of damages.2 In both cases, there has been reference to consideration of personality interests in the United States and in Germany, the latter receiving particular attention because its law explicitly recognizes personality rights as worthy of protection. One reason why the idea of interests in personality is not adopted in this country is that, as a descriptive category, it functions at a very abstract level and any useful discussion soon reverts to the manifestations of personality which may be legally protected. But the notion of an interest in personality is usually intended to be more than descriptive, and represents an attempt to identify some underlying principle which provides a common thread for analysing particular remedies. In this article, I will suggest that a conception of personality rights based on personal accountability can offer a helpful way of organizing both existing legal actions and suggestions for reform.
The Classification of Obligations and Legal Eduction
Authors: Mcbride Nicholas J 
Published: November 2023

Abstract
Anyone who is seriously concerned to teach others about what our judge made obligations (hereafter, simply ‘obligations’) are needs a good list of those obligations. I will justify this assertion later. I want however, first, to explain what a good list of our obligations will do and, secondly, to show that classifying our obligations is an integral part of the production of good lists of our obligations.
The Control Room: the First Stage in the Decision-Making Process?
Authors: Hoyle Carolyn 
Published: November 2023

Abstract
The control room is the critical point at which public demands can be met by available police resources. Control room operators deal with all incidents, emergency or otherwise, reported over the telephone. Hence, it has been argued that this is the first stage in the police decision-making process and that operators, like patrol officers, have the opportunity to exercise discretion in the disposal of cases (Goldstein 1960). This book is primarily concerned with identifying the factors which impact on the decisions regarding the arrest and prosecution of domestic violence perpetrators. Thus, it is important to examine the responses of control room operators to see if they influence the decisions taken by officers at the scene of domestic disputes.
Understanding Prosecution Decisions
Authors: Hoyle Carolyn 
Published: November 2023

Abstract
When the police make an arrest the suspect is taken to the police station so that detention can be authorized by the custody officer. Detention in custody allows the arresting officer, and sometimes his colleagues, to interview the suspect. When the officer believes that he has sufficient evidence to prosecute he is supposed to stop the investigatory process and put the facts before the custody officer, who can then decide whether or not to charge.
When Legislation Should Take Intellectual Disabilities into Account
Authors: Shnit Dan 
Published: November 2023

Abstract
Comparative analysis of legislation on the rights of persons with disabilities in general and on the rights of persons with intellectual disabilities in particular in various developed countries reveals differences in the scope and nature of proposed solutions. It is difficult to single out any country that provides comprehensive solutions for all aspects of the needs and problems of people with intellectual disabilities and the difficulties they encounter. Several countries have outlawed various forms of discrimination against and denial of equal rights to persons with disabilities in general and those with intellectual disabilities in particular. This prohibition refers only to discrimination based on disability and covers employment, public services, and access to services as well as access to public places, public transportation, and communications. The laws in these countries, however, do not include an obligation to provide material assistance and care services tailored to the needs of persons with disabilities. Several countries have enacted legislation acknowledging the right of persons with intellectual disabilities to receive assistance and care services in various spheres of life. Nonetheless, these countries have not outlawed all types of discrimination against persons with intellectual disabilities or all infringements on their right to equal life opportunities.
Out-of-Home Placement of Children with Intellectual Disabilities: The Need for a Family Support Policy
Authors: Rimmerman Arie 
Published: November 2023

Abstract
Families of children with severe intellectual disabilities are at highest risk for out-of-home placement. Despite policies discouraging institutional placement of children with severe disabilities and dramatic reductions in the number of children in institutions, admissions to large state facilities is growing faster than discharges from them. Although most of the children with severe intellectual disabilities will spend their childhoods in their own homes, many will not. According to Meyer, up to 40% of children with severe and profound intellectual disabilities in the United States may no longer be living out-of-home. Parents of these children are caught in the dilemma of whether to place them out-of-home or rear them at home until they reach adulthood.
Regulating the Changing Media
Authors: Goldberg David , Prosser Tony , Verhulst Stefaan 
Published: November 2023

Abstract
One of the areas of contemporary life which is changing most rapidly is that of the media. It includes rapidly changing technology; even more importantly, it bears with it economic and social change which is widely claimed to be revolutionary.2 The aim of this book is to assess the effects of these changes on the capacities of law to regulate the media and, in particular, to examine the extent to which it remains possible for governments and other public authorities to shape the changing media in such a way as to ensure that important social values are not neglected. Such shaping is one role of law, both in its formal sense of constitutions, legislation, and courts, but also through the operation of regulatory authorities established by law. In this book the capacity of radically different legal and administrative systems to cope with fast moving and radical change will be compared with the aim of understanding more about law, regulation, and the media themselves.
The Law of Charities
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
In the last decade, the Charities Acts 1992 and 1993, the emergence of 'the contract culture', and the changing role of the Charity Commissioner, have all contributed to the growing importance of charity law to the practitioner. The Trustee Bill 2000, when enacted, will affect charitable trusts in a number of areas, especially investment and delegation. The Finance Bill 2000 contains some of the most sweeping changes to charity taxation for many years. The Human Rights Act 1998, due to come into force in October 2000, will have an important, but as yet uncertain impact on charities. These recent developments receive full treatment in this book, which aims to provide lawyers and others involved in charity management with an up to date and comprehensive commentary on charity law, including suggestions for drafting. With many new charities being formed as companies, the importance of the various legal structures available to charities is emphasised throughout. Particular attention is also devoted to the view of the Commissioners in the light of their controversial Review of the Register.
Wholly And Exclusively Charitable
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
To attain charitable status, an institution’s purposes or objects must be wholly and 6.01 exclusively charitable. This requirement originated in the law of trusts, in the principle that the execution of a trust must be under the control of the court, so that administration of it can be reviewed by the court, or so that the court itself can execute the trust Provided the purposes of a trust are wholly and exclusively charitable, its due administration can be directed and its property can, if necessary, be applied under a scheme.
Regulation Of Fund-Raising
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
The use by charities of professional fund-raisers has increased significantly since 21.01 the 1980s, and new methods of fund-raising have also been developing, such as the encouraging of donations by credit card. Charities have also been entering into more agreements with business organizations for their mutual advantage, a simple, and not untypical, arrangement being an agreement between a charity and, for example, a baked-bean manufacturer, under which the latter undertakes to give, say, 5 pence to the charity for every tin of baked beans that is sold, a message to this effect appearing on each tin. Although many of these relationships are beneficial to charity, some reports published in the 1980s identified scope for fraud, both on the charities entering into them, and on the public.
The Rationale For Marshalling Of Securities
Authors: Ali Paul A U 
Published: November 2023

Abstract
The equitable doctrine of marshalling of securities is an anomalous doctrine in the sense that it is not readily susceptible to classification. It is not a subrogation remedy or a new category of subrogation, notwithstanding that it employs subrogation, or an equivalent legal process, to achieve its objective of prioritypreservation. It resists restitutionary analysis, even though, in the very act of preserving priority, it redresses the loss sustained by a junior creditor at the hands of a senior creditor. Nor can it be accounted for in terms of the related equitable doctrines of consolidation, contribution and specific performance.
The Community (Antitrust) Remedy Solution
Authors: Jones Clifford A 
Published: November 2023

Abstract
In contrast to Hoskins, Staines advocates the abandonment of ‘old torts’ and judicial establishment of a new remedy ‘unencumbered by outdated principles or irreconcilable dictae’. Staines is one of the few writers to offer explicit support for Lord Denning’s ‘new torts’ approach on the basis that ‘[i]f this approach is accepted, all the difficulties associated with the attempts to find the remedy in the actions for breach of statutory duty and conspiracy may be disregarded’. While not supporting what he regards as Lord Denning having ‘plucked the two new remedies out of the air’, he wholeheartedly accepts the general correctness of the approach because ‘[r]ather than utilizing the old tort remedies, encumbered as they are by rules and principles based on a laissez-faire philosophy long out of date, he [Lord Denning] has broken new ground and established a modern remedy for a modern wrong’.
Damage Principles In Community Antitrust Cases
Authors: Jones Clifford A 
Published: November 2023

Abstract
Many European discussions of the potential for private antitrust damages litigation in the Community have discounted its likelihood on the grounds that US law offers treble damages under the Sherman Act, an inducement apparently not present under Community (or national) law. Some may therefore consider that the law of compensation in Europe is inadequate to make injured parties whole, or that plaintiffs will not engage in private antitrust litigation in the absence of a ‘bounty’ over and above actual injury. It is submitted that neither is the case, and the perception that treble damages are a necessity to induce antitrust victims to seek compensation is mistaken.
Membership, Activism, and the Labour Vote
Authors: Seyd Patrick , Whiteley Paul 
Published: November 2023

Abstract
Do party membership and political activism influence the Labour vote? This is a question which has intrigued academic political scientists as well as party managers and pollsters for many years. Recently there has been an increasing emphasis on the importance of centrally managed media campaigns in general elections. The focus is on prepared ‘sound bites’ and ‘photo opportunities’ for the party leaders, and ‘hot’ issues which can mobilize the voters. This image of the modern election campaign leaves very little room for the party member. Indeed in this view the individual member appears to have the role merely of a bystander, a supporting actor who will provide an appreciative audience in the set-piece election rallies whose chief purpose is to look good on TV.
Transforming Figures
Authors: Taylor Luke 
Published: November 2023

Abstract
This chapter examines a remarkable creative technique employed by Kunwinjku artists-paintings of figures shown with abnormal or changing shapes. Such figures may be visually confusing because they combine elements taken from a variety of different species. For example, some paintings show figures combining human, fish, and insect features, while others may show figures with crocodile, snake, and kangaroo features. Such paintings are interpreted by Kunwinjku as representations of the Ancestral beings and are distinguished from paintings of ‘ordinary’ animals.
Austria
Authors: Pelinka Anton 
Published: November 2023

Abstract
The Republic of Austria, founded in 1918 and reproclaimed a sovereign state in 1945, is a federal state. It consists of nine Länder (provinces) which share the legislative and executive powers with the central government. When one compares the jurisdictional domains of the two levels of government as established by the Constitution of r920 (which remains the legal foundation of the constitutional system in Austria), one observes a relatively high degree of centralization; that is, a significant preponderance of central, federal power vis-à-vis the provinces, in contrast to other federal systems in Western Europe, and, particularly, in the United States, Canada, and Australia.
Liberal Virtues
Authors: Macedo Stephen 
Published: November 2023

Abstract
Liberal democracy is often defended because it secures freedom, order, and prosperity. Without slighting these solid achievements, Liberal Virtues responds to those who worry that the theory and practice of free self-government neglect the importance of community and citizen virtues. Professor Macedo offers a critical interpretation and original defence of the great tradition of individual freedom associated with John Locke and the founders of the American republic. At the moral core of the theory and practice of the rule of law and liberal constitutionalism lies a commitment to public reasonableness: politics is an exercise in reason-giving and not the assertion of raw power. The author defends a theory of public justification, and explains how the legal and political institutions of liberal democracy embody a collective commitment to reasonableness. He concludes by considering the types of personality and society associated with life in a pluralistic, open, and tolerant liberal society.