bluuebunny/crossref_metadata_2025_split huggingface dataset:
China Monopoly and Abuse of Dominance
Authors: Monopoly China , Furse Abuse Of Dominance Mark 
Published: November 2023

Abstract
Proscriptions on general monopoly conduct are set out in Chapter III of the AML, headed ‘Abuse of dominant market status’.1 The three articles set out in Chapter III relate to business operators, and not to administrative monopolies or administrative power, which are dealt with in Chapter V of the Law (‘Abuse of administrative power to eliminate or restrict competition’). Chapter V marks a sea-change in the approach in China to the regulation of the economy, and given the structure of the Chinese economy may, if enforcement is rigorous, be significant in its impact.
The Servants of Power
Authors: Baritz Loren 
Published: November 2023

Abstract
Henry Ford II, 1946: ‘If we can solve the problem of human relations in industrial production, we can make as much progress toward lower costs in the next 10 years as we made during the past quarter century through the development of the machinery of mass production.’ By the middle of the twentieth century, industrial social science had become one of the most pregnant of the many devices available to America’s managers in their struggle with costs and labor, government and the consuming public. But, even then, industrial social science remained richer in its promise than in its accomplishments, impressive as these had been.
Critical Theory and Postmodernism: Approaches to Organizational Studies
Authors: Alvesson Mats , Deetz Stanley 
Published: November 2023

Abstract
Anyone who has followed the writings in critical theory and postmodernism during the last decade or so understands the difficulties we face in trying to provide a short, understandable and useful overview of this work. The two labels refer to massive bodies of literature, most of which are difficult to read. Compared to most other research perspectives treated in this Handbook, most of the various critical theory and postmodernist positions are still relatively new to management studies. Texts in the field cross many traditional disciplinary divisions. Many researchers draw on both traditions; others argue for irreconcilable differences between them.
Tensions between Fairness and Efficiency
Authors: Park William W 
Published: November 2023

Abstract
Arbitrators often complain about frivolous motions and excessive requests for documentary discovery. Scholars worry that arbitration allows business managers to evade statutory norms that further vital public policies. Winning claimants complain that judicial review of awards impairs neutrality and finality. Losing litigants grumble that arbitrators apply the law either too strictly or not strictly enough. Discontent aims principally at the abuse of otherwise legitimate procedures, whether in arbitration itself or in related court actions. Arbitrators and judges are increasingly aware of the need to discourage litigants from frustrating the basic aims of business arbitration: dispute resolution that is both relatively efficient and reasonably free from excessive judicial intervention.
Financial Transactions
Authors: Park William W 
Published: November 2023

Abstract
The human species, according to the best theory I can form of it, is composed of two distinct races: the men who borrow and the men who lend. The world’s bifurcation into debtors and creditors has created yet another class of people: those involved in resolving disputes between lenders and borrowers. To promote reliability in financial dispute resolution, credit agreements have generally provided that potential controversies will be submitted either to courts in the bank’s home jurisdiction,2 or to courts of a major money center such as London or New York.3
Employment Tribunal Compensation
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
Over recent years the jurisdiction of the Employment Tribunal has increased dramatically the vast majority of employment claims are now brought here. And as the value of claims has increased, so too has the complexity of compensation awards and agreements legal advisers now routinely need to advise on tax and pensions issues. Developments in employment law notably in discrimination law have also increased the range of actions brought. Employment Tribunal Compensation provides a comprehensive, practical and accessible guide to the financial awards available for every type of claim brought to the Tribunal, including wrongful dismissal, unfair dismissal, redundancy, discrimination, equal pay and claims for unpaid wages. Based on Anthony Korn ‘s well-regarded text Compensation for Dismissal, this new edition has been designed with the Tribunal practitioner in mind and has been substantially revised to include a detailed new section on discrimination compensation as well as a fully updated section on compensation for unfair dismissal (including a chapter on compensation for loss of pension rights written by Raymond Jeffers, Head of the London Employment Group at Linklaters). Key features include: Detailed analysis of the principles underlying Employment Tribunal awards, and their continuing development Comprehensive coverage of recent case law including decisions relating to the calculation of future loss, the relevance of the Ogden tables, and the reduction of damages for contributory fault in unfair dismissal claims, and changes brought about since implementation of the dispute resolution procedures under the Employment Act 2002 Specific practical guidance on award calculation (including worked examples), case preparation and evidence, Tribunal procedure, settlement negotiations and tax liabilities The book is accompanied by a regularly updated companion website.
Compensation for Wrongful Dismissal
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
The law of wrongful dismissal is essentially an extension of the ordinary common law rules which govern the termination of a contract. A dismissal is therefore wrongful if the employer either terminates the contract in a manner which is contrary to its terms or does some other act which shows an intention not to be bound by it. Essentially, any termination by an employer which is not lawful will be wrongful. Apart from exceptional cases, where a contract of employment can be terminated on specified grounds, the law of wrongful dismissal is concerned with the mode of termination rather than the reasons for termination.
The Compensatory Award: General Principles
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
The third element in unfair dismissal compensation is the compensatory award. Unlike the basic award, this is not based on a fixed statutory formula but rests on the simple principle that employees should be compensated for the loss caused to them as a result of their dismissal. Thus in most cases the compensatory award will be the largest element in the total award. This chapter looks at the general principles which govern the compensatory award. Chapters 7, 8, and 9 consider the types of payment and the benefits for which compensation may be awarded in detail.
Calculating the Compensatory Award: Loss of Earnings
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
This chapter looks at the two main heads of compensation established by Norton Tool Co Ltd v Tewson[1973] All ER 183, which are immediate loss of earnings, i.e., loss of earnings between the date of dismissal and the date of the hearing, and future loss of earnings, i.e., compensation for any continuing loss after the hearing. Tribunals are thus expected ‘to glance both backward into the past and forward into the future ‘ (per Waite J in Thompson v Smiths (Harlow) Ltd EAT 952/83), but before considering how tribunals approach this task, it is necessary to examine what sums count as lost earnings for this purpose.
Calculating the Compensatory Award: Manner of Dismissal
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
The third head of compensation established by Norton Tool Co Ltd v Tewson[1973] 1 All ER 183 is compensation for the manner of dismissal. At first, this was thought to include compensation for injured feelings, but, in Dunnachie v Kingston Upon Hull City Council[2004] IRLR 727, the House of Lords ruled that the loss contemplated by s. 123(1) of the ERA is economic loss rather than injury to feelings or other forms of non-economic injury. Nonetheless, compensation will be awarded where the manner of dismissal means that the employee is likely to be at a disadvantage in the labour market or causes psychological injury which prevents the Claimant from looking for a new job.
Reducing Unfair Dismissal Compensation: Justice and Equity
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
The grounds upon which an award of unfair dismissal compensation may be reduced or limited are regulated, like the awards themselves, by statute (Cadbury Ltd v Doddington[1977] ICR 982). In summary, the basic award may be reduced where: the employment tribunal considers it just and equitable to reduce the award because of the conduct of the employee before the dismissal (ERA 1996, s. 122(2) ); or the employee unreasonably refuses an offer of reinstatement (s. 122(1) ). In addition, any redundancy payment made to the employee, whether under the statutory scheme or otherwise, is set off against the employer ‘s liability to pay the basic award (s. 122(4) ).
Mitigation of Loss
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
This chapter looks at the circumstances in which compensation may be reduced as a result of an employee ‘s failure to mitigate the loss caused by the dismissal. In determining the loss suffered by the employee, a tribunal is under a duty to ‘apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland ‘ (ERA 1996, s. 123(4) ). The intention of the statutory wording is that the common law rules on mitigation should apply to unfair dismissal (Fyfe v Scientific Furnishings Ltd[1989] IRLR 331).
Recoupment Regulations, Tax, and Miscellaneous Matters
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
The amount of unemployment benefit or income support received by employees between the date of dismissal and the hearing is disregarded for the purpose of assessing the compensatory award. However, such payments are deducted by the employer from the final award and must be paid directly to the Secretary of State (now Department of Work and Pensions) under The Employment Protection (Recoupment of Jobseeker ‘s Allowance and Income Support) Regulations 1996 (made pursuant to the Employment Tribunals Act 1996, ss. 16 and 17), referred to below as ‘the regulations ‘.
Compensation in Discrimination Cases
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
This part examines the rules and principles governing compensation in discrimination cases and their relationship with the tribunal ‘s power to award unfair dismissal compensation under ERA 1996, s. 123. According to the latest Equal Opportunities Review annual survey of compensation awards (EOR No. 144, August 2005), compensation totalling just over £6 million was awarded by Employment Tribunals in 368 discrimination cases in 2004. This represents a 44% increase on the total for 2003. Comparison with figures from previous years therefore shows that the trend continues upwards.
Compensation for Other Employment Tribunal Claims
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
In addition to contractual claims, unfair dismissal, and discrimination, Employment Tribunals have power to award compensation in a wide variety of other jurisdictions. Foremost amongst these in statistical terms are disputes over payment of wages (Part II of the Employment Rights Act 1996) and redundancy payments (Part XI of the Employment Rights Act 1996). This section of the book covers the remedies available in Employment Tribunals in some (though not all) of those jurisdictions.
Settlement
Authors: Korn Anthony , Sethi Mohinderpal 
Published: November 2023

Abstract
‘The law loves compromise. ‘ So wrote Lord Bingham in his foreword to the fourth edition of the Law and Practice of Compromise by David Foskett QC (quoted with approval by Mummery LJ in Dattani v Trio Supermarkets Ltd[1998] IRLR 240). Moreover, as Lord Bingham also points out, settlement ‘may call for as much skill including legal skill, as fighting the action ‘. This chapter look at the specific rules which apply to the settlement of employment tribunal claims. The popularity of settlement of Employment Tribunal claims is borne out by the Employment Tribunal Statistics. The latest statistics show that of the 40,927 unfair dismissal complaints brought in 2004, 44% were settled through ACAS and 27% were withdrawn.
Article 3 of the European Convention on Human Rights (Prohibition of Torture and Inhuman or Degrading Treatment)
Authors: Kotzeva Anna , Murray Lucy , QC Robin Tam 
Published: November 2023

Abstract
Under section 6(1) of the Human Rights Act 1998 (HRA), it is unlawful for a public authority to act in a way which is incompatible with a right protected under the European Convention on Human Rights, as translated into domestic law rights by the HRA. The translated Convention provisions are Article 2 (right to life), Article 3 (prohibition of torture), Article 4 (prohibition of slavery and forced labour), Article 5 (right to liberty and security), Article 6 (right to a fair trial), Article 7 (no punishment without law), Article 8 (right to respect for private and family life), Article 9 (freedom of thought, conscience, and religion), Article 10 (freedom of expression), Article 11 (freedom of assembly and association), Article 12 (right to marry), Article 14 (prohibition of discrimination), as well as Articles 16 to 18 and parts of the First and Sixth Protocols, which are less relevant in the immigration context.
Other Human Rights Articles Potentially Applicable in the Asylum and Human Rights Context
Authors: Kotzeva Anna , Murray Lucy , QC Robin Tam 
Published: November 2023

Abstract
As has been observed in Chapter 4, the House of Lords in Ullah1 affirmed that Articles of the European Convention on Human Rights other than Article 3 could be engaged in relation to a removal of an individual where the anticipated treatment in the receiving State will be in breach of the requirements of the Convention, but such treatment does not meet the minimum requirements of Article 3. In a purely ‘domestic case’, where the claim is that the UK has acted within its own territory in a way which infringes the enjoyment of a Convention right by a person within that territory, it is always possible that articles other than Article 3 could be engaged. The issue in Ullah was whether the same applied in ‘foreign’ cases where it is claimed that the conduct of the UK in removing a person from its territory (whether by expulsion or extradition) to another territory will lead to a violation of the person’s Convention rights in that other territory.
Certification and Removal
Authors: Kotzeva Anna , Murray Lucy , QC Robin Tam 
Published: November 2023

Abstract
Where an asylum seeker has passed through a country which is deemed to be safe, his claim for asylum will not be decided in the United Kingdom but he will be removed to the safe ‘third country’. That country will then decide their claim for asylum. Under the 2004 Act, the Home Office will issue a certificate under section 33(1) and parts 2, 3, 4, or 5 of Schedule 3 to the 2004 Act which enables an asylum seeker to be removed the a safe ‘third country’. This system has been in force since 1 October 2004. We deal below with the four categories of third country cases created by the 2004 Act and we deal with the procedures which enable applicants to challenge certificates issued under the Act.
Evidential Issues: Presenting Data
Authors: Walden Ian 
Published: November 2023

Abstract
Having carried out the investigations and obtained what appears to be sufficient evidence, the next stage in the criminal justice process is the prosecution of the computer criminal, a process of presenting evidence to a court or tribunal of fact. Evidential rules tend to be very specific to each jurisdiction, but as with many areas of law, a broad distinction can be made between civil and common law systems. In civil law systems, criminal proceedings are generally based upon a judge(s) acting as an investigator, gathering and evaluating the evidence. By contrast, common law criminal proceedings are generally adversarial, with evidence being presented and challenged by the prosecutor and the defendant’s legal advisers before a jury and/or judge.
Restrictions Upon Financial Promotions
Authors: Russen Jonathan 
Published: November 2023

Abstract
The statutory objectives of the FSA are such that the provisions of the FSMA need to ensure that improper promotion of financial products is curtailed. Under the provisions of the Financial Services Act 1986, a number of disparate restrictions upon unauthorised advertisements and unsolicited calls had been put in place. The FSMA has replaced these with a single restriction (the financial promotion restriction explained below) that is designed to provide a uniform approach to the regulation of financial promotions.
History of Universities
Authors: Feingold Mordechai 
Published: November 2023

Abstract
Volume XXI/1 of History of Universities contains the customary mix of learned articles, book reviews, conference reports, and bibliographical information, which makes this publication such an indispensable tool for the historian of higher education. Its contributions range widely geographically, chronologically, and in subject-matter. The volume is, as always, a lively combination of original research and invaluable reference material.
An Early Oxford Riot: Oseney Abbey, 1238
Authors: Sheffler David L 
Published: November 2023

Abstract
On the 23rd of April 1238, a group of Oxford students traveled the short distance from the university to Oseney Abbey. Earlier that day they had sent gifts to the papal legate, Cardinal-Deacon Otto, who was staying at Oseney Abbey during his visit to Oxford. The students, who appear to have expected an audience, were dismayed when they were curtly rebuffed. Tempers flared and the situation became violent when the legate’s chief cook poured boiling water on a poor Irish clerk who had come to beg alms. One of the students, according to Matthew Paris a Welshman, shot the offending cook with an arrow, killing him on the spot. Alarmed by the clamour of the ensuing melee, the legate withdrew to the church tower, where he waited until nightfall before fleeing to the safety of the king.
The Fifteenth Century Accademia Pontaniana— An Analysis of its Institutional Elements
Authors: Furstenberg-Levi Shulamit 
Published: November 2023

Abstract
Recent scholarship has invested much effort in proving wrong certain ‘myths’, which, until lately, have nourished Renaissance Studies. One of these ‘untrue’ myths is that of the ‘Platonic Academy’. James Hankins, in an essay that has become mandatory reading for Renaissance scholars, revives with modifications Gustavo Uzielli’s claim that the Platonic Academy of Florence was nothing but a fable. Hankins bases his central argument on the variety of meanings the term ‘academy’ had in the fifteenth century, and contends that scholars before him often limited the term to the meaning most akin to its modern usage, i.e., ‘a regular gathering of a literary group of people’, while ignoring other possible meanings. In Hankins’s view, the term ‘academy’ as found in connection with Marsilio Ficino (1433–1499), should be understood in most cases as Ficino’s delivery of private lessons to individual students.
History of the University of Salerno
Authors: Brambilla Elena 
Published: November 2023

Abstract
The history of the University of Salerno—on the Tirrenian coast south of Naples—has been conceived, by its general editor Aurelio Musi, as something more than a history of professors and students, chairs and buildings. Its first volume, the only one in print to date, is divided into three sections, the first one dedicated by Italo Gallo to the Greek foundations of the medical tradition in Southern Italy (Magna Grecia), the second by Massimo Oldoni to the Ancient and Medieval period, and the third by Aurelio Musi himself to the Early Modern period up to the Napoleonic era.
Paul R. Deslandes. Oxbridge Men: British Masculinity and the Undergraduate Experience, 1850–1920
Authors: Darwall-Smith Robin 
Published: November 2023

Abstract
Paul Deslandes, Assistant Professor of History at the University of Vermont, has produced a study of undergraduate life at Oxford and Cambridge between 1850 and 1920 which, as he himself declares, ‘explicitly and self-consciously relates the study of Oxford and Cambridge to the study of professionalisation, imperialism, gender relations, adolescence, sexuality, and politics’ (pp. xii–xiii). To relate these two studies, he aims to examine how undergraduates saw themselves during this period, and the ways in which they constructed a world of elite maleness in which they lived during their university years.
Messiah
Authors: Ashton John 
Published: November 2023

Abstract
As soon as we turn to a close study of the christology of the Fourth Gospel, we come face to face with one of its greatest puzzles. Looking back over the long Christian centuries, we may be astonished to see how quickly Paul and John, who surely never met in life, came to be joined together after death in other people’s writings. And we may be surprised too at the extent to which this comfortable yoking has dominated Christian theology ever since. No doubt the Synoptic Gospels held their place; but for them Christianity might well have rapidly vaporized into some form of speculative Gnosticism. It did not; the parables of the kingdom and the Sermon on the c continued to be regarded as indispensable elements of the Christian message, and—more importantly—the Jesus who preached them remained ever present to the Christian consciousness. And if the air-space of theology and the floor-space of worship were both largely occupied by a pre-existent divine being unimagined by the Synoptists, this did not really matter until the tensions and inconsistencies between the two figures were explicitly acknowledged and began to cause an increasing discomfort among the faithful, a discomfort which persists to this day.
Excursus V: The Composition of John 7
Authors: Ashton John 
Published: November 2023

Abstract
No chapter in the Gospel poses more problems of analysis than this one, and the continuing disagreement is not surprising. What follows is an attempt to give some exegetical justification to the answers given to these problems in Chapter 4. The core of the chapter is to be found in two sets of material: (a) a controversy over the person of Jesus centring upon the twin themes of mission, which alludes to the claim that Jesus is the prophet, and origins, which is associated with the title of Messiah; (b) the story of Jesus’ attempted arrest, which itself concludes with a controversy story of a different kind involving the same two titles: a strong and reasonably homogeneous armature, then, over which further material has been laid. Besides this unity of theme, after the introduction there is also a unity of time (the Feast of Tabernacles) and place (the Temple). The controversy material (a) is found in two blocks: vv. 11–31 (excluding vv. 19b–24) and vv. 37–44 (excluding v. 39, which is certainly a later gloss from the hand of the evangelist).