bluuebunny/crossref_metadata_2025_split huggingface dataset:
Firm resources and sustained competitive advantage*
Authors: Barney Jay B , Clark Delwyn N 
Published: November 2023

Abstract
Chapter 1 of this book defined and developed the strategic management question—Why do some firms outperform other firms?—and described the evolution of resource-based theory as one approach to answering this question. Chapter 2 introduced the concept of a strategic factor market to demonstrate that whether a firm gains competitive advantages does not depend just on strategies that create competitive imperfections in product markets, but on the total cost of implementing these strategies. This total cost is determined by the competitiveness of strategic factor markets. One of the central conclusions of this argument is that firms that exploit resources and capabilities they already control in choosing and implementing strategies are more likely to gain competitive advantages than firms that acquire the resources and capabilities they need to implement a strategy in more competitive factor markets. Of course, this conclusion is hardly unique to resource-based theory. Indeed, identifying and exploiting a firm’s strengths while avoiding its weaknesses has been one of the central features of one of the oldest organizing frameworks in the field of strategic management— the SWOT framework (Ans off 1965; Andrews 1971; Hofer and Schendel 1978). This framework, summarized in Figure 3.1, suggests that firms obtain competitive advantages by implementing strategies that exploit their internal strengths, through responding to environmental opportunities, while neutralizing external threats and avoiding internal weak-nesses.
Information technology as a source of sustained competitive advantage*
Authors: Barney Jay B , Clark Delwyn N 
Published: November 2023

Abstract
The field of strategic management focuses on understanding sources of sustained competitive advantages for firms (Porter 1980, 1985; Rumelt, Schendel, and Teece 1991). A variety of factors have been shown to have an important impact on the ability of firms to obtain sustained competitive advantage. Some of these have been discussed in previous chapters of this book—including organizational culture, trust, and human resources. Information technology (IT) has also been mentioned for its possible role in creating sustained competitive advantages for firms (Clemons 1986, 1991; Clemons and Kimbrough 1986; Clemons and Row 1987, 1991a; Feeny 1988; Feeny and Ives 1990; Barney 1991a; Powell and Dent-Micallef 1997; Bharadwaj 2000; Ray 2000). While the assertion that IT might be able to create sustained competitive advantage for firms is provocative, work in this area is relatively underdeveloped, both empirically and theoretically (Jarvenpaa and Ives 1990; Powell and Dent Micallef 1997). Research on IT and competitive advantage has predominantly emphasized ‘describing how, rather than systematically why’ IT can lead to such an advantage (Reich and Benbasat 1990: 326). Accordingly, the IT literature contains case studies of spectacular IT successes, but few conceptual frameworks designed to encourage and assist IT managers with IT implementation (Powell and Dent Micallef 1997).
Resource-based theory and mergers and acquisitions*
Authors: Barney Jay B , Clark Delwyn N 
Published: November 2023

Abstract
A senior manager at a major US corporation was recently overheard describing how her firm had successfully ‘snatched’ a strategically important acquisition from a bevy of competing firms. Her enthusiasm for this acquisition was contagious. Not only did this acquisition add economic value to her firm in the short term, she argued, it also created important long-term strategic advantages. This manager’s enthusiasm reflects the widespread belief, among managers and academics alike, that merging with or acquiring strategically related firms can increase the economic value of successful bidding firms (Salter and Weinhold 1979). A great deal of effort has gone into describing the sources of strategic relatedness that exist between a bidding and target firm (Lubatkin 1987; Singh and Montgomery 1987), and how this relatedness is translated into economic profits for the shareholders of bidding firms once an acquisition is completed (Haspeslagh and Jemison 1987). This ‘relatedness hypothesis’ in mergers and acquisitions has not gone untested. Unfortunately, results are not consistent with these managerial or academic expectations. Lubatkin (1987), for example, found no significant difference in returns to bidding firm shareholders for strategically related and unrelated acquisitions. Also, Singh and Montgomery (1987), despite controlling for the type and degree of strategic relatedness between bidding and target firms, found that these acquisitions did not generate superior returns for shareholders of bidding firms. Singh and Montgomery (1987) did find that the shareholders of related target firms obtain higher profits than the shareholders of unrelated target firms. Indeed, the results of numerous studies, reviewed in Porter (1987) and Jensen and Ruback * This chapter draws from Barney (1988).
Resource-based theory: empirical research*
Authors: Barney Jay B , Clark Delwyn N 
Published: November 2023

Abstract
In 1916, Albert Einstein predicted the existence of gravity waves. Given how small these waves were supposed to be—10 of a millimeter—Einstein was convinced that this implication of his general theory of relativity would never be examined directly. Initially, the existence of these waves was only examined indirectly, by observing that pulsars were losing mass at a rate consistent with the existence of gravity waves. However, more recently, a new generation of wave detection technology has been introduced. Drawing on the computing power of thousands of personal computers linked in a voluntary network, physicists now believe that it may be possible to directly observe gravity waves, though it may take many years to refine the technology and complete the data analysis (Lafferty 2005). Godfrey and Hill (1995) observed that resource-based theory—along with TCE and agency theory—incorporated difficult to observe concepts as independent variables. These authors wondered if it would ever be possible to directly test resource-based theory. Initially, they reasoned, resource based empirical work would have to focus on examining the observable implications of a firm’s resources and capabilities, rather than examining those resources directly. However, more recently, several scholars have begun to develop techniques for measuring at least some aspects of these previously difficult to observe concepts. Although it may take many years to refine this measurement technology and complete the data analysis, there is now a growing belief that it may be possible to measure resources and capabilities and therefore to directly test the implications of resource-based theory (Dutta, Narasimhan, and Rajiv 2005).
Public Acquisitions
Authors: Chong Seung 
Published: November 2023

Abstract
M&A transactions can be either ‘private M&A’ or ‘public M&A’ transactions. The term ‘private M&A’ refers to the sale and purchase of privately held companies which are typically concluded by private treaty, ie using a sale and purchase agreement between the buyer and seller. The term ‘public M&A’ refers to the acquisition of a publicly held company which is usually made through a general offer or tender to all shareholders. In many jurisdictions, including Hong Kong and the PRC, special rules regulate public M&A deals in order to ensure that all shareholders are treated fairly. This chapter looks at some of the rules governing public M&A transactions in the PRC.
In addition, for historical reasons and because of the way the public markets have developed in the PRC, special rules apply to foreign investors who wish to acquire shares in companies whose shares are listed on the Shanghai or Shenzhen stock exchange. They can only do so through certain permitted gateways.
Merger Control
Authors: Chong Seung 
Published: November 2023

Abstract
Competition law in the PRC divides broadly into two regimes: merger control and unfair competition. Merger control deals with business mergers or acquisitions that may result in an excessive concentration, or that may obstruct fair competition or harm the interests of consumers. Merger control is the principal subject matter of this chapter.
Unfair competition regulations address a miscellany of mischiefs including abuses of monopoly positions and cartels. Unfair competition is discussed in Chapter II–3 in connection with Warranty 3.9.
In this chapter, Section 1 discusses the impetus for competition law in the PRC, the restrictive influence of domestic protectionism, the current legislative landscape, and future statutory reforms. Section 2 contains an overview of the merger control regime, identifies the relevant statutory provisions that regulate merger control, and describes the types of merger transactions that are regulated. Section 3 discusses each type of regulated transaction, including the circumstances in which they need to be notified and the criteria for their substantive assessment. Section 4 describes the relevant procedure for making a notification and for the review of a transaction.
The Sale Interest
Authors: Chong Seung 
Published: November 2023

Abstract
This first chapter of Part II deals with the subject matter of the sale, namely, the equity interest or the shares being bought and sold. In the case of an equity interest, the subject matter would be defined as the ‘Sale Interest’ and, in the case of shares, the ‘Sale Shares’. In an asset deal, the subject matter of the sale would be the relevant business or assets. Asset acquisitions are discussed in paras I–1.1.47 to I–1.1.65.
Since the statutory reception of the trust in the PRC as a result of the promulgation of the Trust Law 2001, the concept of beneficial ownership has been recognized. It is therefore legitimate for the Buyer to ask for a warranty as to beneficial ownership.
Environment
Authors: Chong Seung 
Published: November 2023

Abstract
The approach to environmental liabilities and due diligence is one which presently shows greatest variance among buyers and is likely to do so for the foreseeable future. There are various reasons for this. First, and most obviously, a buyer’s approach to environmental risk depends principally on its own corporate policies. Companies apply standards of varying stringency to conduct and behaviour that have an environmental impact. Secondly, the opportunity to be diligent and rigorous when it comes to environmental issues varies in each case. In many cases, because of timing and other constraints, or given the comparatively undeveloped environmental compliance culture in China, the buyer is compelled to take a robust, commercial approach to environmental risks and to rely on contractual measures to limit its liability or to seek redress from the seller.
Where a buyer is proposing to acquire only a minority or strategic stake in the target company, the chance to conduct full due diligence may be limited, as may be the opportunity to veto or infl uence decisions which have an environmental impact after the investment is made.
Introduction
Authors: Heaton-Armstrong Anthony , Shepherd Eric , Gudjonsson Gisli H , Wolchover David 
Published: November 2023

Abstract
This text supplements the contents of Analysing Witness Testimony and adds entirely new material. Its sections enable the reader to marry up and navigate the contents of both texts.The three sections of each text are not mutually exclusive, with themes connecting the contributions in different parts. Some chapters can be viewed as ‘stand alone’ treatments. Others need to be considered in the context of those that precede and follow them.
Oral Testimony From The Witness’s Perspective—Psychological And Forensic Considerations
Authors: Dunn Peter , Shepherd Eric 
Published: November 2023

Abstract
Witnessing is a long journey. In Speaking Up for Justice the Government recognized the 20.01 stresses involved in this journey. The Youth Justice and Criminal Evidence Act 1999 implemented provisions to extend to vulnerable or intimidated witnesses pre-existing special measures introduced for child witnesses. The Act also included measures to protect witnesses from cross-examination by the accused in person.
Assembling an Economic Actor with Iain Hardie
Authors: MacKenzie Donald 
Published: November 2023

Abstract
London: Wednesday, 5 January 2005. Hardie and MacKenzie are observing trading by a hedge fund. With traditional investment vehicles producing poor returns, hedge funds have been growing rapidly in number and in capital. They tend to cluster in particular places, notably in New York (some in mid- town Manhattan, but mainly in the northern suburbs, especially Greenwich, Connecticut) and in the area in which we are: in and around Mayfair and St James’s in London’s West End.
The Material Sociology of Arbitrage with Daniel Beunza and Iain Hardie
Authors: MacKenzie Donald 
Published: November 2023

Abstract
The derivatives discussed in the previous chapter, which now play such a central role in global finance, are contracts or securities whose value depends on the price of an ‘underlying’ asset, on the level of an index, or on an exchange rate, interest rate, or other quantity. Here, as elsewhere in finance, factual status is important. For a derivatives market to be credible, the price of derivatives must not be seen as arbitrary, or as subject to manipulation, but must adequately reflect conditions in the market for the underlying asset, in particular the price of the asset or the level of the index, rate, or other quantity involved.
Emissions Trading and National Allocation in the Member States-An Achilles’ Heel of European Climate Policy?
Authors: Mehling MichaelA 
Published: November 2023

Abstract
On 1 January 2005, emissions trading is set to become a reality in the European Union (EU). That, at least, is the objective spelled out in Directive 2003/87/EC establishing a Scheme for Greenhouse Gas Emission Allowance Trading within the Community and Amending Council Directive 96/61 (Emissions Trading Directive). The path to its achievement, however, is lined with obstacles of an unprecedented scale for Member States seeking to implement the Directive within an ambitious timetable. Among these challenges, national allocation will arguably prove the greatest. Once described as a ‘hornet’s nest’ by an eminent scholar, it requires that each Member State distribute its allowances according to a convoluted set of rules and recommendations, considering the interests of stakeholders while at the same time ensuring that national reduction commitments for greenhouse gases are met.
Reflections on the Scope and Pre-emptive Effect of Environmental Directives-A Case Study on the RoHS Directive 2002/95/EC
Authors: Kalimo Harri 
Published: November 2023

Abstract
Legislation is an embodiment of political choices, a carefully struck compromise between numerous diverging values. In federalist systems such as the European Union (EU), there is a constant tension between vertical levels of government as to where compromises on values should be struck: are state legislators the proper decision makers, or does competence belong to the central lawmaker instead? In the EU, Member States’ and the Community’s competences are in many policy fields concurrent, or mixed. Powers are thus divided in a dynamic manner: as long as EC secondary legislation does not exist in a field, Member States may enact laws that are compatible with primary Community legislation. If the Community, on the other hand, has chosen to harmonize national law by enacting secondary law with a particular scope, Member States’ competence to regulate is traditionally seen as preempted in accordance with reference to the law in question.
Energy
Authors: Rodi Michael 
Published: November 2023

Abstract
On past occasions, the pace of European legislation in the area of energy and the environment has largely been determined by the scale and direction of international diplomacy. In recent years however, negotiations on the future of global climate policy have been beset by an on going stalemate on a number of central issues. The difficulties in achieving significant progress are perhaps best illustrated by the fact that the Kyoto Protocol1 to the United Nations Framework Convention on Climate Change (UNFCCC) has yet to enter into force, and Russia’s participation, while looking promising at the moment, is still not guaranteed. The United States (US), meanwhile, continue to affirm their rejection of the Kyoto Protocol, and advertise an alternative strategy based on modest reduction targets.3 In addition, negotiations have increasingly become characterized by a distinct reluctance on the part of developing countries to enter into any substantive obligations for future commitment periods.
Nature Conservation
Authors: Garcia-Ureta Agustin 
Published: November 2023

Abstract
In 2003, no major changes were made to Directive 79/409/EEC on the Conservation of Wild Birds (Birds Directive) . However, the Directive was amended by Regulation (EC) No. 807/2003 adapting to Decision 1999/468/EC the Provisions relating to Committees which Assist the Commission in the Exercise of its Implementing Powers laid down in Council Instruments adopted in accordance with the Consultation Procedure-Unanimity. The latter gives effect to the provisions of Decision 1999/468/EC laying down the Procedures for the Exercise of lmplementing Powers conferred on the Commission (New Comitology Decision),3 which regulates the committees that assist the Commission in the exercise of its implementing powers. Regulation (EC) No. 807 /2003 lists the Birds Directive in Annex III (Regulatory procedure).
Case Law of the European Court of Justice
Authors: Notaro Nicola 
Published: November 2023

Abstract
The development of interpretative guidelines for existing European Community (EC) environmental law, the organization of seminars, information networks, and other similar ‘pedagogic activities’ are likely to contribute to a better implementation by the Member States. Cross-compliance measures, which would prevent the allocation of European funds when relevant environmental legislation has not been respected, can also provide a strong incentive to implement. However, it is ultimately for the Court to sanction Member States’ violation of EC law, and this happened in about 40 cases in 2003. While no major innovation can be identified in the ECJ’s environmental decisions in 2003, a few rulings deserve closer attention.
The Civil Procedure Rules
Authors: Davis Michael , Akenhead Qc Robert 
Published: November 2023

Abstract
The Civil Procedure Rules 1998 (‘CPR’) came into force on 26 April 1999 and provide a unified procedural code for all civil courts, including the Technology and Construction Court (‘TCC’). As the CPR were being introduced, the former Rules of the Supreme Court were revoked (although various provisions from the Rules of Supreme Court and County Court Rules were retained by way of schedules to the CPR). The CPR constitute ‘a new procedural code with the overriding objective of enabling the court to deal with cases justly’.
Pre-Action Behaviour, The Practice Direction, and the Pre-Action Protocols
Authors: Davis Michael , Akenhead Qc Robert 
Published: November 2023

Abstract
The imposition on claimants and potential defendants prior to the commencement of proceedings of standards of reasonable behaviour is one of the innovations of the CPR. The intention in introducing a system of Pre-Action Protocols by the CPR was to encourage early clarification as between parties to potential litigation of their respective positions. The intention was that the imposition of such a system would cause potential claimants to undertake an early assessment of the strengths and weaknesses of their case so that sufficient information would be available for parties to consider and make early offers to settle.
Trade Mark Use On The Internet
Authors: Maniatis Spyros 
Published: November 2023

Abstract
Looking at trade marks on the internet from a ‘trade mark use’ perspective, 15.01 this chapter will explore two issues. First, how trade mark jurisprudence confronts ‘new types of infringement’ that can be committed using the internet. Second, how it responds to the challenges that the omnipresence of the internet poses to the ‘territoriality’ principle underlying trade mark law. Selective references to English and American cases will illustrate these issues.
Trips And Trade Mark Use
Authors: Evans G E 
Published: November 2023

Abstract
In an era of advanced industrialization, the perceived link between trade 16.01 marks and the origin of the goods or services to which they attach is increas- ingly attenuated by developments in distribution and marketing methods. In the ‘global network economy’1 of the twenty-first century, the symbolic value of the trade mark has assumed even greater significance. The modern mark tends to attract the consumer through these ‘extrinsic’ qualities, which go beyond their ‘intrinsic’ function as indicators of origin.
International Law and The Russian Legal System
Authors: Butler William E 
Published: November 2023

Abstract
Having dealt briefly (Chapter 2) with the role of international law, including international treaties of the Russian Federation, as sources of Russian law, we turn to the general dialogue in Russian legal doctrine about the relationship between international law and the Russian legal system and then consider specific Russian legislation addressed to traditional domains or branches of international law: diplomatic and consular law, the law of treaties, the law of territory, and others.
Introduction: Knowledge, Options, and Institutions
Authors: Kogut Bruce 
Published: November 2023

Abstract
An introduction to a collection of articles is a postscript disguised as a preface. Greek dramatists used a device to put the spectators immediately into the action, thus engaging them emotionally and rendering them empathically as actors in the performance. Since empathy is a behavioral cornerstone to the argument that follows, it is consistent to follow this device and to plunge right in. Across four levels of analysis (cognitive, micro, meso, and macro), we will traverse a discussion of neuroscience and behavioral studies on sociality as a dominant human motivation. The goal of this journey is to arrive at a critical review of current topics in management and strategy (e.g. resources, organizational economics) and an introduction to the subsequent chapters.
Identity, and Learning
Authors: Zander Udo 
Published: November 2023

Abstract
At the turn of the last century, the French economist Léon Walras stylized a competitive economy by a system of equations that relied upon the notion of a tatonnement, or of iterative bidding, by which quantities are cleared. This notion of an exchange economy is fundamental, not only in identifying the meaning of equilibrium, but also in suggesting that economic agents learn collectively the correct prices through a pursuit of self-interested bidding. In a more modern time in which computers trade automatically, Walras’s vision of a tatonnement has been realized in the electronic markets of nonhuman actors. If ever there was a vision of a brain in a vat, it is the evolution of electronic trading in financial markets.