bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Participants in the UK
Authors: Stapledon G P 
Published: October 2023

Abstract
This and the following two chapters look at the history and current level of institutional monitoring of the management of UK quoted companies. The most obvious and important matters to be addressed are the various issues with which the institutions have been concerned, and the manner in which the institutions have gone about their monitoring. Those two matters are dealt with in Chapters 4 and 5, respectively. However, before attention is shifted to those substantive topics, this chapter addresses two subsidiary issues. First, who are the significant institutional players in the UK corporate-governance arena? Are they the pension schemes, insurance companies, unit trusts, and investment trusts (i.e. the bodies which own beneficially about 60% of UK equities)? Alternatively, are they the fund managers (i.e. the outside firms and in-house subsidiaries which provide investment-management services to the pension schemes, insurers, unit trusts, and investment trusts)? Secondly, institutional monitoring sometimes occurs through collective-action vehicles-mostly the institutions ‘ trade associations. The second main aim of this chapter is therefore to provide a brief description of the institutions ‘ collective-action bodies.
Equity’s Identification Rules
Authors: Hayton David 
Published: October 2023

Abstract
This chapter is concerned with Equity’s restitutionary proprietary remedy for vindicating existing property rights against the traceable product of property (subject to a trust or other fiduciary relationship), whether by way of the imposition of a constructive trust or an equitable lien (commonly referred to as a charge). It concentrates upon the equitable rules where new assets have been acquired in place of the original trust property. Such rules endeavour to identify the value of the original property in new assets so as to ascertain the value surviving in the defendant’s hands. The plaintiff has to prove that his claim has a ‘proprietary base’ and that there are ‘transactional’ links between the original property and the new assets enabling the value of his property to be matched with the new assets. Only such proprietary links will justify the proprietary remedy affording the plaintiff priority over the defendant’s unsecured creditors in the event of the defendant’s insolvency, the unsecured creditors (but not the plaintiff) having accepted the risk of such insolvency.
Intellectual property and private International law
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
The protection and commercial exploitation of intellectual property rights such as patents, trade marks, designs and copyright are seldom confined to one country and the introduction of a foreign element inevitably raises potential problems of private international law, ranging from establishing which court has jurisdiction and which is the applicable law to securing the recognition and enforcement of foreign judgments. For example, will a foreign defendant be subject to the jurisdiction of the English courts if he induces his English distributor to infringe a patent in England? What law will apply to a trade mark licensing agreement made between a German company and a French company where the parties have not expressly chosen whose law governs their contract? And are an author's rights determined by the same law as that governing the issue of the transferability of copyright? Although such issues are becoming increasingly important, a dearth of literature exists on the subject. Fawcett and Torremans remedy that neglect and provide a systematic and comprehensive analysis of the topic that will be welcomed by practitioners and scholars alike. From the authors' preface This book is concerned with the application of the rules of private international law to intellectual property cases. Private international lawyers have largely ignored this topic, and it has been left to intellectual property lawyers to discuss this. This is a pity. It is a topic which raises unique questions for the private international lawyer which deserve an answer, and at the same time tells us much about the rules of private international law that are being applied. The aim of the book is to fill this gap in the literature. The emphasis in the book is on private international law rather than on intellectual property law. Nonetheless, it is hoped that intellectual property lawyers will find much to interest them here Most of the book is taken up with a discussion of the relevant rules of private international law and their application in the context of intellectual property law. A major theme of the book is the extent to which there are special rules of private international law for this area and whether there should be such rules. Alternative private international law solutions will be considered by looking at the law in other jurisdictions and, where appropriate, proposals will be put forward for a better solution This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.
Creation and Validity of Intellectual Property Rights: Jurisdiction
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
The creation of certain intellectual property rights requires the successful completion of a registration procedure, whilst the creation of other intellectual property rights does not. Once a right is supposedly created, the issue of its validity arises. Were all the criteria met or should the right never have been granted? The creation issue is also closely linked to the scope of the intellectual property right, because the content of the right is determined by the outcome of the creation process.
Infringement: The Applicable Law
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
In this chapter, the law applicable to infringement will be examined. But first, something needs to be said about how questions as to the applicable law arise.Such questions arise when the facts of the case involve a relevant foreign element and the substantive law of each country is different. There is a relevant foreign element where one or both of the parties reside abroad or the infringement occurred abroad. There may be an infringement in more than one country. For example, unauthorised copies of a book may be put on sale in all countries of the European Union.
Recognition and Enforcement of Foreign Judgments Relating to Intellectual Property
Authors: Fawcett James J , Torremans Paul 
Published: October 2023

Abstract
requirement that the judgment is a final one. As far as intellectual property cases are concerned, an injunction can come within Article 25, as can an interim order.As long as recognition and enforcement is sought in relation to a judgment that has been given by a court or a tribunal in a Contracting State, the Convention applies irrespective of the basis on which that court or tribunal took jurisdiction. It is by no means necessary that the court or the tribunal took jurisdiction on the basis of a jurisdictional rule that is contained in the Brussels Convention. It could have taken jurisdiction on the basis of a traditional national rule.
Broadcasting
Authors: Barendt Eric , Lustgarten Laurence , Norrie Kenneth , Stephenson Hugh 
Published: October 2023

Abstract
Obviously there are important legal and practical differences between the positions of newspapers and the broadcasting media. As far as the law is concerned, it must be remembered that the latter are relatively tightly regulated, in that, first, alicence must be granted before a commercial broadcaster, whether of radio or television, is free to operate; secondly, broadcasting legislation1 imposes a number of detailed programme requirements; and thirdly (at the time of writing), the Broadcasting Complaints Commission controls, among other matters, the fairness of programmes. Equally, the BBC operates under a Charter and an Agreement, which impose broadly similar programme standards to those governing private channels and stations; further, it is also subject to the control of the Broadcasting Complaints Commission (BCC) in the same way as private radio and television. Broad casters therefore operate in a culture of control and regulation, far removed from that found in the press, whether national or regional.
Dangerousness and Citizenship
Authors: Duff* R A 
Published: October 2023

Abstract
My focus in this chapter is on persistent, serious, violent offenders, who are fully responsible for their crimes (I assume, but will not argue now, that this class is not empty). ‘Persistent’ offenders are not merely repeat offenders who break the law more than once (or who repeat the same kind of offence): they are those whose repeated crimes cannot, given the character and contexts of their commission, be seen merely as a succession of discrete aberrations in otherwise law-abiding lives; they rather display a pattern of offending, which persists despite regular convictions and punishments.
Desert, Proportionality and the Seriousness of Drug Offences
Authors: Husak Douglas n. 
Published: October 2023

Abstract
Andrew von Hirsch’s central contribution to legal philosophy has been his sustained defense of a desert model of punishment and sentencing. In this chapter I endeavor to apply desert theory and the principle of proportionality to assess the seriousness of drug offences. In section 1, I briefly place the issue of the seriousness of drug offences in the larger context of the ongoing debate about drug policy.
Determinacy, Objectivity, and Authority
Authors: Coleman Jules L , Leiter Brian 
Published: October 2023

Abstract
Since the 1970s analytic jurisprudence has been under attack from what has come to be known as the Critical Legal Studies (‘CLS’) movement. CLS has been joined in this attack by proponents of Feminist Jurisprudence, and, most recently, by proponents of Critical Race Theory. When the battle lines are drawn in this way, the importance of the distinctions between the Natural Law and Positivist traditions are easily missed. Whatever distinguishes Hart from Dworkin, and both from Lon Fuller, matters very little from this point of view, as compared to what (theoretically at least) unites them, and that, according to its critics, is a commitment to the ideals of ‘legal liberalism’.
All or Nothing at All? The Intentions of Authorities and the Authority of Intentions
Authors: Alexander Larry 
Published: October 2023

Abstract
The scene is the town council meeting in Our Town. The proposal on the floor is-yes, you’ve heard this one before-an ordinance that reads: ‘No vehicles are allowed in the park.’ The members of the town council-Alice, Barbara, Charles, David, and Edith-are casting their votes. Alice votes aye. She has been concerned about the safety of pedestrians, especially children, which she believes is jeopardized by the large number of cars, trucks, and motorcycles that now travel through the park.
Three Very Remarkable Nineteenth-Century Lawyers: Lyndhurst, Denman, and Campbell
Authors: Jones* Gareth 
Published: October 2023

Abstract
Brian Simpson has done much to illuminate nineteenth-century legal history. This essay is offered as a modest tribute to a distinguished scholar and a close friend. Its subjects are three lawyers, all born in the late eighteenth-century but who lived well into Victoria’s reign: John Singleton Copley Junior, Lord Lyndhurst (1772-63); Thomas Denman, Lord Denman (1779-1854); and John Campbell, Lord Campbell (1779-1861).
Individual Rights to Environmental Protection in India
Authors: Anderson Michael R 
Published: October 2023

Abstract
Probably more than any other jurisdiction on Earth, the Republic of India has fostered an extensive and innovative jurisprudence on environmental rights. Fifteen years after the onset of public interest litigation, it is now common for lawyers representing environmental claims to tum in the first instance to the terminology of rights rather than the more traditional rules of tort and crime. Not only has the Supreme Court ruled that every individual has a fundamental right to the ‘enjoyment of pollution free water and air’, but it has been willing to resolve complex matters of environmental management according to this test, and has fashioned a series of innovative procedural remedies to accompany the new substantive right. Moreover, in a country where the most serious costs of environmental damage fall upon impoverished and illiterate groups with limited access to the courts, the new environmental right is championed as a legal gateway to speedy and inexpensive legal remedy.
Pedro Juan Cubillo V. Commonwealth Of Australia: Right Result, Wrong Method
Authors: Reece Helen 
Published: October 2023

Abstract
From 1957 to 1958, Pedro Juan Cubillo was a private in the Australian army, engaged in constructing and dismantling atomic explosion test sites and equipment. in 1982, he was diagnosed as having renal-cell carcinoma. About ten years later, he brought proceedings against the Commonwealth of Australia, claiming that his cancer had been caused by ionizing radiation, to which he had been exposed as a result of his employer’s negligence.
What Lawyers Need To Know About Science
Authors: Wolpert Lewis 
Published: October 2023

Abstract
Science is the best way to understand the way the world works. It has had enormous success in explaining physical, chemical, and biological processes, and even the behavioural sciences, though there remain great areas of ignorance. in biology too there are lacunas and uncertainties. Even in the so-called harder sciences like physics and chemistry, while there is much greater certainty that the ideas are correct, there remains in some areas some little room for a little doubt. in part this success is because science is a social process in which there is constant critical evaluation.
Judicial Review and the Rights of Private Parties in EC Law
Authors: Ward Angela 
Published: October 2023

Abstract
Judicial Review and the Rights of Private Parties in EC Law provides a detailed exposition of the rights of private parties when they seek to either enforce or challenge laws emanating from the European Community legal order. The book is the first of its kind in that it compares the efficacy of avenues of legal redress that are available in these two types of litigation. It explains that there is a substantial disjuncture in standards of judicial review-it is significantly more difficult for private parties to obtain an effective remedy when contesting the legality of EC measures, than it is to obtain an adequate judicial sanction when Member State laws fail to comply with lawful EC rules. This revelation in turn funnels into the debate on the legal structure of the European Union and its legitimacy, and more particularly the role of the European Court of Justice in crafting a federal constitutional design. The book concludes with some suggestions for amendment to the EC Treaty which may alleviate some of the tasks presently born by the by the Court of First Instance and the Court of Justice, and assist in justifying the divergence inherent in judicial review as it presently stands. The book will be invaluable to legal practitioners, academics, and students of EC law. It thoroughly and lucidly canvasses the mechanisms available to private parties to activate EC law in order to further the interests, while placing these rules within a ‘constitutional’ context.
Information as a Human Right
Authors: Sedley Stephen 
Published: October 2023

Abstract
We are accustomed to finding that we have been lied to. To insure ourselves against such deceptions we repeat the mantra that we don’t believe everything we read in the newspapers. There have been, and must still be, parts of the world where the reputation of the press is such that people don’t believe anything they read in their newspapers: I recall that in Czechoslovakia in the 1960s nobody believed that United States aircraft were dropping cluster-bombs and napalm on Vietnam because the official newspaper, piquantly named Pravda (Truth), reported daily that they were. Because our experience in the United Kingdom is less uniformly bad, we tend to give initial credence to what we are told. Yet repeated revelations over recent years that people in whom the public pur its trust have been lying not only to the media but to Parliament and the courts have shaken our confidence in our own scepticism.
International Trade Law and Infectious Diseases
Authors: Fidler David P 
Published: October 2023

Abstract
From the beginning of international efforts on infectious disease control, international trade has been at the heart of microbialpolitik. The relationship between trade and infectious diseases is, in fact, much older than the mid-nineteenth century, as illustrated by the channels that trading routes created for the spread of infectious diseases in ancient and medieval times. This ancient relationship between trade and infectious diseases is today receiving new emphasis as the globalization of the trade in food products provides pathogenic microbes with new opportunities to spread. Trade is recognized as a major contributing factor to the emergence and re-emergence of infectious diseases in the late twentieth century.
International Human Rights Law and Infectious Diseases
Authors: Fidler David P 
Published: October 2023

Abstract
Pathogenic microbes have historically caused governments to treat infected individuals, and people suspected of infection, very badly. The human rights aspects of infectious disease control have, however, only surfaced prominently in the last fifteen years because of HIV/AIDS. This chapter analyses the three themes that infectious diseases have generated in international human rights law: (1) the limitations placed on the enjoyment of human rights by public health measures; (2) the development of the human ‘right to health’; and (3) the human rights concerns raised in the HIV/AIDS pandemic.
Central Government
Authors: Edwards Geoffrey 
Published: October 2023

Abstract
As the chapters in this volume suggest, one of the primary concerns of successive British Governments has been the issue of national sovereignty. Certainly, as those chapters show, there have been loud lamentations over loss of sovereignty, particularly parliamentary sovereignty. It might therefore have been expected that the impact of Community membership on central government was profound, that structures and processes were being changed and modified in order to meet the ‘incoming tide’ of legislation from Brussels. Somewhat surprisingly perhaps few non-political circles have discussed the issue.
By-Elections, 1983-1987
Authors: Norris Pippa 
Published: October 2023

Abstract
In by-elections during Mrs Thatcher’s second administration the pattern of greater electoral volatility continued, with about a third of all seats changing hands. Early in the Parliament the elevation of William Whitelaw to the Lords created a by-election in Penrith and the Border. In the immediate aftermath of the general election Penrith proved one of the quieter contests in terms of media attention, attracting minimal press coverage and no published opinion polls. With a comfortable majority of 15,000 in the June general election the Conservatives expected no problems in the by-election just seven weeks later. Penrith should have been natural Tory territory; one of the largest constituencies in Britain, stretching from the Scottish borders to the Pennines and Lakes, heavily dependent on agriculture and tourism.
Discovering the Folk and their Music
Authors: Stokes Martin 
Published: October 2023

Abstract
Folk music in Turkey is considered by its proponents and practitioners to play a specific role in creating a culturally unified and cohesive nation-state. Its practice and performance transforms the individual, transmitting the ideology with which the music is bound up, instilling values of sociality, team-work, competition, and self presentation. It also provides a model of logical, systematic, and rational thinking, a notion which lies at the centre of the Atatiirkian philosophy of the secular regeneration of Turkey. It is a music which is both performed and performative, acting upon the individual and social body. In this it is diametrically opposed to arabesk, which is considered by its detractors to be incapable of doing anything.
Electoral Pacts in Britain since 1886
Authors: Bogdanor Vernon 
Published: October 2023

Abstract
One of David Butler’s greatest gifts is his ability to open up new areas of study for scholarly investigation. He is, of course, the founding father of British psephology, and the study of electoral behaviour in Britain owes an enormous amount to his pioneering work with Donald Stokes, Political Change in Britain, first published in 1969. Yet, precisely because he is so closely identified with psephology, his contribution in other areas has been inadequately recognized. It is, however, David Butler who has opened up the study of Coalitions in British Politics (1978), of Referendums (1979), and of the history of the British electoral system.
Judicial Discretion in the House of Lords
Authors: Robertson David 
Published: October 2023

Abstract
There have been few studies of the Law Lords, and no study of them by a political scientist for more than ten years. This book concentrates on the arguments the Law Lords use in justifying their decisions, and is concerned as much with the legal methodology as with the substance of their decisions. Very close attention is paid to the different approaches and styles of judicial argument, but the book is not restricted to this traditional analytic approach. One chapter applies the statistical techniques Americans call 'jurimetrics' and have successfully used on the US Supreme Court. The main theme is that the Law Lords enjoy and fully utilise far more discretion in their judgements than is normally admitted, and that much depends on exactly which judges happen to hear a case. the second part of the book shows the impact this extreme discretion has had in shaping both public law and areas of civil law.
Conclusion-Legal Argument and Politics
Authors: Robertson David 
Published: October 2023

Abstract
Yet, despite Auden’s tautology, and continuing his poem,’... lawabiding scholars write: law is neither wrong nor right ... Law is the clothes men wear, Anytime, anywhere’, his stanza captures very well the frustration of anyone trying, from outside the profession, to grasp what legal argument is actually about. The frustration comes in equal part because lawyers often seem to accept something like that tautology, but simultaneously to accept Griffiths’ view of English legal development, and not to mind. The debate about the nature of law is, of course, a standard concern of legal philosophy. In the last couple of decades the professional legal philosophers’ debate has largely centred round the Hart
v. Dworkin contrast between law as a system of rules, and law as a collection of principles, with excursions into the idea of law as an autopoietic system.
Power Over Education
Authors: Brand Jack 
Published: October 2023

Abstract
Education in Britain provides an example of an issue which moves between the centre of the stage and a position where there is little interest in it. The debate over comprehensive secondary education was extremely important in the 1960s. Mrs Thatcher’s victory in 1979 was the signal for constant discussion and for a great deal of legislation. Education was thus never entirely neglected as a topic for political debate, but there were times when it took a minor place for back-benchers, as for the whole country.