bluuebunny/crossref_metadata_2025_split huggingface dataset:
Models-Based Regulation of Bank Capital
Authors: Scott Hal S 
Published: November 2023

Abstract
American bank regulation has typically been based on a command and control approach. Law-makers or regulators formulate both the regulatory objectives, e.g. safety and soundness, and the means to achieve them, e.g. requiring 8 per cent. risk-based capital with detailed rules of calculation. In contrast, in a system of performance-based regulation, regulators only formulate objectives, leaving to those regulated the choice of how to achieve them. Thus, in various areas of environmental regulation, firms are only told what levels of emission of pollutants are acceptable and are left free to decide how best to meet them.
The Internationalization of Secured Financing Law: the Spreading Influence of the Concepts UCC, Article 9 and its Progeny
Authors: Cuming Ronald C C 
Published: November 2023

Abstract
Secured financing law has traditionally been viewed as an area which is ill suited to internationalization. This attitude was reflected in the 1980 decision of the United Nations Commission on International Trade Law to terminate a project (on which it had spent a great deal of effort and money) designed to develop model uniform rules for secured financing. The Com mission concluded that unification of this area of the law on an international scale was in all likelihood unattainable.2 While there exists no published record of the reasons that led UNCITRAL to this conclusion, it is not difficult to identify at least some of them. Secured financing law is grounded in property concepts some of which are peculiar to particular ‘families’ of law. More significantly, this area of law is perceived as embodying cultural attitudes and public policy choices that vary greatly among states, or subdivisions of states with federal structures. Another factor that is often treated as an impediment to internationalization of secured financing law is its interface with bankruptcy law. It is argued that significant changes in secured financing law are likely to be frustrated unless accommodating changes are made in bankruptcy law.
Reform in the Shadow of Lawyers’ Interests
Authors: Zuckerman A A S 
Published: November 2023

Abstract
At the outset of his interim report, Access to Justice, Lord Woolf stresses that procedure is essential to protecting individual rights and to the maintenance of civilised society. At the same time, he paints a gloomy picture of a system riven by high, disproportionate and unpredictable costs, by undue delays and by excessive complexity.
Lord Woolf considers the ills of cost, delay and complexity to be interrelated and to arise from the uncontrolled nature of the litigation process. He draws attention to the fact that a number of litigation processes have degenerated into expensive and wasteful devices. Discovery is sometimes pursued without any regard to efficiency and economy so that it may consume vast resources for little benefit. Expert evidence, instead of assisting the court, may cause unreasonable delay and confusion at great expense to the parties.
Why Lord Woolf’s Proposed Reforms of Civil Litigation should be Rejected
Authors: Zander Michael 
Published: November 2023

Abstract
Lord Woolf, rightly regarded as one of the great legal figures of the day, has entitled his paper an ‘Interim Report on Access to Justice in the civil justice system in England and Wales’. An official report commissioned by Ministers on this sort of subject would normally present some historical perspective on the issues, a rounded in-depth analysis of the problems, a weighing of options and a conclusion. This is not that kind of report. There is hardly any historical overview, no rounded analysis of the problem, and no weighing of options. But there is very definitely a conclusion.
Making Tracks
Authors: Armstrong Nick 
Published: November 2023

Abstract
The Woolf inquiry into civil justice has brought in its wake a number of buzzwords and phrases. The Interim Report, published in June, is littered with references to ‘increased court management’, the need for a change in litigation ‘culture’, and the concept of ‘proportionality’ between the costs of litigation and the amount at stake. The notion of ‘tracking’, however, is the theme around which all the others revolve.
A Fresh Approach: Uniform Rules of Court
Authors: Greenslade* Dick 
Published: November 2023

Abstract
Lord Woolf’s terms of reference required not only a review of the procedures for civil litigation but also the provision of a new uniform set of rules covering both High Court and county court. Clearly the two aspects are inextricably linked. New procedures require new rules. No new single code is possible until the of differing procedures in High Court and county court are merged.
Perhaps more significantly, procedural changes of the scale proposed by Lord Woolf require a fresh approach to the way in which rules are framed. New rules expressed in more modem form may assist in creating the new culture that is essential if the new approach to civil litigation is to succeed. As stated in the interim report ‘in order to produce a new system with a new ethos, the rules have to be changed in a fundamental ways’ (Chapter 26 para. 2).
The Adversarial Principle: Fairness and Efficiency: Reflections on the Recommendations of the Woolf Report
Authors: Andrews Neil 
Published: November 2023

Abstract
As Lord Woolf records, there have been sixty reports since 1851 dealing with small or large aspects of reform in the fields of English procedure, both civil and criminal. Against this background, when receiving a new report, it seems legitimate to pose two questions: are the proposals contained in the report truly significant; secondly, is the report likely to be implemented? It seems reasonable to say ‘yes’ to both these ‘questions, although the second ‘yes’ is uttered not without regret, as will become clear.
Concepts of Regulation-The US Model
Authors: Greene Edward F , Braverman Daniel A , Schneck Jennifer M 
Published: November 2023

Abstract
In most countries, the distribution of securities to the public is subject to significant regulation. The United States is no exception. The experience of the early part of this century, culminating in the market crash of 1929, illustrated the dangers in permitting virtually unsupervised sales of securities, often involving unsophisticated investors and unscrupulous or incompetent issuers and other market participants. The resulting lack of confidence in the integrity of the market meant that even legitimate transactions were tainted. The market crash led to radical reform of the regulatory system.
The French View of Cross-Border Securities Offerings ( Aspects of the Modernisation of French Capital Markets)
Authors: Smith Wayne H 
Published: November 2023

Abstract
Not so very long ago the securities markets of Europe were to a large extent isolated from one another. Companies raised nearly all their finance domestically, investors seldom bought significant amounts of foreign securities (with the major exception of British fund managers) and domestic regulations tended to perpetuate this state of affairs.
Liability of Derivatives Dealers
Authors: Scott Hal S 
Published: November 2023

Abstract
The OTC derivatives market is huge. The 1995 International Swaps and Derivatives Association (ISDA) survey indicates that there was $11.5 trillion in contracts outstanding at the end of 1994. This activity has produced, by some accounts, at least 30 multimillion dollar derivative suits in the United States by customers against major securities firms that advised them about derivatives or entered into derivatives transactions with them in the 1990s. Gibson Greetings v. Bankers Trust Co., involved a claim for $32 million in compensatory damages and Proctor & Gamble v. Bankers Trust Co.,2 involved a claim for $195 million. Gibson was settled for approximately $14 million in 1994. The real blockbuster was Orange County Investment Pool v. Merrill Lynch & Co., in which Orange County sued for $3 billion in damages.
Personal rights: Life, freedom and security of the person, privacy, and freedom of movement
Authors: Plessis Lourens M Du , Ville J R De 
Published: November 2023

Abstract
The rights discussed in this chapter are labelled ‘personal rights’. All human rights, in so far as they vest in human beings, are of course ‘personal’. The rights presently under discussion are, however, ‘personal’ because essentially they are entitlements or claims of human beings as constitutional subjects in contradistinction to, for instance, juristic persons.1 The fundamental rights entrenched in Chapter 3 of South Africa’s transitional Constitution can vest in juristic persons ‘where, and to the extent that, the nature of the rights permit’. The personal rights which will now be looked at are rights to which constitutional subjects which are not human beings are as a general rule not entitled (subject to but a limited number of exceptions). These rights are the right to life; the rights to freedom and security of the person; the right to privacy; and the right to freedom of movement.
Property Rights, Land Rights, and Environmental Rights
Authors: Davis Dennis 
Published: November 2023

Abstract
Philosophers, lawyers, and politicians have justified the existence and protection of private individual property almost as often and as vehemently as they have criticized it. The justification of private property was discussed by the Greek philosophers and the classical Roman lawyers, but in a fundamental sense this debate is a typically modem one, especially regarding the inherent tension between the public sphere and the private sphere which underlies it. In this context the problem of property has been described as a clash between two sets of values - the value of liberty and the value of justice.1 According to this view, justice demands equality, whereas liberty requires room for individuality, thereby precipitating a classic confrontation between claims for the equal distribution of property or the promotion of social interests, on the one hand, and for the protection of individual property, on the other.
Family Rights
Authors: Sinclair June 
Published: November 2023

Abstract
Until recently the inclusion of a chapter on family law in a book dealing with constitutional law and a new Bill of Rights would have seemed odd, even inappropriate. The conventional division between public and private law has produced in South Africa a family-law jurisprudence almost devoid of reference to the fundamental human rights of persons qua family members. And it has produced familylaw syllabuses and a body of academic writing largely confined to the explication of the black-letter rules that govern the relationship of family members inter se. The role of the state in according or denying fundamental rights to those members through its statutory regulation of the family has not been challenged. The result has been an overall impoverishment in this field of endeavour.
Devising the Strategy
Authors: Windlesham Lord 
Published: November 2023

Abstract
Well before the Criminal Justice Act 1993 reached the statute book fresh legislation under the rubric of law and order was taking shape. Early in the decade both ministers and officials had anticipated that the successor to the 1991 Act would be legislation arising out of the recommendations of the Royal Commission on Criminal Justice set up immediately after the acknowledgement of the wrongful convictions of the Birmingham Six and the Guildford Four. During the Commission’s lifetime the likelihood of this happening was first diluted and then submerged by a sea change in the climate of public opinion. Reforms in the criminal process aimed at reducing the possibilities for miscarriages of justice in the future were no longer seen as the most urgent priority. While Lord Runciman and the members of his Commission were investigating with great diligence the faults in the structure and operation of the legal system which had permitted such manifestly unlawful outcomes,1 the public perception that crime was getting worse and criminals were getting away with their misdeeds interacted with other factors in determining the political weather.
The Politics of Tactical Withdrawal
Authors: Windlesham Lord 
Published: November 2023

Abstract
A second measure, designed to effect structural changes (‘reforms’ was the word preferred by ministers) in police and Magistrates’ courts services, was published on the same day as the Criminal Justice and Public Order Bill, 17 December 1993. For presentational purposes its unveiling was linked to the more politically attractive proposals to strengthen the penal powers of the courts. Yet the ‘crack-down on crime’ theme was applied to both measures, with Michael Howard claiming that the legislation on the police was intended to help build the close partnership between police and public necessary to fight crime effectively.1 The police would be given clear published objectives, protecting the public and preventing and detecting crime being the top priority. As their full titles implied, both Bills were composite. The Criminal Justice and Public Order Bill dealt mainly with the prosecution and trial process, sentencing, and the prisons, but also created new public order offences. The Police and Magistrates’ Courts Bill had even less integrity in its subject matter, combining in a single statute proposals for the reform of two distinct institutions which public policy had hitherto striven to keep apart: the police service and the Magistrates’ courts.
Populist Pressures and Organized Interests
Authors: Windlesham Lord 
Published: November 2023

Abstract
A century before populist pressures on both sides of the Atlantic became such a potent stimulant to legislation aimed at combating crime, ‘populism’ in America had taken on a more specific meaning. Stemming from the discontent of small farmers at their inability to come to terms with and benefit from the changes sweeping across the agrarian economy in the latter part of the nineteenth century, it developed into an organized political movement. Candidates were nominated for public office, including the Presidency of the United States, but they soon found that converting discontent into votes was another matter. There were some electoral successes, mainly confined to the poor and thinly populated states of the Mid and Far West, and also in the South.1 The movement did not gain support in the industrialized North, and pop¬ulism as a coherent force, standing for the interests of the yeoman farmer against exploitation by men with ‘more power and fewer scruples-land grabbers, railroad tycoons, credit merchants, bankers, middlemen’,2 was short-lived. Yet the rise and fall of the Populist Party was more than a solitary and passing phenomenon. It was early evidence of a strain in the American political culture which sat uneasily with representative democracy and was to surface many times in many different contexts in the century that followed.
Life Sentences: The Defects of Duality
Authors: Windlesham Lord 
Published: November 2023

Abstract
The preceding Chapters have shown the closer degree of control exercised over law-making by the executive branch of government in England than in the United States. As a generalization, it is true to say that ministers dominate the formulation of policy before legislation is introduced. Once proposals are before Parliament, backed by a highly effective system of party discipline, ministers determine its detailed content. When enacted, ministers, or more often officials acting on their behalf, are usually responsible for implementation. In America, by contrast, Congress plays a pivotal role. The President and his Administration may introduce legislative proposals and urge his party’s supporters in Congress to support them. However, the weakness of party discipline and loyalties, and the strength of special interests combine to make it uncertain whether the proposals will be enacted and, if so, in what form. As we have seen, the eventual scope of the Violent Crime Control and Law Enforcement Act of 1994 (Pub. L. 103-322) was markedly different from what it had been on introduction.
Compensation for Victims: A Disorderly Reform
Authors: Windlesham Lord 
Published: November 2023

Abstract
If the inauguration of a new system of criminal appeals was an example of an orderly reform, as measured by the conventional standards of Westminster legislation, the same could not be said of the maladroit way in which policy changes were introduced in providing compensation from public funds for the victims of violent crime. The wry civil service aphorism ‘once something begins to go wrong, it goes on going wrong’ could have been coined to fit the erratic sequence of •events which preceded the passage of the Criminal Injuries Compensation Act 1995.
Economic Pricing Instruments at Community Level
Authors: Ziegler Andreas R 
Published: November 2023

Abstract
Pricing instruments for the establishment of incentives and disincentives concerning ecological behaviour are increasingly important elements of environ mental policy. Economic literature recommends the use of such instruments, while it is sometimes rather sceptical of the use of prohibitions, restrictions, and fixed standards. In the current discussion the proposed instruments are mainly taxes and emission charges, while state aids do infringe to a certain extent the ‘polluter pays’ principle. The Community itself may take such measures under several Treaty provisions.
The Human Face Of Law
Authors: Hawkins Keith 
Published: November 2023

Abstract
This book marks the retirement of Donald Harris as Director of the Socio-Legal Studies Institute, Oxford University. Dr Harris was at the forefront of the move in legal scholarship from traditional black-letter approaches to one supplemented by a socio-legal perspective, making use of the insights of the social sciences. His success can be seen in this unique volume of original essays by some of the most distinguished scholars in this field, all of whom have connections with the Centre. The essays range from an economic analysis of the law, the behaviour of lawyers in the business world, the property and financial consequences of divorce, to current tensions between judges and politicians. All are fused by their achievement in providing a succinct summary of the current state of research while making a considered assessment of future directions.
Law’s Relationship with Social Science: The Interdependence of Theory, Empirical Work, and Social Relevance in Socio-legal Studies1
Authors: Hutter Bridget M , Lloyd-Bostock Sally 
Published: November 2023

Abstract
Contributing to this volume in honour of Don Harris gives us the opportunity to reflect on our work at the Centre for Socio-Legal Studies as part of an exciting period of innovation and development in socio-legal research. Socio-legal studies over the past twenty years has challenged traditional thinking about law and legal theory. Less obviously it has necessitated continuing re-examination of law’s relationship with social science, and the development of new theory at all levels. Don Harris’s style of directorship fostered innovative thinking and gave people the space to follow through their ideas in a genuinely interdisciplinary intellectual environment. Centre research has therefore built on a wide range of theoretical perspectives, disciplines and methodologies, in a variety of legal contexts.2 In discussing socio-legal studies we shall refer principally to Centre work, but it is important to emphasize at the outset that it would be a mistake to attempt to define a Centre ‘school’ of socio-legal studies, or a common Centre view of the relationship between law and social science and the nature of socio-legal research. A consensus would not be found amongst those who have worked at the Centre, nor was the development of such a consensus ever a goal of the Centre.
Doctrine and Practice in Commercial Law
Authors: Cranston Ross 
Published: November 2023

Abstract
The legal doctrines of commercial law are contained primarily in the legislation and decided cases, coupled with the literature of the academic and professional commentators. Those seeking to understand the role of commercial lawyers will not get far without an appreciation (at least in broad outline) of these legal doctrines, for they contain the categories which lawyers invent and which are constitutive of practices and institutions (Cain, 1994, 33). Focusing on the doctrines alone, however, tells only part of the story of how commercial lawyers practise law and the ends they pursue. A case-centred approach-still so common in legal education-misses out, for instance, on those many types of commercial transaction which are rarely litigated. Even if matters are litigated it misses out on the impact of legal decisions, which is often quickly mitigated by lawyers redrafting documents, by deals being restructured on their advice, and by the invention of new legal institutions. Moreover, an over-abundant concern with doctrine neglects the reality that practising lawyers are not devoted to its purity or its rational development. Instead they see it as a malleable resource which can be used instrumentally to achieve their clients’ ends. Innovation and boldness with regard to doctrine are the hallmarks of commercial lawyers, but these qualities are wrapped up in appeals to core societal values such as markets and economic growth.
Property and Financial Adjustment after Divorce in the 1990s-Unfinished Business
Authors: Eekelaar John , Maclean Mavis 
Published: November 2023

Abstract
In 1995, an experienced judge in the English Family Division described his role in a case concerning post-divorce financial provision in these terms: ‘[t]he function of the Family Division judge is not so much to state principles as to reflect the relevant circumstances of the particular case in the discretionary conclusion’, (Atkinson v. Atkinson, 1995).1 The judge did not say that he should not follow principles, and in fact he went on to observe that the ‘authorities do show a broad approach’. Nevertheless, if a judge is not to ‘state’ principles, even byway of recollection and self-guidance, the parties are left with no indication of the basis of the judge’s decision, beyond perhaps an assertion of his instincts for justice. It is not our purpose to revisit the debate over the nature of judicial discretion, about which much has been written (see, e.g., Hawkins, 1992). It is, however, clear that the wide scope allowed in the common law world for judicial bodies to decide how finances should be ordered when married people divorce had been seriously circum-scribed during the early 1990s, and the judge’s statement carries less conviction than it would have done ten years earlier. The reasons for this change lie in events of the 1980s, including the contribution made by socio-legal research. We wish in this Chapter first to consider those events and then to examine the state of the debate on these issues as it stands in the mid-1990s.
Judges, Politics, Politicians and the Confusing Role of the Judiciary
Authors: Stevens Robert 
Published: November 2023

Abstract
All of us owe a great debt of gratitude to Don Harris. A superb scholar, he offered leadership to the Centre for Socio-Legal Studies through a long and difficult period. The fact that the field is so firmly established both in Oxford and in the United Kingdom is significantly his work. He has given so many of us support and encouragement and helped to bring us into the mainstream of legal scholarship. For me, his encouragement, so often related to the role of the judiciary, where the socio-legal field may well be on the brink of important breakthroughs. This study of the current state of relations between the judiciary and the executive is intended as an encouragement to these endeavours.