bluuebunny/crossref_metadata_2025_split huggingface dataset:
Preventing Torture
Authors: Evans Malcolm D , Morgan Rod 
Published: November 2023

Abstract
In the 19th century the prohibition of judicial torture was celebrated as a triumph of civilisation. But in the aftermath of the 2nd World War it was necessary for the International community to re-emphasise, in the Universal Declaration of Human Rights, its abhorrence of torture: the proscription of torture became part of international customary law. But torture by agents of contemporary states persists, not least in the heart of Europe where reliance on the use of custody is growing once again. This pathbreaking documentary and empirical study - of a kind rarely undertaken in the field of international human rights law - considers in detail the work of the latest actor on the international stage attempting to prevent torture. The European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (the CPT), established in 1989, represents a new phase in international human rights intervention. The Council of Europe member states have given a Strasbourg-based Committee of experts an almost unfettered hand to examine their places of custody and report on what they find. The authors, an international lawyer and a criminologist, bring their different analytical perspectives to bear on this innovative human rights mechanism. The authors consider the nature of torture in the late 20th century and, given the pervasive culture of denial, the difficulties in combating it. They argue that utilitarian justifications for torture lurk just beneath the surface of modern liberal democratic state practice. They describe the background to the European Convention for the Prevention of Torture, examine the text and the modus operandi of the Committee, set the CPT’s standards against those of other international bodies and discuss how the work of the Committee should best be carried forward in an enlarged and increasingly diverse European community of nations.
Scientists: The Codification and Science of International Law
Authors: Janis Mark Weston 
Published: November 2023

Abstract
These final two chapters spotlight the period between the American Civil War (1861–1865) and World War I (1914–1918), the most optimistic years of all for American international law. We begin by exploring the somewhat curious late-nineteenth-century penchant for the codification and science of international law. It is fitting to start with the figure with whom the first chapter began, Jeremy Bentham. Of Bentham, the inventor of international law, it was glowingly written, not long after his death in 1832: ‘He found politics and jurisprudence a mass of ill-digested observations, vague impressions, and rules established by time, but often indefensible by reason. He left them sciences founded on evidence arranged in lucid order, and tending to definite results’ As we touched on in Chapter 1, Bentham’s favorite device for the science of his international law was its codification. His basic technique was to apply his famous utilitarian method to international law.
Equitable Security Interests: Floating Charges
Authors: Worthington Sarah 
Published: November 2023

Abstract
The previous chapters examined particular illustrations of the ways parties can, by agreement, define their legal and equitable ownership interests in specified assets. Parties have similar powers when it comes to equitable security interests. Floating charges provide the foremost example: they are a prime example of the potency of equitable doctrines. A floating charge enables one party to offer its business undertaking, or some part of it, as security for an obligation owed to another. When first conceived, its novelty was that it allowed security to be given over a fund of assets, a fund that might have additions to it and subtractions from it as the business was carried on. The chargor could continue to deal with the charged assets comprising the fund until the ‘floating’ charge ‘crystallized’, or the permission to deal was revoked. It was this which made the device so commercially attractive.
Equitable Ownership: Newly Acquired Interests
Authors: Worthington Sarah 
Published: November 2023

Abstract
This Chapter, like the previous two, deals with interests which arise by operation of law rather than by agreement. This time, though, the focus is on new proprietary interests: that is, on parties acquiring inter sts in property which originally belonged both legally and beneficially to another. This contrasts with the previous chapters, which were devoted to interests arising by operation of law in property which was originally the claimant’s own.
The Irreducible Core Content of Trusteeship
Authors: Hayton David 
Published: November 2023

Abstract
At the core of the trust concept is a duty of confidence imposed upon a trustee in respect of particular property and positively enforceable in a Court of Equity by a person.1 As Lord Evershed MR has stated,2 ‘[n)o principle, perhaps, has greater sanction or authority behind it than the general proposition that a trust by English law, not being a charitable trust, in order to be effective must have ascertained or ascertainable beneficiaries.’ The beneficiaries’ rights to enforce the trust and make the trustees account for their conduct with the correlative duties of the trustees to the beneficiaries are at the core of the trust.
Freedom of Information
Authors: Tomkins Adam 
Published: November 2023

Abstract
Issues of open government and of freedom of information have already been encountered in the previous two chapters. While there is a close relationship between the subjects of ministerial responsibility, the civil service, and freedom of information, in this chapter we will not repeat what we have already noticed about freedom of information as it relates to ministers’ responsibilities not (knowingly) to mislead Parliament or as regards the evidence which civil ser vants give to select committees. Rather, the purpose of this chapter is, having drawn these threads together, to examine what the Scott story has to teach us about government information and Parliament more generally.
Professions in the Institutionalization of Business Rescue
Authors: Carruthers Bruce G , Halliday Terence C 
Published: November 2023

Abstract
Rescuing business was the central motif that ran through corporate bankrupty reforms in the United States and Britain. This much the two countries had in common. Their underlying accounts of business failure differed, as the British characteristically blamed the managers and the Americans blamed the economy. The solutions offered by reformers in either country also differed, as the British relied more on professional autonomy and discretion, while the Americans retained some confidence in managers. Even bankers, who preferred that businesses be “saved” by their private workouts, concurred that saving businesses through a reorganization moderated by bankruptcy law probably benefitted everyone more than liquidation of a business inside or outside of bankruptcy law.
Sociological Perspectives
Authors: Fehlberg Belinda 
Published: November 2023

Abstract
This chapter comprises a review of sociological literature relevant to the main research question—the circumstances in which spouses provide third party security. In Chapter 1, the ‘public’ judicial perspective on surety wives was emphasized. Although the link between a lack of control over domestic finances and the decision to provide security was recently acknowledged by the House of Lords in Barclays Bank plcv. O’Brien, the analysis illustrated that judicial acknowledgment did not necessarily translate into greater legal protection. While a competition between a surety and a creditor will always involve a balancing of conflicting interests, it was argued that creditor-sympathetic outcomes are encouraged by a recurring judicial tendency to assess ‘benefit’ in commercial terms, and to apply a ‘public’ assumption that any benefit to the husband’s business resulting from the wife providing security will automatically translate into the wife sharing the fruits of the business adequately or in equal terms.
Introduction and Background: The Development of Small Claims in England and Wales
Authors: Baldwin John 
Published: November 2023

Abstract
There have been some remarkable developments of late in the way that civil actions are dealt with in county courts in England and Wales. It is hardly an exaggeration to say that a silent revolution has taken place in the civil courts over the past twenty years in which the small claims regime has been greatly expanded. In the process, the face of civil justice administration has been radically changed. The proportion of civil actions handled by the county courts as small claims has increased inexorably in the past twenty-five years, and we have reached the position where the vast majority of defended actions are now being dealt with under the small claims procedure. The massive and un precedented rise in the small claims limit from £1,000 to £3,000 in January 1996, following the Lord Chancellor’s acceptance of the recommendation to this effect by Lord Woolf in his inquiry into the civil justice system, seems certain to accelerate this trend.
Litigants’ Perceptions of Small Claims
Authors: Baldwin John 
Published: November 2023

Abstract
It is tempting to regard what litigants say about small claims as the acid test of these procedures. If small claims hearings are conducted to the general satisfaction of the parties, should we worry overmuch about how district judges go about reaching their decisions? One might argue that the whole point of devising special procedures in the county courts has been to assist lay people to present their own cases at hearings and to encourage them to make greater use of the courts. Although this reasoning is attractive, even seductive, the point can nonetheless be overstated. Indeed, it is a central argument in this book that the preparation and presentation oflegal cases in small claims carry certain dangers-dangers, moreover, that lay people cannot be expected to recognize and avoid. This means that, while the small claims procedure may have been devised with the interests of lay litigants in mind, they may not always be in a strong position to evaluate its fairness.
Taking it to the Street
Authors: Maher Lisa 
Published: November 2023

Abstract
This chapter is about context. It provides an introduction to the neighborhood, the women who participated in the research, and the complex social relations that constitute street life in the study site. It attempts to give the reader a sense of the settings in which women use drugs, generate income, and seek to avoid the risks of violence and victimization which shape their everyday existence. The first section maps the complex geography of a neighborhood steeped in the drug culture, and a borderland where the boundaries of legality are continually breached. The second section provides a composite vision of the lives which constitute this work, revealing a group of women whose options have been severely circumscribed, not only by drug use, but by poverty, racism, violence, and enduring marginality. The third section, in describing street life and social networks, touches upon many issues, which, it will be shown, are central to understanding the economic lives of women drug users and to assessing their positioning within the street-level drug economy.Someone once described Bush wick to me as a neighborhood past its use-by date--a place where tombstones have been displaced by elaborate brick wall mesas paying homage to the casualties of the drug trade. This is ‘ The Well ‘-a squalid stretch of Troutman Street between Knickerbocker and Irving Avenues where drugs rule and just about everyone plays.
A Hard Road to Ho: Sexwork
Authors: Maher Lisa 
Published: November 2023

Abstract
Sex work was the only income-generating activity consistently available to women drug users in Bush wick. Despite the recent influx of women into the drug economy, their participation as producers largely revolves around sex work, and their presence has been most strongly felt as consumers. This has prompted major changes in the operating contexts of street-level sex markets. In New York City, the advent of crack cocaine and the concomitant flood of sex work initiates lowered the going rates for sexual transactions, encouraged ‘deviant ‘ sexual expectations on the part of dates, engendered relations of competition and hostility, and promoted the atomization and social isolation of women drug users. These factors have rendered street-level sex work less lucrative, more demanding, and increasingly violent (Maher and Curtis, 1992). However, women have not been passive recipients of these changes. Cumulative market processes and shifting social relations have created a pool of increasingly economically marginalized women for whom ‘viccing ‘ has emerged as a form of resistance. Ironically, it is this very resistance which serves to (re)produce them as ‘criminal ‘ women. In this chapter, I describe these changes and their impact on the positioning of women in the street-level drug economy.
The Civil and Political Rights Protected in the Inter-American Human Rights System
Authors: Davidson Scott 
Published: November 2023

Abstract
The civil and political rights1 protected by the inter-American human rights system are derived from two sources: the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights. Although the American Declaration was originally adopted as a non-binding resolution of the Ninth International Conference of American States at Bogota in 1948,2 it has subsequently been confirmed by the Inter American Court of Human Rights as an authoritative interpretation of the references to human rights in the OAS Charter.3 All member States of the OAS are thus bound by the Charter references to human rights as interpreted by the American Declaration. In contradistinction to the broad hemispheric application of the Declaration, only States which are party to the American Convention are bound by its provisions. This does not, however, dispose of the relationship between the two instruments.
Introduction
Authors: Ericson Richard V , Haggerty Kevin D 
Published: November 2023

Abstract
The police pervade contemporary social life. They are seen daily on the streets. Their presence is felt even more strongly through hour-long television shows that feature cathected scenarios of their heroics. They are turned to for help when people experience personal troubles, accidents, and criminal victimization. They are present at community ceremonies, sporting events, parades, and demonstrations. They are featured in full dress uniform on postcards and souvenirs, standing for what is noble about the community and nation-state. In all of these manifestations the police simultaneously reproduce and represent order. They embody central authority as peace, order, and good government.
Mobilizing Territories
Authors: Ericson Richard V , Haggerty Kevin D 
Published: November 2023

Abstract
The police mobilize territories by setting up residential, business, and general watch programs whose purpose is to persuade people living in or travelling through specific territories to reflexively monitor their own risks and to feed relevant risk knowledge to the police.
Residential watch programs such as Block Watch, Neighbourhood Watch, and Apartment Watch mobilize the residents of local territories to become reflexive with respect to risks. Reflexivity is not only intended to prevent crime and capture criminals but also to help residents con front their emotional responses to risk and to become responsible for policing their own territories.
Law and Society: The Penetrative Scheme and the Juridical Soul
Authors: Murphy W T 
Published: November 2023

Abstract
In the case of these contraries which we call good and evil, the rule of the logicians, that two contraries cannot be predicated at the same time of the same thing, does not hold ... although no one can doubt that good and evil are contraries, not only can they exist at the same time, but evil cannot exist ·without good, or in anything that is not good. Good, however, can exist without evil.
Legal Individualism and the Ethical Space
Authors: Murphy W T 
Published: November 2023

Abstract
The previous chapter addressed the problem of the idea of social integration through law and government and suggested general frameworks through which one could grasp how law still played a role in relation to the ‘total social system’ but not the overarching, encompassing role which had driven visions of society and social integration in the past and which some -especially lawyers and political theorists—continue to attribute to law in our world.
Release Agreement
Authors: Amerasinghe C F 
Published: November 2023

Abstract
General 31. The Tribunal, in previous cases, has accepted the validity of, and given effect to, agreements between the Bank and staff members for the release of claims on the ground that: It would unduly interfere with the constructive and efficient resolution of (a staff member’s claim of improper treatment) if the Bank would not negotiate—in exchange for concessions on its part--for a return promise from the staff member not to press his or her claim further. If such an agreed settlement were not binding upon the affected staff member, there would be little incentive for the Bank to enter into compromise arrangements, and there might instead be an inducement to be unyielding and to defend each claim through the process of administrative and judicial review. It is therefore in the interest not only of the Bank but also of the staff that effect should be given to such settlements. (Mr. Y, Decision No. 25 [1985], para. 26).
Staff Rules
Authors: Amerasinghe C F 
Published: November 2023

Abstract
Interpretation i.32. However, the Applicant’s contention raises the issue whether a particular and additional notification of possible termination of employment should also be promptly given when the accusations are of a certain gravity. In connection with this last issue it should be noted that Staff Rule 7.01, Section 10.02, refers to the notice of termination in conjunction with Rule 8.01, Section 5.05. None of these rules, as they were written when the disciplinary measure was imposed, required an initial notification of termination. An earlier version of Staff Rule 7.01 which contained this additional requirement was expressly amended on this point by the current text.
Article 34 EC And Exports
Authors: Jarvis Malcolm A 
Published: November 2023

Abstract
Article 34 EC is very much the black sheep of the free-movement-of-goods herd. While the wording of the first part of that Article is identical to the wording of Article 30 EC concerning import restrictions, the ECJ has always taken a less rigorous attitude towards restrictions on exports than it has towards restrictions on imports. In the case of national export restrictions, the ECJ has held that discrimination is a necessary element in concluding that a particular measure is a measure having equivalent effect to an export restriction.
Cyber-Contempt: Fair Trials And the Internet
Authors: Walker* Clive 
Published: November 2023

Abstract
New media developments in the forms of the Internet or cyberspace have created undreamt-of possibilities for communication and dis cussion-a virtual market-place of ideas-but one which can attract shoddy or dangerous goods. Much of the concern to date in relation to free speech and the Internet has revolved around indecent and obscene materials. The focus in this article relates to threats to fair trials-what might be called ‘cyber-contempt ‘. Accordingly, the first task will be to describe briefly the potentially problematic capacities and characteristics of the new audiovisual medium. Secondly, it is essential to elucidate the background of established forms of regulation, both national and international, which seek to balance free speech and fair trials.
Copyright And The Media In 1996
Authors: Stones* Deborah 
Published: November 2023

Abstract
The most significant development in the international forum during 1996 was the Diplomatic Conference held in Geneva. under the aus-pices of the World Intellectual Property Organization ( ‘WIPO ‘) during the final round of negotiation on certain proposed treaties. There had been several meetings of the Committees of Experts early in the year. By May, three draft treaties were put forward for negotiation and agreement at the Diplomatic Conference in December.
The Cultural and Structural Determinants of Police Decision Making
Authors: Hoyle Carolyn 
Published: November 2023

Abstract
When the police are called to a dispute between partners or expartners they try to decide on the best course of action to achieve the quickest and most effective resolution to the conflict. The dispute may or may not have involved violence or damage to property, the conflict may appear to have subsided or may be occurring as the officers arrive, the victim may be ‘requesting’ that the officers arrest her partner, or she may be uninterested in, or opposed to, police action.
Conclusions
Authors: Evans Andrew 
Published: November 2023

Abstract
Union decision making is ill adapted to the articulation of cohesion requirements in Articles 158 and 159 of the EC Treaty. In other words, it is ill adapted to determining what the reduction of regional disparities demands of the Union funds, and thus to giving real meaning to these provisions. Hence, regulation of the operations of these funds may be left to depend partly on the outcomes of intergovernmental bargaining, particularly outcomes concerned with reciprocity between Member States. It may also be left to depend partly on the needs of the common market, particularly needs expressed by competition policy.
Instruments For Environmental Protection
Authors: Gunningham Neil , Sinclair Darren , Grabosky with contributions by Peter 
Published: November 2023

Abstract
Despite decades of experimentation, the holy grail of optimal environmental regulation has continued to elude policymakers and regulatory theorists. As we saw in chapter one, neither traditional command and control regulation nor the free market provide satisfactory answers to the increasingly complex and serious environmental problems which confront the world. This has led to a search for alternatives more capable of addressing the environmental challenge, and, in particular, to the exploration of a broader range of policy tools such as economic instruments, self-regulation, and information-based strategies.
In this chapter, we review the main categories of environmental instruments, both old and new. We do so not only to provide an overview of the main policy alternatives and to summarize the ‘state of the art’ in environmental policy making (though this in itself may be valuable for those who are not closely acquainted with the area), but also in order to demonstrate the substantial shortcomings of all current approaches and to argue a case for regulatory redesign.
Parties, Roles, and Interactions
Authors: Grabosky Peter , Gunningham Neil , Sinclair Darren 
Published: November 2023

Abstract
Traditionally, the regulatory process has been thought of as a dance between two participants-government and business, with the former acting in the role of regulator and the latter as regulate. However, beneath the surface of this simplistic image lies a far more complex reality in which a wide variety of instruments can be used by a multiplicity of regulatory participants and where informal social orderings play as significant a role as formal ones. As we will argue, the traditional view of regulation as exclusively a governmental function has become outmoded.