bluuebunny/crossref_metadata_2025_split huggingface dataset:
Causation and Remoteness
Authors: Barrie MA Peter 
Published: November 2023

Abstract
Under this heading we are concerned with two different but related issues. First, the requirement that there must be a causal link between the wrongful act of the defendant which provides the ground for liability, and the harm for which the claimant seeks compensation. Secondly, the rule of policy which limits the recovery of compensation to those consequences which are close to the defendant's act, excluding other harm which may have been caused by the defendant's act but which is held to be too remote from it to be compensated
Psychiatric Injury
Authors: Barrie MA Peter 
Published: November 2023

Abstract
The development of the law on recovery of compensation for psychiatric injury has been a gradual increase in the willingness of the courts to overcome a historical suspicion of psychiatry and to recognize and take seriously the merits of such claims. The current state of the law owes much to litigation arising out of the Hillsborough disaster on 15 April 1995 when the police allowed far too many spectators into the football ground resulting in severe crushing of the crowd of supporters–95 people were killed and hundreds more were injured…
Clinical Negligence
Authors: Barrie MA Peter 
Published: November 2023

Abstract
Although it is ever increasing in volume, clinical negligence litigation remains a specialist field and therefore a dangerous area for the general legal practitioner. The Law Society maintains a specialist panel of solicitors, and in practice public funding for clinical negligence claims is restricted to those holding a clinical negligence franchise. This chapter does not, therefore, purport to be a sufficient treatment of the law relating to clinical negligence claims for practitioners to use. The leading work is Clinical Negligence by Michael J. Powers and Nigel Harris, 3rd edn (Butterworths: London, 2000) and there is a very good practical guide written by Charles Lewis (Clinical Negligence, 5th edn (Butterworths: London, 2001)). Here instead is a brief outline of the key principles provided as a matter of general interest.
Multipliers
Authors: Barrie MA Peter 
Published: November 2023

Abstract
By the time a trial date is reached, or the date of a determined effort to compromise a claim, it should be possible to calculate accurately the financial losses that have already been suffered by the claimant. The assessment of future loss and expense will, however, be uncertain. In almost all cases, a personal injury claim is resolved by a single, final payment even though in many cases of serious injury the losses will not have come to an end. There are exceptions to the award of a final lump sum. Section 2 of the Damages Act 1996 provides for structured settlements where the claimant recovers an income for life rather than a lump sum, by allowing the court to make a periodical payments order for damages, and s 2, as substituted by the Courts Act 2003, s 100 (when in force), will enable the court to impose such an order without the consent of the parties. In some cases a provisional award allows an additional payment to be made at a later date when a risk of a complication of an injury materializes and a new s 2B of the 1996 Act proposes a similar power of variation. However, these rules do not allow for orders comparable to matrimonial periodical payments which can be varied from time to time according to the changing needs and circumstances of the parties. There are real practical difficulties with structured settlements and they are only suitable in fairly large claims.
Structured Settlements
Authors: Barrie MA Peter 
Published: November 2023

Abstract
It has been explained in Chapter 23 on multipliers how the court will usually calculate a single lump sum award of damages to provide compensation to the claimant for the future losses and expenses that result from his injuries over the rest of his life. A conventional award of this kind gives parties the benefits of certainty and finality, but the claimant must then manage his damages so as to meet all of his needs, and runs the risk of finding that his funds have run out if the performance of his investments is disappointing, or if he survives longer than the expectation of life that was assumed when the damages were assessed.
Limitation
Authors: Barrie MA Peter 
Published: November 2023

Abstract
Because of the difficulty for the courts in dealing fairly with very stale claims, and the injustice to those against whom claims might be brought after memories have faded and relevant documents have been lost, there is a time limit imposed on the bringing of proceedings. If the time limit is exceeded, the wrongdoer can rely on this as a defence to escape a claim, no matter how good the merits of the claim might be. The modern statutory basis for the time limits for bringing a legal claim is the Limitation Act 1980. For personal injury claims the rules include a discretionary element first introduced in 1963. The Law Commission (Consultation Paper No. 270, 10 July 2001) has suggested that all limitation rules might be simplified and this discretion be removed in favour of a 30 year long stop.
An Evolutionary Approach To Institutions And Social Construction Process And Structure
Authors: Zucker Lynne G , Darby Michael R 
Published: November 2023

Abstract
Building blocks of institutional theory come from a variety of dive rent sources. Some are concerned with development of the core theory itself, with structure or processes, while others are related to developing plausible measurement strategies. Much of the process of institutionalization is tacit and not open to direct measurement. Thus, indirect indicators of the social construction processes have been used. The authors acknowledge support for this chapter from the National Science Foundation (grant number SES 0304727) and from the University of California’s Industry-University Cooperative Research Program.
Epilogue Learning How To Develop Theory From The Masters
Authors: Smith Ken G , Hitt Michael A 
Published: November 2023

Abstract
Without creative personalities able to think and judge independently, the upward development of society is as unthinkable as the development of the individual personality without the nourishing soil of the community. (Albert Einstein) The purpose of this book is to help us learn how some of the greatest minds in management and organization research developed their ideas and theories. We believe that the best way to learn how to develop theory is by studying the masters who have developed important management theories. For the most part, the process of theory development is causally ambiguous, involving tacit knowledge and diYcult-to-observe processes.
The Process of International Expansion: Comparing Established Firms and Entrepreneurial Start-ups
Authors: Kuemmerle Walter 
Published: November 2023

Abstract
The study of processes of international expansion of firms has a long tradition within the process literature. Yet, this stream of research is somewhat thin when compared to the overall body of work on resource allocation processes (RAP) as well as when compared to research on motives for international expansion of firms. There are several possible explanations for this. First, process research typically includes a substantial component of fieldwork. This type of research is hard enough when it is performed within one country, and considerably more challenging when it involves extended visits to multiple countries. Also, process research typically examines rather complex phenomena, and researchers might deliberately limit themselves to one country in order to control for variance.
Historical Perspectives on Seafarers and the Law
Authors: Fitzpatrick D , Anderson M 
Published: November 2023

Abstract
Samuel Johnson’s aphorism was apt, not only in the 18th century, but for many 1.01 years before and afterwards. Employment at sea meant danger, isolation and restriction. It also meant that the seafarer was generally out of reach of any legal system which might be used to protect him, even if legal protection of the interests of workers was fairly scant at the time in many parts of the world.At the same time, shipping, as a commercial activity, was specially regulated from ancient times, through the medieval age, and up to the modern period. Some part of that regulation was directed to the condition of the seafarer. In Roman law, the Praetor’s Edict, eventually applicable throughout the Empire, In the UK, for example, laws seeking to reduce the physical risks of employment (the Factories Acts) begin to be seen in the second quarter of the 19th century, together with some regulation of the method of paying wages (the Truck Acts), but laws directed more widely to the improvement of the mutual rights and responsibilities of employment do not appear until the second half of the 20th century.
Brazil
Authors: Fitzpatrick D , Anderson M 
Published: November 2023

Abstract
Brazil, situated in the centre of the eastern part of South America and covering nearly half of South America, is the fifth largest country in the world in terms of size. It is a former Portuguese colony and has been an independent country since 7 September 1822.1 According to the Federal Constitution (the Constitution),2 Brazil is a federal republic formed by the union of 26 states and a federal district, which is the seat of the capital, Brasilia. The smallest political or administrative units are the municipalities, which are governed by mayors.
China
Authors: Fitzpatrick D , Anderson M 
Published: November 2023

Abstract
China has the largest workforce in the world.1 Until the beginning of 1995, when the Labour Law of the People’s Republic of China (the Labour Law) took effect,2 there was no effective protection of employee rights under Chinese law. As a socialist country, workers worked for themselves within State- owned units or enterprises, so there was no need to have any labour contract. The economy was controlled by the State, which was responsible for directly allotting a worker to an enterprise to do a specific job. Individuals were subordinate to the collective, and the collective was subordinate to the State. Everything was planned including recruitment, and ‘once recruited, always recruited’. In this system, the labour relationship was akin to a social relationship.
Greece
Authors: Fitzpatrick [AU] D , Anderson M 
Published: November 2023

Abstract
A maritime country of ancient standing, Greece was also the birthplace of the first regulations on maritime labour. The initial compilations of the classical era, as amended by relevant decrees of the Byzantine emperors, soon evolved into a corpus of customary rules which, moderated by local usage and business practices, continued to cover the field until fairly recently. Eventually, the private law issues of maritime trade were codified by Law 3816/1958 in a Code of Private Maritime Law, later complemented by the Code of Public Maritime Law, ratified by Legislative Decree 187/1973. Both enactments have been subsequently repeatedly amended and supplemented by a plethora of presidential decrees and ministerial decisions issued upon legislative authorization contained in the Codes.4 Yet the traditional customary self-regulation of the industry has not been eliminated altogether: the employment contract signed by the seafarer remains the basic instrument for the determination of the seafarer’s rights and obligations.
Culture as a source of sustained competitive advantage*
Authors: Barney Jay B , Clark Delwyn N 
Published: November 2023

Abstract
Many attempts to explain the sustained superior financial performance of firms like Dell, McDonald’s, and Southwest Airlines have focused on the managerial values and beliefs embodied in these firms’ organizational cultures (Corporate Culture 1980; Deal and Kennedy 1982; Peters and Waterman 1982; Tichy 1983; Kotter and Heskett 1992; Quick 1992; Freiberg and Freiberg 1996; Collins and Porras 1997). These explanations suggest that firms with sustained competitive advantages typically are characterized by a strong set of core managerial values that define the ways they conduct business. It is these core values (about how to treat employees, customers, suppliers, and others) that foster innovativeness and flexibility in firms; when they are linked with management control, they are thought to lead to sustained competitive advantage. Many of these explanations have a strong normative orientation. Firms with strong cultures are pointed out as examples of excellent management (Peters and Waterman 1982); mechanisms for modifying the cultures of other firms to approximate closely the cultures of successful firms have been widely discussed and applied (Corporate Culture 1980; Quinn 1980; Tichy 1983). These efforts are seen not only as ways of improving employee morale or quality of work life, but also as vital for improving a firm’s performance. Recall that Peters and Waterman (1982) and Collins and Porras (1997) chose firms for their samples that not only had an excellent reputation for management, but also were superior financial performers over long periods. This chapter examines the relationship between organizational culture and sustained competitive advantage.
Resource-based theory and corporate diversification*
Authors: Barney Jay B , Clark Delwyn N 
Published: November 2023

Abstract
A firm implements a corporate diversification strategy when it operates multiple businesses within its boundaries. This strategy is one of the most studied phenomena in the field of strategic management (Berg 2001). A wide variety of theoretical tools have been used to understand this phenomenon, everything from agency theory (Jensen and Meckling 1976) to portfolio theory. Depending on these different theoretical perspectives, corporate diversification has been characterized as a systematic waste of shareholder’s money (Lang and Stulz 1994; Berger and Ofek 1995, 1999), as having no impact on shareholder wealth (Bradley, Desai, and Kim 1988; Graham, Lemmon, and Walf 2002; Villalonga 2004), and as having a positive impact on shareholder wealth (Elgers and Clark 1980; Jensen and Ruback 1983; Schipper and Thompson 1983; Matsusaka 1993; Hubbard and Palia 1999). Resource-based theorists, almost from the beginning, have also been interested in the causes and consequences of corporate diversification (Wernerfelt 1989; Chatterjee and Wernerfelt 1991). Indeed, one of the most cited explanations of corporate diversification—that firm’s diversify to exploit their core competencies (Prahalad and Bettis 1986; Prahalad and Hamel 1990)—is very consistent with, and an early contributor to, resource-based theory. This chapter summarizes this traditional resource-based approach to understanding corporate diversification. In addition, this chapter proposes an alternative approach to understanding resource-based theory. Where the traditional theory combines the assumption that firms may have different resources and capabilities that can create value in multiple business. This chapter draws from Barney (2002) and Wang and Barney (2006).
The future of resource-based theory
Authors: Barney Jay B , Clark Delwyn N 
Published: November 2023

Abstract
This thing called resource-based theory has come a long way since the mid-1980s, when it was first being formulated by Rumelt (1984), Wernerfelt (1984), and Barney (1986a). Beginning with a small group of scholars, resource-based theory grew rapidly until it arguably became the dominant theory in the field of strategic management by the late 1990s. This roughly fifteen-year period saw numerous refinements of the theory, many empirical tests, and several pointed criticisms (e.g. Porter 1991; Priem and Butler 2001; Bromiley 2005). But the central assertions of the theory—that firms often possess different resources and capabilities, that these different resources and capabilities enable some firms to implement valuable strategies that other firms will find too costly to implement, and that these differences among firms can be long lasting—remain pretty much unchanged since its earliest development. Given this history, a reasonable question becomes: What is next for resource-based theory? Is it possible that this theory will continue to yield new theoretical or empirical insights? If so, in what areas are these insights likely to exist? Or, has this theory run its course, destined to being part of the established base of theory in the field of strategic management, but no longer inspiring new and creative theoretical and empirical work? Of course, our belief is that resource-based theory has the potential to continue to generate new theoretical and empirical insights. The primary purpose of this chapter is to describe some areas where this potential might be realized. However, before describing where these insights are likely to come from, it might make sense to cite a few areas where we think additional discussion and debate is not likely to generate new insights.
The Law and Practice of Mergers and Acquisitions in the People’s Republic of China
Authors: Chong Seung 
Published: November 2023

Abstract
Mergers and acquisitions in China are becoming increasingly relevant to practitioners both in and outside of China as a secondary M&A market in China develops and as an increasing number of global M&A deals have a China component. In addition, there are increasing opportunities for private equity and other financial investors. In this new book, Seung Chong gives a full account of practical issues arising in mergers and acquisitions in China as well as providing substantive commentary on relevant legal principles. He draws together overarching issues such as transaction structure and process, merger control and government approvals while giving references to international practice throughout, resulting in a practice-oriented and extremely accessible text.
Interpreters And Translators In The Criminal Legal Process
Authors: Corsellis Ann , Clement Amanda 
Published: November 2023

Abstract
The current scale of globalization is a recent phenomenon. We all now live in multi-12.01 lingual countries and most have regular contact with colleagues in other countries. The principles of equality before the law, irrespective of language and culture, have long been enshrined in domestic and EU law. Over the last twenty years, informed individuals and groups have done what they could to develop the necessary skills and structures to implement those principles in respect of other-language speakers. Governments have only begun to institutionalize their implementation relatively recently.
Investigative And Evidential Applications Of Forensic Speech Science
Authors: French Peter , Harrison Philip 
Published: November 2023

Abstract
The purpose of this chapter is to introduce the reader to the main investigative and 14.01evidential applications of forensic speech science, namely speaker profilingg, forensic speaker identification and questioned utterance analysis.In presenting these areas, we shall attempt to address the concerns of the—mainly legal 14.02 and law-enforcement—readership of this book; namely, their strengths and limitations from both scientific and legal viewpoints.
Power, Social Control, and Psychiatry: Some Critical Reflections
Authors: Scull Andrew 
Published: November 2023

Abstract
This chapter will examine some developments in the study of social control during the past quarter century or so through a particular prism, my own intellectual evolution over that period. It will thus combine autobiographical elements with reflections on larger scholarly themes. In keeping with the focus of my work, though I shall pay some attention to the study of punishment and the penal system, for the most part my attention will be focused elsewhere: on psychiatry and its role in social control. Too often, in my view, social scientists have obfuscated or ignored the ideological and institutional differences that characterize these two realms, the punitive and the psychiatric.
The Year Book Of European Environmental Law
Authors: Etty T F M , Somsen H , Heyvaert V , Lee M , Kramer L 
Published: November 2023

Abstract
The Yearbook of European Environmental Law brings together topical analyses of contemporary European Environmental Law. Leading European and American academics provide in-depth scholarly articles covering a wide range of challenging issues. The Yearbook contains an easily accessible Annual Survey providing legal practitioners, academics, and policy-makers with detailed and indispensable information on current and future European environmental law. In addition the Yearbook features summaries and full texts of preparatory commission documents, green books, and other discussion papers, as well as a selection of reviews of books.
Introduction
Authors: McElligott Anthony 
Published: November 2023

Abstract
It is a wonder that the Weimar Republic, besieged from the outset by hostile forces, should have lasted for as long as it did: fourteen years. The early years were turbulent: revolution threatened from the left; attempted coups d’état were staged from the right; political assassination claimed the lives of many democrats, notably ministers Matthias Erzberger and Walther Rathenau, and the leaders of the left-wing Spartacists, Karl Liebknecht and Rosa Luxemburg; monetary instability ruined the lives of millions; in the later years of the republic, from 1930, economic depression tore deep into the social and political fabric and propelled the republic towards its end.
The Weimar economy
Authors: James Harold 
Published: November 2023

Abstract
Walther Rathenau, Weimar’s most famous entrepreneur intellectual politician, in a speech in September 1921 claimed that Napoleon’s famous slogan, that politics was destiny, was now outdated, and that it should be replaced by a new vision: ‘Economics is destiny.’ The statement accurately reflects the obsession that gripped Weimar, a preoccupation with economic performance, economic policy, and economic constraints. ‘Weimar’ stands in popular parlance for three phenomena: artistic innovation, a ‘perfect constitution’ that collapsed, and extreme economics.
‘Neues Wohnen’ Housing and reform
Authors: Saldern Adelheid von 
Published: November 2023

Abstract
Walter Gropius, who founded the Bauhaus in 1919, believed that ‘from a biological perspective a healthy human needs above all else air and light but only a small living space’. This view required new kinds of dwellings and a new way of living: rationalization was the order of the day and technology was to be the key to this. The associated reformist ideas for society aimed at emancipating humanity from want and misery.
Weimar Jewry
Authors: Kauders Anthony D 
Published: November 2023

Abstract
Why include a chapter on the Jewish community, which comprised less than 1 per cent of Germany’s population, if at the same time the more numerous Catholics and Protestants are not treated separately? We can detect at least three reasons that have led historians of Weimar to include the Jews in their surveys of the period: the Jews were important not because of their denomination but because of their ethnicity.
Distinctive Character Acquired Through Use: The Law And The Case Law
Authors: Folliard-Monguiral Arnaud 
Published: November 2023

Abstract
Article 15(1) of the TRIPs Agreement provides an option for the Members of 4.01 TRIPs1 to make registrability depend on distinctiveness acquired through use where signs are not inherently capable of distinguishing the relevant goods or services.2 In contrast, the Trade Mark Directive3 (hereafter ‘Council Directive The Members of TRIPs are most of the world’s nation states, although certain Members are ‘customs territories’, for example the European Communities. The TRIPs Agreement is Annex 1C of the Marrakech Agreement Establishing the World Trade Organization, signed in Marrakech, Morocco on 15 April 1994.