bluuebunny/crossref_metadata_2025_split huggingface dataset:
Prosecutors, Examining Judges, and Control of Police Investigations
Authors: Field Stewart , Alldridge Peter , Jorg Nico 
Published: November 2023

Abstract
At present, in both countries ‘interrogation is the investigative strategy of the police ‘.1 Accordingly, in our discussion of the role of rules and courts in the control of investigation we concentrate on the procedural frame work for interrogation. Suspects arrested and interrogated by the Dutch police have more limited rights than their English or Welsh counterparts. They have no right to have a lawyer present during police interrogation: a duty defence counsel will be informed that the suspect is held in police custody, but questioning may continue in his/her absence. The police can hold the suspect for six hours for interrogation; for seventy-two hours in the interest of the investigation without prosecutorial consent, and for another seventy-two hours with the consent of the Prosecutor. The only record of the interview(s) is a police statement usually signed by the defendant. Interviews are not tape-recorded nor taken down verbatim. Thus arrested Dutch suspects are faced with a police force with very broad discretionary control over the circumstances of custody and questioning. In some ways the picture resembles the situation in England and Wales before the Police and Criminal Evidence Act 1984 (PACE). Then, a number of observation studies of police interrogation concluded that a variety of inducements and threats were routinely offered to get confessions.2
Looking Ahead: Environmental Regulation—A Future?
Authors: Greenwood Brian 
Published: November 2023

Abstract
What has changed? Why is the ‘environment’ —howsoever defined—now so important when ten or even five years ago few would have been able to find time for a two-day working colloquium on the subject? Other chapters have considered environmental regulation from the point of view of the regulatory authorities, commerce and industry, and the financial institutions. A strong thread running through all these chapters, however, is the influence now being exerted by Europe, and what can best be described as the stimulus provided by the ‘American experience’.
General Report
Authors: Fawcett J J 
Published: November 2023

Abstract
The topic of declining jurisdiction in private international law is one of enormous practical importance and academic interest. It is also a topic where a comparative approach is particularly revealing, not only as to differences between the common law and civil law worlds but also as between one common law jurisdiction and another, and as between one civil law jurisdiction and another. Before making these comparisons, a few words need to be said about what is meant by ‘declining jurisdiction’ and about the scope of the present inquiry.
Germany
Authors: Schack Dr Haimo 
Published: November 2023

Abstract
It is hard for a judge to forgo exercising the international jurisdiction that is extended to him by law: the plaintiff’s expectations of domestic legal protection will not be met. Moreover, the adjudication of the dispute will be left for a foreign judge to make and will sometimes differ in the result, because different procedural circumstances and often also different choice of law rules will govern the foreign forum. Renouncing domestic jurisdiction is therefore rather the exception than the rule, and needs specific justification. Whereas German law predominantly rejects the doctrine of forum non conveniens (below, II), it very generously respects the earlier pendency of a foreign action (below, III). Forum-selection agreements prorogating an exclusive foreign forum are also widely respected (below, IV, 1), as are arbitration agreements, if the defendant refers to them in time (below, IV, 2). German courts do not interfere with a foreign action by issuing antisuit injunctions (below, V); these conflicts can only be solved later by refusing to recognize the foreign judgment.
The Netherlands
Authors: Freudenthal Mirjam , Velden Frans Van Der 
Published: November 2023

Abstract
Legal decisions are precious objects. They often decide a man’s life in a drastic way and in most cases they cost the parties and the Treasury a lot of money. In civil and commercial cases each claimant or petitioner tries to find the court that is most willing to decide his or her case in an expectedly favourable way, positive and executable at a place where execution makes sense. Legislators for their part try to balance the interests of the parties and to reduce the costs of adjudication by reducing the workload of the courts.
In general, two systems of controlling the number of cases by way of jurisdiction are available:
(1) The law of procedure strictly defines the cases in which the courts have jurisdiction, in principle leaving no room for judicial discretion. In this jurisdictional system two questions will arise: first, what to do in cases where two courts have jurisdiction at the same time in the same cause of action—to be answered by rules of lis pendens—and, secondly, what should be done if no positive or negative rule of jurisdiction is given—to be answered by rules of forum necessitatis.
EC Company Law
Authors: Edwards Vanessa 
Published: November 2023

Abstract
In EC Company Law Vanessa Edwards makes a detailed analysis of all the adopted company law and securities Directives, namely the First, Second, Third, Fourth, Sixth, Seventh, Eighth, Eleventh and Twelfth Company Law Directives and the Admissions, Listing Particulars, Interim Reports, Public Offer Prospectus, Major Shareholdings and Insider Dealing Directives. She illuminates their historical context, scope, substantive effect, interpretation by the European Court of Justice and national implementation. The book also contains a thorough examination of the scope of companies freedom of establishment, reviewing in depth the case law of the Court of Justice on Article 52 of the EC Treaty in so far as it applies to corporate entities.
European Community Labour Law: Principles and Perspectives
Authors: Davies Paul , Lyone-Caen Antoine , Sciarra Silvana , Simitis Spiros 
Published: November 2023

Abstract
This is an exciting collection of essays by an internationally distinguished group of writers. It is the first book of its kind to take stock of what cmmunity labour law has achieved to date but also explores its directions in the future. The book is ambitious in scope, covering the foundations of EC labour law, the principal policy developments which have shaped it, institutional relations and the extent to which these policies have been implemented in fields such as discrimination, employment, immigration, and the Social Fund. This collection will appeal to students and practitioners of European Community law, labour law, and social policy. The essays are written in honour Professor Lord Wedderburn of Charlton, the doyen of European labour law studies and one of the century's outstanding legal scholars.
Equality and Moral Independence: Private Morality and Public Law
Authors: Allan T R S 
Published: November 2023

Abstract
Public lawyers generally assume that the British and American Constitutions dictate radically different answers to fundamental questions concerning political authority and individual rights. The written constitution's status as higher law is contrasted with the sovereignty of Parliament, a contrast suggesting a familiar opposition between the supremacy of natural law, on the one hand, and the unchallenged dominion of positive law, on the other. As Roger Cotterrell suggested in chapter one, it may be wise to exercise caution in drawing parallels, in the sphere of constitutional fundamentals, between the two systems of government. There are none the less reasons for seeking common ground in the protection of individual rights. Beneath the surface of constitutional arrangements, which seem to flaunt their contrasting philosophies of government, lie profoundly difficult questions whose answers I shall argue depend more on political theory, and less on settled tradition, than is often acknowledged. If constitutional theory is always a segment of political philosophy, issues of legal interpretation must ultimately turn as much on underlying visions of liberal democracy as on more prosaic analysis of legal text and precedent.
Law and Politics
Authors: Radford Mike , Broom Donald M 
Published: November 2023

Abstract
Determining those factors which have a bearing on an animal’s welfare, together with their relative importance, is essentially a question of science. However, deciding upon the appropriate degree of protection afforded to animals by the law requires more than the mere mechanical translation of scientific opinion into legislation. Although scientific advice is generally an essential consideration, and will often be paramount, it is not necessarily decisive. Even on those rare occasions when there is a consensus among the relevant experts, ethical, economic, political, and health issues may also require to be taken into account. For example, in deciding how best to control sheep scab, prevent the introduction into Britain of rabies, or investigate the prevalence of TB in badgers and cattle, a balance has to be struck between conflicting interests. Developing public policies towards animals, there fore, requires the exercise of judgment-a responsibility which falls ultimately to politicians.
Religion and Revelation
Authors: Ward Keith 
Published: November 2023

Abstract
Since first Thomas Aquinas defined theology as revelation, or the rational elucidation of revealed truth, the idea of revelation has played a fundamental role in the history of western theology. This book provides a new and detailed investigation of the concept, examining its nature, sources, and limitations in all five of the major scriptural religions of the world: Christianity, Judaism, Islam, Hinduism, and Buddhism. The first part of the book discusses the nature of theology, and expounds the comparative method as the most useful and appropriate for the modern age. Part Two focuses on the nature of religion and its early historical manifestations, whilst the third part of the book goes on to consider the idea of revelation as found in the great canonical traditions of the religions of the world. Part Four develops the distinctively Christian idea of revelation as divine self-expression in history. The final part of the book discusses how far the idea of revelation must be revised or adapted in the light of modern historical and scientific thought, and proposes a new and positive theology of revelation for the future. The book includes discussions of the work of most major theologians and scholars in the study of religion - Aquinas, Tillich, Barth, Temple, Frazer, and Evans Pritchard - and should be of interest to many scholars and students of comparative religion and theology, and anthropologists.
Compliance: Regulation And Environment
Authors: Hutter Bridget M 
Published: November 2023

Abstract
Regulation touches upon areas of vital importance to our lives and the economy, but it is still very much a 'grey area' of criminal law and social control, subject to very little academic scrutiny. This book combines an analysis of the broader structural factors which influence regulation and its definition at the everyday level with a discussion of empirical data, to reach a thorough understanding of the subject. The empirical data focuses on the regulation of economic activities in the areas of occupational health and safety and the environment in England and Wales in the 1980s.
Competition Law and Industrial Policy in the EU
Authors: Sauter Wolf 
Published: November 2023

Abstract
This book provides a new analytical framework for legal problems concerning the economic order of the European Union. In order to determine the remaining scope for national economic sovereignty, and the improvement of the economic order of the Community itself, the focus of the book is the contentious relationship between competition and industrial policy under European law. The theoretical perspective used is based on a comparison between the concepts of the Treaty as an economic constitution and as a political constitution. On this basis, the convergence of competition and industrial policy at the Community level is explained as the result of the rationalisation of public policy, and the reduction of the economic independence of the member states. The study concludes that the market orientation of the European Union is not in doubt, but that a clear link remains to be established between the legitimacy of public intervention in the economy and the distribution of power in the Community system.
Care Or Custody?
Authors: Laing Judith M 
Published: November 2023

Abstract
In recent years there has been growing concern and controversy surrounding the care and treatment of mentally disordered offenders. Consequently, there have been a series of legislative and policy developments during the last decade, which have led to changes in attitude and the way that such offender-patients are treated. Such changes have focused primarily upon timely therapeutic intervention and diversion from the criminal justice system. Care or Custody?: Mentally Disordered Offenders in the Criminal Justice System considers these issues in depth. It is a comprehensive and scholarly text which identifies some of the practical difficulties that occur when mentally disordered offenders come into contact with the criminal justice system. The law in this area is complex and this book will enable professionals involved in the subject to gain a better understanding of the law and policy with regard to mentally disordered offenders. Judith Laing also analyses and addresses some of the theoretical issues and concerns surrounding the treatment and detention of mentally disordered offenders. The book will therefore assist and inform legal, mental health, and related practitioners working in this field, and will also provide a theoretical overview of the law for academics and students.
EC Agricultural Law
Authors: Usher J A 
Published: November 2023

Abstract
While much has been written on the Common Agricultural Policy from the perspectives of political science and agricultural economics, it is as true now as it was in 1988 when the first edition appeared to say that little has been written in English on the specifically legal issues which arise from the CAP. Despite this apparent neglect, the CAP lay behind many of the institutional developments in the EC, as well as its system of finance, and it is also an area where the introduction of the euro has had a particularly marked effect. Agricultural goods formed the first single market in the EC, and agricultural legislation forms the background to much of the European Court's case-law on the relationship between EC law and national law, and it is also within this context that the Court has developed (and is developing) many of the general principles of EC law. Furthermore, the CAP is an area which has more recently been influenced by broader international agreements, notably the WTO Agreement on Agriculture, but it is also an area in which EC policy has in fact been found to conflict with WTO law, notably with regard to the market in bananas, and with regard to the prohibition on hormones in beef. The aim of this book is to explore the legal issues arising from the CAP at a time when it has undergone a major change of emphasis from product support to producer support, and to set out the principles underlying what remains a complex web of legislation.
Introduction
Authors: Hazell. Robert , Cornes Richard 
Published: November 2023

Abstract
Tony Blair has described the Government’s programme of constitutional reform as ‘the biggest programme of change to democracy ever proposed’ . This view is echoed by the Lord Chancellor, Lord Irvine of Lairg, the Minister who is presiding over the Government’s constitutional reform programme. He has also commented that the reforms while addressing universal problems are ‘tailored to the particular needs of the British constitution’ . The programme will transform the political and legal landscape, in ways not yet fully understood. Twelve constitutional bills have been introduced in the first legislative session of the new Government, and eleven have been passed which are set out in Figure 1.1 below.
The Shape of Things to Come: What Will the UK Constitution Look Like in the Early 21st Century?
Authors: Hazell Robert 
Published: November 2023

Abstract
This chapter seeks to sketch the changes to the UK political landscape which may result from the current programme of constitutional reform. It sets to one side developments in Europe, which are explored in Chapter 4, and focuses on the domestic agenda. Two scenarios of how the constitutional reform programme may unfold are taken for the purposes of assessing the position in around ten years’ time, one minimal, one maximal (see Figure 2.1.).
A Rolling Programme of Devolution: Slippery Slope or Safeguard of the Union?
Authors: Hazell Robert , O’Leary Brendan 
Published: November 2023

Abstract
In its first year in office the Labour Government has unleashed five separate initiatives in devolution, each with a different dynamic, whose cumulative effect will be to transform the nature of the UK as a multi-national state. Each initiative has been planned with little obvious regard to the other elements in the devolution package (save for some read-across between Scotland, Wales and Northern Ireland); and with no sense of the package as a coherent whole. But as devolution is implemented in this piecemeal fashion there may be a growing need to develop a coherent framework, if only after the event, for practical and political reasons. Coherence need not mean symmetry or even federalism by another name; but it should imply, where appropriate, the development of common solutions to common problems, and a common institutional framework to cement the devolution settlement. The chapter begins by describing each of the elements in turn, and then stands back to forecast what a devolved UK might look like in ten years’ time. It also contains a couple of comparative case studies: one on devolution in Spain, the other on the lessons to be learnt from the Nordic Council.
Article 86(1) (Formerly Article 90(1)) Of The Ec Treaty
Authors: Buendia Sierra Jose Luis , Read Andrew 
Published: November 2023

Abstract
The three sections of Article 86 (formerly Article 90) of the Treaty are concerned, 4.01 from different perspectives, with public undertakings and exclusive and special rights awarded by Member States to certain undertakings. Article 86 can only be correctly analysed in the light of its ‘twin provision’, Article 31 (formerly Article 37). Both Articles share a common origin and a reputation for being extraordinary difficult to interpret, which has led academics to refer to the ‘obscure clarity’ of Article 31 and the ‘clear obscurity’ of Article 86.1
The Innovation Lottery
Authors: Scherer* F M 
Published: November 2023

Abstract
During the past several years Dietmar Harhoff (University of Munich) and I have been collecting and analyzing quantitative data on the size distribution of rewards realized by individuals and organizations carrying out technolog ical innovations. From our new evidence and insights by other scholars on the economics of individuals’ gambling behavior, it is possible to propose a theory of incentives for innovation in technology and other creative endeav ors. Our findings provide support for a half-century-old obiter dictum by the renowned Austrian (and later Harvard University) economist Joseph A. Schumpeter. Characterizing the admixture of chance, ability, and energy that sustains innovation and technological progress in a capitalistic economy, Schumpeter wrote: Spectacular prizes much greater than would have been necessary to call forth the par ticular effort are thrown to a small minority of winners, thus propelling much more efficaciously than a more equal and more ‘just’ distribution would, the activity of that large majority of businessmen who receive in return very modest compensation or nothing or less than nothing, and yet do their utmost because they have the big prizes before their eyes and overrate their chances of doing equally well.
Networks Of Learning In Biotechnology: Opportunities And Constraints Associated With Relational Contracting In A Knowledge-Intensive Field
Authors: Powell* Walter w. 
Published: November 2023

Abstract
The most developed economies today are undergoing a transformation from raw material processing and manufacturing to the creation, development, and application of new knowledge. As a consequence, many scholars tell us, production based on a logic of diminishing returns is being replaced by a logic of increasing returns.1 The development of an increasing returns-based econ omy is buoyed by several factors. In knowledge-intensive fields, steep up front costs in research and development (R&D) are typical, but once a new medicine or software product is successfully developed, the costs of produc ing additional copies are minimal.
Deducting Benefits from Damages for Personal Injury
Authors: Lewis Richard 
Published: November 2023

Abstract
This book examines an area of personal injuries law that has been largely neglected by other writers, but which is of vital importance in practical terms when establishing quantum of damages for personal injuries. It provides detailed coverage of the law as it works in practice, but also important insights into the underlying legal principles and policy. There is comprehensive analysis of the rules relating to the deduction of social security benefits, including the Social Security (Recovery of Benefits) Act 1997 and the new rules concerning recovery of NHS costs from insurers. The book also explains in detail how the deduction of private insurance payments, gifts and charitable payments, benefits relating to employment, benefits related to the cost of care, and benefits accruing to dependants all impact upon the awards made by the Courts.
The UNIDROIT Mobile Equipment Convention
Authors: Sir Professor , Goode Roy 
Published: November 2023

Abstract
The sharp movement from planned to market economies has made the role of security for payment even more important than formerly; and with the globalization of markets has come a pressing need to ensure as far as possible that a security interest created under the law of one jurisdiction will be recognized in others. Hence over the past decade there have been renewed attempts to secure a measure of harmonization of national laws affecting cross-border security interests. There are many kinds of instrument that can be used for the harmonization of different aspects of commercial law. They include instruments which have, or are intended to be given, the force of law, such as model laws, multilateral conventions, and instruments produced by supranational organizations such as the European Union; contract-based uniform rules of the kind published by the International Chamber of Commerce, such as the Uniform Customs and Practice for Documentary Credits; and ‘soft law’, exemplified by international restatements by scholars such as the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law prepared by the Commission on European Contract Law. However, contract-based instruments are inapposite to regulate transactions involving third party rights, while international restatements can at most be of persuasive influence.1 For the regulation of such rights it is necessary to resort to legally binding instruments, in particular model laws, multilateral conventions, and EC Directives. All three types of instrument have been employed in the field of security interests. Of particular importance are the following.