bluuebunny/crossref_metadata_2025_split huggingface dataset:
America’s Reading of Nature and the Panoramic Gaze of the Fu
Authors: Stamy Cynthia 
Published: November 2023

Abstract
From about 1913, the year of the Armory Show in New York, American poetry was subject to an increasingly international influence. Marianne Moore had, before that time, already begun her vast reading on Chinese subjects. Her poet contemporaries were similarly delving into scholarly texts on the Far East. From 1901 to1905, Ezra Pound, William Carlos Williams, and H. D. were all at the University of Pennsylvania and reading widely in Eastern literatures. Poetry: A Magazine of Verse was founded in 19 I 2 and published by Harriet Monroe in Chicago, and Pound, as London editor, was promoting lmagism in its pages. Of the several imperatives of this new poetic practice, which was characterized by clarity, precision, and brevity, one feature was decidedly not in keeping with American poetic traditions. In a letter to William Carlos Williams of 21 October 1908, Pound articulated an early version of what became the Imagist Manifesto.
The Period During Which Proceedings Are Sub Judice Or Active
Authors: Miller C J 
Published: November 2023

Abstract
One of the most difficult problems in the law of contempt is to determine when 6.01 proceedings are sub judice so that a publication which is alleged to create a risk of prejudicing their conduct or outcome may give rise to the commission of the offence. The problem may arise both in criminal and civil proceedings and in proceedings before such bodies as tribunals of inquiry. However, in practice it is in the case of criminal proceedings that the problem has proved to be especially acute. At common law the solution has traditionally been sought by asking whether the proceedings allegedly prejudiced were pending or perhaps imminent at the material time.
Contempt In Relation To Particular Civil Proceedings And Proceedings In Tribunals
Authors: Miller C J 
Published: November 2023

Abstract
Although the restrictions imposed by the sub judice rule are associated primarily 8.01 with criminal proceedings, it has long been clear that they apply to civil proceedings as well. Indeed The St James's Evening Post Case? perhaps the locus classicusoE contempt, followed upon the abusing of litigants in civil proceedings.
The Impact of Crime on Children
Authors: Morgan Jane , Zedner Lucia 
Published: November 2023

Abstract
A good deal is now known about the effects of crime on adult victims. In 1984, the British Crime Survey included, for the first time, questions about the impact of crime on the general population.1 As well as general studies of the effects of victimization,2 studies of the impact of specific types of crime have also been carried out, for example concerning burglary victims,3 and victims of violence.4 These studies have shown the effects of crime on adult victims to be highly complex and variable, and largely unpredictable. None the less researchers have attempted to identify and categorize the main types of effect experienced. Shapland et al., in a study of nearly 300 victims of assault, robbery, and rape, identified eight main groups of effects.5 These were direct effects of physical injury and financial and property losses, and also effects on home and social life, on work, and on attitudes and feelings. Of these, the most frequently mentioned effects were those involving attitudes and feelings. Indeed most studies broadly agree that psychological distress is the central, dominant reaction of crime victims, though the degree of distress suffered varies greatly according to the severity of the crime and the personal characteristics of the victim. Whilst property offences might be thought less likely to have a profound psychological impact, Maguire found that many victims of burglary suffered considerable distress. The emotional impact of the burglary seemed to be more important to the victims in his sample than the financial loss incurred.
The Child Victim, The Prosecution Process, and the Court
Authors: Morgan Jane , Zedner Lucia 
Published: November 2023

Abstract
Interest in the impact of criminal proceedings upon child victims has focused almost entirely on the prosecution of cases of child sexual abuse and, in particular, on the traumatic effects of court appearance for child witnesses.1 There has been considerable debate amongst professionals about the desirability of prosecution in cases where a child is abused by a member of their family. In such cases, the overriding factor to be considered is that the child’s best interests are served. Without stringent safeguards prosecution may risk further victimizing the abused child. The Criminal Law Revision Committee (1984) took the view that the intervention of the criminal justice system should be limited as far as possible in cases of abuse within the family. By implication, it suggested that all but the most serious cases should be dealt with by a caution alone, so that rehabilitative work with the family could begin as rapidly as possible.
The Chinese Wall at General Law
Authors: MCVea Harry 
Published: November 2023

Abstract
The exact legal status of the Chinese Wall in multi-functional financial firms, either here or across the Atlantic, has never been clearly established. Although the idea of one entity at law operating in two separate capacities has been sanctioned in English law,1 how far this doctrine extends to separate departments within one financial conglomerate or group is uncertain. At present, support for the Chinese Wall in financial conglomerates is derived from a number of sources. In the UK, the making of Chinese Wall-type rules has been sanctioned by the legislature2 and given recognition by the regulatory authorities. For example, the SIB and SROs and, indeed, the Take-over Panel have all adopted Chinese Wall rules. The SIB rule-book, derived from the Financial Services Act 1986, is without doubt the clearest and strongest expression of approval to have yet been made. However, the SIB’s Chinese Wall rules (and the SRO rules made thereunder) ‘shall not be construed as excluding or restricting any provision of the law of agency or relating to fiduciary or other duties owed by a firm to those for or with whom it deals’. The general law is therefore not abrogated.
Rescripts: System and Style
Authors: Honoré Tony 
Published: November 2023

Abstract
This chapter deals with: (i) the functions of the rescript system; (ii) the procedure for obtaining a rescript; (iii) the source material for third century rescripts; (iv) their style and the method of analysing it. From now on I call answers by the emperor to petitions by private citizens simply ‘rescripts’, since rescriptum (‘reply in writing’) is the standard third-century term. In the second century these answers were often called ‘subscripts’ (subscriptiones),1 a word which reflects the fact that at least originally the answer was written below the petition.
Conclusions
Authors: Poulter Sebastian 
Published: November 2023

Abstract
In 1978 UNESCO expressed its confidence both in the intrinsic worth of the different cultures found throughout the world and in their potential for fruitful interaction, when it declared its conviction that– all peoples and all human groups, whatever their composition or ethnic origin, contribute according to their own genius to the progress of the civilizations and cultures which, in their plurality and as a result of their interpenetration, constitute the common heritage of mankind.
The European Convention on Human Rights and Criminal Justice in the Netherlands and the United Kingdom
Authors: Swart Bert , Young James 
Published: November 2023

Abstract
Both the Netherlands and the UK became parties to the European Convention at an early stage in its history, the UK in 1951 and the Netherlands in 1954. Both have accepted the right of aggrieved individuals to petition the European Commission of Human Rights and the compulsory jurisdiction of the European Court of Human Rights at the instigation of the Commission or another State Party to the Convention-the Netherlands in 1960 and the UK in 1966. However, the marked difference in approaches to the performance of their treaty obligations has made a considerable difference to the way in which the influence of the Convention has been felt in the two states. In the Netherlands the Convention is enforceable in the courts, whereas successive British governments have rejected proposals to make Convention rights domestically justiciable. Furthermore, the difference between the criminal justice systems in both countries has meant that challenges to national law and practice have been directed at different aspects of each system.
Diversion, Europeanization and the Mentally Disordered Offender
Authors: Fennell Phil , Koenraadt Frans 
Published: November 2023

Abstract
In recent years diversion policies for mentally disordered offenders have been adopted with particular fervour in England and Wales. They rest on three principles: (1) that special safeguards are necessary governing questioning of mentally disordered suspects in the police station and their confession evidence, since they may be especially liable to make false admissions;1 (2) that mentally disordered suspects and offenders should be diverted away from the penal system and into the health and social care system; (3) that, once in the psychiatric system, patients are entitled to be cared for in the least restrictive setting commensurate with the need to protect the public.2 However, the gulf between policy and practice remains wide because, although a legal framework for diversion has existed since 1959 and since 1984 for the protection of vulnerable suspects in the police station, it was not until 1990 that Circular 66/90 on the Diversion of Mentally Disordered Offenders from Custody was issued following renewed expressions of concern about the high numbers of mentally disordered prison inmates and the increasing numbers of suicides in prisons.3
Prisoners ‘ Rights in the Netherlands and England and Wales
Authors: Douglas Gillian , Moerings Martin 
Published: November 2023

Abstract
In this chapter, we compare the protection of prisoners ‘ rights in the Netherlands and England and Wales.1 We outline the current position in the two jurisdictions, and then consider the extent of European influence upon the recognition of the rights prisoners seek to enjoy. We regard the isolation of prisoners from the outside world, and their consequent powerless ness, as the key features of imprisonment, and therefore focus on whether, and if so how, prisoners may seek to uphold their rights to social contacts, and to challenge internal disciplinary findings against them. Not only are the two systems significantly different in their attitude towards, and the consequent treatment of, prisoners, but they also differ radically in the extent to which they look, or are forced to look, to Euro pean and international influences in deciding whether to grant enforceable rights to prisoners. The case law of the two countries plays a part in this difference. While the European Convention on Human Rights is incorporated into Dutch law, and must therefore be taken into account by domes tic courts and authorities when considering whether rights have been infringed, this is not the position in the United Kingdom. There, courts may try to rule on the law so as to be compatible with the Convention, but cannot change the law to achieve this. Public authorities may, but are quite likely not to, consider the possible ramifications of a breach of the Convention when reaching decisions or drafting policies affecting human rights.
Private Law and the Post-Totalitarian Family: Keeping Promises and Giving Help
Authors: Jakubowska lwona 
Published: November 2023

Abstract
Our subject is the situation of the family, or to be more exact, the family in post-totalitarian countries. Posing the problem in this way suggests that we have assumed in advance that this has a specific nature in such countries. This assumption seems well-founded, as sociological studies for many years have shown that Poles value the family most highly, followed by a close circle of friends. A great variety of studies produced such findings, and furthermore similar findings were obtained just before August 1980, which gives rise to difficulty with interpretation in view of the subsequent political developments. Why do family matters seem so very important in the con text of totalitarianism? The answer is rather simple, I believe.
Fat Boys
Authors: Hobbs Dick 
Published: November 2023

Abstract
The Fat Boys’ car lot boasts no lavatory that conforms to twentieth-century sensibilities. Consequently, Fat Laurie has learnt to delay his early-morning bowel movement till pub opening-time, and at 11 a.m. precisely, six days a week, he crosses the main road to enjoy a shit and a Scotch in the tranquil environs of the Dog. It is in this alcoholic dawn, where pine disinfectant battles with stale tobacco smoke and the phantoms of last night’s beer, before the gaming-machine is illuminated, that Fat Laurie gives me his philosophy of life. We had been silently drinking coffee in his office when he had exclaimed ‘Going for a shit. Coming?’ I ain’t a villain, never have been. The motors is straight. I do deals with anybody gonna put money in me pocket, but everybody does that. I look at it this way: it’s Friday afternoon. All week I ain’t sold a fucking bean. I got the VAT and the tax on me back for money I haven’t got. I got a little sort I’m supposed to see later on and the wife’s in me ear. In my pocket I got nothing. I’m lending sandwich money off that old cunt who washes the motors. Then in comes some punter, not a mug, ordinary geezer like yourself, maybe out for a bit of a bargain. But when you come in I make up my mind that whatever money is in your pocket I have to have it ‘cos I am desperate.
Youth Opportunities: The People’s Game
Authors: Hobbs Dick 
Published: November 2023

Abstract
By the time we came out of the heaving club he had been unconscious for two or three minutes. Steam rose gently from the young man’s torso as he lay motionless on the cold night pavement, and although it was impossible to ascer tain precisely what had happened, the fact that he had kicked Taff was all we needed to know. Taff and Viv had merely done their job, which in this case meant battering the young man and propelling him down the steps of what had once been a cinema, to rest bloodlessly amongst the fast-food packets, cigarette ends, and puddles of indeterminate liquids that constitute the detritus of just another Saturday night.
Criminal Life
Authors: Hobbs Dick 
Published: November 2023

Abstract
Criminal life is, thus, a succession of deals. The average wiseguy has, typic ally, four or five deals in the air at any one time. They are partnerships, in varying combinations, that he has put together with his own immediate contacts, with the members of other criminal rings, and from time to time, with a recruit from the straight world-a truck driver, perhaps, who is willing to look the other way when his load gets hijacked. It is a matter of individual enterprise, and the share out at the end of it-payday-is the measure of how successful any particular deal has been.
The Corporate Governance Discussion In Some European States
Authors: Wymeersch Eddy 
Published: November 2023

Abstract
The purpose of the present report is to give an overview of the discussion on corporate governance as it seems to be developing in some of the Continental European states. Under the heading of ‘corporate governance’ the issue is still relatively new. Most jurisdictions do not have an equivalent term to ‘corporate governance’, and therefore use the English expression, it not being certain whether the content thereby is meant to be the same. Therefore, this overview should be read with a few reservations in mind.
Highlights Of The Proposals Of The Committee On Financial Aspects Of Corporate Governance
Authors: Cadbury Sir Adrian 
Published: November 2023

Abstract
The Committee on the Financial Aspects of Corporate Governance was set up in May 1991 by the Financial Reporting Council, the London Stock Exchange, and the accountancy profession. Its sponsors were concerned about the perceived low level of confidence in financial reporting and in the value of audits. The underlying factors were seen as the absence of a clear framework for ensuring that directors kept under review the controls in their business, together with the looseness of accounting standards and the competitive pressures on companies and on auditors which made it difficult for auditors to stand up to demanding boards..
Some Comments on the Challenges of Commercial Reorganization in Insolvency: Why Chapter 11?
Authors: Broude* Richard F 
Published: November 2023

Abstract
Jobs. The environment. The rights of retirees to their pensions and medical benefits in the face of economic repositioning of the ‘rust belt’ industries. Toxic torts. Cleaning up the LBO mess. These, and more, are what chapter 11 is all about. These, and more, are why the calls for elimination of the ability to reorganize distressed companies are so wrongheaded.
The Responsibility of Directors and Shareholders for a Company’s Debts under New Zealand Law
Authors: Farrar John H 
Published: November 2023

Abstract
During a recession companies often delay in paying or decline to pay their debts. Traditionally, New Zealand courts have been reluctant to pierce the corporate veil in favour of creditors, in striking contrast to US courts. However, since 1929 English law has allowed statutory piercing of the veil in the case of fraudulent trading. New Zealand followed suit with section 268 of the Companies Act 1933, and in 1980 extended the scope of the legislation.
Environmental Liability: A Continuing Concern for Lenders
Authors: Jeffery Michael I 
Published: November 2023

Abstract
Although environmental liability has long been a concern to those directly responsible for or associated with polluting activities under a plethora of environmental statutes and common law causes of action, such as nuisance, negligence, and trespass, financial institutions until recently paid little attention to factors unrelated to the fiscal well-being or creditworthiness of their borrowers. Financial risk was minimized by lenders insisting that adequate security was available to satisfy indebtedness in the event that the borrower failed to repay the loan in accordance with its terms.
Equality and Discrimination
Authors: Hepple Bob 
Published: November 2023

Abstract
All Member States of the EC have enacted legislation against sex discrimination, including the right to equal pay for women and men. This has largely been due to the impact of Article 119 of the EC Treaty which provides that ‘Each Member State shall ... ensure ... the application of the principle that men and women should receive equal pay for equal work.’ This directly applicable provision has been supplemented by five Council directives on pay, employment and vocational training, aspects of statutory and occupational social security, and self-employment.
The Particularity of Serious Fraud
Authors: Sullivan G R 
Published: November 2023

Abstract
THE dominant theme of the papers and seminar discussion was the extent to which we should treat serious or complex fraud as a discrete phenomenon within the criminal law requiring provisions of procedural and substantive law peculiar to itself. Or should we, as asserted by a prominent practitioner with much experience of fraud investigations, refuse to countenance any measure in respect of fraudsters which we would not be equally prepared to use against, say, murderers or rapists. Taking the latter view, we would revert to more restrained and limited conceptions of procedural and substantive law, uprooting much statutory and judge-made law in the process. By contrast, a stress on a more effective response to fraud would argue for retention of present fraud-related provisions and even further developments in that vein.
Freedom of Speech in an Era of Mass Communication
Authors: Barendt Eric 
Published: November 2023

Abstract
English free speech law seems at last to have abandoned the narrow, insular perspective, which received its classic expression in Dicey’s treatment of civil liberties. It is no longer tenable to view freedom of speech as merely a residual liberty, recognised only in the gaps left by the law of blasphemy, libel, contempt of court and so on. The landmark ruling of the House of Lords in the Derbyshire case recognises that the freedom is a matter of legal principle, to which the courts will (and must) give appropriate weight. In that case it was held that to allow public authorities to sue in libel is ‘contrary to the public interest because to admit such actions would place an undesirable fetter on freedom of speech.’ In effect a common law principle of freedom of speech was applied to disentitle a local authority from bringing an action which a (relatively) recent High Court decision, some Commonwealth rulings, and the basic rules of libel law would all have permitted. Most interestingly, the House of Lords, unlike the Court of Appeal, considered that the result could be reached by the common law, without recourse to the European Convention of Human Rights (ECHR). Indeed, Lord Keith was of the view, as had been Lord Goff in the second Spyjatcher case, that there is no real difference between the common law of free speech and Article 10 of the Convention.
Freedom of Speech and Racial Equality
Authors: Mccrudden Christopher 
Published: November 2023

Abstract
There are several recent political and intellectual developments which have made a reassessment of the legal relationship between equality and freedom of speech a newly important topic in Britain in particular and Europe generally. The aim of this paper is modest: to map the contours of some of the emerging debate, and to suggest that it challenges the way in which we might think about the theory of freedom of speech more generally. I shall concentrate in particular on the controversial issue of legislation which seeks to control speech and publications which are perceived to be racist.
Operational Bargaining Norms: Contracting Beyond Utopia
Authors: Bigwood Rick 
Published: November 2023

Abstract
Macneil’ s words, of course, bear force in view of what we know about our place in a world where resources5 are moderately scarce in comparison to the number of people required to compete for a share of them. In such a world, no individual can completely avoid interaction with others; no one is inherently self-sufficient.
Contract and Justice: From Involuntariness to Exploitation
Authors: Bigwood Rick 
Published: November 2023

Abstract
We may accept that, under certain conditions, the structural and operational imperatives of bargaining informally monitor and mediate, to a minimal but acceptable level, the parties’ conduct during the bargaining process. Although no social process is entirely self-governing or self-sufficient in creating its own norms, the functionalist model of bargaining3 demonstrates that any understanding of operational bargaining norms logically begins with the process itself. Such norms must satisfy the special features and suppositions of bargaining.
Toward a Purely Processual Conception of Legal Contractual Exploitation
Authors: Bigwood Rick 
Published: November 2023

Abstract
As we have seen in the preceding chapter, interpersonal exploitation consists in one person’ s taking unfair advantage of another person for gain. The objection to the practice is thus rooted in notions of fairness, and it is inevitable that there will be as many conceptions of exploitation as conceptions of fairness.