Dazed and Confused: Accidental Mixtures of Goods and the Theory of Acquisition of Title

This paper explores the law of accidental mixtures of goods. It traces the development of the English rules on mixture from the seminal nineteenth century case of Spence v Union Marine Insurance Co to the present day, and compares their responses to those given by the Roman law, which always has been claimed as an influence on our jurisprudence in this area. It is argued that the different answers given by English and Roman law to essentially the same problems of title result from the differing bases of these legal systems. Roman a priori theory is contrasted with the more practical reasoning of the common law, and while both sets of rules are judged to be coherent on their own terms, it is suggested that the difference between them is reflective of a more general philosophical disagreement about the proper functioning of a legal system, and the relative importance of theoretical and pragmatic considerations.

Contracts for the Sale of Land: Understanding the Impecuniosity Defence

Where either the seller or buyer of landed property fails to complete a contract to sell land the non-breaching party has a right to seek specific performance of the contract. This remedy would compel the party in default to perform the contract on pain of being held in contempt of court if the court's order is not obeyed. The defaulting party would not be able to satisfy its obligations under the law by paying a sum of money as damages for breach of contract. This paper considers the impecuniosity defence to specific performance as recognised by courts in Northern Ireland, the Republic of Ireland, Australia and New Zealand. Where the buyer demonstrates that he or she simply cannot raise the funds to buy the property specific performance will not be decreed and the court will make an award of damages for breach of contract measured by the difference between the contract price and the market price of the property at the time of default. The paper considers the nature and parameters of this defence and how it differs (if at all) from the alternative defence of extreme hardship. The paper addresses the question of whether it might be better to move to a position where sellers of land in all cases no longer enjoy a presumption of specific performance but have to demonstrate that the alternative remedy of damages is clearly inadequate. If this should be so the paper goes on to consider whether abolition of the presumption in favour of specific performance for sellers should lead to abolition of the presumption of specific performance for buyers, as is the position in Canada following the Supreme Court's decision in Semelhago v Paramadevan [1996] 2 SCR 415.

Punishment, blame and stigma after conflict: the experience of politically motivated former prisoners in Northern Ireland

This paper examines the relationship between the politics of blame in post-conflict Northern Ireland and the treatment of politically motivated former prisoners. Using the examples of direct and indirect discrimination in the areas of employment and access to mental health services, the paper considers how the discursive operation of blaming produces evasions and attributions of guilt. It argues that such blaming practices have very real material consequences for the allocation or withholding of goods and burdens in the community. The paper notes also that the ‘cause of victims’ is often appropriated by the press and other political actors for their own purposes, frequently to block the provision of public goods to one particular group of ex-combatants: ex-politically motivated prisoners. It concludes by posing a series of questions about blaming, justice and the moral authority of the victim in a transitional justice context. The claim of the paper is simply to offer some starting points for understanding the relationship between processes of blame, stigma and social exclusion.

Capitalism, the state and health care in the age of austerity:A Marxist analysis

The capacity to provide satisfactory nursing care is being increasingly compromised by current trajectories of healthcare funding and governance. The purpose of this paper is to examine how well Marxist theories of the state and its relationship with capital can explain these trajectories in this period of ever-increasing austerity. Following a brief history of the current crisis, it examines empirically the effects of the crisis, and of the current trajectory of capitalism in general, upon the funding and organization of the UK and US healthcare systems. The deleterious effect of growing income inequalities to the health of the population are also addressed. Marx’s writings on the state and its relation to the capitalist class were fragmentary, and historically and geographically specific. From them, we can extract three theoretical variants: the instrumentalist theory of the state, where the state has no autonomy from capital; the abdication theory, whereby capital abstains from direct political power and relies on the state to serve its interests; and the class-balance theory of the state, whereby the struggle between two opposed classes allows the state to assert itself. Discussion of modern Marxist interpretations include Poulantzas’s structuralist abdication theory and Miliband’s instrumentalist theory. It is concluded that, despite the pluralism of electoral democracies, the bourgeoisie do have an overweening influence upon the state. The bourgeoisie’s ownership of the means of production provides the foundation for its influence because the state is obliged to rely on it to manage the supply of goods and services and the creation of wealth. That power is further reinforced by the infiltration of the bourgeoisie into the organs of state. The level of influence has accelerated rapidly over recent decades. One of the consequences of this has been that healthcare systems have become rich pickings for the evermore confident bourgeoisie.

Wellness as virtue:Morality and the pursuit of health

The interest and participation in health promotion and wellness activities has expanded greatly in the past two decades. The "wellness revolution", especially in terms of diet and exercise, has been affected by both scientific findings and cultural changes. The paper examines how a particular aspect of culture, the moral meanings of health-promoting activities, contribute to the pursuit of wellness. Based on interviews with 54 self-identified wellness participants at a major university, we examine how health can be a moral discourse and the body a site for moral action. The paper suggests that wellness seekers engage in a profoundly moral discourse around health promotion, constructing a moral world of goods, bads and shoulds. Although there are some gender differences in particular wellness goals, engaging in wellness activities, independent of results, becomes seen as a good in itself. Thus, even apart from any health outcomes, the pursuit of virtue and a moral lifeis fundamentally an aspect of the pursuit of wellness. © 1994 Kluwer Academic Publishers.

Possession Taken by Theft and the Original Acquisition of Personal Property Rights

This paper queries the soundness of the view that wrongful possession (eg a thief’s possession of goods he has stolen) should be protected by the standard actions for interference with goods. It uses close historical analysis of the development of the relevant concepts through the cases to argue that this is not a proposition that is compelled on the authorities, nor one demanded as a matter of principle. It then abstracts to consider the implications of this argument at a theoretical level, exposing great need for development in the common law’s basic principles of possessory protection. It argues innovatively that the objects of the law might be better served by the creation of a more limited form of possessory protection, achieved through the possessor’s acquisition of a personal right, and correlatively that the values that underpin and justify our basic rules of possessory protection entail a more nuanced response to matters of property acquisition.

Coexistence of GMOs in the EU – A Veritable Choice?

This chapter examines the issue of coexistence of genetically modified organisms (GMOs) alongside conventional and organic crops. The central focus is on whether there is a veritable opportunity for coexistence of all three types of crops, which allows for freedom of choice by both farmers and consumers. It commences by considering the nature of the general GM regime, the relationship between the frameworks for cultivation and the use and sale of GM food and feed, and the main elements of the cultivation regime. In light of this, the concept of coexistence is considered, with an evaluation of both the legal and practical elements. Although the general GM regime is controlled at an EU level, coexistence is apparently left to the Member States who may take appropriate coexistence measures. Nonetheless, the Commission has created Recommendations that are to guide the Member States in their choice of measures. To a great extent, what is considered ‘appropriate’ is to be determined by the economic impact upon the farmers and the relationship with the labelling thresholds. The chapter evaluates the future of coexistence, bearing in mind the continued use of the safeguard clauses, the declaration of ‘GM-free’ regions, the potential for national ‘opt-outs’ and the general practical challenges of maintaining coexistence including the ‘domino effect’. Overall, it is arguable that coexistence is a misnomer and that if the term’s meaning is strictly maintained then veritable coexistence that allows for freedom of choice by both farmers and consumers seems unattainable. Although not directly controlled by CAP, there are strong areas of overlap and they share a number of similar objectives; the chapter will conclude by considering whether the approaches in relation to CAP and the cultivation of GMOs are converging or diverging.

Spatial and temporal variability of the freshwater reservoir effect (FRE) in lacustrine sediments in a cold climate zone, Northwest Territories (Canada)

Climate variability along the 600 km Tibbitt to Contwyoto Winter Road (TCWR) in central Northwest Territories is poorly understood. With the transportation of goods from Yellowknife to the mines projected to increase significantly as new mines open, it is critical that planners and mine developers have reasonable data on the future viability of the road, as alternative transportation costs (e.g. air transport) are prohibitively high.

The research presented here is part of a paleoclimate study based on the analysis of multiple proxy data derived from freeze cores in lakes along the TCWR.

Commodification of retirement and the emergence of rural gated communities: The associated challenges for rural planning

Abstract:
This paper combines demographic ageing and retirement lifestyles with rural in-migration processes and suggests the emergence of a specific rural form of gated community; namely, park homes. All year round or permanent (as opposed to seasonal) residential mobile homes (resembling detached bungalows in design and appearance) are commonly referred to as 'park homes'. With a growing proportion of the UK population aged 65 and over, combined with increasing longevity, meeting the residential preferences and lifestyle aspirations of an ageing population is potentially 'big business' for the private sector. Park home living, with their resident age restrictions (normally 50 years and over), is increasingly marketed as a retirement option in rural and coastal locations of the UK. However, many areas are often remote with declining populations and limited community services. Operators have sought to tap into retiree aspirations for a 'place in the country' and 'sell' the concept of park home living as a specific form of housing, community and lifestyle. Park homes are frequently marketed as a means to release equity from the sale of a large family home to fund a retirement lifestyle and as friendly communities of like-minded people, always willing to lend support or provide assistance if required. The physical and social composition of such sites represent a form of rural gated community. This paper seeks to identify the rural planning issues which emerge from such developments and asks: who are moving to park home sites and why? do park homes provide those who otherwise could not afford a 'place in the country' the option of rural living? does park home living live-up to residents' expectations of the rural idyll or retirement lifestyle? do they give rise to issues of gentrification and geriatrification of the countryside? what are the prospects for residents to 'age in place'? might ageing residents become financially trapped in such developments giving rise to park ghettoization? what are the associated challenges for rural policy-makers and public service providers?

‘Making Older People Equal: Reforming the Law on Access to Education and Other Services’

Age-based discrimination in the supply of goods and services (including educational services) has only very recently been outlawed in the United Kingdom by the Equality Act 2010, the relevant sections of which have not yet been brought into force. This paper critically considers the Act and its implications, as well as the current proposal for an EU Directive on Goods and Services.The greatest immediate potential of the Equality Act lies in the general prohibition against age discrimination and the scope of the exceptions to it. The paper argues that exceptions permitting service providers to discriminate against older people (i.e. negative exceptions) should be very specifically set out in the reforming legislation.There should be no general defence to a claim of age discrimination based around the concept of ‘reasonableness’, which would not be consistently interpreted by courts and tribunals in a way that steers clear of traditional ageist assumptions and stereotyping.The paper argues that service providers should be permitted to discriminate in favour of older people (i.e. make positive exceptions) if the reason for doing do so satisfi es legislative criteria which are designed, amongst other things, to meet the particular needs of older persons or to promote social inclusion. Under this proposal, preferential treatment such as age-related concessionary fees for adult education courses and programmes would be lawful.

Managing i-branding to create brand equity

Purpose: Given the emergent nature of i-branding as an academic field of study and a lack of applied research output, the aim of this paper is to explain how businesses manage i-branding to create brand equity.

Design/methodology/approach: Within a case-study approach, seven cases were developed from an initial sample of 20 food businesses. Additionally, utilising secondary data, the analysis of findings introduces relevant case examples from other industrial sectors.

Findings: Specific internet tools and their application are discussed within opportunities to create brand equity for products classified by experience, credence and search characteristics. An understanding of target customers will be critical in underpinning the selection and deployment of relevant i-branding tools. Tools facilitating interactivity – machine and personal – are particularly significant.

Research limitations/implications: Future research positioned within classification of goods constructs could provide further contributions that recognise potential moderating effects of product/service characteristics on the development of brand equity online. Future studies could also employ the i-branding conceptual framework to test its validity and develop it further as a means of explaining how i-branding can be managed to create brand equity.

Originality/value: While previous research has focused on specific aspects of i-branding, this paper utilises a conceptual framework to explain how diverse i-branding tools combine to create brand equity. The literature review integrates fragmented literature around a conceptual framework to produce a more coherent understanding of extant thinking. The location of this study within a classification of goods context proved critical to explaining how i-branding can be managed.

Hydrogen-Poor Superluminous Supernovae and Long-Duration Gamma-Ray Bursts Have Similar Host Galaxies

We present optical spectroscopy and optical/near-IR photometry of 31 host galaxies of hydrogen-poor superluminous supernovae (SLSNe), including 15 events from the Pan-STARRS1 Medium Deep Survey. Our sample spans the redshift range 0.1 ≲ z ≲ 1.6, and is the first comprehensive host galaxy study of this specific subclass of cosmic explosions. Combining the multi-band photometry and emission-line measurements, we determine the luminosities, stellar masses, star formation rates, and metallicities. We find that, as a whole, the hosts of SLSNe are a low-luminosity (〈M_B 〉 ≈ -17.3 mag), low stellar mass (〈M〉 ≈ 2 × 10⁸ M_⊙) population, with a high median specific star formation rate (〈sSFR〉 ≈ 2 Gyr^-1). The median metallicity of our spectroscopic sample is low, 12 + log (O/H) ≈ 8.35 ≈ 0.45 Z_⊙, although at least one host galaxy has solar metallicity. The host galaxies of H-poor SLSNe are statistically distinct from the hosts of GOODS core-collapse SNe (which cover a similar redshift range), but resemble the host galaxies of long-duration gamma-ray bursts (LGRBs) in terms of stellar mass, SFR, sSFR, and metallicity. This result indicates that the environmental causes leading to massive stars forming either SLSNe or LGRBs are similar, and in particular that SLSNe are more effectively formed in low metallicity environments. We speculate that the key ingredient is large core angular momentum, leading to a rapidly spinning magnetar in SLSNe and an accreting black hole in LGRBs.

Occupy Differently: Space, Community and Urban Counter-Conduct

This article demonstrates how the concept of counter-conducts helps us understand Occupy by directing attention to the correlation between the way advanced liberalism works to control urban spaces and the way that control is countered through Occupy’s tactics. The first section outlines the term counter-conducts by looking to Foucault’s short and undeveloped theorisation. The second examines how advanced liberalism conducts conduct through the use of urban space, concentrating on London which comes to form a space of and for the mobility and circulation of goods, people and ideas. Occupy’s tactics directly confront and counter such movement while engaging in its own forms of counter-circulation and (im)mobility. The third section examines how advanced liberal techniques have increasingly come to use a particular, heavily instrumentalised understanding of community in order to divide and control urban populations. Occupy’s tactics embody versions of community which confront and oppose such instrumentalisation, ultimately both engaging with that control and partially reproducing it. Through these counter-conducts we can come to a view of Occupy as inevitably succeeding in its failure as a movement and failing in its success, while opening to an (im)possible
futurity of occupying urban space differently.

A high-value, low-cost bubble continuous positive airway pressure system for low-resource settings:technical assessment and initial case reports

Acute respiratory infections are the leading cause of global child mortality. In the developing world, nasal oxygen therapy is often the only treatment option for babies who are suffering from respiratory distress. Without the added pressure of bubble Continuous Positive Airway Pressure (bCPAP) which helps maintain alveoli open, babies struggle to breathe and can suffer serious complications, and frequently death. A stand-alone bCPAP device can cost $6,000, too expensive for most developing world hospitals. Here, we describe the design and technical evaluation of a new, rugged bCPAP system that can be made in small volume for a cost-of-goods of approximately $350. Moreover, because of its simple design--consumer-grade pumps, medical tubing, and regulators--it requires only the simple replacement of a <$1 diaphragm approximately every 2 years for maintenance. The low-cost bCPAP device delivers pressure and flow equivalent to those of a reference bCPAP system used in the developed world. We describe the initial clinical cases of a child with bronchiolitis and a neonate with respiratory distress who were treated successfully with the new bCPAP device.