Understanding unconscionability in proprietary estoppel

In a series of recent cases, courts have reasserted unconscionability as the basis of proprietary estoppel and in doing so have moved away from the structured form of discretion envisaged in the classic Taylors Fashions formula. In light of these developments, this paper traces the use of unconscionability in estoppel and examines the changing role attributed to the concept. In a parallel development, in exercising their remedial discretion once a claim to estoppel has been established, the courts have emphasised the foundation of estoppel in unconscionability to assert the need for proportionality between the detriment and remedy as ‘the most essential requirement’. Collectively, the cases demonstrate a lack of transparency or consistency, which raises concerns that the courts are descending into a form of individualised discretion. These developments are of particular concern as they come at a time when commentators are predicting a ‘boom’ in estoppel to follow the introduction of electronic conveyancing.

The heliospheric magnetic field

The heliospheric magnetic field (HMF) is the extension of the coronal magnetic field carried out into the solar system by the solar wind. It is the means by which the Sun interacts with planetary magnetospheres and channels charged particles propagating through the heliosphere. As the HMF remains rooted at the solar photosphere as the Sun rotates, the large-scale HMF traces out an Archimedean spiral. This pattern is distorted by the interaction of fast and slow solar wind streams, as well as the interplanetary manifestations of transient solar eruptions called coronal mass ejections. On the smaller scale, the HMF exhibits an array of waves, discontinuities, and turbulence, which give hints to the solar wind formation process. This review aims to summarise observations and theory of the small- and large-scale structure of the HMF. Solar-cycle and cycle-to-cycle evolution of the HMF is discussed in terms of recent spacecraft observations and pre-spaceage proxies for the HMF in geomagnetic and galactic cosmic ray records.

Solar cycle evolution of dipolar and pseudostreamer belts and their relation to the slow solar wind

Dipolar streamers are coronal structures formed by open solar flux converging from coronal holes of opposite polarity. Thus the dipolar streamer belt traces the coronal foot print of the heliospheric current sheet (HCS), and it is strongly associated with the origin of slow solar wind. Pseudostreamers, on the other hand, separate converging regions of open solar flux from coronal holes of the same polarity and do not contain current sheets. They have recently received a great deal of interest as a possible additional source of slow solar wind. Here we add to that growing body of work by using the potential-field source-surface model to determine the occurrence and location of dipolar and pseudostreamers over the last three solar cycles. In addition to providing new information about pseudostreamer morphology, the results help explain why the observations taken during the first Ulysses perihelion pass in 1995 showed noncoincidence between dipolar streamer belt and the locus of slowest flow. We find that Carrington rotation averages of the heliographic latitudes of dipolar and pseudostreamer belts are systematically shifted away from the equator, alternately in opposite directions, with a weak solar cycle periodicity, thus keeping slow wind from the web of combined streamer belts approximately symmetric about the equator. The largest separation of dipolar and pseudostreamer belts occurred close to the Ulysses pass, allowing a unique opportunity to see that slow wind from pseudostreamer belts north of the southward-displaced dipolar belt was responsible for the noncoincident pattern.

Impegno nero: Italian intellectuals and the African-American struggle

In the aftermath of the Second World War, Italian intellectuals participated in Italy’s reconstruction with an ideological commitment inspired by the African-American struggle for equal rights in the United States. Drawing on the work of many of the leading figures in postwar Italian culture, including Italo Calvino, Giorgio Caproni, Cesare Pavese, and Elio Vittorini, this essay argues that Italian intellectual impegno—defined as the effort to remake Italian culture and to guide Italian social reform—was united with a significant investment in the African-American cause. The author terms this tendency impegno nero and traces its development in the critical reception of African-American writers including W.E.B. DuBois, Langston Hughes, and Richard Wright. Postwar impegno nero is then contrasted with the treatment of African-American themes under Fascism, when commentators had likewise condemned American racism, but had paradoxically linked their laments for the plight of African Americans with defenses of the racial policies of the Fascist regime. Indeed, Fascist colonialism and anti-Semitism were both justified through references to what Fascist intellectuals believed to be America’s greater injustices. After 1945, in contrast, Italian intellectuals advocated an international, interdependent campaign for justice, symbolizing national reforms by projecting them onto an emblematic America. In this way, impegno nero revived and revised the celebrated "myth of America" that had developed in Italy between the world wars. Advancing a new, postwar myth, Italian intellectuals adopted the African-American struggle in order to reinforce their own efforts in the ongoing struggle for justice in Italy.

North Sea archaeologies

North Sea Archaeologies traces the way people engaged with the North Sea from the end of the last ice age, around 10,000 BC, to the close of the Middle Ages, about AD 1500, drawing upon archaeological research from many countries, including the UK, Netherlands, Germany, Denmark, Sweden, Norway, Belgium, and France. It addresses topics which include the first interactions of people with the emerging North Sea, the origin and development of fishing, the creation of coastal landscapes, the importance of islands and archipelagos, the development of seafaring ships and their use by early seafarers and pirates, and the treatment of boats and ships at the end of their useful lives. The study offers a ‘maritime turn’ in Archaeology through the investigation of aspects of human behaviour that have been, to various extents, disregarded, overlooked, or ignored in archaeological studies of the land. The study concludes that the relationship between humans and the sea challenges the frequently invoked dichotomy between pre-modernity and modernity, since many ancient beliefs, superstitions, and practices linked to seafaring and engagement with the sea are still widespread in the modern era.

North Sea archaeologies: a maritime biography, 10,000 BC - AD 1500

North Sea Archaeologies traces the way people engaged with the North Sea from the end of the last ice age, around 10,000 BC, to the close of the Middle Ages, about AD 1500, drawing upon archaeological research from many countries, including the UK, Netherlands, Germany, Denmark, Sweden, Norway, Belgium, and France. It addresses topics which include the first interactions of people with the emerging North Sea, the origin and development of fishing, the creation of coastal landscapes, the importance of islands and archipelagos, the development of seafaring ships and their use by early seafarers and pirates, and the treatment of boats and ships at the end of their useful lives. The study offers a ‘maritime turn’ in Archaeology through the investigation of aspects of human behaviour that have been, to various extents, disregarded, overlooked, or ignored in archaeological studies of the land. The study concludes that the relationship between humans and the sea challenges the frequently invoked dichotomy between pre-modernity and modernity, since many ancient beliefs, superstitions, and practices linked to seafaring and engagement with the sea are still widespread in the modern era.

Reinterpreting ‘generic structure’: evolution, application and limitations of a concept

This paper traces the evolution of thegeneric structure concept in system dynamics and discusses the different practical uses to which they have been put. A review of previous work leads to the identification of three different views of what a ‘generic structure’ is and, hence, what transferability means. These different views are distinguishable in application as well as in theory. Examination of these interpretations shows that the assumptions behind them are quite distinct. From this analysis it is argued that it is no longer useful to treat ‘generic structure’ as a single concept since the unity it implies is only superficial. The conclusion is that the concept needs unbundling so that different assumptions about transferability of structure can be made explicit, and the role of generic structures as generalisable theories of dynamic behaviour in system dynamics theory and practice can be debated and clarified more effectively.

With a little help from our friends: how system dynamics and soft OR can learn from each other

At its inception, the paradigm of system dynamics was deliberately made distinct from that of OR. Yet developments in soft OR now have much in common with current system dynamics modeling practice. This article briefly traces the parallel development of system dynamics and soft OR, and argues that a dialogue between the two would be mutually rewarding. to support this claim, examples of soft OR tools are described along with some of the field’s philosophical grounding and current issues. Potential benefits resulting from a dialogue are explored, with particular emphasis on the methodological framework of system dynamics and the need for a complementarist approach. The article closes with some suggestions on how to begin learning from.

Reinterpreting 'generic structure': evolution, application and limitations of a concept

This paper traces the evolution of the generic structure concept in system dynamics and discusses the different practical uses to which they have been put. A review of previous work leads to the identification of three different views of what a generic structure is and, hence, what transferability means. These different views are distinguishable in application as well as in theory. Examination of these interpretations shows that the assumptions behind them are quite distinct. From this analysis it is argued that it is no longer useful to treat generic structure as a single concept since the unity it implies is only superficial. The conclusion is that the concept needs unbundling so that different assumptions about transferability of structure can be made explicit, and the role of generic structures as generalisable theories of dynamic behaviour in system dynamics theory and practice can be debated and clarified more effectively.

Fetishizing the Holocaust: comedy and transatlantic connections in Howard Jacobson's 'Kalooki Nights'

The British Jewish novelist Howard Jacobson has, from the start of his career, found himself saddled with the unenviable label of 'the English Philip Roth'. For many years, Jacobson bristled at the Roth comparisons, offering the alternative label 'the Jewish Jane Austen' and insisting that he had not read Roth at all, though more recently he has put on record his admiration for Roth's comic masterpiece, Sabbath's Theater.If Jacobson's early work was certainly imbued with a Rothian Jewish humour, its cultural reference points were almost invariably English. In contrast, Kalooki Nights is saturated with allusions to American culture, in particular Jewish American culture. This article traces some of the ways in which Kalooki Nights explores and exploits these transatlantic connections in a comic novel that both participates in and satirizes what will be called here the fetishization of the Holocaust. It is concluded that Kalooki Nights is Jacobson's audacious attempt to produce a piece of Holocaust literature that exploits the tension between the desire of some Jews of his generation to know all the 'gory details', and the necessity of recognizing that their own historical situation prevents them from ever doing so. The result is to make people laugh not at the events of the Holocaust itself but at the attempt to fetishize them.

Stencil dies: new tools for an old trade

Traces the invention and development of stencil dies in the USA in the middle decades of the nineteenth century, focussing on the work of M. J. Metcalf, A. J. Fullam, and S. M. Spencer.

Recovering lost lives: researching women in legal history

Drawing on the research I undertook into the life of Gwyneth Bebb, who in 1913 challenged the Law Society of England and Wales for their refusal to admit women to the solicitors’ profession, this article focuses on the range of sources one might use to explore the lives of women in law, about whom there might be a few public records but little else, and on the ways in which sources, even official ones, might be imaginatively used. It traces the research process from the case that inspired the research (Bebb v The Law Society [1914] 1 Ch 286) through to the creation of an entry in the Oxford Dictionary of National Biography and what this means for women’s history, emphasising the importance of asking the ‘woman question’ and seeking out the broader significance of a woman’s life in the context of her times.

'The largest type in England': wood lettering for jobbing printing 1800–1830

Traces the development of new letterforms for printing in the first 30 years of the nineteenth century.

Preliminary ethnoarchaeological research on modern animal husbandry in Bestansur, Iraqi Kurdistan: integrating animal, plant and environmental data

This paper presents preliminary results from an ethnoarchaeological study of animal husbandry in the modern village of Bestansur, situated in the lower Zagros Mountains of Iraqi Kurdistan. This research explores how modern families use and manage their livestock within the local landscape and identifies traces of this use. The aim is to provide the groundwork for future archaeological investigations focusing on the nearby Neolithic site of Bestansur. This is based on the premise that modern behaviours can suggest testable patterns for past practices within the same functional and ecological domains. Semi-structured interviews conducted with villagers from several households provided large amounts of information on modern behaviours that helped direct data collection, and which also illustrate notable shifts in practices and use of the local landscape over time. Strontium isotope analysis of modern plant material demonstrates that a measurable variation exists between the alluvial floodplain and the lower foothills, while analysis of modern dung samples shows clear variation between sheep/goat and cow dung, in terms of numbers of faecal spherulites. These results are specific to the local environment of Bestansur and can be used for evaluating and contextualising archaeological evidence as well as providing modern reference material for comparative purposes.

Financialisation, the valuation of investment property and the urban built environment in the UK

The financialisation literature has been criticised for its limited empirical base and its failure adequately to link the everyday world with that of high finance. The paper addresses these shortcomings by examining the calculative practice of property valuation. The way that valuations are performed affects their results and, therefore, the operation of the property market. The paper traces the evolving influence of finance capital on the valuation of commercial property in the UK by constructing a historiography of investment valuation since 1960. Traditional approaches to valuation have been increasingly challenged by those derived from financial economics. However, the former remains the dominant method for undertaking market valuation. Its grounding in comparison – a centring and standardising process – offers an explanation for some of the changes in the urban built environment that are ascribed to financialisation. This suggests that a more detailed and historically sensitive interpretation of financialisation is required.