Co-owners and severance - determining beneficial entitlement after Stack

The article seeks to examine the effect of a severance of a joint beneficial title following the House of Lords' ruling in Stack v Dowden [2007] 2 AC 432. If, under Stack, the parties' beneficial interests fall to be treated as identical to their legal interests (in effect, giving rise to a joint tenancy both at law and in equity), how does the mechanism of severance of a joint beneficial tenancy actually operate so as to give rise to separate and unequal shares where the parties' common intention has changed by virtue of post-acquisition events? The question is examined by reference to an ambulatory and new constructive trust, as well as where the parties have entered into an express declaration of trust of their beneficial interests.

Joint purchasers and the presumption of joint beneficial ownership:a matter of informed choice?

This paper examines the ruling of Jones v Kernott and shows the results of an empirical survey of conveyancing solicitors and their practices where so affected by the ruling. In particular the paper considers how conveyancing practitioners deal with the issue of organising trusts of land and giving advice to clients in relation to the co-purchase of land.

Is more capability always beneficial for firm performance? Market orientation, core business process capabilities, and business environment

This study examines the role of capabilities in core marketing-related business processes–product development management (PDM), supply chain management (SCM) and customer relationship management (CRM)–in translating a firm’s market orientation (MO) into firm performance. The study is the first to examine the interplay of all three business process capabilities simultaneously, while investigating how environmental conditions moderate their performance effects. A moderated mediation analysis of 468 product-focused firms finds that PDM and CRM process capabilities play important mediating roles, whereas SCM process capability does not mediate the relationship between MO and performance. However, the relative importance of the capabilities as mediators varies along the degree of environmental turbulence, and under certain conditions, an increase in the level of business process capability may even turn detrimental.

Children’s access to beneficial information in Arab states: Implementation of Article 17 of the Convention on the Rights of the Child in Egypt, Morocco and the United Arab Emirates

In theory, the multiple platforms and transnational nature of digital media, along with a related proliferation of diverse forms of content, make it easier for children’s right to access socially and culturally beneficial information and material to be realised, as required by Article 17 of the UN Convention on the Rights of the Child (CRC). Drawing on data collected during research on children’s screen content in the Arab world, combined with scrutiny of documents collated by the Committee on the Rights of the Child, which monitors compliance with the CRC, this paper explores how three Arab countries, Egypt, Morocco and the United Arab Emirates, presented their efforts to implement Article 17 as part of their periodic reporting on their overall performance in putting the CRC into effect. It uncovers tensions over the relationship between provision, participation and protection in relation to media, reveals that Article 17 is liable to get less attention than it deserves in contexts where governments keep a tight grip on media, and that, by appearing to give it a lower priority, all parties neglect the intersection between human rights in relation to media and children’s rights.

Un mercado beneficial: la mercantilización de beneficios eclesiásticos en Castilla y Portugal

Thanks to some classical and recent studies, we know the main features of the huge structure that served as financial support to the secular clergy in the Ancien Régime, the system of benefices. However, almost nothing has been said yet about the process that made possible the conformation around these benefices of a market of transnational nature, controlled by the Holy See, to which outflowed a great amount of capital from the Iberian Peninsula. So these pages are intended to sketch a research line, that of the commodification of ecclesiastical benefices, virtually unattended so far. It will be examined the instruments of this market, its practices and the comparative evolution of the phenomenon in cathedrals of Castile and Portugal.

Epigallocatechin Gallate: A Review of Its Beneficial Properties to Prevent Metabolic Syndrome

This article belongs to the Special Issue Diet and Metabolic Dysfunction

Team characteristics beneficial for Open Innovation projects

This study discusses the importance of creating Open Innovation (OI) teams for optimizing costs of Research and Development (R&D), dividing risks and maximizing profits. The purpose of this study is to determine team characteristics beneficial for successful OI project, with the emphasis on the fact that such teams are formed of professionals belonging to different organizations, both private and state-owned, with different educational and professional backgrounds and personal qualities. This purpose is supported by three sub-objectives: to observe the phenomenon of OI and its implementation in emerging economies, particularly in Russia; to specify professional and personal competencies of OI team members essential for the successful collaboration; and to identify the role of the leader in OI teams. The theoretical part of this study consists of knowledge from academic literature related to OI, cross-functional and innovation teams and leadership in innovation. The practical part of the study is presented in the form of multiple case study, and the empirical research is based on six semistructured interviews collected in October 2014 from the CEOs, Innovation Managers and Technical Directors of innovation companies participating actively in OI projects. The findings of the study demonstrate that many of the necessary competencies are equal for innovation or cross-functional teams and OI teams, such as professionalism and communication skills. However, due to the specific nature of OI, additional personal characteristics were recognized as beneficial for OI teams, such as flexibility, empathy and success-orientation. The role of the leader is also considered as a critical success factor for OI teams, with the emphasis on flexibility and autonomy. The findings of the study contribute to understanding the connection between notions of team member, team climate and team leader, and its influence on OI project success. Thus, the main purpose of the study is providing support for existing knowledge on OI teams and developing new insights into this newly emerged topic.

Natural antioxidant vitamins: A review of their beneficial roles in management of diabetes mellitus and its complications

Diabetes mellitus is a complex and progressive metabolic disease which is associated with multiple complications. Chronic hyperglycaemia is the defining characteristic of diabetes mellitus. Hyperglycaemia leads to generation of free radicals and induces oxidative stress, which has become the chief factor that leads to diabetic complications. This review supports the use of antioxidant vitamins as therapeutic agents in the management of diabetes mellitus and its complications, and also provides an insight into the potential pharmacological effects of natural antioxidant vitamins in diabetic conditions. These antioxidant vitamins can be used as safe supplements to manage the occurrence and complications of the disease. Selected studies have reported on the beneficial effects of antioxidant vitamins in experimental models. The involvement of oxidative stress in diabetes and its complications has made the use of natural antioxidant vitamins (free radical scavengers) from plants inevitable as they may be very effective and safer in the management of diabetes.

BENEFICIAL REUSE OF LOCALLY-AVAILABLE WASTE MATERIALS AS LIGHTWEIGHT AGGREGATE IN LIGHTWEIGHT CONCRETE

This study investigated the physical characteristics of lightweight concrete produced using waste materials as coarse aggregate. The study was inspired by the author’s Peace Corps service in Kilwa, Tanzania. Coconut shell, sisal fiber, and PET plastic were chosen as the test waste products due to their abundance in the area. Two mixes were produced for each waste product and the mix proportions designed for resulting compressive strengths of 3000 and 5000 psi. The proportions were selected based on guidelines for lightweight concrete from the American Concrete Institute. In preparation for mixing, coconut shells were crushed into aggregate no larger than 3/4 inch, sisal fiber was cut into pieces no longer than 3/8 inch, and PET plastic was shredded into 1/4 inch-wide strips no longer than 6 inches. Replicate samples were mixed and then cured for 28 days before they were tested for compressive strength, unit weight, and absorption. The resulting data were compared to ASTM Standards for lightweight concrete masonry units to determine their adequacy. Based on these results, there is potential for coconut shell to be used as coarse aggregate in lightweight concrete. Sisal fiber was unsuccessful in producing the appropriate compressive strength. However, the reduction in spalling of the hardened concrete and the induction of air in the mixes incorporating sisal fiber suggests that it has the potential to improve other characteristics of lightweight concrete. Concrete mixes using PET plastic as aggregate resulted in adequate compressive strengths, but were too dense to be considered ‘lightweight’ concrete. With some adjustments to slightly decrease absorption and unit weight, the PET plastic concrete mixes could be classified as medium weight concrete and, therefore, achieve many of the same benefits as would be seen with lightweight concrete.

SCOOT CBN

SCOOT is a hybrid event combining the web, mobile devices, public displays and cultural artifacts across multiple public parks and museums in an effort to increase the perceived and actual access to cultural participation by everyday people. The research field is locative game design and the context was the re-invigoration of public sites as a means for exposing the underlying histories of sites and events. The key question was how to use game play technologies and processes within everyday places in ways that best promote playful and culturally meaningful experiences whilst shifting the loci of control away from commercial and governmental powers. The research methodology was primarily practice led underpinned by ethnographic and action research methods. In 2004 SCOOT established itself as a national leader in the field by demonstrating innovative methods for stimulating rich interactions across diverse urban places using technically-augmented game play. Despite creating a sophisticated range of software and communication tools SCOOT most dramatically highlighted the role of the ubiquitous mobile phone in facilitating socially beneficial experiences. Through working closely with the SCOOT team, collaborating organisations developed important new knowledge around the potential of new technologies and processes for motivating, sustaining and reinvigorating public engagement. Since 2004, SCOOT has been awarded $600,00 in competitive and community funding as well as countless in kind support from partner organisations such as Arts Victoria, National Gallery of Victoria, Melbourne Museum, Australian Centre for the Moving Image, Federation Square, Art Centre of Victoria, The State Library of Victoria, Brisbane River Festival, State Library of Queensland, Brisbane Maritime Museum, Queensland University of Technology, and Victoria University.

Teacher-child relationship quality for young children with parent reported language concerns

Previous research has demonstrated the importance of the qualities of the teacher-child relationship on children’s development. Close teacher-child relationships are especially important for children at risk. Positive relationships have been shown to have beneficial effects on children’s social and academic development (Birch & Ladd, 1997; Pianta & Stuhlman, 2004). Children with language difficulties are likely to face increased risks with regard to long term social and academic outcomes. The purpose of the current research was to gain greater understanding of the qualities of teacher-child relationships for young children with parent reported language concerns. The research analyses completed for this thesis involved the use of data from the public-access database of Growing Up in Australia: The Longitudinal Study of Australian Children (LSAC). LSAC is a longitudinal study involving a nationally representative sample of 10,000 Australian children. Data are being collected biennially from 2004 (Wave 1 data collection) until 2010 (Wave 4 data collection). LSAC has a cross-sequential research design involving two cohorts, an infant cohort (0-1 year at age of recruitment) and a kindergarten cohort (4-5 years at age of recruitment). Two studies are reported in this thesis using data for the LSAC Kindergarten Cohort which had 4983 child participants at recruitment. Study 1 used Wave 1 data to identify the differences between teacher-child relationship qualities for children with parent reported language concerns and their peers. Children identified by parents for whom concerns were held about their receptive and expressive language, as measured by items from the Parents’ Evaluation of Developmental Status (PEDS) (Glascoe, 2000) were the target (at risk) group in the study (n = 210). A matched case control group of peers (n = 210), matched on the child characteristics of sex, age, cultural and linguistic differences (CALD), and socio-economic positioning (SEP), were the comparison group for this analysis. Teacher-child relationship quality was measured by teacher reports on the Closeness and Conflict scales from the short version of the Student-Teacher Relationship Scale (STRS) (Pianta, 2001). There were statistically significant differences in the levels of closeness and conflict between the two groups. The target group had relationships with their teachers that had lower levels of closeness and higher levels of conflict than the control group. Study 2 reports analyses that examined the stability of the qualities of the teacher-child relationships at Wave 1 (4-5 years) and the qualities of the teacher-child relationships at Wave 2 (6-7 years). This time frame crosses the period of the children’s transition to school. The study examined whether early patterns in the qualities of the teacher-child relationship for children with parent reported language concerns at Wave 1 predicted the qualities of the teacher-child relationship outcomes in the early years of formal school. The sample for this study consisted of the group of children identified with PEDS language concerns at Wave 1 who also had teacher report data at Wave 2 (n = 145). Teacher-child relationship quality at Wave 1 and Wave 2 was again measured by the STRS scales of Closeness and Conflict. Results from multiple regression models indicated that teacher-child relationship quality at Wave 1 significantly contributed to the prediction of the quality of the teacher-child relationship at Wave 2, beyond other predictor variables included in the regression models. Specifically, Wave 1 STRS Closeness scores were the most significant predictor for STRS Closeness scores at Wave 2, while Wave 1 STRS Conflict scores were the only significant predictor for Wave 2 STRS Conflict outcomes. These results indicate that the qualities of the teacher-child relationship experienced prior to school by children with parent reported language concerns remained stable across transitions into formal schooling at which time the child had a different teacher. The results of these studies provide valuable insight into the nature of teacher-child relationship quality for young children with parent reported language concerns. These children experienced teacher-child relationships of a lower quality when compared with peers and, additionally, the qualities of these relationships prior to formal schooling were predictive of the qualities of the relationships in the early years of formal schooling. This raises concerns, given the increased risks of poorer social and academic outcomes already faced by children with language difficulties, that these early teacher-child relationships have an impact on future teacher-child relationships. Results of these studies are discussed with these considerations in mind and also discussed in terms of the implications for educational theory, policy and practice.

Investigating erythemal UV exposure and vitamin D production in the urban canyon

Exposure to ultraviolet radiation (UV) results in both damaging and beneficial health outcomes. Excessive UV exposure has been linked to many skin and eye problems, but moderate exposure induces vitamin D production. It has been reported that humans receive 90-95% of their vitamin D from production that starts after UV exposure. Although it is possible to acquire vitamin D through dietary supplementation, the average person receives very little in this manner. Therefore, since most people acquire their vitamin D from synthesis after exposure to UV from sunlight, it is very important to understand the different environments in which people encounter UV. This project measured UV radiation and in-vitro vitamin D production in the urban canyon and at a nearby suburban location. The urban canyon is an environment consisting of tall buildings and tropospheric air pollution, which have an attenuating effect on UV. Typically, UV measurements are collected in areas outside the urban canyon, meaning that at times studies and public recommendations do not accurately represent the amount of UV reaching street-level in highly urbanized areas. Understanding of UV exposure in urban canyons becomes increasingly important as the number of people working and living in large cities steadily increases worldwide. This study was conducted in the central business district (CBD) of Brisbane, Australia, which models the urban canyons of large cities around the world in that it boasts a great number of tall buildings, including many skyscrapers, meaning that most areas only see a small amount of direct sunlight each day. During the winter of 2007 measurements of UV radiation and in-vitro vitamin D production were collected in the CBD and at a suburban site approximately 2.5km outside the CBD. Air pollution data was obtained from a central CBD measurement site. Data analysis showed that urban canyon measurements of both UV radiation and in-vitro vitamin D production were significantly lower than those collected at the suburban site. These results will aid both future researchers and policy makers in better understanding human UV exposure in Brisbane’s CBD and other urban canyons around the world.

Entrepreneurial bricolage : towards systematic empirical testing

The behavioral theory of “entrepreneurial bricolage” attempts to understand what entrepreneurs do when faced with resource constraints. Most research about bricolage, defined as “making do by applying combinations of the resources at hand to new problems and opportunities” (Baker & Nelson 2005: 333), has been qualitative and inductive (Garud & Karnoe, 2003). Although this has created a small body of rich descriptions and interesting insights, little deductive theory has been developed and the relationship between bricolage and firm performance has not been systematically tested. In particular, prior research has suggested bricolage can have both beneficial and harmful effects. Ciborra’s (1996) study of Olivetti suggested that bricolage helped Olivetti to adapt, but simultaneously constrained firm effectiveness. Baker & Nelson (2005) suggested that bricolage may be harmful at very high levels, but more helpful if used judiciously. Other research suggests that firm innovativeness may play an important role in shaping the outcomes of bricolage (Anderson 2008). In this paper, we theorize and provide preliminary test of the bricolage-performance relationship and how it is affected by firm innovativeness.