Case Comment : Challenging the validity of leasehold guarantees:undue influence, non-est factum and formality issues

Case: Beardsley Theobalds Retirement Benefit Scheme Trustees v Yardley [2011] EWHC 1380 (QB) (QBD). The recent case of Beardsley Theobalds Retirement Benefit Scheme Trustees v Yardley, nicely illustrates, inter alia, the impact of the contractual defences of undue influence and the plea of non est factum in the context of avoiding liability under leasehold guarantees, within the setting of the landlord and tenant relationship. Additionally, the case also gives us an insight into the possible application of other technical defences relating to the law of formalities for leases. Judgment in this case was handed down on September 30, 2011.

The influence of neighbourhood formality status and socio-economic position on self-rated health among adult men and women: a multilevel, cross sectional, population study from Aleppo, Syria

Background There is substantial evidence from high income countries that neighbourhoods have an influence on health independent of individual characteristics. However, neighbourhood characteristics are rarely taken into account in the analysis of urban health studies from developing countries. Informal urban neighbourhoods are home to about half of the population in Aleppo, the second largest city in Syria (population>2.5 million). This study aimed to examine the influence of neighbourhood socioeconomic status (SES) and formality status on self-rated health (SRH) of adult men and women residing in formal and informal urban neighbourhoods in Aleppo. Methods The study used data from 2038 survey respondents to the Aleppo Household Survey, 2004 (age 18–65 years, 54.8% women, response rate 86%). Respondents were nested in 45 neighbourhoods. Five individual-level SES measures, namely education, employment, car ownership, item ownership and household density, were aggregated to the level of neighbourhood. Multilevel regression models were used to investigate associations. Results We did not find evidence of important SRH variation between neighbourhoods. Neighbourhood average of household item ownership was associated with a greater likelihood of reporting excellent SRH in women; odds ratio (OR) for an increase of one item on average was 2.3 (95% CI 1.3-4.4 (versus poor SRH)) and 1.7 (95% CI 1.1-2.5 (versus normal SRH)), adjusted for individual characteristics and neighbourhood formality. After controlling for individual and neighbourhood SES measures, women living in informal neighbourhoods were less likely to report poor SRH than women living in formal neighbourhoods (OR= 0.4; 95% CI (0.2- 0.8) (versus poor SRH) and OR=0.5; 95%; CI (0.3-0.9) (versus normal SRH). Conclusions Findings support evidence from high income countries that certain characteristic of neighbourhoods affect men and women in different ways. Further research from similar urban settings in developing countries is needed to understand the mechanisms by which informal neighbourhoods influence women’s health.

GIS from a cultural heritage perspective: when past and future collide

Dissertação apresentada como requisito parcial para obtenção do grau de Mestre em Ciência e Sistemas de Informação Geográfica

Of housing and politics : mapping political opportunities for mobilising in Bangalore, India

Quelles sont les conditions pour l'émergence d'une mobilisation sociale en faveur du logement convenable dans la métropole de Bangalore (Inde)? Cette question, qui est au coeur de cette thèse, est particulièrement pertinente dans le contexte d'une ville où 1,7 million de personnes, soit un cinquième de la population, vit dans des bidonvilles. L'absence d'un mouvement mettant en cause l'échec des politiques publiques du logement est intéressante dans la mesure où l'Inde a hérité un système de gouvernance colonial et d'une tradition de mouvements sociaux. Pour répondre à ce questionnement, un cadre théorique issu de la littérature sur les mouvements sociaux est développé. Il s'articule autour des liens entre les opportunités politiques au niveau macro et les répertoires d'action des organisations de mouvement social (OMS) au niveau méso, de la tension entre la formalité de la loi et des politiques publiques et l'informalité des circuits d'échange, de la corruption et du clientélisme, et enfin, se focalise sur les systèmes de discours de caste et de la citoyenneté et de leur concrétisation dans des systèmes d'organisations et de réseaux sociaux. Ce cadre théorique permet d'étudier empiriquement la question à travers quatre OMS dans la ville de Bangalore. Les résultats mettent en avant l'existence de mécanismes complexes. Les opportunités politiques formelles n'étant ouvertes que sur le plan rhétorique, elles ne peuvent être véritablement utilisées que par des moyens légaux ou contentieux, ce qui nécessite des compétences sociales dont la plupart des habitants des bidonvilles sont dépourvus. L'inadéquation entre les ressources à disposition pour les logements sociaux et les besoins très importants des pauvres, donne un poids politique considérable aux acteurs en charge de l'attribution de ces ressources rares. Cet état de fait a des répercussions sur la politique électorale. Les habitants des bidonvilles représentant un poids électoral important, ils sont mobilisés à travers de pratiques clientélistes. La corruption et le clientélisme se nourrissent mutuellement pour maintenir une certaine dépendance des habitants. Les OMS qui développent un répertoire discursif remettant en cause le système de caste et qui encouragent une conscience citoyenne, se sont avérées les plus durables pour résister à la cooptation des forces politiques. Cette recherche empirique met en lumière l'inadéquation entre les prescriptions formelles dans le domaine de la gouvernance des besoins humains, tels que le logement, et les pratiques réelles sur le terrain. Cette recherche appelle à réfléchir au-delà de la diffusion du discours sur la « bonne gouvernance » vers des formes de « gouvernance vernaculaire » qui prendrait au sérieux l'informalité en développant une compréhension des avantages à court terme pour les personnes marginalisées dans la ville et les effets à long terme sur la pratique démocratique. - What are the conditions for the emergence of a social movement on the issue of adequate housing in the metropolitan city of Bangalore (India)? This question is at the heart of this dissertation and is particularly pertinent against the background that an estimated 1.7 million or about 20% of the city's population lives in slums. The absence of a movement addressing the failure of public housing policy despite India having inherited colonial systems of governance and traditions of movement is noteworthy. Answers are sought within a theoretical framework stemming from social movement theories that incorporates three linkages articulating around: Macro-level political opportunities and meso-level action repertoires of social movement organisations (SMOs), tensions between the formality of law, policy and the informality of exchange circuits of corruption and clientelism and finally around systems of discourses of caste and citizenship and their instantiation in concrete systems of social organisations and networks. This thesis is empirically investigated through a qualitative case study research design involving four sampled social movement organisations. The results bring complex mechanisms to the fore. Formal political opportunities are only rhetorically open and have to be cracked through legal weaponry or contentious escalation, which requires considerable social skills that slum-dwellers often lack. The inadequacy between the few housing resources and the vast number of slum-dwellers transform housing benefits and urban service provisions into political currency. Such a state of affairs has serious repercussions on conditions for mobilisation. They become imbricated with electoral logic, in which slum-dwellers represent large vote-banks and where corruption and clientelism feed each other to maintain a certain dependency of the poor. SMOs deploying a discursive repertoire that questioned the caste system and encouraged a pursuit of citizenship proved to be the most sustainable to resist co-option from political forces. This empirical investigation brings to light the mismatch between the formal prescriptions in the domain of the governance of basic human needs such as housing and the real practices on the ground. This research calls to reflect beyond the inadequacy of the diffused « good governance » discourse towards forms of « vernacular governance » that take informality seriously in understanding the short-term benefits for the marginalised in the city and the long-term effects on democratic practice.

Monoidal functors, acyclic models and chain operads

We prove that for a topological operad $P$ the operad of oriented cubical singular chains, $C^{\ord}_\ast(P)$, and the operad of simplicial singular chains, $S_\ast(P)$, are weakly equivalent. As a consequence, $C^{\ord}_\ast(P\nsemi\mathbb{Q})$ is formal if and only if $S_\ast(P\nsemi\mathbb{Q})$ is formal, thus linking together some formality results which are spread out in the literature. The proof is based on an acyclic models theorem for monoidal functors. We give different variants of the acyclic models theorem and apply the contravariant case to study the cohomology theories for simplicial sets defined by $R$-simplicial differential graded algebras.

$E_{1}$-Formality of complex algebraic varieties

Let $X$ be a smooth complex algebraic variety. Morgan showed that the rational homotopy type of $X$ is a formal consequence of the differential graded algebra defined by the first term $E_{1}(X,W)$ of its weight spectral sequence. In the present work, we generalize this result to arbitrary nilpotent complex algebraic varieties (possibly singular and/or non-compact) and to algebraic morphisms between them. In particular, our results generalize the formality theorem of Deligne, Griffiths, Morgan and Sullivan for morphisms of compact Kähler varieties, filling a gap in Morgan"s theory concerning functoriality over the rationals. As an application, we study the Hopf invariant of certain algebraic morphisms using intersection theory.

Project Charter, Scope, and Time Management In the Movie Industry

This thesis explores how the project charter development, project scope management, and project time management are executed in a Finnish movie production. The deviations and analogies between a case movie production and best practices suggested in PMBOK are presented. Empirical material from the case is gathered with two semi-structured interviews with a producer and a line producer. The interview data is categorized according to PMBOK knowledge areas. The analysis is complemented with movie industry specific norms found in popular movie production guides. The described and observed methods are linked together and the relationship between them is discussed. The project charter development, which is referred as a green light process in the movie industry, is mostly analogous between all areas. The deviations are in the level of formality. The green lighting in the case movie was accomplished without bureaucratic reports described in movie production guides. The empirical material shows that project management conventions and movie industry employ similar methods especially in scope management. Project management practices introduce a work breakdown structure (WBS) method, and movie production accomplishes the same task by developing a shooting script. Time management of the case movie deviates on most parts from the methods suggested in PMBOK. The major deviation is resource management. PMBOK suggests creating a resource breakdown structure. The case movie production accomplished this through budgeting process. Furthermore the popular movie production guides also disregard resource management as sovereign process. However the activity listing is quite analogous between the case movie and PMBOK. The final key observation is that although there is a broad set of effective and detailed movie industry specific methods, a comprehensive methodology that would cover the whole production process, such as Prince2 or Scrum, seems to be missing from the movie industry.

Project charter, scope, and time management in the movie industry

This thesis explores how the project charter development, project scope management, and project time management are executed in a Finnish movie production. The deviations and analogies between a case movie production and best practices suggested in PMBOK are presented. Empirical material from the case is gathered with two semi-structured interviews with a producer and a line producer. The interview data is categorized according to PMBOK knowledge areas. The analysis is complemented with movie industry specific norms found in popular movie production guides. The described and observed methods are linked together and the relationship between them is discussed. The project charter development, which is referred as a green light process in the movie industry, is mostly analogous between all areas. The deviations are in the level of formality. The green lighting in the case movie was accomplished without bureaucratic reports described in movie production guides. The empirical material shows that project management conventions and movie industry employ similar methods especially in scope management. Project management practices introduce a work breakdown structure (WBS) method, and movie production accomplishes the same task by developing a shooting script. Time management of the case movie deviates on most parts from the methods suggested in PMBOK. The major deviation is resource management. PMBOK suggests creating a resource breakdown structure. The case movie production accomplished this through budgeting process. Furthermore the popular movie production guides also disregard resource management as sovereign process. However the activity listing is quite analogous between the case movie and PMBOK. The final key observation is that although there is a broad set of effective and detailed movie industry specific methods, a comprehensive methodology that would cover the whole production process, such as Prince2 or Scrum, seems to be missing from the movie industry.

Researching and designing GREAT; the extremely condensed hybrid urban block

The fact that the hybrid building is an extremely condensed urban block which increases the city’s density and contributes to the public realm of the city – horizontally as well vertically - forms one of the key interests of this documentation, research and master studio work. The “ground scraper” is not only public because of the character of its plinth facing surrounding streets, but also in regard to its interior space that is partly accessible to public. As such the European hybrid building potentially extends the city’s public domain horizontally and vertically into the building’s interior and links the public domain inside and outside. Notwithstanding, the hybrid building due to its specific and unconventional character represents a truly urban architecture that was unfortunately often rejected in the name of ‘purity’ of form and function during the twentieth century. Or with other words, its rejection demonstrates the domination of the building’s plan opposed to the section. Today, new frameworks for the city, like the “compact city,” ask for innovative interpretations and designs of building types, worthy to be investigated and proposed. The architectural type of the hybrid building, (re)defines and expresses the relation between architecture and the city in a specific manner. To begin with, the city of Rotterdam forms the first test-case of the Hybrid’s project to document and discuss statements, such as “the hybrid building has a long- standing tradition within this ‘modern city”, “it is a machine for urbanity,” “it enlarges the city,” “it innovates because of its ambitiousness but also because of necessity,” “it combines to activate,” “it asks for extraordinary design intelligence and craftsmanship.” A special way of drawing is developed to document, analyse and compare historical and contemporary representatives of the species. The method includes panoply of scales ranging from the morphological arrangement on the scale of the city, the typologies of stacking diverse programs to the architectural features that establish the mutual relationship between the public space of the city and the interior of the building. Basically the features analysed within the series of drawings are also constitutional for (the success of) every future hybrid building.

Who benefits from reducing the cost of formality? Quantile regression discontinuity analysis

This paper studies the effects of increasing formality via tax reduction and simplification schemes on micro-firm performance. It uses the 1997 Brazilian SIMPLES program. We develop a simple theoretical model to show that SIMPLES has an impact only on a segment of the micro-firm population, for which the effect of formality on firm performance can be identified, and that can be analyzed along the single dimensional quantiles of the conditional firm revenues. To estimate the effect of formality, we use an econometric approach that compares eligible and non-eligible firms, born before and after SIMPLES in a local interval about the introduction of SIMPLES. We use an estimator that combines both quantile regression and the regression discontinuity identification strategy. The empirical results corroborate the positive effect of formality on microfirms' performance and produce a clear characterization of who benefits from these programs.

The Jua Kali and the Mali-Mali: the informal/formal nexus amongst Kenyan micro enterprises

This paper presents a preliminary exploration of the informal/formal economy nexus and entrepreneurial processes amongst a sample of Kenyan roadside vendors who mostly operate in the informal economy. Using semi-structured interviews, data was collected from sixty street vendors across Kenya. In particular the paper focuses on the relationship between the informal and formal economy and the factors that promote formality amongst micro and small enterprises in developing countries. The paper presents a conceptualization of a potential segmentation of the informal economy, considering the implications of this in terms of base of the pyramid initiatives and the promotion of development through enterprise.

Revising the Program Portfolio: Elevating Academic Program Performance and Strategic Alignment

At many institutions, program review is an underproductive exercise. Review of existing programs is often a check-the-box formality, with inconsistent criteria and little connection to institutional priorities or funding considerations. Decisions about where to concentrate resources across the portfolio can be highly politicized. This report profiles how academic planning exemplars use program review as a strategic tool, integrating data on academic quality, student demand, and resource utilization to improve the economics of challenged programs and prioritize programs for investment and expansion.

Do virtual platforms impact user behavior? An experimental comparison between messages on the company's website and Facebook page.

Companies have looked for many new ways to communicate with their customers. In the current scenario, Facebook has proven to be an efficient communication tool between consumers and businesses. This study aims to understand the differences in the complaint messages sent to companies, through an experiment that measured the emotional tone and the lack of formality in each message received by the website and the Facebook page of the company. As expected, people are more informal on Facebook. However, contrary to our intuition, participants tended to display more emotions on the company website. The social norms theory and the impression management contributed to explain the phenomena found.