Proprietary estoppel: a functional analysis

This article argues in favour of a functional analysis of proprietary estoppel which focuses on the role of the doctrine in enabling claims to the informal acquisition of property rights in land. The article shows that adopting such an analysis both assists our understanding of two recent decisions of the English House of Lords and helps to resolve issues of taxonomy that arise in relation to the doctrine. A functional analysis both unites the sub-categories of proprietary estoppel into a single principle and distinguishes this principle from other types of estoppel claim. It is suggested, however, that the unification of common law and equitable estoppel remains both possible and desirable as long as ‘unification’ is understood broadly and is not confined to the recognition of a doctrine that is identical in its scope and operation in all cases. It is further shown that despite a lack of discussion of the concept in the House of Lords, unconscionability continues to play a key role in proprietary estoppel and therefore in the informal acquisition of property rights. Unconscionability may now benefit from a closer connection with the other elements of claims which should prevent abuse of the concept and allay concerns of ‘palm-tree justice’.

Reaching the underbanked and unbanked in subsistence markets at the nexus of the formal and informal economy

It is estimated that globally over 2 billion people do not have a bank account, with many more in the developed and developing worlds ‘under-banked’, meaning they have limited access to financial services. Reaching the unbanked and underbanked with appropriate financial services is widely recognised as critical for future global economic growth and prosperity. Drawing upon multidimensional understandings of poverty, and framed by literature on poverty pools, traps and cycles, this paper explores the use of financial products and services in the developing world and critically reflects on their potential role in poverty alleviation and wider sustainable development. Discussions are illustrated with reference to qualitative empirical research undertaken in East and Southern Africa, and a sense-making of the lived financial experiences of low income individuals, households and communities.

Financial services for the poor within the formal/informal nexus in sub-Saharan Africa

This paper draws upon fieldwork undertaken across Kenya, Zambia, Mozambique and South Africa to present a reflective overview of the use of financial services amongst the poorest members of society. It considers the role that access to a portfolio of financial products and services may have as a contributory factor in poverty alleviation, but also how inappropriate use of these mechanisms may exacerbate a descent into poverty. This work draws upon the notions of poverty pools and the rise of fall of low income households in and out of poverty, alongside the contributory nature of vicious cycles of economic and political poverty. Drawing on fieldwork experiences it presents a synopsis of the types of financial mechanisms commonly in use on the African continent, as well as examples of public, private and civil society partnerships that are producing services specifically tailored for those in extreme and absolute poverty.

Playful language alternation in an online discussion forum: the example of digital code plays

This paper explores the linguistic practice of digital code plays in an online discussion forum, used by the community of English-speaking Germans living in Britain. By adopting a qualitative approach of Computer-Mediated Discourse Analysis, the article examines the ways in which these bilinguals deploy linguistic and other semiotic resources on the forum to co-construct humorous code plays. These performances occur in the context of negotiating language norms and are based on conscious manipulations of both codes, English and German. They involve play with codes at three levels: play with forms, meanings, and frames. Although, at first sight, such alternations appear to be used mainly for a comic effect, there is more to this than just humour. By mixing both codes at all levels, the participants deliberately produce aberrant German ‘polluted’ with English and, in so doing, dismantle the ideology of language purity upheld by the purist movement. The deliberate character of this type of code alternation demonstrates heightened metalinguistic awareness as well as creativity and criticality. By exploring the practice of digital code plays, the current study contributes to the growing body of research on networked multilingualism as well as to practices associated with translanguaging, poly- and metrolingualism.

iPad use in fieldwork: formal and informal use to enhance pedagogical practice in a bring your own technology world

We report on use of iPads (and other IOS devices) for student fieldwork use and as electronic field notebooks and to promote active. We have used questionnaires and interviews of tutors and students to elicit their views and technology and iPad use for fieldwork. There is some reluctance for academic staff to relinquish paper notebooks for iPad use, whether in the classroom or on fieldwork, as well as use them for observational and measurement purposes. Students too are largely unaware of the potential of iPads for enhancing fieldwork. Apps can be configured for a wide variety of specific uses that make iPads useful for educational as well as social uses. Such abilities should be used to enhance existing practice as well as make new functionality. For example, for disabled students who find it difficult to use conventional note taking. iPads can be used to develop student self-directed learning and for group contributions. The technology becomes part of the students’ personal learning environments as well as at the heart of their knowledge spaces – academic and social. This blurring of boundaries is due to iPads’ usability to cultivate field use, instruction, assessment and feedback processes. iPads can become field microscopes and entries to citizen science and we see the iPad as the main ‘computing’ device for students in the near future. As part of the Bring Your Own Technology/Device (BYOD) the iPad has much to offer although, both staff and students need to be guided in the most effective use for self-directed education via development of Personal Learning Environments. A more student-oriented pedagogy is suggested to correspond to the increasing use of tablet technologies by students

Role conflict and role ambiguity in construction projects

Role conflict happens when a person faces different and incompatible expectations regarding a particular social status which they occupy. The literature on role conflict is reviewed for a better understanding of project dynamics in construction teams. The discussion focuses on issues surrounding the miscommunication of role expectations and tensions owing to differences in expectations of the same role. This ongoing doctoral study involves a qualitative research design, based on interviews with practicing professionals. Analysis will focus on the relation between formal expectations, as evidenced in contracts and other types of written communication, and informal expectations as observed from the interviews. Insights from the literature review suggest: 1. that the differences between formal and informal expectations is a major sources of role conflict in construction teams and 2. that this effect is exacerbated by the failure of team members to recognise it and take it into account.

Recent Ionospheric Observations Relating to Solar-Wind--Magnetosphere Coupling [and Discussion]

Simultaneous observations in the high-latitude ionosphere and in the near-Earth interplanetary medium have revealed the control exerted by the interplanetary magnetic field and the solar wind flow on field-perpendicular convection of plasma in both the ionosphere and the magnetosphere. Previous studies, using statistical surveys of data from both low-altitude polar-orbiting satellites and ground-based radars and magnetometers, have established that magnetic reconnection at the dayside magnetopause is the dominant driving mechanism for convection. More recently, ground-based data and global auroral images of higher temporal resolution have been obtained and used to study the response of the ionospheric flows to changes in the interplanetary medium. These observations show that ionospheric convection responds rapidly (within a few minutes) to both increases and decreases in the reconnection rate over a range of spatial scales, as well as revealing transient enhancements which are also thought to be related to magnetopause phenomena. Such results emphasize the potential of ground-based radars and other remote-sensing instruments for studies of the Earth's interaction with the interplanetary medium.

Design patterns for promoting peer interaction in discussion forums in MOOCs

Design patterns are a way of sharing evidence-based solutions to educational design problems. The design patterns presented in this paper were produced through a series of workshops, which aimed to identify Massive Open Online Course (MOOC) design principles from workshop participants’ experiences of designing, teaching and learning on these courses. MOOCs present a challenge for the existing pedagogy of online learning, particularly as it relates to promoting peer interaction and discussion. MOOC cohort sizes, participation patterns and diversity of learners mean that discussions can remain superficial, become difficult to navigate, or never develop beyond isolated posts. In addition, MOOC platforms may not provide sufficient tools to support moderation. This paper draws on four case studies of designing and teaching on a range of MOOCs presenting seven design narratives relating to the experience in these MOOCs. Evidence presented in the narratives is abstracted in the form of three design patterns created through a collaborative process using techniques similar to those used in collective autoethnography. The patterns: “Special Interest Discussions”, “Celebrity Touch” and “Look and Engage”, draw together shared lessons and present possible solutions to the problem of creating, managing and facilitating meaningful discussion in MOOCs through the careful use of staged learning activities and facilitation strategies.

Phylogeny of South American Pogonieae (Orchidaceae, Vanilloideae) based on sequences of nuclear ribosomal (ITS) and chloroplast (psaB, rbcL, rps16, and trnL-F) DNA, with emphasis on Cleistes and discussion of biogeographic implications

Tribe Pogonieae (Orchidaceae), as Currently known, comprises live genera distributed from South to North America and Eastern Asia. Phylogenetic inferences within Cleistes and among genera of tribe Pogonieae were made based oil nrDNA (ITS) and cpDNA (trnL-F, rps16, rbcL, and psaB) Sequence data and maximum parsimony. Eighteen species of Cleistes, members of all other genera of Pogonieae, and outgroups were sampled. Analyses based oil individual DNA regions provided similar topologies. All evidence indicates that Cleistes is paraphyletic. The North American C. divaricata and C bifaria are more closely related to the temperate genera Isotria and Pogonia than to their Central and South American congeners, the latter Constituting a monophyletic group characterized by the production of nectar as reward, tuberous roots, and their distribution in Central and South America. The Amazonian Duckeella is sister to the remainder of Pogonieae. Taxonomic and biogeographic implications are discussed, and morphological synapomorphies are given For clades obtained in the inferred molecular phylogeny. (C) 2008 Gesellschaft fur Biologische Systematik. Published by Elsevier GmbH. All rights reserved.