CASENOTES - Fitzkriston LLP v Panayi - Best Rents, Parol leases and Law of Property Act 1925 Section 54(2)

Casenote considers nature of ruling in Fitzkriston v Panayi and its implications for the interpretation of S.54(2) Law of Property Act 1925

Overlapping of legal concepts:classifying the law of trusts

The purpose of this piece is to explain how the trust concept fits the overlapping analysis, presenting an example of why discrete categorisation is often unhelpful in understanding the operation of legal concepts.

Certainty of subject matter in the law of trusts

This piece argued that the accepted orthodoxy concerning the requirement that each individual piece of property is individually segregated for a valid trust to exist is unsupported by the case law, and that there is nothing wrong in principle or theory with a trust that exists for unsegregated property.

The 'law of requisite variety' may assist climate change negotiations:a review of the Kyoto and Durban meetings

Ashby wrote about cybernetics, during which discourse he described a Law that attempts to resolve difficulties arising in complex situations – he suggested using variety to combat complexity. In this paper, we note that the delegates to the UN Framework Convention on Climate Change (UNFCCC) meeting in Kyoto, 1997, were offered a ‘simplifying solution’ to cope with the complexity of discussing multiple pollutants allegedly contributing to ‘climate change’. We assert that the adoption of CO2eq has resulted in imprecise thinking regarding the ‘carbon footprint’ – that is, ‘CO2’ – to the exclusion of other pollutants. We propose, as Ashby might have done, that the CO2eq and other factors within the ‘climate change’ negotiations be disaggregated to allow careful and specific individual solutions to be agreed on each factor. We propose a new permanent and transparent ‘action group’ be in charge of agenda setting and to manage the messy annual meetings. This body would be responsible for achieving accords at these annual meetings, rather than forcing this task on national hosts. We acknowledge the task is daunting and we recommend moving on from Ashby's Law to Beer's Viable Systems approach.

Martingálmértékek és a várható diszkontált jelenérték szabály (Martingale measures and the law of the discounted present value)

A dolgozatban a legegyszerűbb kérdést feszegetjük: Hogyan kell az árakat meghatározni véletlen jövőbeli kifizetések esetén. A tárgyalás némiképpen absztrakt, de a funkcionálanalízis néhány közismert tételén kívül semmilyen más mélyebb matematikai területre nem kell hivatkozni. A dolgozat kérdése, hogy miként indokolható a várható jelenérték szabálya, vagyis hogy minden jövőbeli kifizetés jelen időpontban érvényes ára a jövőbeli kifizetés diszkontált várható értéke. A dologban az egyetlen csavar az, hogy a várható értékhez tartozó valószínűségi mértékről nem tudunk semmit. Csak annyit tudunk, hogy létezik a matematikai pénzügyek legtöbbet hivatkozott fogalma, a misztikus Q mérték. A dolgozat megírásának legfontosabb indoka az volt, hogy megpróbáltam kiiktatni a megengedett portfólió fogalmát a származtatott termékek árazásának elméletéből. Miként közismert, a származtatott termékek árazásának elmélete a fedezés fogalmára épül. (...) ____ In the article the author discusses some problems of the existence of the martingale measure. In continuous time models one should restrict the set of self financing portfolios and introduce the concept of the admissible portfolios. But to define the admissible portfolios one should either define them under the martingale measure or to turn the set of admissible portfolios to a cone which makes the interpretation of the pricing formula difficult.

State legislative term limits and the law of unintended consequences: An examination of member behavior, power structures, and legislative organization in Florida

The implementation of term limits on state legislators has provided a wealth of data for study. Florida, the second largest state in the Union with term limits, has not been comprehensively studied. This research examines the effects of term limits on electoral competition, member composition, legislator career paths, legislative leadership, and intra- and inter-governmental influences on Florida's legislature. This study looks at the Florida legislature from 1992 when term limits were enacted through 2004, three electoral cycles in which term limits have been in effect. This study uses both quantitative and qualitative data where appropriate. Electoral data is used to assess electoral and demographic effects, as well as member career trajectories. Interview data with current and former legislators, lobbyists, and executive branch officials is used to analyze both changes in legislative organization and intra- and inter-governmental influences on the legislative process. Term limits has only created greater competition when a legislative seat opens and has actually created a greater advantage for incumbents. Women and minorities have only made minimal gains in winning seats post-term limits. Newly elected legislators are not political novices with a vast majority having previous elective experience. Leadership is more centralized under term limits and the Senate has gained an advantage over the more inexperienced House. Lastly, the influence of staff, lobbyists, and most importantly, the governor has greatly increased under term limits. This research finds that term limits have not produced the consequences that proponents had envisioned.^

A Restorative Theory of Criminal Justice

In this project, I defend a restorative theory of criminal justice. I argue that the response to criminal wrongdoing in a just society should take the form of an attempt to heal the damage done to the community resulting from crime. I argue that the moral responsibilities of wrongdoers as wrongdoers ought to provide the framework for how a just society should respond to crime. Following the work of R.A. Duff, I argue that wrongdoers incur second-order duties of moral recognition. Wrongdoers owe it to others to recognize their wrongdoing for what it is, i.e. wrongdoing, and to shoulder certain burdens in order to express their repentant recognition to others via a meaningful apology. In short, wrongdoers owe it to their victims and others in the community to make amends. What I will deny, however, is the now familiar claim in the restorative justice literature that restoring the normative relationships in the community damaged by criminal forms of wrongdoing requires retributive punishment. In my view, how we choose to express the judgement that wrongdoers are blameworthy should flow from an all things considered judgment that is neither reducible to the judgement that the wrongdoer is culpably responsible for wronging others, nor the judgement that the wrongdoer in some basic sense “deserves to suffer” (or “deserves punishment,” etc.).

Commentary on Copinger's Law of Copyright (1870)

A landmark treatise on the law of copyright, establishing a body of work that still has great relevance for professionals and academics today.
The commentary situates the publication of the treatise in the context of the emerging trends in legal publishing in the mid- to late nineteenth century. It considers Copinger's theoretical approach to the subject of copyright, and explores the significance of the writings and work of two American jurists George Ticknor Curtis and Justice Joseph Story in shaping Copinger's attitude and approach to the copyright regime.

Sports coaching and the law of negligence: implications for coaching practice

The ordinary principles of the law of negligence are applicable in the context of sport, including claims brought against volunteer and professional coaches. Adopting the perspective of the coach, this article intends to raise awareness of the emerging intersection between the law of negligence and sports coaching, by utilising an interdisciplinary analysis designed to better safeguard and reassure coaches mindful of legal liability. Detailed scrutiny of two cases concerning alleged negligent coaching, with complementary discussion of some of the ethical dilemmas facing modern coaches, reinforces the legal duty and obligation of all coaches to adopt objectively reasonable and justifiable coaching practices when interacting with athletes. Problematically, since research suggests that some coaching practice may be underpinned by “entrenched legitimacy” and “uncritical inertia”, it is argued that coach education and training should place a greater emphasis on developing a coach’s awareness and understanding of the evolving legal context in which they discharge the duty of care incumbent upon them.

Materials and cases on the law of the employment relation /

Includes bibliographical references.

Young people with learning disabilities who sexually harm others: the role of criminal justice within a multi-agency response

This paper outlines the key findings from a recent study of statutory service responses to young people with learning disabilities who show sexually inappropriate or abusive behaviours, with a particular focus on the involvement of criminal justice agencies. The study found that although inappropriate sexual behaviours were commonplace in special schools, and that serious acts of abuse including rape had sometimes occurred, education, welfare and criminal justice agencies struggled to work together effectively. In particular, staff often had difficulty in determining the point at which a sexually inappropriate behaviour warranted intervention. This problem was frequently compounded by a lack of appropriate therapeutic services. In many cases this meant that no intervention was made until the young person committed a sexual offence and the victim reported this to the police. As a consequence, young people with learning disabilities are being registered as sex offenders. The paper concludes by addressing some of the policy and practice implications of the study’s findings, particularly those which relate to criminal justice.

HW implementation of an execution manager for reconfigurable systems

Reconfigurable HW can be used to build a hardware multitasking system where tasks can be assigned to the reconfigurable HW at run-time according to the requirements of the running applications. Normally the execution in this kind of systems is controlled by an embedded processor. In these systems tasks are frequently represented as subtask graphs, where a subtask is the basic scheduling unit that can be assigned to a reconfigurable HW. In order to control the execution of these tasks, the processor must manage at run-time complex data structures, like graphs or linked list, which may generate significant execution-time penalties. In addition, HW/SW communications are frequently a system bottleneck. Hence, it is very interesting to find a way to reduce the run-time SW computations and the HW/SW communications. To this end we have developed a HW execution manager that controls the execution of subtask graphs over a set of reconfigurable units. This manager receives as input a subtask graph coupled to a subtask schedule, and guarantees its proper execution. In addition it includes support to reduce the execution-time overhead due to reconfigurations. With this HW support the execution of task graphs can be managed efficiently generating only very small run-time penalties.