Interpreting "D.I.Y." documents:severance, release, trusts, certainty, vesting and undue influence

Comments on the Chancery Division decision in Wallbank v Price on whether a home-made ("DIY") document signed by a wife and purporting to revoke her rights as a beneficial joint tenant in the matrimonial home, which was acquired under the right-to-buy scheme, should be set aside for duress or undue influence. Details the court's analysis of the principles supporting a successful claim of undue influence, the nature of the DIY document, its meaning and its effect. Considers possible reasons for the parties' use of the document. Cases Wallbank v Price (2007) EWHC 3001 (Ch); (2008) 2 FLR 501 (Ch D (Birmingham)) : Royal Bank of Scotland Plc v Etridge (No.2) (2001) UKHL 44; (2002) 2 AC 773 (HL) : Paul v Constance (1977) 1 WLR 527 (CA (Civ Div)) Statutes Housing Act 1985

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.

Religious faith and heterosexuality:a multi-faith exploration of young adults

This paper examines the understandings and practices of 515 heterosexual religious young adults living in the UK in terms of their religious faith and sexuality. It presents qualitative and quantitative data drawn from questionnaires, interviews, and video diaries. Four themes are explored. First, participants generally understood sexuality in relation to sacred discourses. Second, regardless of gender and religious identification, the participants drew from religious (e.g. religious community) and social (i.e. friends) influences to construct their sexual values and attitudes. Third, the religious and familial spaces within which the participants inhabited were structured by heteronormative assumptions. Thus, the participants must negotiate dominant norms, particularly those pertaining to marriage and sex within it. Finally, the paper focuses on married participants, offering insights into their motivations for, and experiences of, marriage. Overall, the paper demonstrates that, like their lesbian and gay counterparts, heterosexual religious young adults also had to manage various competing and mutually-reinforcing sexual and religious norms in constructing a meaningful life.

Sex talk:discussion and meaning-making among religious young adults

Where does discussion about sex and sexuality take place for religious young adults? How well do religious young people feel they know the perspectives and debates within their religious tradition regarding sexuality? This chapter, based on a project which studied 18-25 year olds from a variety of religious traditions, will examine the context in which sexuality was discussed, giving particular attention to religious spaces, significant individuals (e.g. parents and friends) and popular media. The concluding section will also highlight some points for good practice, based on the perspectives of young people.

Religious and sexual identities:a multi-faith exploration of young adults

Presenting qualitative and quantitative findings on the lived experiences of around seven hundred young adults from Christian, Muslim, Jewish, Hindu, Buddhist, Sikh and mixed-faith backgrounds, Religious and Sexual Identities provides an illuminating and nuanced analysis of young adults' perceptions and negotiations of their religious, sexual, youth and gender identities. It demonstrates how these young adults creatively construct meanings and social connections as they navigate demanding but exciting spaces in which their multiple identities intersect. Accessible quantitative analyses are combined with rich interview and video diary narratives in this theoretically-informed exploration of religious and sexual identities in contemporary society. © Andrew Kam-Tuck Yip and Sarah-Jane Page 2013. All rights reserved.

Cognitive dissonance and the effect of acceptance of methodology, beliefs about religion, religious orientation, and dogmatism on the success of university students in a religious studies course

The problem investigated was negative effects on the ability of a university student to successfully complete a course in religious studies resulting from conflict between the methodologies and objectives of religious studies and the student's system of beliefs. Using Festinger's theory of cognitive dissonance as a theoretical framework, it was hypothesized that completing a course with a high level of success would be negatively affected by (1) failure to accept the methodologies and objectives of religious studies (methodology), (2) holding beliefs about religion that had potential conflicts with the methodologies and objectives (beliefs), (3) extrinsic religiousness, and (4) dogmatism. The causal comparative method was used. The independent variables were measured with four scales employing Likert-type items. An 8-item scale to measure acceptance of the methodologies and objectives of religious studies and a 16-item scale to measure holding of beliefs about religion having potential conflict with the methodologies were developed for this study. These scales together with a 20-item form of Rokeach's Dogmatism Scale and Feagin's 12-item Religious Orientation Scale to measure extrinsic religiousness were administered to 144 undergraduate students enrolled in randomly selected religious studies courses at Florida International University. Level of success was determined by course grade with the 27% of students receiving the highest grades classified as highly successful and the 27% receiving the lowest grades classified as not highly successful. A stepwise discriminant analysis produced a single significant function with methodology and dogmatism as the discriminants. Methodology was the principal discriminating variable. Beliefs and extrinsic religiousness failed to discriminate significantly. It was concluded that failing to accept the methodologies and objectives of religious studies and being highly dogmatic have significant negative effects on a student's success in a religious studies course. Recommendations were made for teaching to diminish these negative effects.

Xinjiang and Central Asia: Ethno-religious, political, and economic interactions

The neighboring regions of Xinjiang and Central Asia, linked historically on the famous Silk Road, later developed separately as a result of the incorporation of the former into China and the latter into the Russian Empire and Soviet Union. Thus, interaction between Xinjiang and Central Asia has been constrained by the nature of the Sino-Russian or Sino-Soviet relationship. However, the demise of the Soviet Union--which resulted in the independence of five Central Asian states--and the recent economic reforms in the People's Republic of China suggest dramatic new possibilities for interregional cooperation.^ In this thesis, an historical and comparative approach is employed to study Chinese policies in Xinjiang and Soviet policies in Central Asia, and concludes that despite several decades of separate development, the common ethnic and religious origins of the indigenous peoples and their former ties will facilitate greater interaction between the two regions. ^

Deconstructing the Religious Archive and its Secular Component and its Relationship to Violence

The thesis argues for the inclusion of the study of religion within the public school curriculum. It argues that the whole division between “religious” and “secular” spaces and institutions is itself rooted in a specific religious tradition. Using the theories of Jacques Derrida, I argue that, unless the present process of globalization is tempered with alternative models of organizing that don’t include this secular/sacred division, the very process of Western globalization acts as a moral religion. Derrida calls this process “globalatinization,” the imposition of Western defined institutions upon other cultures. The process creates a type of religious violence through act of imposing notions of “secular/public” and “sacred/private.” Drawing from Mark Juergensmeyer’s theory of religious violence, and Derrida’s and Foucault’s understanding of discursive formations, I argue that religious studies should enter this “secular/public” space in the form of educating about the world’s religions. Such education would go a long way in preventing the demonization of the “other” through promoting empathy, understanding, and respect for “other” traditions. Finally, education would provide a needed self-critique of the dividing of “secular/sacred” in contemporary Western life.

Review of Research on Spiritual and Religious Formation in Higher Education

College students have diverse ways of expressing their spirituality. The purpose of this review is to examine and critique the research used to study college students’ spiritual and religious formation. Implications for faculty, student affairs professionals, and ministers doing research on spiritual formation in higher education are discussed.

The words of God: Religious texts and the Counter -Reformation in the Spanish world

This dissertation analyzes a variety of religious texts such as catechisms, confession manuals, ecclesiastical legislation, saints' lives, and sermons to determine the definitions of orthodoxy held by the Spanish clergy and the origins of such visions. The conclusion posited by this research was that there was a definite continuity between the process of Catholic reform in Spain and the process of Catholic expansion into the New World in that the objectives and concerns of the Spanish clergy in Europe and the New World were very similar. This dissertation also analyzes sources that predated the Council of Trent and demonstrates that within the Iberian context the Council of Trent cannot be used as a starting date for the attempts at Catholic reform. In essence, this work concludes the Spanish clergy's activities were influenced by humanist concepts of models and model behaviour which is reflected in their attempt to form model Catholics in Spain and the New World and in their impulse to produce written texts as standards. ^

Influence of religious coping on the substance use and HIV risk behaviors of recent Latino immigrants

This study examines the influence of acculturative stress on substance use and HIV risk behaviors among recent Latino immigrants. The central hypothesis of the study is that specific religious coping mechanisms influence the relationship that acculturative stress has on the substance use and HIV-risk behaviors of recent Latino immigrants. Within the Latino culture religiosity is a pervasive force, guiding attitudes, behaviors, and even social interactions. When controlling for education and socioeconomic status, Latinos have been found to use religious coping mechanisms more frequently than their Non-Latino White counterparts. In addition, less acculturated Latinos use religious coping strategies more frequently than those with higher levels of acculturation. Given its prominent role in Latino culture, it appears probable that this mechanism may prove to be influential during difficult life transitions, such as those experienced during the immigration process. This study examines the moderating influence of specific religious coping mechanisms on the relationship between acculturative stress and substance use/HIV risk behaviors of recent Latino immigrants. Analyses for the present study were conducted with wave 2 data from an ongoing longitudinal study investigating associations between pre-immigration factors and health behavior trajectories of recent Latino immigrants. Structural equation and zero-inflated Poisson modeling were implemented to test the specified models and examine the nature of the relationship among the variables. Moderating effects were found for negative religious coping. Higher levels of negative religious coping strengthened an inverse relationship between acculturative stress and substance use. Results also indicated direct relationships between religious coping mechanisms and substance use. External and positive religious coping were inversely related to substance use. Negative religious coping was positively related to substance use. This study aims to contribute knowledge of how religious coping influence's the adaptation process of recent Latino immigrants. Expanding scientific understanding as to the function and effect of these coping mechanisms could lead to enhanced culturally relevant approaches in service delivery among Latino populations. Furthermore this knowledge could inform research about specific cognitions and behaviors that need to be targeted in prevention and treatment programs with this population.

The African Roots of Cuban Culture : Artistic and Religious Expressions, A Symposium

This flyer promotes the event "The African Roots of Cuban Culture: Artistic and Religious Expressions, A Symposium", cosponsored by the Frost Art Museum and the African & African Diaspora Studies Program at FlU.