Procurement and the Public Sector Equality Duty: Lessons for the Implementation of the Equality Act 2010 from Northern Ireland?

The use of public sector equality duties that require public authorities to do more than simply not discriminate and that in addition require such authorities in exercising their functions to actively promote equality has increasingly been considered as relevant for procurement. This article examines the Northern Ireland experience regarding the application of a public sector equality duty to procurement and addresses whether, and if so to what extent, this experience provides any useful lessons for the operation of the ‘equality duty’ in the recently enacted British Equality Act 2010.

Act for Laying a Duty on the Retailers of Spirits and Liquors

An act to charge duty to retailers of liquor and for licensing retailers of liquor. The document beings "At the Parliament begun and holden at Westminster, the Fourteenth Day of January, Anno Dom. 1734 in the Eighth Year of the Reign of our Sovereign Lord George the Second, by the Grace of God, of Great Britain, France, and Ireland, Kind, Defender of the Faith, And from thence continued by federal Prorogation to the Fifteenth Day of January, 1735. being the Second Session of this present Parliament."

Genetic variants of angiotensin converting enzyme and methylenetetrahydrofolate reductase may act in combination to increase migraine susceptibility

Migraine, with and without aura (MA and MO), is a prevalent and complex neurovascular disorder that is likely to be influenced by multiple genes some of which may be capable of causing vascular changes leading to disease onset. This study was conducted to determine whether the ACE I/D gene variant is involved in migraine risk and whether this variant might act in combination with the previously implicated MTHFR C677T genetic variant in 270 migraine cases and 270 matched controls. Statistical analysis of the ACE I/D variant indicated no significant difference in allele or genotype frequencies (P > 0.05). However, grouping of genotypes showed a modest, yet significant, over-representation of the DD/ID genotype in the migraine group (88%) compared to controls (81%) (OR of 1.64, 95% CI: 1.00–2.69, P = 0.048). Multivariate analysis, including genotype data for the MTHFR C677T, provided evidence that the MTHFR (TT) and ACE (ID/DD) genotypes act in combination to increase migraine susceptibility (OR = 2.18, 95% CI: 1.15–4.16, P = 0.018). This effect was greatest for the MA subtype where the genotype combination corresponded to an OR of 2.89 (95% CI:1.47–5.72, P = 0.002). In Caucasians, the ACE D allele confers a weak independent risk to migraine susceptibility and also appears to act in combination with the C677T variant in the MTHFR gene to confer a stronger influence on the disease.

Representing clients from courtroom to mediation settings : switching hats between adversarial advocacy and dispute resolution advocacy

In the vast majority of cases legal representation in mediation can provide many advantages for clients. However, in some, progress can be thwarted when lawyers do not understand the goals of the mediation process and their dispute resolution advocacy role. This article will explore some of the similarities and differences between the knowledge and skills that lawyers can draw upon when representing clients in adversarial court hearings as compared with non-adversarial settings, such as in mediations. One key distinction is the different approaches that legal representatives can use to effectively act in the best interests of clients. This article will highlight how an appreciation of such distinctions can assist lawyers to “switch” hats between their adversarial and non-adversarial roles. In particular, an understanding that the duty to promote the best interests of clients in mediation is consistent with a collaborative and problem-solving approach can greatly assist in the resolution process.

The duty of loyalty in the cooperative law. A comparative study

Among the duties of the government bodies’ members of the different entities, which are connected to the good government, the duty of loyalty must be underlined. This duty, derived from the good-faith duty, obliges to act in the interest of the entity in case of conflict of interest, and to subordinate one’s own interests, except when there is an authorisation. Loyalty duty is applicable both to managers, who must manage the entity’s interest, and to partners, according to the common purpose derived from the company contract. This duty, at the same time, includes some particular rules, referred to transparency, remuneration, prohibition of competition, self-contracting... This essay compares the regulation of the duty of loyalty and its realizations in the different Cooperative Laws in Spain, both referring to the managers and to the partners, comparing this, at the same time, with the regulation of these aspects in companies’ general legislation, an in the Spanish Corporate Enterprises Act in particular, in order to obtain a general view of the issue, a necessary basis to go more deeply into it, and suggesting some preliminary conclusions or assessments.

Letter from J.E.A. Masters to Josiah Masters, November 11, 1812

Transcription: Encampment Plattsburgh My Dear Uncle Nov. 11th 1812 We are making every possible preparation to invade Canada. I have no doubt but we march in six days. From the best information I can get it is not contemplated to attack the Isle aux Noix – We shall take into the field 2500 infantry between 3 & 4 hundred cavalry 25 light artillery & 150 artillerists; of the malitia I have no accurate knowledge there is more than 1000 of them, the number of regular troops is mentioned you may rely on as being nearly correct I cannot state to a man as I have not had an opportunity of being the consolidated returns of the different corps. It is said that a [corps formed?] of volunteers are to join us from Vermont. I think it doubtful I believe that we shall have no great difficulty in going to Montreal as to the ultimate policy of the [act it is?] not my duty to judge. Confidential our troops are raw particularly in loading and firing they are much deficient. The 6th and 15th will be able to act with some considerable ... of precision and accuracy the remaining infantry—badly disciplined. Should any thing [occur?] with me my fate be unfortunate the [little?] property willed me by my grandfather will secure you the amount I owe you. General Dearborn I understand is at Burlington on his way here. Some of the prisoners that were taken at Queenstown have [arrived?] at Montreal probably. [Ensign Rich?] is among them. Several officers here became acquainted with him soon after he received his [two illegible words] & speak highly of him. [Always?] affectionately yours J. E. A. Masters P.S. I shall write you again before we march excuse this [scrawl?] my hand are too cold to write a fair hand we shall have here near [400?] sick that are not able to march J. E. A. Masters The [Hon.?] Josiah Masters [Schaghticoke?] N.Y. N. B. Nov. 13th We have orders to be prepared to march on the 15th at 12 oclock. Our baggage will be contained as much as possible. The officers carry no baggage except what they carry in their knapsacks. I am in fine health and am able [Hand?] most any [illegible word] My love to all affectionately Your nephew J. E. A. Masters

From Sisyphus’s Dilemma to Sisyphus’s Duty? A Meditation on the Regulation of Hate Propaganda in Relation to Hate Crimes and Genocide

Un résumé en français est également disponible.

Capuchin Monkeys (Cebus apella) Fail to Be Equitable in an Ultimatum Game

The ultimatum game is a commonly used economics game testing humans' sense of fairness. In the game, a "proposer" is given a sum of money and is told they can split it however they want with another human partner. The partner can then either accept the division and both proposer and responder receive the proposed amounts, or the responder can reject the offer and neither player will get anything. Human subjects from most western cultures typically share almost half of an allotted amount, but it remains unknown whether our close primate relatives share this generosity. Recent attempts to present chimpanzees with the ultimatum game have provided inconclusive results, with some studies finding the animals share humans' disposition to behave 'fairly' and others concluding that chimpanzees act selfishly to maximize their own rewards. Capuchin monkeys are known to share many human and chimpanzee social and cooperative behaviors, and this study was the first to present capuchin monkeys with a version of the ultimatum game. Subjects were presented with two differently colored tokens representing different qualitative reward contingencies, one equitable and the other inequitable in favor of the subject proposer. Subjects could select and place one of the tokens in a transfer container. The capuchins were first tested with a "dictator game" where, after the subject monkey selected a token, the rewards (equitable or inequitable) were distributed to the subject and a nearby partner monkey that was not an active participant. The capuchins were then tested on an ultimatum game in which after the subject selected and placed a token in the container, the container was moved to the partner. The partner needed to remove the token and transfer it back to the experimenter for the rewards to be distributed. As such, the partner could reject the subject's offer by refusing to participate and neither would receive a reward. The experiment was conducted to determine if the subject monkey would select the equitable reward option rather than the selfish option in order to maintain the partner's cooperation in the task. Capuchin subjects behaved selfishly and selected the inequitable token significantly more often than the equitable token in both the dictator and ultimatum game with no significant difference in preference between the two games. Interestingly, despite the occasional occurrence of rejection by the partner monkeys (resulting in no reward for the subject), subjects never altered their strategy, continuing to prefer the selfish token. The study may indicate that capuchin monkeys have an inability to judge the effect of their behavior on a conspecific's reward outcome, or an indifference to the outcome if there is an individual cost associated with behaving prosocially.

Analysing written production competence descriptors for academic and professional purposes and their calibration to the CEFR

The Common European Framework of Reference for Languages (CEFR) "describes in a comprehensive way what language learners have to learn to do in order to use a language for communication and what knowledge and skills they have to develop so as to be able to act effectively" (Council of Europe, 2001: 1). This paper reports on the findings of two studies whose purpose was to assess written production competence descriptors meant for their inclusion into the Academic and Professional English Language Portfolio KELP) for students of engineering and architecture. The main objective of these studies was to establish whether the language competence descriptors were a satisfactory valid tool in their language programmes from the point of view of clarity, relevance and reliability, as perceived by the students and fellow English for Academic Purposes (RAP) / English for Science and Technology (EST) instructors. The studies shed light on how to improve unsatisfactory descriptors. Results show that the final descriptor lists were on the whole well calibrated and fairly well written: the great majority was considered valid for both teachers and students involved.

Commentary on Foreign Reprints Act 1847

Legislation enabling colonial territories to import unauthorised foreign reprints subject to the payment of an import duty, to be collected for the benefit of British publishers.
The commentary explores the background to the Foreign Reprints Act 1847, and in particular, the differences between the British and colonial markets for literary works, and the introduction of 'responsible government' in the colonies. It also considers the movement in the late 1860s and early 1870s, on the part of the British book trade, to have the legislation repealed, as well as the efforts of the Canadian legislature to replace the import scheme with a system of compulsory licensing, set against the backdrop of increasingly fractious Anglo-Canadian copyright relations. The Canadian demands for compulsory licensing scheme were by and large abandoned, and the 1847 Act remained on the statute books until the passing of the Copyright Act 1911.

A soft approach to solving hard problems in construction project management

Construction projects are faced with a challenge that must not be underestimated. These projects are increasingly becoming highly competitive, more complex, and difficult to manage. They become ‘wicked problems’, which are difficult to solve using traditional approaches. Soft Systems Methodology (SSM) is a systems approach that is used for analysis and problem solving in such complex and messy situations. SSM uses “systems thinking” in a cycle of action research, learning and reflection to help understand the various perceptions that exist in the minds of the different people involved in the situation. This paper examines the benefits of applying SSM to wicked problems in construction project management, especially those situations that are challenging to understand and difficult to act upon. It includes relevant examples of its use in dealing with the confusing situations that incorporate human, organizational and technical aspects.

Five case studies applying soft systems methodology to knowledge management

Construction projects are faced with a challenge that must not be underestimated. These projects are increasingly becoming highly competitive, more complex, and difficult to manage. They become problems that are difficult to solve using traditional approaches. Soft Systems Methodology (SSM) is a systems approach that is used for analysis and problem solving in such complex and messy situations. SSM uses “systems thinking” in a cycle of action research, learning and reflection to help understand the various perceptions that exist in the minds of the different people involved in the situation. This paper examines the benefits of applying SSM to problems of knowledge management in construction project management, especially those situations that are challenging to understand and difficult to act upon. It includes five case studies of its use in dealing with the confusing situations that incorporate human, organizational and technical aspects.

Learning to be literate : issues of pedagogy for recently arrived refugee youth in Australia

This paper focuses on issues of access to productive literacy learning as part of socially just schooling for recently arrived refugee youth within Australia. It argues that a sole reliance on traditional ESL pedagogy is failing this vulnerable group of students, who differ significantly from past refugees who have settled in Australia. Many have been ‘placeless’ for some time, are likely to have received at best an interrupted education before arriving in Australia, and may have experienced signification trauma (Christie & Sidhu, 2006; Cottone, 2004; Miller, Mitchell, & Brown, 2005). Australian Government policy has resulted in spacialized settlement, leaving particular schools dealing with a large influx of refugee students who may be attending school for the first time (Centre for Multicultural Youth Issues, 2004; Sidhu & Christie, 2002). While this has implications generally, it has particular consequences for secondary school students attempting to learn English literacy in short periods of time, without basic foundations in either English or print-based literacy in any first language (Centre for Multicultural Youth Issues, 2006). Many of these students leave schools without the most basic early literacy practices, having endured several years of pedagogy pitched well beyond their needs. This paper suggests that schools must take up three key roles: to educate, to provide a site for the development of civic responsibility, and to act as a site for welfare with responsibility. As a system, our department needs to work out what can we do for 17-18 year olds that are coming into our school system in year 10 without more than 1-2 years of education. I don't think there is a policy about what to do. – (T2-ESL teacher)

A general approach to control a positive buck-boost converter to achieve robustness against input voltage fluctuations and load changes

A Positive Buck-Boost converter is a known DC-DC converter which may be controlled to act as Buck or Boost converter with same polarity of the input voltage. This converter has four switching states which include all the switching states of the above mentioned DC-DC converters. In addition there is one switching state which provides a degree of freedom for the positive Buck-Boost converter in comparison to the Buck, Boost, and inverting Buck-Boost converters. In other words the Positive Buck-Boost Converter shows a higher level of flexibility for its inductor current control compared to the other DC-DC converters. In this paper this extra degree of freedom is utilised to increase the robustness against input voltage fluctuations and load changes. To address this capacity of the positive Buck-Boost converter, two different control strategies are proposed which control the inductor current and output voltage against any fluctuations in input voltage and load changes. Mathematical analysis for dynamic and steady state conditions are presented in this paper and simulation results verify the proposed method.

Professional Responsibility and Legal Ethics in Queensland

With the commencement of the Legal Profession Act 2007 (Qld) and the establishment of the Legal Services Commission, the legal profession and legal services market in Queensland has experienced significant changes to its regulatory environment. Professional Responsibility and Legal Ethics in Queensland provides a detailed explanation and analysis of these changes. The book will assist lawyers to plan for successful practice within this new environment by examining such topics as: • The scope and application of key provisions within the Legal Profession Act; • The role, functions and policies of the Legal Services Commission; • The ethical and regulatory implications of operating as an Incorporated Legal Practice or as a Multi-Disciplinary Partnership; • Developments affecting trust accounts and client money dealings more generally; • Recent case law, Tribunal decisions and Legal Services Commission guidelines in relation to the new conduct standards of Unsatisfactory Professional Conduct and Professional Misconduct; and • The impact of the new legislation and regulatory environment on a range of traditional ethical duty categories such as the duty to communicate, costs and billing practices, as well as the paramount duties to the court and to the administration of justice. An invaluable reference for legal professionals, this book is also an important resource for law students grappling with questions raised by legal ethics and their application to the workplace.