Equity in estate litigation : setting aside inter vivos transactions post mortem on the grounds of undue influence and unconscionable bargains

Where the value of an estate of a deceased person has been diminished by intervivos transfers of property, equitable doctrines provide powerful tools for practitioners advising those who are seeking to claim benefits under wills (or an intestacy) and those seeking further and better provision from the deceased estate.

Pharmaceutical patent bargains: the Brazilian experience

In the backdrop of the strict patent regime flatly adopted by the World Trade Organization (WTO) for all countries, a few countries constantly challenge this system through aggressive patent bargains. Within the pharmaceutical sector, noticeably, some countries now threaten to issue or otherwise actually issue compulsory licenses that may sway large pharmaceutical companies into selling drugs with large discounts or into granting voluntary licenses domestically. That is conspicuously the negotiation strategy adopted by Brazil in its negotiations with big international pharmaceutical companies.This paper explains Brazil’s aggressive bargaining approach based on an analysis of two aspects of its political economy. The first has to do with the international context of patent bargaining in the post-WTO era. Accordingly, the existence of large and fast growing domestic markets position countries such as Brazil as strategic destinations for Foreign Direct Investment (FDI) and trade. Together with an absence of a propensity to innovate in pharmaceutical products, these conditions boost Brazil’s bargaining power for issuing compulsory licenses over pharmaceutical products. The second aspect is related to political economy dynamics inside Brazil. Accordingly, the political framework in Brazil undermines long-term policies and favors short-sighted ones also vis-a-vis R&D investments in the pharmaceutical industry. This remains true regardless of the strictness of the patent regime in place. The lesson of Brazil is relevant arguably for other more powerful developing countries which presently examine Brazil's approach while further challenging the WTO's strict patent policy for the future.

Rumours, Bargains and Lies: How to advocate Open Access repositories more successfully

In this workshop seminar delivered twice at the CoFHE/UCR 2006 conference the author explored aspects relating to successful advocacy of Open Access and repositories. Areas covered included preconceptions on the part of academics and support staff, as well as models of implementation of an advocacy programme. A large portion of the material pulls together experience and narrative evidence from the SHERPA Consortium partners and repository administrators; with a particular focus on their successes and failures and the lessons that have been learned.

Mobile communications : a study of factors influencing consumer use of m-services

New mobile digital communication technologies present opportunities for advertisers to capitalize on the evolving relationships of consumers with their mobile devices and their desire to access enhanced information services while mobile (m-services). Consumers already use mobile devices (cell phones, personal mobile digital assistants) for traditional phone calls and message handling (e.g., Kalakota and Robinson, 2002; Sullivan Mort and Drennan, 2002). The combination of rapidly developing mobile digital technology and high uptake rates of mobile devices presents enormous potential for delivery of m-services through these devices (Bitner, Brown, and Meuter, 2000). M-services encompass a wide variety of types including the ability to trade stock, to book theater and movie tickets while accessing seating plans online, to send and receive text and pictures, and receive personalized direct advertising such as alerts for shopping bargains. Marketing communications, and specifically advertising, may be delivered as an m-service and termed m-services advertising, forming part of the broader category of m-services. However, advertising research has not yet addressed the area of m-services and needs to do so to be able to take advantage of the advanced interactivity (Yadav and Varadarajan, 2005) of mobile communication devices. Such advertising research is likely to help develop open attitudes and responses to new business models as has been advocated for other new technology such as advanced television (Tauder, 2005). In this article, we model the factors influencing the use of m-services, in the context of consumers' existing relationships with mobile devices. First, we address the value propositions underpinning consumer involvement with mobile devices. Next, we canvass the types of involvement relevant to this consumption domain and argue that involvement, together with personal attributes innovativeness and self-efficacy, will influence use of m-services. Finally, implications for advertising delivered as an m-service are discussed, the potential for m-services advertising as part of m-commerce are canvassed, and directions for future research identified.

Family Mobility : Reconciling Career Opportunities and Educational Strategy

Family mobility decisions reveal much about how the public and private realms of social life interact and change. This sociological study explores how contemporary families reconcile individual members’ career and education projects within the family unit over time and space, and unpacks the intersubjective constraints on workforce mobility. This Australian mixed methods study sampled Defence Force families and middle class professional families to illustrate how families’ educational projects are necessarily and deeply implicated in issues of workforce mobility and immobility, in complex ways. Defence families move frequently, often absorbing the stresses of moving through ‘viscous’ institutions as private troubles. In contrast, the selective mobility of middle class professional families and their ‘no go zones’ contribute to the public issue of poorly serviced rural communities. Families with different social, material and vocational resources at their disposal are shown to reflexively weigh the benefits and risks associated with moving differently. The book also explore how priorities shift as children move through educational phases. The families’ narratives offer empirical windows on larger social processes, such as the mobility imperative, the gender imbalance in the family’s intersubjective bargains, labour market credentialism, the social construction of place, and the family’s role in the reproduction of class structure.

We are what we eat: The demise of the ethical grocery shopper

In 1954, American consumer behaviour academic, Gregory Stone identified four different types of consumers. Consisting of 150 in-depth interviews, Stone’s research found there was an “economic” shopper, who was after bargains, a “personalising” shopper, who liked interaction with staff, and an “apathetic” shopper, who was disillusioned and unengaged in shopping activity. Then there was the “ethical” grocery shopper – consumers who demonstrated a moral obligation to patronise local merchants, purchase locally produced products and felt the need to “shop where they ought to”. This ethical shopper was willing to sacrifice lower prices, convenience and range, in order to “help the little guys out”.The idea of the ethical shopper has since taken hold in mainstream retailing. But my new research has suggested that socially responsible consumption may be a thing of the past.

O desafio foi lançado: o Brasil em busca da integração energética sul-americana (2000-2010)

Em anos recentes, a temática energética vem sendo objeto de barganhas políticas e econômicas na América do Sul. O presente trabalho visou a trazer tal temática para as Relações Internacionais, no âmbito da Integração Regional, com ênfase no papel do Brasil em suas relações internacionais com os vizinhos sul-americanos, no recorte temporal 2000-2010. Argumentou-se que o Brasil vem buscando a integração energética relacionada à infraestrutura na América do Sul com vistas à promoção do seu desenvolvimento. O desenvolvimento regional está conectado com o nacional. O Brasil também teve como objetivo garantir a estabilidade regional. Trabalhou-se com o conceito de integração energética definido como a constituição de ativos comuns permanentes entre os países. Ademais, as iniciativas dos processos integracionistas em energia foram analisadas com foco na IIRSA, iniciativa até então inédita. Posteriormente, a IIRSA foi reestruturada e incorporada à UNASUL e um novo e exclusivo Conselho para assuntos energéticos foi criado. A OLADE e o MERCOSUL também entraram no debate, de forma breve, a fim de contextualizar a energia como fator vital para o desenvolvimento regional antes dos anos 2000. Os setores potenciais para a integração energética sul-americana foram os de gás natural e hidroeletricidade com base na definição proposta na presente pesquisa.

Transnational Globalization & Regional Governance. CES Germany & Europe Working Papers, No. 06.2, July 1996

Since the end of the 1980s, international relations has experienced a resurgence of regionalism in Europe (Single Market, Maastricht) and the Americas (NAFTA, MERCOSUR). Why did regional economic cooperation gain mo­ mentum? Theoretical approaches have proved the relevance of institutions, intergovernmental bargains, and na­ tional interest formation for the emergence of cooperation, but fall short in explaining why new cooperative moves happened in the late 1980s and early 1990s and not earlier. This paper argues that the simultaneous con­vergence of interests favoring regional organization of states was stimulated by transnational globalization. Since the early 1980s, states had to adapt to the pressures from transnational globalization, from actors and systems which are not shaped by national territories and interests, and which undermined traditional national economic policy and domestic coalitions. Under the new circumstances, joint regional governance on specific policy areas became an attractive option to respond to new constraints. With the conceptualization of transnational globalization as an explanatory factor for regional cooperation this paper does not dismiss other approaches, but rather attempts to complement the research agenda by shedding light on a crucial-but often neglected-aspect of international relations.

Editorial

The year so far has been a slow start for many businesses, but at least we have not seen the collapse of as many businesses that we were seeing around two years ago. We are, however, still well and truly in the midst of a global recession. Interest rates are still at an all time low, UK house prices seem to be showing little signs of increase (except in London where everyone still seems to want to live!) and for the ardent shopper there are bargains to be had everywhere. It seems strange that prices on the high street do not seem to have increased in over ten years. Mobile phones, DVD players even furniture seems to be cheaper than they used to be. Whist much of this is down to cheaper manufacturing and the rest could probably be explained by competition within the market place. Does this mean that quality suffered too? Now that we live in a world when if a television is not working it is thrown away and replaced. There was a time when you would take it to some odd looking man that your father would know who could fix it for you. (I remember our local television fix-it man, with his thick rimmed bifocal spectacles and a poor comb-over; he had cardboard boxes full of resistors and electrical wires on the floor of his front room that smelt of soldering irons!) Is this consumerism at an extreme or has this move to disposability made us a better society? Before you think these are just ramblings there is a point to this. According to latest global figures of contact lens sales the vast majority of contact lenses fitted around the world are daily, fortnightly or monthly disposable hydrogel lenses. Certainly in the UK over 90% of lenses are disposable (with daily disposables being the most popular, having a market share of over 50%). This begs the question – is this a good thing? Maybe more importantly, do our patients benefit? I think it is worth reminding ourselves why we went down the disposability route with contact lenses in the first place, and unlike electrical goods it was not just so we did not have to take them for repair! There are the obvious advantages of overcoming problems of breakage and tearing of lenses and the lens deterioration with age. The lenses are less likely to be contaminated and the disinfection is either easier or not required at all (in the case of daily disposable lenses). Probably the landmark paper in the field was the work more commonly known as the ‘Gothenburg Study’. The paper, entitled ‘Strategies for minimizing the Ocular Effects of Extended Contact Lens Wear’ published in the American Journal of Optometry in 1987 (volume 64, pages 781-789) by Holden, B.A., Swarbrick, H.A., Sweeney, D.F., Ho, A., Efron, N., Vannas, A., Nilsson, K.T. They suggested that contact lens induced ocular effects were minimised by: •More frequently removed contact lenses •More regularly replaced contact lenses •A lens that was more mobile on the eye (to allow better removal of debris) •Better flow of oxygen through the lens All of these issues seem to be solved with disposability, except the oxygen issue which has been solved with the advent of silicone hydrogel materials. Newer issues have arisen and most can be solved in practice by the eye care practitioner. The emphasis now seems to be on making lenses more comfortable. The problems of contact lens related dry eyes symptoms seem to be ever present and maybe this would explain why in the UK we have a pretty constant contact lens wearing population of just over three million but every year we have over a million dropouts! That means we must be attracting a million new wearers every year (well done to the marketing departments!) but we are also losing a million wearers every year. We certainly are not losing them all to the refractive surgery clinics. We know that almost anyone can now wear a contact lens and we know that some lenses will solve problems of sharper vision, some will aid comfort, and some will be useful for patients with dry eyes. So if we still have so many dropouts then we must be doing something wrong! I think the take home message has to be ‘must try harder’! I must end with an apology for two errors in my editorial of issue 1 earlier this year. Firstly there was a typo in the first sentence; I meant to state that it was 40 years not 30 years since the first commercial soft lens was available in the UK. The second error was one that I was unaware of until colleagues Geoff Wilson (Birmingham, UK) and Tim Bowden (London, UK) wrote to me to explain that soft lenses were actually available in the UK before 1971 (please see their ‘Letters to the Editor’ in this issue). I am grateful to both of them for correcting the mistake.

Dealing with the devil: a critical and creative look at the diabolical pact

This thesis is comprised of three parts: a critical dissertation, a creative work of fiction and a bridge piece that connects the two. The critical work is an examination of the Devil as a satirist in Faustian bargains. Through the usage of the Devil as a literary figure, his character has become a more secular being: a trickster rather than evil incarnate—a facilitator of sin rather than its originator. In the tragicomedy of pacts with the Devil, he acts as a mirror, reflecting mankind’s foibles and vanity, while elevating the reader in the process. The thesis considers the language, tone, purpose and conceits of several versions of the story. While the focus is primarily on American Literature, the influence of English, Scottish, French and German folklore and fiction are recognized as an essential component of the theme’s evolution. In the bridge piece, the pact with the Devil is literalized in a modern context; a corporate business of reaping souls is theorized in which techniques of persuasion are streamlined into an effective formula. Whether immersive or expository in approach, the portrayal of the supernatural depends on the literary principles of science fiction and fantasy in order to manipulate the reader and allow irrational concepts to obey rational laws. Such theories are cited to support how the Devil functions as a believable character. The novel, Could Be Much Worse, relates the story of an egocentric boss and his dependable employee, a scout who disguises himself as a taxi driver and seeks candidates who may succumb to temptation. Passengers’ monologues of desperation and pathos are interspersed throughout the protagonist’s day-to-day narrative. At times, the work is experimental, utilizing irregular storytelling techniques, alternative forms and conceits. Light-hearted, but nonetheless poignant, the story serves as a cautionary tale, illustrating the tedium of a bureaucratic job in a transmundane existence.

The emotional knots of academicity: a collective biography of academic subjectivities and spaces

The highly imagined and contested space of higher education is invested with an affectively loaded ‘knowledge economy optimism’. Drawing on recent work in affect and critical geography, this paper considers the e/affects of the promises of the knowledge economy on its knowledge workers. We extend previous analyses of the discursive constitution of academic subjectivity through the figuration of ‘emotional knots’ as we explore three stories of the constitution of academic subjectivities in institutional spaces. These stories were composed in a collective biography workshop, where participants constructed accounts of the physical, social, material and imaginative dimensions of subjectivities in the ‘academic-city’ of higher education spaces. Identifying moments of ‘perturbation’ in these stories, this paper considers the micro-contexts of ‘becoming academic’: how bodies, affects and relations become knotted in precise times and places. The figuration of ‘knots’ provides an analytical strategy for unravelling how subjects affectively invest in the promises of spaces saturated with knowledge economy discourses, and moments of impasse where these promises ring hollow. We examine the affective bargains made in order to flourish in the corporate university and identify spaces of possibility where optimistic projections of alternative futures might be formed. These stories and their analysis complicate the metanarrative of ‘knowledge economy optimism’ that is currently driving higher education reform in Australia.