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Shakespeare and early modern Europe: A critical survey
No full textThis survey examines the history of criticism on Shakespeare and early modern Europe. With major sociopolitical European events in mind, the article reviews scholarship on this topic from the early twentieth century to the present day. Particular emphasis is placed on studies of Shakespeare’s own treatment of European characters and settings. The related topics of the changing meaning of “Europe” of Shakespeare’s European afterlives are also briefly discussed
Proprietary estoppel, promises and mistaken belief
No full textThis chapter considers the restrictive vision of proprietary estoppel put forward by Lord Scott and Lord Walker in the House of Lords in Yeoman’s Row v Cobbe [2008] UKHL 55. It explains that the impact of taking their arguments seriously would be the elimination (or, at least, the severe restriction) of one of the three distinct principles subsumed within proprietary estoppel, ie the promise principle stated by Lord Kingsdown in Ramsden v Dyson. The chapter suggests that, although the approach in Cobbe runs counter to the current of equitable development over the last forty years, it does highlight important issues of principle surrounding the scope of proprietary estoppel. Despite the tendency to downplay the role of promise within the doctrine, the pre-Cobbe version of proprietary estoppel ventures into the territory of the law of contract, doing so only in respect of promises related to land/property (without any convincing justification as a matter of principle for this restriction). Rather than seek to deal comprehensively with the very large question as to the merits or otherwise of Lord Kingsdown’s promise principle, this chapter seeks to address a more modest set of questions. First, it points out that the particular concern which seems to have animated the judges in Cobbe – that it is wrong to allow C to succeed on the basis of a promise which C knows is binding only in honour – can be accommodated within the conventional modern understanding of proprietary estoppel, without any need to eliminate or severely curtail Lord Kingsdown’s principle. Secondly, the chapter addresses the seductive suggestion that a distinction should be drawn between the commercial and the domestic contexts, with the restriction upon proprietary estoppel suggested in Cobbe applying only in the commercial context. It concludes on the basis of a number of different arguments, that this suggestion does not represent a desirable avenue of development for the law. One of the points made against any application of a mistake requirement in the context of the promise principle is that this requirement makes sense only in the context of the acquiescence principle; the suggestion that it should be applied more broadly appears reminiscent of attempts in the past to apply the probanda to all proprietary estoppel cases. In terms of the future development of the law of estoppel, what is needed is a willingness to separate out for analysis the distinct principles which have, for historical reasons, been grouped together under the heading of proprietary estoppel. The emphasis on ‘unconscionability’ and ‘synthesis’, encouraged by the overrated judgment of Oliver J in Taylor Fashions, have contributed to the current confused state of the law. Following the debacle represented by Cobbe, it is time for a somewhat more reflective approach
Shear anisotropy-driven crystallographic orientation imaging in flexible hexagonal two-dimensional atomic crystals
No full textHexagonal two-dimensional (2D) atomic crystals commonly reveal intrinsically isotropic elastic properties, but stretching or bending deformation can lead to their mechanical symmetry breaking. So far, little work has been done on strain-induced in-plane anisotropic shear behaviors of such 2D atomic crystals. Here, in theory, we predict the appearance of in-plane shear stiffness anisotropy under uniaxial normal tension strain in monolayer molybdenum disulfide. We verify experimentally such a shear characteristic based on friction-driven stretch deformation during a contact scan by employing transverse shear microscopy, and we demonstrate the visualization of anisotropic shear deformation as a function of crystallographic orientation. The present work provides deep insights into flexibility governed interactions among friction, deformation, and in-plane elastic characteristics in 2D atomic crystals
Strain-induced hierarchical ripples in MoS2 layers investigated by atomic force microscopy
No full textStrain engineering plays a vital role in controlling the physical properties of two-dimensional (2D) materials. However, the nanomechanical behavior of atomically thin 2D crystals under strain has not been completely understood. Here, strain-induced hierarchical ripple nanostructures in triangular MoS2 flakes were investigated by advanced atomic force microscopy and optical spectral measurements. The hierarchical nanoripples exhibited a threefold radial pattern, and their mechanical, electronic, and optical spectra characteristics were significantly modified due to the suffering from large tensile strain. Structure evolution of these hierarchical nanoripples was further discussed based on the geometry and thickness of MoS2 flakes, and we attributed the curtain effect at the limit of a single atomic layer. Our study will be beneficial in designing nanomechanical structures and prototype electromechanical devices with 2D materials
Don’t go! Some agoraphobic postulates for a post-travel world derived from Ingeborg Bachmann’s ‘Probleme Probleme’
No full textThis article explores the new relevance of Ingeborg Bachmann's short story 'Probleme Probleme' and the agoraphobia it examines in what ideally, for environmental reasons, should soon become a post-travel age, which relies on its virtual possibilities to replace movement. The article examines how Bachmann's story deconstructs movement per se, proposing inertia and imagined or text-based journeys in the place of penetrative and real travel.
Dieser Artikel untersucht die Relevanz von Ingeborg Bachmanns Kurzgeschichte 'Probleme Probleme' und die darin thematisierte Agoraphobie für ein virtuelles Zeitalter, das möglichst schnell aus Umweltschutzgründen posttouristisch werden sollte. Der Artikel zeigt, wie Bachmanns Text Bewegung als solche dekonstruiert und Trägheit sowie imaginäres oder textbasiertes Reisen als Alternative zu realem Reisen vorschlägt
'Automatic' resulting trusts: Retention, restitution or reposing trust?
No full textThis chapter considers the justification for the 'automatic' resulting trust. It points out that, as a historical matter, the dominant explanation has been that the settler 'retains' any beneficial interest of which he has not disposed. It is suggested, by reference to the “doctrine of the old use” in the law of succession, that this explanation is far more deeply rooted in the law than has been generally recognized. However, some commentators have argued that the retention idea is flawed at the level of principle, providing support for the idea that the existing rules should be altered to allow resulting trusts to operate as an instrument to reverse unjust enrichment in a wide variety of cases. The relevant issues are investigated in this chapter and it is concluded that the retention explanation, though deeply rooted in authority, is not fully satisfactory at the level of principle. It is also noted that the proposition that all resulting trusts should be regarded as being based on unjust enrichment is not supported by authority and, at the level of principle, is vulnerable to some of the same criticisms as the retention idea. This chapter identifies an alternative rationalization of the existing rules (which does not involve any modification in the content of those rules). It suggests that, in the context of the ‘automatic’ resulting trust, equity is confronted with the question of what should happen when property is given on trust to a trustee but the particular trusts indicated do not exhaust the beneficial interest or are invalid. The rule chosen by equity in this situation, that there should be a resulting trust for the settler, is difficult to fault as a matter of justice. It proceeds on the basis of a logically prior decision by equity that, once property has been conveyed to a trustee in whom the settler has reposed trust to hold it according to the settler's instructions, the trust will not ‘fail’, even where there is a failure in the particular trusts declared or a failure to declare any such trusts. Once one is willing to accept that a trust has been brought into existence by the conveyance to the trustee, so that someone must become entitled to the beneficial interest under that trust, it is difficult to justify anyone besides the settler taking any unallocated beneficial interest
Burns v Burns: The villain of the piece?
No full textThe argument in this chapter is that, even if many do not like the implications of the decision, it is difficult to argue that Burns v Burns [1984] Ch 317 - which concerned a claim by a cohabitant to share in the beneficial interest of a family home based on work in the home - was wrongly decided on its own terms (although the Court of Appeal did present a rather limited version of the common intention constructive trust analysis in respects unrelated to the actual facts of the case). Unlike the position following Gissing v Gissing in respect of married couples, no legislative reform in respect of cohabitants has followed in the wake of Burns v Burns. It is arguable that Waller LJ was correct to suggest that the problem in cases such as Burns is not ‘one which could readily be dealt with by legislation’. The Law Commission’s proposed legislative model seems very complex and, though perhaps not for this reason, may not be enacted in the near future. This chapter doubts the legitimacy, in democratic terms, of radical judicial reform in this area and has also suggested that the current common intention trust analysis is not a promising avenue for future development on an incremental basis. This may seem a pessimistic outlook, but where is it decreed that every type of dispute that can arise in society can easily be dealt with by legal means? It may be, however, that something will eventually give – if legislative reform does not occur, then some creative or accidental misreading of existing equitable doctrine may supply the opportunity for the courts to widen the circumstances in which they give a remedy in disputes in the cohabitation (or the wider family) context. Stack v Dowden does not represent this sort of turning point, though perhaps the hyperbole surrounding the case may create a suitable climate for a more radical new departure. Such a departure would probably not be defensible in democratic terms – especially if it occurs against the background of a conscious decision by the legislature not to implement legislative reform – but, if the courts were to choose to ignore this obstacle, it is difficult to see who could effectively call them to account. Nonetheless, the clear insistence by Fox and May LJJ that this kind of reform is more appropriately a matter for Parliament establishes Burns v Burns as a landmark to guide future judges, if they are willing to heed it
Recognition, reward and impact: A review of the national awards for excellence in teaching in higher education
No full textThe Irish National Awards for Excellence in Teaching in Higher Education ran for a total of five years, during which time forty-three higher education staff members across a wide range of Higher Education institutions and disciplinary backgrounds were recognised and celebrated for their contribution to the integration of research, teaching and learning in Ireland.
This publication traces the impact the NAIRTL Awards on the career trajectories and teaching practice of the award holders. It emphasizes the sustained contribution of the recipients to Irish higher education, and gathers together their recommendations regarding the development of national schemes such as the nascent Learning Impact Awards of the National Forum for the Enhancement of Teaching and Learning
Integrated patient journey mapping: A sensemaking approach for Health Information Systems research
No full textHealth Information Systems (HIS) can help reimagine medical care pathways by using digital technologies to meet diverse patient needs. This is nevertheless a challenging prospect which is exacerbated by the conflicting interests of different stakeholders such as patient advocacy groups, allied health professionals, and policymakers. In this chapter, we present Integrated Patient Journey Mapping (IPJM) as an approach for sensemaking in HIS redesign processes and present a canvas for HIS researchers to constructively engage stakeholders in reimagining the status quo. We explain the scope and utility of IPJM, before outlining methodological considerations in the form of data collection and analysis. Recommended approaches for reporting results are then described including the use of storytelling techniques to weave together outputs from facilitated workshops and ‘think-aloud’ activities. The chapter concludes by presenting exemplars where journey mapping has inspired healthcare redesign in areas such as mental health services, head and neck cancer care, and post-partum care