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Ambulation, severance, and the common intention constructive trust
No full textAnalyses the Supreme Court ruling in Jones v Kernott on whether the presumption that a separated unmarried couple, who had jointly owned their home, held beneficial interest in the property in equal shares could be displaced by evidence of their changed intention, so it was possible to find that they were now beneficial tenants in common in the proportions of nine to one under a common intention constructive trust. Argues that this reasoning is founded on the "ambulatory" potential of this trust, a notion derived from the House of Lords judgment in Stack v Dowden
Chinese second language learners' speaking development during study abroad: Complexity, accuracy and fluency
No full textThe purpose of this study was to contribute to the literature on second language oral Complexity, Accuracy, and Fluency (CAF) development by assessing English-speaking learners of Chinese during Study Abroad (SA) in China, which have rarely been investigated in an Irish context. Moreover, relationships between the CAF constructs and those between the sub-constructs impacted by Study Abroad (SA) were discussed. Data were collected from ten English-speaking undergraduates of an Irish university from two curricular oral tests during pre- and post- 10 months’ SA. Performance was elicited by topics, which were relative to the learning content when the learners were in the formal instruction context. To exhibit an in-depth evaluation of oral performance of instructed L2 Mandarin learners, fourteen CAF measures were analysed. The effects of SA on oral performance were explored by paired-samples t-tests. The results showed that the SA benefits oral gains in terms of speech fluidity, syntactic complexity (length and subordination), and lexical sophistication. Generalized from the analysis, trade-off effects are observed prevailingly between CAF constructs, while simultaneous improvements are present within CAF. This is attributable to the study abroad experience as well as the use of rehearsed monologue tasks in the study (Wright, 2020). It has shown that complexity and fluency were enhanced by pre-task planning (Skehan, 2009c; Skehan & Foster, 2001). Based on the findings, the study also provides pedagogical implications for the development of L2 Chinese oral performance in a university teaching setting
Pettitt v Pettitt (1970) and Gissing v Gissing (1971)
No full textThis chapter considers the landmark family property decisions of the House of Lords in Pettitt v. Pettitt [1970] AC 777 and Gissing v. Gissing [1971] AC 886 through the prism of imputed common intention, an idea advanced by Lord Diplock in Pettitt and (on one view) implemented in a different form by him in his speech in Gissing. The conclusion is that the common intention trust analysis, as first put forward in the speech of Lord Diplock in Gissing, did not directly involve the imputation of common intentions. The notion of imputation has, following Stack v. Dowden [2007] 2 AC 432 and Jones v Kernott [2012] 1 AC 776, crept back into the modern law on the common intention trust in respect of the secondary issue of quantification. However, as is argued in the chapter, it seems unnecessary to present the modern approach to quantification in terms of the imputation of a non-existent common intention. The chapter places Pettitt and Gissing in the context of the earlier case law – e.g. looking closely at the overrated ‘imputed common intention’ approach of the minority in Pettitt and its relationship with more overtly discretionary approaches of the Court of Appeal in earlier cases. The chapter also links this analysis to a consideration of the impact of the more recent cases of Stack v. Dowden and Jones v. Kernott
Resulting trusts and voluntary conveyances of land
No full textConsiders whether the Law of Property Act 1925 s.60(3) prevents a resulting trust from arising on a voluntary conveyance of land. Examines modern case law considering the section, the position prior to its enactment and the possible interpretations of the section, preferring an interpretation which abolishes the previous doctrine of presumption of resulting use. Highlights the advantages of recognising that a resulting trust cannot arise on a voluntary conveyance of land
Jones v Kernott: Inferring and imputing in Essex
No full textComments on the Supreme Court decision in Jones v Kernott [2011] UKSC on the respective shares in the family home of former cohabitees some years after the breakdown of their relationship. Examines the facts of the case and considers whether the right result was achieved on the facts, given the trial judge's basis for inferring a common intention that the beneficial interests would differ from the legal title and the mathematics underlying the decision. Discusses the significance of the case in relation to the concepts of inference and imputation, and the remaining areas of uncertainty. Criticises the artificial approach to inference favoured by the majority of the United Kingdom Supreme Court in the case
Diagnostic reference levels of radiographic and CT examinations in Jordan: A systematic review
No full textA comprehensive search was performed to examine the literature on diagnostic reference levels (DRL) for computed tomography (CT) and radiography examinations that are performed routinely in Jordan. EBSCO, Scopus, and Web of Science were used for the search. The acronym “DRL” and the additional phrase “dose reference levels” were used to search for articles in literature. Seven papers that reported DRL values for radiography and CT scans in Jordan were identified. One study reported DRLs for conventional radiography, two studies reported CT DRLs in pediatrics, and the remaining four studies provided DRL values for adult CT scans. The most popular techniques for determining the DRLs were the entrance surface dose, volume CT dose index (CTDIvol), and dose-length product (DLP) values. Variations in Jordanian DRL values were noted across both modalities. Lower radiation doses and less variation in DRL values may be achieved by educating and training radiographers to better understand dose reduction strategies. To limit dose variance and enable dosage comparison, CT DRLs must be standardized in accordance with the guidelines of the International Commission on Radiological Protection (ICRP)
Transforming landscapes
No full textKey messages: Transformative change across multiple systems interconnected in the landscape offers a myriad benefits and opportunities in the fight against climate change and biodiversity loss, with wider gains for society and the economy. Of all transformations, inappropriate land management can have ‘severe and unintended consequences’, particularly for biodiversity loss, with implications for climate action and society. While conflicting land-use objectives cannot be avoided, decisions that maximise synergies while managing trade-offs can significantly reduce conflicts while enhancing benefits and opportunities. A long-term integrated strategy for land-use management is necessary if this is to be achieved. Climate change and biodiversity loss share many underlying drivers related to unsustainable resource use, including the use of land. Tackling these crises together enhances synergies while managing the trade-offs that exist between them. Social benefits include sustainable job creation and the protection and enhancement of human wellbeing. Such benefits aid the social transformation required to enable action on climate change and biodiversity loss. If planned and managed in an appropriate manner, carbon stores on land can be maintained and enhanced. Afforestation is a cost-effective and scalable option for carbon removal. There is an emerging industry and bioeconomy around forestry in Ireland. Forests have the potential to become centres for cultural heritage, craftmanship, traditional knowledge and innovation, alongside diversifying livelihood options in rural communities. Nature conservation (immediate benefits) and restoration (longer-term benefits) are cost-effective, enhance carbon removals and reduce vulnerability and strengthen synergies between mitigation and adaptation actions. Benefits include improved food security, nutrition, health, wellbeing, support for livelihoods and sustainability and ensuring nature’s contributions to people
Home movies as technologies of belonging and resistance
No full textThis article examines the significance of home movies as tools of resistance and belonging, particularly for African American families during the Civil Rights era. Focusing on archival collections from the South Side Home Movie Project (SSHMP), African American Home Movie Archive (AAHMA), and the National Museum of African American History & Culture (NMAAHC), the study reveals how African American families, through their cinematic documentation of visits to national parks and other leisure activities, challenged prevailing narratives of national identity. Despite encountering rampant discrimination, these families captured moments of joy and relaxation, highlighting their resilience and assertion of their rightful place within the American narrative. These historical home movies are profound testimonials of Black identity, resilience, and belonging in the face of adversity. Examining these films enriches our understanding of cultural memory, national identity, and the role of African American home movies in presenting a more nuanced American history
Framing transformative change
No full textKey messages: Transformative change is a fundamental, system-wide reorganisation across technological, economic and social factors, including paradigms and goals, and valuing the climate, the environment, equity and wellbeing within decision making (IPBES, 2018; IPCC, 2018). If Ireland is to achieve its goals under the national climate objective, the Paris Agreement and the Kunming–Montreal Global Biodiversity Framework, transformations will be necessary in the energy, food and land systems, urban systems (including planning, transport and buildings), livelihoods, lifestyles, development pathway, systems of governance and in participation. A clear long-term vision and plan for the transformation of each system will accelerate short-term action and enhance synergies while minimising and managing trade-offs and realising the benefits of transformative change.The decisions and actions taken this decade will reverberate for generations. Much of the groundwork for action has been lain and most technologies and solutions are already available. However, climate action is not occurring quickly enough: opportunities and benefits are being missed and the possibility of shaping a better future for all is being put at risk by not taking a holistic and systemic approach to change. Action needs to be scaled up and accelerated. An incremental approach will not deliver what is required. If Ireland is to address the scale, speed and depth of the change required to close the gap between ambition and action, an approach that focuses on rapid and systemic transformations is necessary. Equity is an important societal goal and an essential element of achieving transformative change both in terms of mitigation and adaptation to climate change. Including considerations of equity at the core of decision making is key to enabling transformative change that enhances living standards, while halving associated energy demand, reducing vulnerability and proactively preparing individuals, households, communities and systems for climate shocks. Climate change and biodiversity loss share many underlying drivers. These underlying drivers need to be addressed if Ireland is to achieve its national and international commitments. Just as the drivers of these crises are linked so too are the solutions. A long-term integrated strategic plan is necessary to drive action in the immediate and short terms, but also to deliver a strong signal on the direction of travel towards a climate-neutral, climate-resilient, biodiverse and sustainable future. Such a plan can leverage greater benefits and opportunities, now and in the future