The University of Buckingham Press Journals
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THE SETTING OF THE SUN ON THE VILLAGE GREEN ERA?
Get PDFThe United Kingdom Supreme Court has recently handed down the much anticipated judgment in R (Barkas) v NorthYorkshireCounty Council(“Barkas”). The case addressed the “by right” defence in village green law and whether use that is pursuant to a statutory right could be use “as of right” for the purposes of village green registration. The court unanimously ruled that use “by right” could not be considered as use “as of right” and would not be qualifying use for the purposes of registration. Use will be “by right” when it is pursuant to a statutory right to use the land, and is usually engaged when the land in question is in public ownership. In reaching this judgment the court overruled the previous authority of R (Beresford) v SunderlandCity Council(“Beresford”).The Supreme Court left many questions unanswered, although the culmination of recent activity in village green law now makes it considerably harder to register new greens. The inability to protect recreational spaces through village green registration potentially makes this land available for development, thus tipping the balance in favour of the economic aim, at the expense of the social and environmental aims, of sustainable development.
HUMAN RIGHTS AND MEDIA: THE EXPERIENCE OF THE COMMISSION OF INQUIRY ON NORTH KOREA
Get PDFEven in oppressive countries, those responsible for abuses of human rights normally perform their deeds of commission and omission in private, away from the glare of publicity. Publicity and news attention encourage supporters of global human rights to address the violations of human rights of peoples and individuals. They speak up and demand action. Secrecy is a cloak for terrible crimes and violations.This is why, in the current international situation, those with responsibility for the United Nations’ efforts to advance universal human rights, and to expose violators, have increasingly looked to the media (especially international media) to support their efforts. Between the time in the 1990s when I discharged a mandate as Special Representative of the Secretary-General for Human Rights in Cambodia (1993-6) and the more recent time in which I served as Chair of the Commission of Inquiry (COI) on alleged human rights violations in the Democratic Peoples’ Republic of Korea (DPRK) (North Korea) (2013-14), I noticed a significant change in the engagement of United Nations personnel with the media. A connection with media became more intensive, more time consuming and more professional. Moreover, it is supported from the top of the Organisation. The Secretary-General of the United Nations (Ban Ki-moon), the High Commissioners for Human Rights, other agency heads and mandate-holders have become much more willing to engage with media and much more skilful in doing so. By this I mean not only local newspapers, radio and television interviews but also international media and the new social networks, blogs, Reddit and the internet generally. Together these media can bring news, information and opinions of UN experts on human rights to an audience far wider than that which, in the past, had access to UN reports on human rights concerns.
DAEJAN INVESTMENTS LTD V BENSON [2013] UKSC 14, [2013] 1 WLR 854, [2013] 2 ALL ER 375
Get PDFIn this important case on the Landlord and Tenant Act 1985 (as amended by the Commonhold and Leasehold Reform Act 2002) the Supreme Court, by a bare majority, allowed the appeal against the decision of a Leasehold Valuation Tribunal (LVT) which had been affirmed by, first, the Upper Tribunal (Lands Chamber), and, secondly, by the Court of Appeal. Almost all long leases of flats contain an obligation on the landlord (or a service company) to provide services, such as repairing the exterior and common parts of the block, and a concomitant obligation on the tenants to pay service charges. The right of the landlord to recover such service charges depends on the terms of the particular lease, but the 1985 Act and the Service Charges (Consultation Requirements)(England) Regulations 2003 impose certain statutory requirements and restrictions on a landlord, which impinge on its ability to recover service charges. These requirements are designed to ensure that tenants of flats are not required (i) to pay for unnecessary services or services which are provided to a defective standard, and (ii) to pay more than they should for services which are necessary and have been provided to an acceptable standard
EQUITY’S JURISDICTION TO RELIEVE AGAINST FORFEITURE OF LEASES – AN HISTORICAL PERSPECTIVE
Get PDFThis article seeks to trace the evolution of equity’s jurisdiction to relieve against the forfeiture of leases from the early 17th century cases through to the present day. Although the celebrated case of Sanders v Pope, decided in 1806, marked a trend towards a more flexible (discretionary) approach to equitable relief, this was to be short lived following Lord Eldon’s judgment in Hill v Barclay in 1811 declining to grant relief against forfeiture of a lease for a wilful breach of covenant not involving the failure to pay rent even where the same was capable of adequate compensation. This remained the position until 1973, when the House of Lords in Shiloh Spinners Ltd v Harding took the opportunity to review the whole question of the scope of equity’s jurisdiction to relieve against forfeiture. What emerged was a principled approach to the grant of equitable relief which was not limited to the two orthodox heads of relief: (a) where the right to forfeit was inserted by way of security for the payment of rent nd (b) where the breach had been occasioned by fraud, accident, mistake or surprise. The Shiloh ruling paved the way for the granting of relief for breaches of other covenants in the same way as that in the case of rent, namely, to prevent a forfeiture where the landlord may be adequately compensated and receive proper undertakings as to future performance, so that the forfeiture clause is merely security to achieve these results
The Relationship between Sportsbook Volume, Forecast Accuracy, and Market Efficiency: The NFL and NCAA Football
No full textUsing betting market volume data for the NFL and NCAA Football, we examine the role of betting volume as it relates to bettor biases, forecast accuracy, and volume-based betting market strategies. We find that betting volume has a statistically significant effect on the percentage bet on the favorite, but its impact is different between the two levels of football. Increased betting volume was shown to not have an impact on forecast accuracy in the sports. Simple betting simulations revealed that underdogs win more than implied by efficiency in low-volume NFL games, but other strategies did not reject market efficiency
The Fibonacci Strategy Revisited: Can You Really Make Money by Betting on Soccer Draws?
No full textThis article investigates the strategy of betting on soccer draws using the Fibonacci sequence. In the previous literature, this strategy has been found to be both simple and profitable in both simulated and real betting markets, indicating that the soccer betting market is not even weakly efficient. First, the behavior of the Fibonacci strategy is analyzed in a simulated strongly efficient market. It is shown that the strategy is not and cannot be profitable in such a market; however, it could still be profitable in a real market under the following two conditions: first, some bets on draws have positive expected values; second, the amounts bet on such matches are high enough to more than compensate for expected losses from the other bets. This could happen if bookmakers underestimated the probability of a draw after a long string of non-drawn matches. The strategy is therefore tested on a real data set of almost 60,000 European soccer matches. Contrary to the previous findings, all tested versions of the Fibonacci betting strategy are found to lose money. The previous positive results could be explained by a very low number of trials
Raising the Stakes: More Electronic Gaming Machines equals how many more problem gamblers?
No full textIn the administration of the New South Wales Gaming Machines Act 2001, a small ‘industry’ developed around the preparation and appraisal of Social Impact Assessments (SIAs) required to accompany any application for additional Electronic Gaming Machines (EGMs) in clubs or hotels. The two-tiered structure permitted a simple process, known as Class 1, for small-increase applications. However the more complex Class 2 process required for larger applications was slow, costly and contentious. One of the key points of contention in this process was assessing the extent of problem gambling impacts that might be associated with a localised increase in EGMs, ordinarily expressed as an estimate of the increase in problem gamblers. As a consequence of this inefficient process, subsequent legislation sought to eliminate these contested aspects. This paper examines the available evidence on this policy approach and its effectiveness, focusing on the specific aspect of estimating incremental impacts arising from regulatory decisions, which serve to demonstrate the shortcomings of the system. The evidence presented extends to the application of a mathematical model developed for assessing outcomes in the SIA process. This model has some value as a tool in assessing regulatory outcomes in situations where marginal changes can alter externalised impacts
TALKING TO, FOR AND ABOUT THE TV: AN ANALYSIS OF NFL FANS’ DISCOURSE
Get PDFUnderrepresented in sport discourse literature, the usually private interactions among television viewers provided the context for this research. The present study built directly on previous findings regarding TV viewer interaction, sport discourse, and speakers’ multiple identities by analyzing the linguistic features of interactions among four male family members while watching televised football in their home. Participants used prosodic features to frame utterances while taking on the voice of fan, coach, or commentator and talking to, for, or about the TV. In general, these viewers talked ‘to’ the TV as fans and coaches, ‘for’ the TV as commentators, and ‘about’ the TV in all three roles. The findings are of potential interest to researchers as well as marketing and advertising companies
CYBER CRIME
Get PDFCyber Crime & Warfare, Peter Warren and Michael Streeter, Hodder & Stoughton, London, UK, 2013 ISBN 9781444189988 Price £8.99 pbCybercrime – The Psychology of Online Offenders, Grainne Kirwan and Andrew Power, Cambridge University Press, Cambridge, UK, 2013 ISBN 978-0521180214 Price £23.99 pb
MORAL CRUSADES IN AN AGE OF MISTRUST: THE JIMMY SAVILE SCANDAL
Get PDFFrank Furedi’s exposition of the Jimmy Savile scandal is a self-styled offer of a “sociologically informed explanation” of the drama, as it unfolded. Its publication date of 2013 is significant, because even a year is a long time in the dismal saga of child abuse revelations in 21st century Britain