125 research outputs found

    Rethinking the Common Intention Constructive Trusts in Stack v Dowden and Jones v Kernott – should the Resulting Trusts be preferred?

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    Yee Ching Leung takes the two landmark cases, Stack v Dowden [2007] UKHL 17 and Jones v Kernott [2011] UKSC 53, as starting points to consider the new Common Intention Constructive Trust approach in dealing with the issue of how the beneficial interest of a property is to be shared between two separating cohabitants. The article analyses whether this new approach should be preferred over the traditional Resulting Trust approach. The author explains the two approaches and gives three arguments in support of the Resulting Trust approach. First, it provides a greater degree of certainty, which is crucial in property law. Secondly, the traditional approach is more coherent in principle when comparing to the Common Intention Constructive Trust approach. Thirdly, the author argues that the Resulting Trust approach would not leave the discretion of judges unconfined. Toward the end of the article, the author gives two brief replies to the critics of the Resulting Trust approach. However, the Common Intention Constructive Trust approach is now the law of England and whether the Resulting Trust approach will return remains to be seen

    Law, foreign direct investment and economic development in Taiwan

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    This research looks at the legal regime governing foreign direct investment (FDI) in Taiwan, and at the interaction between the Government's economic policies, legal reform and FDI in the economic development of Taiwan. The research for this thesis is focused on the period of 1945 to the present; however, a study of the pre-1945 period is provided as a basis for analysing the post-1945 developments. There are three principal aims of this thesis. First, the thesis is designed to illustrate how the economic success of Taiwan challenges traditional views put forward in development theories and in law and development theories, in particular. Secondly, the thesis considers the role of law in the development process. By examining the evolution and operation of the FDI legal regime in Taiwan in its economic, social, political and historical context, this research suggests that the role of law is as a 'doorkeeper' for a country's development. If consistent with a public-interest-oriented economic policy, an appropriate and wellconsidered legal regime can help a country's development without risking its economic sovereignty. Finally, this thesis examines Taiwan's current FDI regime for its appropriateness. Using international law as a reference-point, a detailed analysis is made of Taiwan's current FDI laws. The thesis suggests that certain of these laws are out of date and that further legal reform is required. The thesis concludes by slightly modifying the developmental model for law and FDI which is put forward in Chapter 1, in order to emphasise the important role of government economic policy in Taiwan's development. It is submitted that the Government's choice of development strategy in each of Taiwan's different development phases has been crucial to Taiwan's success. The thesis also concludes that an appropriate legal regime remains important for a country's development regardless of its development status

    Optimization under uncertainty in radiation therapy

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    Thesis (Ph. D.)--Massachusetts Institute of Technology, Sloan School of Management, Operations Research Center, 2007.This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.Includes bibliographical references (p. 175-182).In the context of patient care for life-threatening illnesses, the presence of uncertainty may compromise the quality of a treatment. In this thesis, we investigate robust approaches to managing uncertainty in radiation therapy treatments for cancer. In the first part of the thesis, we study the effect of breathing motion uncertainty on intensity-modulated radiation therapy treatments of a lung tumor. We construct a robust framework that generalizes current mathematical programming formulations that account for motion. This framework gives insight into the trade-off between sparing the healthy tissues and ensuring that the tumor receives sufficient dose. With this trade-off in mind, we show that our robust solution outperforms a nominal (no uncertainty) solution and a margin (worst-case) solution on a clinical case. Next, we perform an in-depth study into the structure of different intensity maps that were witnessed in the first part of the thesis. We consider parameterized intensity maps and investigate their ability to deliver a sufficient dose to the tumor in the presence of motion that follows a Gaussian distribution. We characterize the structure of optimal intensity maps in terms of certain conditions on the problem parameters.(cont.) Finally, in the last part of the thesis, we study intensity-modulated proton therapy under uncertainty in the location of maximum dose deposited by the beamlets of radiation. We provide a robust formulation for the optimization of proton-based treatments and show that it outperforms traditional formulations in the face of uncertainty. In our computational experiments, we see evidence that optimal robust solutions use the physical characteristics of the proton beam to create dose distributions that are far less sensitive to the underlying uncertainty.by Timothy Ching-Yee Chan.Ph.D

    The spatial and temporal distribution of heavy metals in sediments of Victoria Harbour, Hong Kong

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    Author name used in this publication: Chloe Wing-yee TangAuthor name used in this publication: Carman Ching-man Ip2007-2008 > Academic research: refereed > Publication in refereed journalAccepted ManuscriptPublishedGreen (AAM

    Mandibular deformation in a partially dentate mandible with and without restoration with a fixed implant restoration

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    Background:The human mandible, like all long bones in the body, deforms when loaded. The force exerted by the muscles of mastication during various movements on the body of the mandible has been suggested to play a significant role in mandibular flexure. The effect of the lateral pterygoid muscle on mandibular deformation is controversial with some authors believing that the location of insertion and action of the inferior head of the lateral pterygoid muscle contributes most to mandibular deformation during opening. Restoration of mandibular edentulous areas with implant prostheses is increasing in popularity. Osseointegrated implants behave differently to natural teeth due to the absence of a periodontal ligament, and therefore strain introduced to an implant is transmitted directly to the body of the mandible. Different stages of implant treatment, including implant placement, impression technique and the material used to fabricate the implant prosthesis can be affected by mandibular flexure and alter the outcome of implant treatment. The significance of mandibular flexure in implant dentistry, however, is unclear at this time and it is hoped that this study will contribute to knowledge in this area. Aim:To measure the extent of mandibular deformation and strain distribution within a mandible model restored with a screw-retained implant prosthesis. Methodology:Two Certain® Biomet 3i implants were placed in a partially dentate resin mandible model and four cobalt-chromium alloy implant fixed frameworks were constructed. Eight strain gauges were attached to the body of the mandible and eight adjacent to the implants. The mandible was suspended from a customized jig simulating the temporomandibular joint with elastic cords that enabled simulation of the glenoid fossa and the muscles of mastication. Using a universal testing machine, mastication was simulated to generate a unilateral 50 N force on the occlusal surface of the mandibular first molar. The strains were continuously recorded using a computer, first without the implant framework, then during and after framework tightening to 20 Ncm. Results:Under unilateral loading without the implant framework in place, the area of strain distribution was similar to that of a finite element analysis of a human mandible developed at the School of Dentistry, University of Otago. The results showed that the epoxy resin mandible model used in this study behaved similarly to a human mandible under unilateral loading. Unilateral loading of the epoxy resin mandible model with the implant framework in place showed a strain distribution on the body of the mandible model that was similar to that without implant frameworks. Each of the four frameworks showed a different pattern of peri-implant strain distribution after they were tightened to the implants. The difference in strain could be contributed by variation in casting conditions and solidification shrinkage. The strain distribution patterns at the peri-implant level more closely resembled the strain distribution after implant framework placement. Peri-implant strain was framework-specific depending on the extent of initial misfit of the individual framework. Conclusions:This study showed that mandibular flexure occurred during unilateral loading. The amount of peri-implant strain during unilateral loading before implant framework placement was within the limits that the mandible is able to repair micro-damage occurring within the body of the mandible and around the implants. Placement of misfitting implant frameworks affected the strain distribution at peri-implant level. Unilateral loading, combined with the strain generated by mandibular flexure, as well as the existing strain resulting from a misfitting implant framework, can increase the strain at peri-implant level. This amount of strain could be harmful to the peri-impant bone during cyclic loading. The clinical implications of the results of this study are unclear at this stage and further research is required

    Mandibular deformation in a partially dentate mandible with and without restoration with a fixed implant restoration

    No full text
    Background:The human mandible, like all long bones in the body, deforms when loaded. The force exerted by the muscles of mastication during various movements on the body of the mandible has been suggested to play a significant role in mandibular flexure. The effect of the lateral pterygoid muscle on mandibular deformation is controversial with some authors believing that the location of insertion and action of the inferior head of the lateral pterygoid muscle contributes most to mandibular deformation during opening. Restoration of mandibular edentulous areas with implant prostheses is increasing in popularity. Osseointegrated implants behave differently to natural teeth due to the absence of a periodontal ligament, and therefore strain introduced to an implant is transmitted directly to the body of the mandible. Different stages of implant treatment, including implant placement, impression technique and the material used to fabricate the implant prosthesis can be affected by mandibular flexure and alter the outcome of implant treatment. The significance of mandibular flexure in implant dentistry, however, is unclear at this time and it is hoped that this study will contribute to knowledge in this area. Aim:To measure the extent of mandibular deformation and strain distribution within a mandible model restored with a screw-retained implant prosthesis. Methodology:Two Certain® Biomet 3i implants were placed in a partially dentate resin mandible model and four cobalt-chromium alloy implant fixed frameworks were constructed. Eight strain gauges were attached to the body of the mandible and eight adjacent to the implants. The mandible was suspended from a customized jig simulating the temporomandibular joint with elastic cords that enabled simulation of the glenoid fossa and the muscles of mastication. Using a universal testing machine, mastication was simulated to generate a unilateral 50 N force on the occlusal surface of the mandibular first molar. The strains were continuously recorded using a computer, first without the implant framework, then during and after framework tightening to 20 Ncm. Results:Under unilateral loading without the implant framework in place, the area of strain distribution was similar to that of a finite element analysis of a human mandible developed at the School of Dentistry, University of Otago. The results showed that the epoxy resin mandible model used in this study behaved similarly to a human mandible under unilateral loading. Unilateral loading of the epoxy resin mandible model with the implant framework in place showed a strain distribution on the body of the mandible model that was similar to that without implant frameworks. Each of the four frameworks showed a different pattern of peri-implant strain distribution after they were tightened to the implants. The difference in strain could be contributed by variation in casting conditions and solidification shrinkage. The strain distribution patterns at the peri-implant level more closely resembled the strain distribution after implant framework placement. Peri-implant strain was framework-specific depending on the extent of initial misfit of the individual framework. Conclusions:This study showed that mandibular flexure occurred during unilateral loading. The amount of peri-implant strain during unilateral loading before implant framework placement was within the limits that the mandible is able to repair micro-damage occurring within the body of the mandible and around the implants. Placement of misfitting implant frameworks affected the strain distribution at peri-implant level. Unilateral loading, combined with the strain generated by mandibular flexure, as well as the existing strain resulting from a misfitting implant framework, can increase the strain at peri-implant level. This amount of strain could be harmful to the peri-impant bone during cyclic loading. The clinical implications of the results of this study are unclear at this stage and further research is required

    Prototipo de Control y Monitoreo para una Máquina Campaneadora IPM BA500

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    Proyecto de Graduación (Bachillerato en Ingeniería Electrónica) Instituto Tecnológico de Costa Rica. Escuela de Ingeniería Electrónica, 2001.The traditional coupling technology for PVC water pipes consists in attaching a belling end with a normal end of another tube, applying paste for PVC. However it has been reached to the conclusion that this method is not ideal due to the tendency to create leaks because of pressure. Therefore, research and development works led to what is known as the RIEBER System. This system consists basically on a special belling of the PVC tubes, where metallic packing covered with rubber is incorporated. This allows joining to tubes without the necessity to use paste for PVC, the two ends are coupled by means of pressure. At the moment most of the belling machines are designed to do belling without packing. For this reason, it becomes necessary to carry out a conversion in these machines. Additionally, to implement the conversion of these machines to the new system it is appealed to the employment of several makers PLC´s. In general, incompatibilities exist between the I/O interfaces among PLC´s. In this project the control and simulation of a belling machine with high level programming (InControl and InTouch) was developed. This allows reusing the generated code without a great effort. Avoiding the dependence of the PLC manufacturers and their incompability of programming languages, that causes of having to generate new code for the control of a specific process. The software used in the project also offers programming flexibility, since it allows the use and interaction of diverse programming languages like: Relay Logic Ladder (RLL), Structured text and Sequential Function Chart (SFC).La tecnología tradicional de acople en tuberías de PVC para agua consiste en empatar un extremo campaneado con el extremo normal de otro tubo y aplicando pegamento para PVC. Sin embargo se ha llegado a la conclusión de que este método de acoplamiento no es ideal debido a la tendencia a crear fugas por causa de presión. Entonces labores de investigación llevaron a lo que se conoce como sistema RIEBER (Junta Integrada), el cual consiste básicamente en un campaneado especial de los tubos PVC, donde se incorpora un empaque metálico revestido de hule, esto permite el acople entre tubos sin necesidad de pegamento para PVC, esto es, acoplando los dos extremos mediante presión. Actualmente la mayoría de las máquinas campaneadoras fueron diseñas para realizar campaneo sin empaque, por lo que se hace necesario realizar una conversión en dichas máquinas. Adicionalmente, para realizar la conversión de estas máquinas a este nuevo sistema se recurre al empleo de PLC´s de diversos fabricantes, y por lo general existen incompatibilidades entre las interfaces de I/O entre PLC´s. Con este proyecto se desarrolló el control y simulación de una máquina campaneadora con programas de alto nivel (InControl e InTouch) Esto permite reutilizar el código generado sin un gran esfuerzo; a diferencia de un PLC, que dependiendo de una marca a otra; la incompatibilidad de lenguajes ocasiona el problema de tener que volver a generar el código para el control de un proceso específico, partiendo casi de cero. Además ofrece la flexibilidad de programación, ya que permite la utilización e interacción de diversos lenguajes de programación como: lógica en escalera (RLL), texto estructurado y SFC.Instituto Tecnológico de Costa Rica. Escuela de Ingeniería Electrónica. Automatización Industrial de Centroamérica S.A

    Case study : crime trends in Hong Kong

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    Hong Kong has become one of the world’s safest metropolises. The low official crime and victimization rates – confirmed by both government and UN crime victim surveys is ample evidence. Hong Kong’s anti-crime efforts and support of law enforcement is reflected in the relatively high incarceration rate (176.8 in 2005 per 100,000) and a large police service (486.6 police per 100,000 in 2000) An average of 10% of public expenditure is devoted to security. The role of government and other factors in contributing to a relatively safe environment merits discussion about what can be learnt from the HK experience. \ud \ud Cultural factors such as utilitarian familism, Confucianism and extended kinship structures are often cited as contributing factors to the low crime rates in HK. HK citizens are conformist and public attitudes favor a government that is hostile to crime and is generally supportive of severe punishment to adult offenders. Although the death penalty was abolished in 1992 HK had been a defacto abolitionist jurisdiction since the 1960’s. Nevertheless many offences, such as firearm-related offences, often result in lengthy sentences when compared to sentences given in Western countries for like offences. \ud \ud HK has not always been safe and suffered several civil disturbances during the 1950s and 1960s and crime rates for homicide and robbery were not particularly low compared to other countries in the same period. Indeed, HK crime rates continued to rise throughout the 1960s and 1970s as the colony underwent rapid modernization and the proportion of the youthful population surged. Positive attitudes to the reporting of crime has been associated with, the demise of the symbiosis between organized crime [triads] and elements of the police following special anti-corruption measures, also contributed to increases in the reported crime rate during this period. Crime rates, however, reached a plateau during the 1980s and thereafter have generally declined.\ud \ud The labour and ‘Cultural Revolution’ inspired disturbances of the 1950s and 1960s initiated social-welfare responses from the British colonial government, which hitherto had long upheld a ‘minimal state doctrine’ and unfettered ‘free trade’. The 1970s marked the start of genuine localization and transformation of the Hong Kong Police (HKP) from an alien force that served British colonial hegemony to one that served the HK community. After the transfer of sovereignty to the People’s Republic of China (PRC) in 1997 the HKP operated in the context of the ‘one country two systems’ arrangements for the new HK Special Administrative Region of the PRC.\ud \ud \ud In summary, the reasons for HK’s low crime rate are a complicated mixture of factors that include a wealthy complaint pro-social population, ethnic homogeneity, active anti-corruption strategies, Confucianism based family-oriented values, a large professional police force, strict gun laws, effective suppression of cross-border crime, high levels of formal or informal surveillance, and severe punishment of the convicted

    Clinical whole-exome sequencing reveals a common pathogenic variant in patients with CoQ10 deficiency: An underdiagnosed cause of mitochondriopathy

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    [Background]: Primary CoQ deficiency occurs because of the defective biosynthesis of coenzyme Q, one of the key components of the mitochondrial electron transport chain. Patients with this disease present with a myriad of non-specific symptoms and signs, posing a diagnostic challenge. Whole-exome sequencing is vital in the diagnosis of these cases.[Case]: Three unrelated cases presenting as either encephalopathy or cardiomyopathy have been diagnosed to harbor a common pathogenic variant c.370G > A in COQ4. COQ4 encodes a key structural component for stabilizing the multienzymatic CoQ biosynthesis complex. This variant is detected only among East and South Asian populations.[Conclusions]: Based on the population data and our case series, COQ4-related mitochondriopathy is likely an underrecognized condition. We recommend including the COQ4 c.370G > A variant as a part of the screening process for mitochondriopathy in Chinese populations.This work was supported by the S.K. Yee Medical Foundation, Hong Kong

    恋母、弑父、召唤、告别 :黎紫书小说中恋母与恋子情结的主题研究 = Oedipus, patricide, evocation, farewell : a study of the Oedipus and Jocasta complex on Li Zishu’ s novels

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    弗洛伊德根据古希腊罗马神话伊底帕斯王子杀父娶母的情节提出“恋母情结”的概念。“恋母情结”又称“伊底帕斯情结”,是恋子情结溺养出的扭曲情感。在文学写作中,它除了是个敏感的素材外,更是作家的创作来源。作家得以将性心理发展过程中被压抑或无法满足的欲望,藉着艺术创作而得到纾解。创作,就这样成了作家继童年以后一次玩耍的继续与代替。正因为如此,弗洛伊德认为作者与作品的关系是息息相关的。在探讨作者与作品的课题上,本文以马华作家黎紫书的小说为研究对象,并以其短篇小说、及为主。这三篇小说除了同时出现“恋母”与“弑父”两大攸关“恋母情结”的主要元素外,也透漏着作者在文字中暗藏的写作动机:寻获不可得的替代性满足。 Sigmund Freud coined the term Oedipus complex from the myth of Oedipus. According to the myth, Oedipus had killed his father and married his own mother. Oedipus complex is a sensitive topic in literary writing and also the creative source of a author. Through writing, author expresses his desires. Freud considered a piece of creative writing as a continuation or substitute for the play of childhood. Because of this, he believed that the relationship between the author and his work was closely related. This thesis analyses three short stories about Oedipus and Jocasta complex of a Malaysian Chinese writer, Li Zishu, which is “Heaven’s Gate”, “The Streaker” and “We watched Lijima-Ai together ”. Lastly, this thesis discovered the writing motivation of author: in search of alternative gratification.Bachelor of Art
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