VictorJuiz/thesis huggingface dataset:
The public-private nature of charity law in England and Canada
Keywords: England and Wales
charity law
Canada
public law-private law divide

This thesis examines various aspects of English and Canadian charity law in terms of their relationship with the contested categories of ‘public law’ and ‘private law’. It argues that the law of charities can be regarded as a hybrid legal discipline in both a general or categorical sense, and in the context-specific or functional sense that both the conditions for obtaining charitable status, and the regulation of the conduct of charities and their trustees, are continually being adjusted in such a way as to maintain in a broad sense a functional equilibrium between individual project pursuit and collective project pursuit; that is to say, an equilibrium between the protection of the autonomy of property-owning individuals to control and direct their own wealth, and the furtherance of competing public interests or visions of the good.
After sketching out the history and nature of the common law charities tradition and the contemporary English and Canadian regulatory regimes, the thesis pursues its analytical and comparative hypotheses by examining two important features of English and Canadian charity law, the public benefit doctrine and the rules of locus standi that determine who may seek relief for misapplications of charity property. It then addresses the comparatively modern issue of the governmental co-optation of charitable resources, considering to what extent modern pressures associated with the retrenchment of welfare states threaten to destabilize charity law’s hybrid equilibrium in EW and Canada.
The thesis then turns to the emerging phenomenon of social enterprise, arguing that shifts to charity law’s functional equilibrium may explain the emergence of this ‘post-charitable’ legal form. The thesis concludes with some observations on the hybrid nature of the law of charities, and on the different functional equilibriums between individual project pursuit and collective project pursuit that have been reached by English and Canadian charity law.
The good consideration rule: an enrichment explanation
Keywords: Restitution
Good Consideration
Unjust Enrichment

This thesis investigates what the correct justification in principle for the good consideration rule is. It concludes that the answer to that enquiry lies within the elements that complete a cause of action in unjust enrichment. On the best interpretation, the good consideration rule is an enrichment qualification. The defendant’s prima facie enrichment through the receipt of a benefit is balanced off by the discharge of an obligation owed to the defendant. In net terms therefore, the defendant is not enriched. However, this reasoning is conditional on the acceptance of two prior premises.
First, the good consideration rule and the legal obligation qualification are distinct restrictions on claims in unjust enrichment. Two features in particular distinguish them: (a) the operation of a legal obligation between the claimant and the defendant; (b) the fact that the payment was intended to discharge a debt owed to the defendant. This thesis concerns the good consideration rule alone.
Secondly, in evaluating the defendant’s enrichment, conditionally related disenrichments must be accounted for (the ‘net benefit approach’). Thus, when the defendant receives a benefit on the condition shared between the parties that the defendant will in turn suffer a disenrichment, the defendant’s true enrichment is the difference between those values.
At first blush, there are at least three major objections to the enrichment thesis — the decision of the High Court of Australia in Roxborough, the House of Lords’ decision in Deutsche Morgan and the law on restitution of mistaken payments made to discharge unenforceable debts. On closer examination however, all three can be overcome.
Finally, the enrichment thesis fares better than its rival explanations in accounting for the features of the good consideration rule. The ensuing doctrinal consequences are also largely in line with the prevalent judicial and academic thinking on the good consideration rule.
Sir William Cornwallis the Younger (c.1579-1614) and the emergence of the essay in England
Keywords: essays
history of reading
Cornwallis
marginalia
Florio
Montaigne
rhetoric

This thesis provides a full-length critical treatment of the Essayes (1600-01) of Sir William Cornwallis (c.1579-1614). Cornwallis' Essayes are the first examples of the ‘familiar’ essay in English: to which the rhetorical shaping of persona and the use of the personal voice are central. This is the first such study of Cornwallis since the first half of the twentieth century, and situates his Essayes within their cultural, social, and material contexts. The thesis draws upon previous work on Cornwallis and his Essayes from the 1930s and 1940s, but also on recent developments in early-modern English studies, especially in the fields of the history of rhetoric and the history of reading. The thesis challenges the assumptions behind two major critical approaches to the early-modern essay: firstly that it is a form in which the personal voice can be unambiguously expressed, and secondly that it is an essentially unoriginal genre which is more closely related to reading than to writing. This thesis qualifies these approaches, while demonstrating that the origins of each are found in the rhetorical practices of early English essays. This thesis argues however that Cornwallis’s essays are elaborate fusions of classical commonplaces, humanistic rhetoric, and ethical theories of how to live, resulting from complex interactions between different strands of humanistic educative practices, and that Cornwallis’s use of the personal voice is shaped by ethically-inflected rhetorical theories of affect and imitation. The thesis further attempts to think about how essays were being read in this period, and to do so offers a study of the material traces of reading, in the form of annotations and commonplace books, left by early-modern readers of John Florio’s English translation of Montaigne (1603).
'Exile-and-return' in medieval vernacular texts of England and Spain 1170-1250
Keywords: Exile; anglo-norman literature; medieval spanish literature; romance; epic; comparative literature; medieval studies

The motif of 'exile-and-return' is found in works from a wide range of periods and linguistic traditions. The standard narrative pattern depicts the return of wrongfully exiled heroes or peoples to their former abode or their establishment of a superior home, which signals a restoration of order. The appeal of the pattern lies in its association with undue loss, rightful recovery and the universal vindication of the protagonist. Though by no means confined to any one period or region, the particular narrative pattern of the exile-and-return motif is prevalent in vernacular texts of England and Spain around 1170–1250. This is the subject of the thesis. The following research engages with scholarship on Anglo-Norman romances and their characteristic use of exile-and-return that sets them apart from continental French romances, by highlighting the widespread employment of this narrative pattern in Spanish poetic works during the same period. The prevalence of the pattern in both literatures is linked to analogous interaction with continental French works, the relationship between the texts and their political contexts, and a common responses to wider ecclesiastical reforms. A broader aim is to draw attention to further, unacknowledged similarities between contemporary texts from these different linguistic traditions, as failure to take into account the wider, multilingual literary contexts of this period leads to incomplete arguments. The methodology is grounded in close reading of four main texts selected for their exemplarity, with some consideration of the historical context and contemporary intertexts: the Romance of Horn, the Cantar de mio Cid, Gui de Warewic and the Poema de Fernán González. A range of intertexts are considered alongside in order to elucidate the particular concerns and distinctive use of exile-and-return in the main works.
Technology, human capital and efficiency in manufacturing firms
Keywords: human capital
technology
production function
manufacturing firms

Accounting for output per worker differences across countries has been an ongoing topic of research in economics. This thesis expands upon standard approaches by allowing for technological heterogeneity and exploiting firm and worker level data to determine the microeconomic sources of variation in both productivity and earnings.
An intercontinental comparison using production functions for the Ghanaian and South Korean manufacturing sectors in Chapter 2 finds, in contrast to the conclusions of much of the macroeconomic literature, that there is no difference in total factor productivity (TFP). The microeconomic sources of the difference in value added per worker lie within the technology of firms, which is defined as the way in which inputs are used. Two important dimensions of this difference are the larger role of material inputs and the much lower rate of return to schooling in Ghana.
In Chapter 3 a more general specification investigates intra-African variation in production, which is much smaller than the intercontinental difference. The pattern of cross-country heterogeneity is that, as GDP per capita rises, the relative input of materials falls, those of capital and labour rise and the returns to education increase. Differences in TFP are limited.
Possible sources of the low returns to schooling in Ghana are investigated in Chapter 4 using earnings and production functions. Conditional upon selection into occupations, the only group of workers for whom education appreciably increases earnings are those employed in skilled jobs with more than ten years of education. The evidence is consistent with a lack of technological sophistication being the source of these low returns.
Investment in new production processes by firms will increase the return to education and raise incomes and output. Reducing the share of intermediate inputs in production is key to the transition from low to high productivity activities. Technology is the critical element that can explain the performance of manufacturing firms across countries.
Transcription regulation of Nrp1 during endothelial cell differentiation
Keywords: Nrp1
VEGF
coronary
artery
vascular
FoxC2
enhancer
endothelial cell
vein
transcription regulation
Etv2

Various diseases, including cancer, stroke and heart attack, are associated with disruption of the vascular system. However, lack of a profound understanding of the transcription regulation during vascular development hinders the formation of effective molecular intervention strategies targeting angiogenesis. Here we describe an enhancer of Neuropilin1 (Nrp1) from the second intron of the gene that directs arterial and coronary endothelial cell-specific expression. Mice transgenic for either human or mouse sequences of the Nrp1in2 enhancers drove expression of the LacZ reporter gene specifically in the endothelial cells within the arterial compartment from early in development, while no expression was detected in veins. In addition, the hNrp1in2 enhancer directed expression to the endothelial cells in the developing coronary vasculature, with the initial expansion from around the sinus venosus at E11.5, and eventually contributed to the capillary, venous and arterial compartments of the coronary vessels but not the endocardium. This expression pattern is consistent with that reported in the Apelin-nlacZ line (Red-Horse et al., 2010), making the Nrp1 enhancer the first identified mammalian regulating enhancer of the coronary endothelial cell. Phylogenetic footprinting, and a tissue culture reporter assay suggested that this enhancer contains a 184bp minimal core region hNrp1in2peakA2 that recapitulates the expression profile of the full length enhancer. hNrp1in2peakA2 has conserved and in vitro validated recognition sites for Gata, Ets, and Fox. The validated Fox and Ets sites form a functional FOX:ETS motif, and the FOX:ETS motif is responsible for synergistic activation ofthe enhancer by FoxC2 and Etv2 in reporter assays. Mutation introduction to the functional Ets sites or compound ablation of the Gata and Fox site in hNrp1in2peakA2 result in total loss of vascular expression, in terms of both arterial and coronary expression. The Fox, Ets and Gata recognition sites may be sufficient to achieve arterial- and coronary- specific expression of the hNrp1in2peakA2.
The role of IL-33 and ST2 in early pregnancy
Keywords: IL-33
placenta
first trimester
ST2

Regulation of the growth and differentiation of trophoblast cells is critical for successful embryo implantation and placentation. Cytokines are key players in these processes, as well as modulating the maternal immune response to prevent rejection of the conceptus. This thesis focused on the investigation of the cytokine interleukin (IL) - 33 and its receptor, ST2. ST2 has two isoforms, a functional cell surface receptor (ST2L) and a soluble decoy receptor (sST2). Previous work in this laboratory had shown that the human placenta expresses both IL-33 and sST2 at term. The aim of this thesis was to investigate IL-33 and ST2 in early pregnancy, the time when trophoblast is at its most active, with a view to better understanding their role. IL-33 and ST2 mRNA and protein were examined in 14 first trimester placentas from 6-12 weeks of gestation. IL-33 was localized to cells in the villous stroma, whereas ST2 was present in the syncytiotrophoblast, villous cytotrophoblast and the invasive extravillous cytotrophoblast of the cell columns. Secretion of sST2, but not IL-33, by the placenta was found. Investigation of pre-implantation embryos showed the presence of ST2, but not IL-33 protein. Decidualized endometrium was investigated as a potential source of IL-33 and sST2 at the maternal-fetal interface and, although mRNA for both was present, no protein could be found. The key finding was that sST2, rather than ST2L, was the predominant isoform in the placenta. This led us to reconsider the hypothesis that IL-33/ST2 interactions in the placenta are important for successful pregnancy and raised the possibility that they may have independent roles. Using trophoblast cell lines as a model, it was shown that sST2 binds to trophoblast cells, significantly inhibits their proliferation and stimulates their invasion in vitro. This is the first report of this novel role for sST2 in pregnancy. Thus these studies have shown that sST2 may play an important role in implantation and placentation through controlling trophoblast invasion.
Communists constructing capitalism: socio-economic uncertainty, Communist party rule, and China's financial development, 1990-2008
Keywords: China
Chinese Communist Party
economic sociology
capitalism
financial governance

To what extent does China's experience of economic reform since 1989 compel a reconsideration of the ontological foundations of contemporary capitalist development? China's political economy remains characterized by a unique and resilient political structure (the Chinese Communist Party) that penetrates both 'private' (market) and 'public' (state) organizations. The conceptual rootedness of contemporary theories of comparative and international political economy in a distinctly Western historical experience of capitalist development hinders their ability to understand Chinese capitalism on its own terms—as historically, culturally, and globally embedded. To generate greater analytic traction in understanding China's otherwise paradoxical constellation of actors and dynamics, I argue that contemporary capitalism should be studied as a set of mechanisms for managing and exploiting socio-economic uncertainty, rather than according to the binary logics of state regulation and market competition. These mechanisms can be conceptualized as an overarching risk environment. On this basis, I trace how the cognitive frames, social institutions, and relational networks that emerged within the 'socialist market economy' in China's post-Tiananmen financial system have placed the Chinese Communist Party at the nexus of the state and the market. I argue that specific ideas emerged about how to manage the flow of capital, playing a significant role in underpinning expectations of financial growth and stability. During this period the financial system underpinned the CCP's capacity to both manage and exploit socio-economic uncertainty through the path of reform, forming a central explanatory factor in a developmental trajectory marked by a trifecta of rapid economic growth, macroeconomic stability, and deepening socio-economic imbalances. Rather than viewing the path of financial reform in China solely in terms of 'partial' or 'failed' free- market reform, it thus becomes possible to cast China's development in a new light as the product of a more concerted vision of how the financial system would enable a mode of economic development that combined the drive for capital accumulation with the distinctive socio-political circumstances of post-1989 China.
Applications of focal-series data in scanning-transmission electron microscopy
Keywords: Scan-noise
Focal-series

Since its development, the scanning transmission electron microscope has rapidly found uses right across the material sciences. Its use of a finely focussed electron probe rastered across samples offers the microscopist a variety of imaging and spectroscopy signals in parallel. These signals are individually intuitive to interpret, and collectively immensely powerful as a research tool. Unsurprisingly then, much attention is concentrated on the optical quality of the electron probes used. The introduction of multi-pole hardware to correct optical distortions has yielded a step-change in imaging performance; now with spherical and other remnant aberrations greatly reduced, larger probe forming apertures are suddenly available. Probes formed by such apertures exhibit a much improved and routinely sub-Angstrom diffraction-limited resolution, as well as a greatly increased probe current for spectroscopic work.
The superb fineness of the electron beams and enormous magnifications now achievable make the STEM instrument one of the most sensitive scientific instruments developed by man, and this thesis will deal with two core issues that suddenly become important in this new aberration-corrected era. With this new found sensitivity comes the risk of imaging-distortion from outside influences such as acoustic or mechanical vibrations. These can corrupt the data in an unsatisfactory manner and counter the natural interpretability of the technique. Methods to identify and diagnose this distortion will be discussed, and a new technique developed to restore the corrupted data presented. Secondly, the subtleties of probe-shape in the multi-pole corrected STEM are extensively evaluated via simulation, with the contrast-transfer capabilities across defocus explored in detail. From this investigation a new technique of STEM focal-series reconstruction (FSR) is developed to compensate for the small remnant aberrations that still persist – recovering the sample object function free from any optical distortion.
In both cases the methodologies were developed into automated computer codes and example restorations from the two techniques are shown (separately, although in principal the scan-corrected output is compatible with FSR). The performance of these results has been quantified with respect to several factors including; image resolution, signal-noise ratio, sample-drift, low frequency instability, and quantitative image intensity. The techniques developed are offered as practical tools for the microscopist wishing to push the performance of their instrument just that little bit further.
Quantitative study of Clostridium difficile transmission using extensive epidemiological data and whole genome sequencing
Keywords: whole genome sequencing
Clostridium difficile
transmission

Clostridium difficile is a leading healthcare-associated infection, which causes diarrhoea, and is almost exclusively precipitated by antibiotic exposure. Traditionally C. difficile infection (CDI) has been considered predominantly transmitted within hospitals. However, endemic spread hampers identification of the source of infections, and therefore control and prevention of disease.
A cohort of consecutive hospital and community CDI cases in Oxfordshire from September 2007 to March 2011 was investigated. For each case hospital admission, ward movement and demographic data were available allowing contact events between cases to be reconstructed. Initially 944 cases to March 2010 underwent multilocus sequence typing (MLST), subdividing the endemic cases into 69 distinct lineages and demonstrating unexpectedly that ward-based contact with known symptomatic CDI cases only accounts for <25% of disease.
To better determine the extent of transmission arising from symptomatic patients, irrespective of the route transmission, isolates from 1223 cases to March 2011 underwent whole genome sequencing. Serially sampled patients with recurrent or on-going disease were used to estimate rates of C. difficile evolution and within-host diversity and to show 0-2 single nucleotide variants (SNVs) are expected between transmitted isolates obtained <124 days apart (95% prediction interval). Mixed infection with more than one strain was investigated, but probably plays only a minor role in onward transmission.
In the Oxfordshire CDI cohort, 333/957 (35%) CDI from April 2008 – March 2011 were within 2 SNVs of ≥1 previous case since September 2007 (consistent with transmission). 428/957 (45%) were >10SNVs from all previous cases: these distinct subtypes continued to be identified consistently throughout the study, suggesting cases arise from a considerable reservoir of C. difficile. Surprisingly, declines in the incidence of genetically-related CDI were similar to those in genetically distinct CDI suggesting interventions not just targeting symptomatic individuals, e.g. antimicrobial stewardship, have played a significant role in recent CDI declines.
Finally, the feasibility of studying asymptomatic inpatients as potential source of the unexplained transmission was investigated.
This thesis provides convincing evidence, in a setting with typical CDI incidence and infection control practice, that only the minority of CDI arises from other symptomatic cases. It demonstrates that much CDI arises from genetically diverse reservoirs, with each exposure resulting in relatively few secondary cases. Future control strategies therefore need to focus on identifying these reservoirs, one of which is plausibly asymptomatic inpatients, and also on interventions that prevent the transition from exposure and colonisation to disease, such as antimicrobial stewardship.