bluuebunny/crossref_metadata_2025 huggingface dataset:
INTERAÇÕES ENTRE SOCIEDADE, TECNOLOGIA E ESCOLA
Authors: Alonso e Santos Fernanda Henriques , De Lima Dias Maria Sara
Published: August 2020

O objetivo do presente artigo é apresentar as reflexões e conceitos a partir do referido referencial teórico, sem a pretensão de esgotar o tema, mas propondo aproximação inicial com o assunto tratado. As reflexões sobre a interação entre Educação, Trabalho e Tecnologia aqui apresentadas foram concebidas a partir da revisão bibliográfica do referencial teórico discutido na disciplina de “Educação Tecnologia e Sociedade”, do Programa de pós graduação em Tecnologia e sociedade (PPGTE) da Universidade Tecnológica Federal do Paraná (UTFPR). Esta disciplina aborda conceitos e aspectos da educação e sua interação com a sociedade e a tecnologia, fomentando discussões acerca dos novos paradigmas do conhecimento e seus impactos sobre o saber tecnológico, bem como discussões relacionadas às questões epistemológicas e éticas que envolvem a tecnologia, sua relação com o contexto da educação do trabalhador. O referencial teórico aqui apresentado destaca autores e pesquisadores da sociologia, da educação e do campo de Estudos Ciência Tecnologia e Sociedade (CTS). O artigo apresenta inicialmente a concepção de Educação a partir do “Quadro Teórico” de Bárbara Freitag, em seguida são apresentadas as concepções de Mariano Fernándes Enguita, que aborda a relação Educação-Trabalho, numa perspectiva da educação como processo de preparação para o trabalho. Por fim são apresentadas reflexões acerca da Tecnologia e suas interações com o campo da Educação e do trabalho a partir das reflexões dos autores Dermeval Saviani e Gaudêncio Frigotto. Conclui-se que historicamente os processos educacionais permanecem direcionados à preparação para o trabalho: o ensino como via de manutenção da ordem social, não com propósito de formar senso crítico. Palavras-chave: Educação; Trabalho; Ciência.
A LINGUAGEM DOCENTE COMO PROMOTORA DE AMBIENTES SAUDÁVEIS NOS CONTEXTOS DE ENSINO APRENDIZADO
Authors: Schubert Claudio , Gedrat Dóris Cristina , Vieira André Guirland , Alves Gehysa Guimarães
Published: August 2020

O presente ensaio teórico tem por objetivo refletir sobre a capacidade que o professor tem em produzir uma linguagem racionalmente elaborada e, assim, contribuir para o desenvolvimento de ambientes saudáveis na escola. A análise tem como foco a linguagem, especialmente a falada, na relação professor e aluno. O presente estudo revela que no processo de ensino aprendizado existe uma presença marcante da racionalidade unidirecional centrada no professor. A análise de três fatos noticiados pela mídia e repercutidos pelas redes sociais ilustra a tensão que se instalou na instituição educação e mostra que um novo paradigma, o que busca a consensualidade, se faz necessário. Essa nova forma de organizar o ambiente educacional é fortemente reivindicada pela Organização Mundial de Saúde, com a proposta da Escola Promotora da Saúde. Palavras-chave:ESCOLA PROMOTORA DA SAÚDE; DOCÊNCIA; COMUNICAÇÃO.
Uma nova paisagem açucareira: os técnicos versus os modos tradicionais de produzir açúcar na Argentina e no Brasil nas primeiras décadas do século XX
Authors: Meira Roberta Barros , Campi Daniel
Published: August 2020

O trabalho é uma pequena introdução sobre o papel dos técnicos na circulação de saberes nos espaços açucareiros. Nele, destacamos os trabalhos do engenheiro agrícola Pablo Lavenir El cultivo de la caña y la elaboración del azúcar en las províncias de Tucumán, Salta Y Jujuy (1901) e do engenheiro Augusto Ramos A indústria do açúcar em São Paulo (1902). O uso da História da Ciência nos permite perceber nessas obras não apenas os fatores de expansão da produção açucareira em áreas até então consumidoras ou secundárias. Mas, que a ciência que gerenciou os novos modelos de produção açucareira, resultou em uma cruzada contra os antigos métodos de cultivo e fabrico do açúcar e a favor de um ambicioso projeto de fortalecimento de uma recém-criada cultura açucareira científica e seus novos atores.
As relações de poder nos jogos olímpicos (1920- 2020): uma análise da participação das atletas brasileiras sob a perspectiva teórica de Norbert Elias
Authors: Braun Vieira Ana Flávia , Freitas Junior Miguel Archanjo de
Published: August 2020

Este artigo busca compreender os principais elementos dos processos históricos que contribuíram para os diferentes níveis de participação de atletas brasileiras nos Jogos Olímpicos entre 1920 e 2020. Para tanto, foram adotados conceitos desenvolvidos na teoria dos processos civilizadores e outros estudos de Norbert Elias, visando compreender as relações de poder entre os sexos e as consequências das novas configurações na dinâmica entre homens e mulheres. Nesse sentido, foram utilizados como fontes dados obtidos em documentos oficiais do Comitê Olímpico Internacional e do Comitê Olímpico Brasileiro, que possibilitaram o acesso à informações referentes a participação das esportistas brasileiras, como também a identificação das modalidades praticadas, e permitiram estudar os padrões socialmente desejáveis para as mulheres no esporte ao longo desde período, bem como as mudanças nas relações sociais e suas motivações. A interpretação histórico-sociológica proposta permitiu compreender que os avanços e retrocessos em relação à participação das mulheres nos esportes olímpicos – e na sociedade em geral – está relacionada à forma como o Estado se organiza e controla a violência, além de demonstrar que períodos autoritários são mais propícios para o aumento da desigualdade entre os sexos. Apesar da tendência de maior igualdade de oportunidades entre homens e mulheres nos esportes disputados por brasileiros nas Olimpíadas, ela não necessariamente se desenvolve de maneira homogênea em outras esferas da vida.
Da celebração à comoção: os discursos da imprensa escrita paulista em relação a uma célebre luta de boxe
Authors: Lise Riqueldi Straub , Cavichiolli Fernando Renato , Capraro André Mendes
Published: August 2020

O objetivo deste estudo consiste em explicitar as mudanças nos discursos da imprensa escrita paulista, acerca da capacidade pugilística de Benedicto dos Santos no confronto que realizou contra o campeão europeu dos pesos pesados de boxe, Ermínio Spalla. Tendo como fontes primárias os jornais da cidade de São Paulo, foi adotado os preceitos metodológicos preconizados por Luca (2011) para a análise das referidas fontes. Notou-se ao longo desse estudo, que a partir da confirmação do confronto de boxe entre dos Santos e Spalla a imprensa paulista noticiou amplamente vários aspectos relacionados ao evento. Um desses aspectos faz menção a capacidade física e técnica do pugilista brasileiro de enfrentar um lutador muito experiente e aprimorado técnicamente. Se em um primeiro momento, a imprensa escrita, considerava dos Santos inapto para tal desafio, em um segundo momento admitia que o lutador brasileiro possuia reais chances de obter a vitória sobre o contendor italiano, e por fim, ao noticiar a hospitalização de dos Santos, em decorrência dos golpes de Spalla, percebe-se outra mudança nos discursos, a de que esta luta nunca deveria ter aontecido devido a diferença física e técnica entre os dois lutadores.
Apresentação Dossiê História do Esporte
Authors: Capraro André Mendes , Freitas Junior Miguel Archanjo de
Published: August 2020

Apresentação Dossiê História do Esporte
The Relationship Between Academics’ Dark Triad Traits and Their Organizational Commitment in Physical Education and Sport
Authors: Sahin Mustafa Yasar , Ermis Sermin Agralı
Published: August 2020

The results of the recent studies on “dark triad” have caused this concept to become popular among the educational sciences. As the importance of these personality traits comes from the possibility of having an impact on students’ learning. Many researchers believe that teachers ‘personality traits may affect students’ learning processes in the future. So the main aim of this research is to examine the relationship between the dark triad traits of the academics and the organizational commitment dimensions. In the study conducted in the relational survey model, the Dark Triad Traits Scale developed by Paulhus & Williams (2002) and the Organizational Commitment Scale developed by Allen & Meyer (1990) were used as data collection tools. The sample of the research consists of 372 academics determined by random method. In the analysis of the data obtained from the scales, Pearson correlation coefficient was calculated to determine the level of relationship. As a result of the research, while a very low inverse relationship was determined between the emotional commitment of academics and personality traits of Machiavellianism and psychopathy, a moderate direct relationship was found between continuance commitment and the personality traits of Machiavellianism and psychopathy.
An Overview of the Agricultural Extension System in Egypt: The History, Structure, Modes of Operation and the Future Directions
Authors: Diab Ahmed M. , Yacoub Mohamed , AbdelAal Mohamed H.
Published: August 2020

The main purpose of the current manuscript is to review the agricultural extension system in Egypt. The information gleaned in this article could be useful for policymakers, extension administrators, and extension researchers to identify ways for improving educational services of devising training programs for audience and agents, approaches of farmers' participation, and schemes of policy development. More specifically the objectives of this study are to review the Egyptian agricultural extension system in terms of the: 1) the history of the Egyptian agricultural extension system, 2) the organizational structure of the Egyptian extension system, 3) types of agricultural extension and program delivery mechanisms in Egypt, 4) current situation of the Egyptian agricultural extension system, and 5) the possible future direction for the Egyptian agricultural extension system. A comprehensive review of gray literature was conducted to identify characteristics of the agricultural extension system in Egypt, relevant documents used including, foundation legislation, review and analysis of literature of international organizations as well as peer reviewed journal articles. The extension history, structure, and modes of operation were discussed, and the future directions were concluded.
ON THE LIABILITY OF TRAVEL AGENTS: CONSTRUCTION, IMPLIED TERMS AND VICARIOUS PERFORMANCE
Authors: Phang Andrew
Published: August 2020

ON THE LIABILITY OF TRAVEL AGENTS: CONSTRUCTION, IMPLIED TERMS AND VICARIOUS PERFORMANCE
CHIDLDREN'S RIGHTS OR PARENTAL PROPERTY
Authors: Welstead Mary
Published: August 2020

CHIDLDREN'S RIGHTS OR PARENTAL PROPERTY
BRINGING HOME THE EUROPEAN CONVENTION ON HUMAN RIGHTS
Authors: Woolf The Right Hon the Lord
Published: August 2020

BRINGING HOME THE EUROPEAN CONVENTION ON HUMAN RIGHTS
BATTERED WOMEN - IN FEAR OF LUC'S SHADOW
Authors: Edwards Susan
Published: August 2020

BATTERED WOMEN - IN FEAR OF LUC'S SHADOW
LORD DENNING AND JUDICIAL ACTIVISM
Authors: Kirby CMG Michael J
Published: August 2020

LORD DENNING AND JUDICIAL ACTIVISM
PAYING JUDGES: WHY, WHO, WHOM, HOW MUCH? NEILL LECTURE 2006
Authors: Beloff QC Michael J
Published: August 2020

My Lords, Ladies and Gentlemen, it is a great privilege for me to be invited to deliver the 5th Neill Lecture following in the footsteps of such legal giants of our time as Lord Bingham of Cornhill, Lord Woolf of Barnes, Lord Steyn and Lord Hoffman, just as the page followed in the footsteps of Good King Wenceslas in the snowy wastes of Bohemia. After four aces the Fellows of All Souls have clearly opted to play the Joker.Pat Neill, the honorand, is fit to be ranked with Tom and Harry, not to speak of Johann and Lenny, in the annals of the law although he abstained from taking judicial appointment in this country.  Instead, like a modern Pooh Bear, he became Lord High everything else, notably – I make a judicious selection - Warden of All Souls, Vice Chancellor of Oxford University, Chairman of the Press Council, Chairman of the Committee of Standards in Public Life and Treasurer of Gray’s Inn.
R v JAMES; R v KARIMI, COURT OF APPEAL, (CRIMINAL DIVISION) [2006] 1 ALL ER 759
Authors: Edwards Susan
Published: August 2020

Leslie Hall James was convicted, at Nottingham Crown Court on May 1 1979, of the murder of his wife, and sentenced to life imprisonment - a plea of provocation having failed. He had stabbed, punched and suffocated her following an argument. On the morning of the killing he had left work and gone to her home carrying a knife he borrowed from a colleague, he said, in order to cut a cork template. After killing her he went back to work returning again to the house during his lunch hour to change the locks. Later that afternoon he collected his daughter from school. The background to this killing was that Mrs James had left the matrimonial home in December 1978 and formed a relationship with another man (Mr Dutfield). The police had been called on several occasions to disturbances between Dutfield, the appellant and Mrs James.
EVANS v UNITED KINGDOM (APPLICATION NO. 6339/05) 7 MARCH 2006
Authors: Welstead Mary
Published: August 2020

A Woman’s Right to Motherhood?In 2000, a 29 year-old woman, Natallie Evans, and her partner, Howard Johnston who was aged 24, attended the Bath Assisted Conception Clinic, England to be treated together for infertility problems. During the course of the treatment, Natallie and Howard learned that she required an operation to remove her ovaries because of the presence of pre-cancerous tumours. The tumours were slow growing and she was informed that it would be possible to extract eggs from her ovaries prior to surgery, which could be fertilized in vitro (commonly known as IVF), providing she acted rapidly. The resultant embryos could be frozen for implantation at a later date.
MILLER v MILLER; McFARLANE v McFARLANE [2004] UKHL 24
Authors: Welstead Mary
Published: August 2020

Fairness Remains an Elusive Concept – Financial Provision on DivorceThe House of Lords in Miller and McFarlane sought to articulate principles which would enable the courts to exercise their discretionary powers under Part II of the Matrimonial Causes Act (MCA) 1973 in a consistent manner and provide a fair outcome for divorcing couples.The decision was greeted as a tour de force by some media sources, and as a gold diggers’ charter by others, for wives who abandoned, or were abandoned in, short-lived marriages. It has been variously described as just; groundbreaking; historic; principled; a landmark decision; a triumph for women; a disaster for wealthy men; and as a trigger for reform of the law relating to pre-nuptial agreements. A close analysis of the decision, however, suggests that some of these comments may be reflections of wishful hopes rather than reasoned responses to the actual reality of the judgment. Although it must be acknowledged that the House, on the basis of its construction of fairness, did take a significantly new approach to short marriages and to the purpose of periodical payments. The law relating to ancillary relief on divorce remains remarkably unchanged and problematic.
Re SA (Vulnerable Adult with Capacity: Marriage) ([2006] 1 FLR 867)
Authors: Welstead Mary
Published: August 2020

VULNERABLE ADULTS: THE INHERENT JURISDICTION AND THE RIGHT TO MARRYMs SA was an eighteen year-old deaf and mute young woman. She had minimal sight in one eye, the intellectual capacity of an early teenager, and the reading age of a seven year-old. Her family (mother, father and three brothers) came from a Pakistani Muslim background; they spoke primarily Urdu and Punjabi. Ms SA was neither able to lip-read nor understand either of these languages; her only means of communication was through British Sign Language (BSL) which she had learned in a specialist educational unit for deaf children. None of her family had learned BSL; thus, communication between Ms SA and her family was very limited. Her family wished to arrange, or possibly even force her into, a marriage in Pakistan. She was happy to have an arranged marriage but wanted the right to veto any potential husband.
This is my life
Authors: Denning Alfred
Published: August 2020

This is my life
TWO KINDS OF JUSTICE: HUMAN AND DIVINE, RANDOM THOUGHTS A PROPOS MILTON’S PARADISE LOST
Authors: Markesini Sir Basil
Published: August 2020

It is an honour to be asked to give the Denning Lecture and I must confess from the outset that I can never do justice to such a great man and jurist. I say that not out of modesty, being conscious of his great legacy, but also because I was fortunate enough to meet him, talk to him in extenso on several occasions, and even had the privilege of holding a chair that once bore his name. I shall return to him briefly at the end of this short talk but first I must explain here why I chose tonight’s subject.
TERRORISM, PROSCRIPTION AND THE RIGHT TO RESIST IN THE AGE OF CONFLICT
Authors: Muller QC Mark
Published: August 2020

This paper focuses on the international community’s response to the increased perceived threat of terrorism since 9/11 and how the so-called “war on terror” has affected our understanding of what constitutes terrorism. It briefly details some of the major legislative changes that have been enacted and examines the impact of counter-terror strategies on certain unresolved legal issues that have historically dogged the international community’s efforts to arrive at an internationally agreed definition of terror. This includes the relationship between terrorism and the right to self-determination, the emerging right to democracy, and the existence of a license to use force as a last resort against an oppressive regime. The paper explores how the failure to resolve the relationship between these international legal principles has seriously undermined the efficacy of certain proscription regimes adopted around the world. It examines whether proscription regimes are in danger of disproportionately interfering with certain fundamental freedoms thereby reducing the scope for conflict resolution between aggrieved parties engaged in violence around the world.
CIVIL LAW JURISDICTIONS AND THE ENGLISH TRUST IDEA: LOST IN TRANSLATION?
Authors: Sheedy James
Published: August 2020

This piece is a short discussion on the English; and more widely the common law concept of the trust and its traditional exclusion from civil law systems.  It seeks to unearth that the apparent distaste civil law systems have for the common law trust is rooted in each system’s respective attitude to rights in property and at least some degree of mistranslation.  This apparent gulf in understanding can be bridged by incorporating the trust into the more ancient Roman law concept of the patrimony, thereby making the trust sit more comfortably in civil law jurisdictions.  In bridging the divide, this new appreciation for the trust challenges us as common lawyers to reconsider the traditional common law premise of the trust as being less about proprietary interest as it is about personal rights and obligations.
RAISING OUR HEADS ABOVE THE PARAPET? SOCIETAL ATTITUDES TO ASSISTED SUICIDE AND CONSIDERATION OF THE NEED FOR LAW REFORM IN ENGLAND AND WALES
Authors: Dyer Karen
Published: August 2020

Death has been described as the last taboo. It is unsurprising therefore that those individuals who openly proclaim to desire death find themselves headline news. In October 2008, Debbie Purdy, who suffers with multiple sclerosis, challenged the legality of the failure of the Director of Public Prosecutions to issue guidance as to the circumstances in which individuals will or will not be prosecuted for assisting another person to commit suicide.  The judgment was pronounced barely two weeks after injured rugby player Dan James travelled with his parents to Switzerland, to secure his death with the help of the local group, Diginitas. James was reportedly the youngest of the 100 Britons who have travelled to Dignitas to find the ‘sanctuary of death.’ However, Sky TV’s screening of the assisted death of Craig Ewert in December was no doubt the most controversial event of the year in this respect.
Hanchett-Stamford v (1) HM Attorney-General and (2) Dr William Johnston Jordan [2008] EWHC 330 (Ch), 2008 WL 1968855
Authors: Brown James
Published: August 2020

UNINCORPORATED ASSOCIATIONS: PROPERTY HOLDING, CHARITABLE PURPOSES AND DISSOLUTIONThe decision of Mr Justice Lewison in Hanchett-Stamford v HM Attorney General and Dr William Johnston Jordan1 provides us with a useful analysis of the legal principles relating to the thorny issues of: (i) how unincorporated associations hold property; (ii) the applicability of the law of charities to unincorporated associations and (iii) the property rights of a declining membership upon the dissolution of such associations.
Chikwamba v Secretary of State for the Home Department [2008] UKHL 40
Authors: Walsh Charlotte
Published: August 2020

UNHAPPY FAMILIES AND USE OF ARTICLE 8 FOR FAILED ASYLUM SEEKERSImmigration minister Phil Woolas has attacked lawyers and charities that work on behalf of asylum seekers for undermining the law and “playing the system” by exploiting the appeals system.1 However, the case of Chikwamba v Secretary of State for the Home Department,2 handed down by the House of Lords on June 25th 2008, confirms the need for an effective appeals process, without which there would be no safety net for thousands of asylum seekers. The case concerns the application of article 8 of the European Convention of Human Rights (ECHR)3 and the government’s policy regarding failed asylum seekers.
ACADEMIC FREEDOM – RHETORIC OR REALITY?
Authors: Beloff QC Michael J
Published: August 2020

Academic freedom is a concept that has a particular significance in a University, not least in a University, which, uniquely in a British context, prides itself on its independence from the State. My interest in academic freedom was sparked by a set of instructions received in this instance from the Government of Hong Kong.  The issue in the prospective litigation was relatively simple.  The Department of Education had planned some reforms.  As is no more unusual in Hong Kong than it is in England, the proposals met with vocal opposition from certain academics.  A senior civil servant telephoned the head of the faculty of the Hong Kong institution of Education, the focus of the controversy and – it was asserted and indeed found by a Commission of Inquiry (“the Commission”) established to investigate the affair – suggested that the turbulent teachers be disciplined.
“A VIEW FROM THE BAR”
Authors: Beloff QC Michael J
Published: August 2020

THE TENTH SIR DAVID WILLIAMS LECTURE (TFV) DELIVERED ATLAW FACULTY: CAMBRIDGE UNIVERSITYON 21ST MAY 2010The sense of privilege that I feel in being invited to deliver this lecture is tempered by my sadness that the distinguished lawyer, in whose honour it was founded, is no longer with us.
POLICE, PROSECUTION, COURTS AND WARTIME DEMONSTRATIONS: ADELA PANKHURST IN THE AUSTRALIAN HIGH COURT
Authors: Scutt Jocelynne
Published: August 2020

Rights of assembly and freedom of speech are a rich ground for decision-making by police, prosecutors and courts in determining a balance with obligations of authorities to keep the peace and prevail against disorderly conduct or riot. Recent claims of abuse of police powers through “kettling” have reached the European Court of Justice. These cases directly address the scope and exercise of police authority in maintaining order during demonstrations. Yet not only police powers are in issue at times of political disputation. Two cases heard early last century by the Australian High Court illustrate the way in which both the decision to prosecute and judicial decision-making may be influenced by socio-political considerations, particularly in time of war. Pankhurst v Porter and Pankhurst v Kiernan saw Adela Pankhurst, youngest daughter in the redoubtable Pankhurst family of Suffragette fame, testing the limits of the law during the struggles to ensure that sending wheat abroad to feed the troops would not justify pricing bread out of the reach of ordinary, working-class households. The success of the appeal in Pankhurst v Porter exposed error in the prosecutorial process. The failure of the appeal in Pankhurst v Kiernan exposed flawed reasoning in the majority opinion and the strength of the dissenting judgment in it’s application of the law to the facts and the need to maintain objectivity or at least neutrality as to the particular appellant.
PRIVACY, SUPERINJUNCTIONS AND ANONYMITY “SELLING MY STORY WILL SORT MY LIFE OUT”
Authors: Pearce Robert
Published: August 2020

In March 2010 Adakini Ntuli sent Howard Donald a text message in which she said:  “Why shud I continue 2 suffer financially 4 the sake of loyalty when selling my story will sort my life out?”  We do not know what her story was because Mr Donald, a member of the pop band Take That, obtained a superinjunction forbidding both publication of her story and disclosure of the existence of the injunction. The Court of Appeal later allowed the parties to be named, but not the details of their relationship.
THE PUBLIC LAW DIMENSION OF PUBLIC AUTHORITY LIABILITY
Authors: Cornford Tom
Published: August 2020

In this paper I endorse the basic assumption that informed the Law Commission’s consultation paper on Administrative Redress of 2008, namely that the problem of administrative liability in English law can only be understood by examining both its tortious and its public law dimensions and that a satisfactory solution would involve a form of liability that straddled the public/private divide. In support of this view, I advance a rationale for a form of liability that involves reparation for harms resulting from acts unlawful as a matter of public law and argue that the form of liability that the rationale supports would inevitably impinge upon the territory currently occupied by the law of tort. I then proceed to criticise the views of scholars who have recently argued that a satisfactory law of public authority liability can be arrived at by the use of the concepts of orthodox tort law alone.
LORD DENNING, MAGNA CARTA AND MAGNANIMITY
Authors: Lee Simon
Published: August 2020

Lord Denning’s assessment of Magna Carta at its 750th anniversary has stood the test of half a century: “the greatest constitutional document of all times—the foundation of the freedom of the individual against the arbitrary authority of the despot”. His longer, but still succinct, article for The Times for the same anniversary has not been bettered. Yet at the time of Magna Carta’s 800th anniversary we have lost sight of two other works of Lord Denning which could make a distinctive contribution to our current constitutional debates. Whereas Lord Neuberger has linked the real Magna Carta to the fictitious Holy Grail in an entertaining lecture on law and myth, for legal scholars the Holy Grail is a long lost text or case. An earlier essay identified the links between the opening clause of Magna Carta 1215 and s 13 of the Human Rights Act 1998 as worthy of rediscovery. This article presents two further candidates: a neglected lecture on Borrowing from Scotland by Lord Denning in 1961 and a neglected Court of Appeal decision in 1975 applying Magna Carta, in which Lord Denning presided as Master of the Rolls, R v Secretary of State for the Home Office, ex p Phansopkar.[6Between them, they can offer refreshing insights into contemporary constitutional controversies.
Enforceable Community Rights and National Remedies
Authors: Durand Andrew
Published: August 2020

Enforceable Community Rights and National Remedies
Economic Loss: The Floodgates
Authors: James P S
Published: August 2020

Economic Loss: The Floodgates
COMMUNITY PROPERTY CLAIMS IN THE PERSONHOOD PERSPECTIVE: PART 2
Authors: Pratt Natalie
Published: August 2020

As submitted with part I
READING DOWN SECTION 44(i) OF THE AUSTRALIAN CONSTITUTION AS A METHOD OF AFFIRMING AUSTRALIAN CITIZENSHIP IN THE 21st CENTURY
Authors: Bloch Noa , Rubenstein Kim
Published: August 2020

Until 2017, the most recent disqualification of a member of the Australian Parliament under section 44(i) of the Australian Constitution (‘Constitution’) was Senator Heather Hill in 1998. Remarkably, since 2017, almost twenty years after Sue v Hill, ten parliamentarians have resigned or been disqualified, triggering a series of by-elections. The catalyst for this flurry of activity occurred in July 2017, when Greens senator Scott Ludlam announced that at the time of his election, he was a citizen of New Zealand and was incapable of sitting in parliament under section 44(i). He was the first of ten senators and members of parliament to be referred to the High Court of Australia in the cases of Re Canavan and later Re Gallagher on questions of eligibility under section 44(i). Eight of these parliamentarians were disqualified, sparking national debate around parliamentary representation and membership within the Australian community. Since Re Canavan and Re Gallagher and indeed well before those cases, the section had and has continued to attract popular, journalistic, parliamentary and academic criticism. Consequently, there have been calls for a referendum on section 44(i) for a significant period of time. While the authors support this call, this article reflects on the cases and develops a different interpretive approach to section 44(i) which if argued by the parties and adopted by the Court, would have rendered a referendum unnecessary. By drawing on the earlier section 41 of the Australian Constitution case of R v Pearson; Ex parte Sipka and its majority judgment, as well as drawing upon the minority judgment of Murphy J and a more recent feminist judgment written by Kim Rubenstein, one of the authors of this article, we argue that the principles of representative democracy and the sovereignty of the people could have acted as a frame to read down section 44(i). Had this approach been adopted, the Court could have effectively placed the decision around disqualification of parliamentarians around the issue of dual citizenship, back into the hands of the elected representatives
THE NIGERIAN SUPREME COURT AND THE POLITICAL QUESTION DOCTRINE
Authors: Solomon Ekokoi
Published: August 2020

This paper examines the attitude of the Supreme Court of Nigeria towards the political question doctrine. It interrogates the decisions of the Court in selected landmark cases involving political questions since the First Republic to the Fourth Republic which commenced in 1999. The paper identifies three core approaches espoused by the Court in cases involving political questions – the deference approach, the necessity approach and the avoidance approach. This paper argues that in a constitutional democracy, it is inevitable – considering that the Court is both a political and a legal institution – that the Court, like in other jurisdictions such as Germany, India, South Africa and the United States, will be called upon to adjudicate cases involving political questions. As such, the paper recommends that the Court openly asserts the ‘politicality’ of its decisions, whether they are predicated on the need to defer to the political branches, exigency/necessity or to avoid the political questions brought before it.
The Standard of Proof in Disciplinary Proceedings: Solicitors Regulation Authority v Sharif (2019)
Authors: Hatchard John
Published: August 2020

The January 2019 ruling of the Solicitors Disciplinary Tribunal in Solicitors Regulation Authority v Sharif1 highlighted the care that legal practitioners must take in order to satisfy their anti-money laundering obligations and the serious consequences of any failure to do so. This is the subject of a separate note in this issueof the Denning Law Journal.2 However, the Solicitors Disciplinary Tribunal applied the criminal standard of proof in the case. The question as to whether this is now the appropriate approach is the subject of this note.
The Spiliada: From Convenience to Propriety
Authors: Helston Helen
Published: August 2020

The Spiliada: From Convenience to Propriety
The Woolsack and the Winding Stair
Authors: Hall C G
Published: August 2020

Lives of the Lord Chancellors 1940-1970 R.F.V.Heuston Oxford: Clarendon Press, 1987. 253pp. Hardback £25.00
Attempting the Impossible: A Plea for Legal Economy
Authors: Allott A N
Published: August 2020

Attempting the Impossible: A Plea for Legal Economy
The Mythical Contract of Employment
Authors: Wood Sir J
Published: August 2020

The Mythical Contract of Employment
Unconscionability and Contract: The creeping shoots of Bundy
Authors: Greenfield S , Osborn G
Published: August 2020

Unconscionability and Contract: The creeping shoots of Bundy
Serious Fraud, Long Trials and Criminal Justice
Authors: Henry The Hon Mr Justice
Published: August 2020

Serious Fraud, Long Trials and Criminal Justice
Rights o fAudience - A Scottish Perspective
Authors: Rodger of Earlsferry The Right Hon Lord
Published: August 2020

Rights o fAudience - A Scottish Perspective
Industrial Espionage: What Can the Law Do?
Authors: Tunkel Victor
Published: August 2020

Industrial Espionage: What Can the Law Do?
A Question of Causation: Knowing Assistance and the "Duty to Inquire"
Authors: Baughen Simon
Published: August 2020

A Question of Causation: Knowing Assistance and the "Duty to Inquire"
Time-Charter Stowage Clauses in a Bill of Lading Contract
Authors: Harling Russell
Published: August 2020

Time-Charter Stowage Clauses in a Bill of Lading Contract
Profitability of Trading Strategies Before and During the Greek Crisis: An Empirical Study.
Authors: Xanthopoulos Efstathios , Aravossis Konstantinos , Papathanasiou Spyros
Published: August 2020

This paper investigates the profitability of technical trading rules in the Athens Stock Exchange (ASE), utilizing the FTSE Large Capitalization index over the seven-year period 2005-2012, which was before and during the Greek crisis. The technical rules that will be explored are the simple moving average, the envelope (parallel bands) and the slope (regression). We compare technical trading strategies in the spirit of Brock, Lakonishok, and LeBaron (1992), employing traditional t-test and Bootstrap methodology under the Random Walk with drift, AR(1) and GARCH(1,1) models. We enrich our analysis via Fourier analysis technique (FFT) and more statistical tests. The results provide strong evidence on the profitability of the examined technical trading rules, even during recession period (2009-2012), and contradict the Efficient Market Hypothesis.
Correlated Parlay Betting: An Analysis of Betting Market Profitability Scenarios in College Football
Authors: Davis Justin , Dawson Jarrod , Krieger Kevin
Published: August 2020

In this paper we consider the case of potential “correlated parlays” in American college football wagering.  The structure of college football games is such that games in which favorites prevail in “against-the-spread” (spread) bets are expected to be more likely to go over the posted “total” of the game. Using a longitudinal data set over the years from 2005-2015, our findings confirm this to be the case. However, to prevent bettors from utilizing this trend to profit in their wagers, many sportsbooks disallow some, or all, same-game parlay bets.  Consequently, we find that sportsbooks have generally been too conservative in refusing such bets and have thus foregone profitability in the vast majority of betting situations.  This analysis opens a new line of discussion in the area of sports market efficiency research – that of correlated parlay betting.  We consider this case and present potential directions for future research.
THE EFFECT OF STOCK ENDOWMENTS ON THE LIQUIDITY OF PREDICTION MARKETS
Authors: Seemann Thomas , Hungenberg Harald , Enders Albrecht
Published: August 2020

Prediction markets are considered as a promising new forecasting method that has proven high prediction accuracy in many areas such as politics, sports, and business-related fields. The method is, however, far from being established or even understood. The specific circumstances and market designs that lead to efficient prediction markets need to be further identified. This paper tries to statistically analyze the impact of certain factors in market design. In particular, we analyze the impact of the initial endowments provided to new market participants on the liquidity of prediction markets. Market operators can provide either a cash endowment or a combination of a cash and stock endowment. By evaluating two play-money prediction markets run in parallel during the FIFA World Cup 2006, we show that the stock endowments significantly foster liquidity in the market. We recommend operators of online game markets as well as corporate prediction markets to provide stock and cash endowment to participants instead of pure cash endowments wherever feasible.
Active Hedging Greeks of an Options Portfolio integrating churning and minimization of cost of hedging using Quadratic & Linear Programing
Authors: Sinha Pankaj , Akshay Gupta Akshay Gupta , Hemant Mudgal Hemant Mudgal
Published: August 2020

This paper proposes a methodology for active hedgingGreeks of an option portfolio integrating churning and minimization of cost of hedging. In the first section, hedging strategy is implemented by taking positions in other available options, while simultaneously minimizing the net premium paid for the hedging and then churning the portfolio to take into account the changed value of Greeks in the new portfolio. In the second section, the paper extends the model to incorporate the transaction cost while hedging the portfolio and churning it in Indian Scenario. Both constant and nonlinear shape of transaction cost has been considered as per the Security Transaction Tax and Brokerage charges in India. A quadratic programming has been presented which has been approximated by a linear programming solution. The prototype software has been developed in MS Excel using Visual Basic.
THE REGRESSION TOURNAMENT: A NOVEL APPROACH TO PREDICTION MODEL ASSESSMENT
Authors: Schnytzer Adi , Janez Sustersic Janez
Published: August 2020

Standard methods to assess the statistical quality of econometric models implicitly assume there is only one person in the world, namely the forecaster with her model(s), and that there exists an objective and independent reality to which the model predictions may be compared. However, on many occasions, the reality with which we compare our predictions and in which we take our actions is co-determined and changed constantly by actions taken by other actors based on their own models. We propose a new method, called a regression tournament, to assess the utility of forecasting models and taking these interactions into account. We present an empirical case of betting on Australian Rules Football matches where the most accurate predictive model does not yield the highest betting return, or, in our terms, does not win a regression tournament.
SIMPLIFYING MARKET ACCESS: A NEW CONFIDENCE-BASED INTERFACE
Authors: Teschner Florian , Rothschild David
Published: August 2020

Markets are a strong instrument for aggregating dispersed information, yet there are flaws. Markets are too complex for some users, they fail to capture massive amounts of their users’ relevant information, and they suffer from some individual-level biases. Based on recent research in polling environments, we design a new market interface that captures both a participant’s point estimate and confidence. The new interface lowers the barrier to entry, asks market’s implicit question more directly, and helps reduce known biases. We further utilize a novel market rule that supplements the interface with its simplicity. Thus, we ﬁnd that market participants using our new interface: provide meaningful information and are more likely to submit proﬁtable orders than using a standard market interface.
THE POWER OF WAGERING ON POWER CONFERENCES
Authors: Krieger Kevin , Girdner Clay , Fodor Andy , Kirch David
Published: August 2020

We study the perceived discrepancy between power conference and mid-major college football teams by examining outcomes of games when these teams face one another.   We find that point spreads are set statistically irrationally in games where power conference teams play mid-major teams. We examine all regular season games from the 2002-2011 seasons and find power conference teams cover the spread in a majority of games when facing a mid-major team to an extent that results in profitability over a ten-year period. We find that consistently betting power conference teams will cover point spreads when facing mid-major teams’ results in a return of roughly 2.94% over these seasons. Taking into account Associated Press rankings, the size of point spreads, and the week of the season when games are played, results in even greater profits.
The Relationship between Sportsbook Volume, Forecast Accuracy, and Market Efficiency: The NFL and NCAA Football
Authors: Paul Rodney , Weinbach Andrew P. , Small Kenneth
Published: August 2020

Using 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.
Bettor Habits When Point Spreads and Money lines are Offered on the Same Game: The NFL
Authors: Paul Rodney , Weinbach Andrew , Wilson Mark
Published: August 2020

Bettor preferences and returns are examined in the NFL wagering market where both point spread and money line wagers are simultaneously offered.  In both markets, the balanced book hypothesis can be soundly rejected, with bettors preferring favorites.  Despite the clear difference in how a winning bet on the favorite is achieved in each market, the percentage bet on the favorite in both the point spread and money line markets correspond nearly one-to-one.  Biases are most pronounced in certain subsets of the data, where betting against favorites on both the point spread and money line are shown to reject market efficiency.
Prediction markets vs polls – an examination of accuracy for the 2008 and 2012 elections
Authors: Arnesen Sveinung , Bergfjord Ole
Published: August 2020

Which technique is more accurate in predicting the outcome of U.S. presidential elections, polls or prediction markets? Several studies on this have been conducted in the past. We use market data and poll numbers, included adjusted version of the poll numbers, to reexamine this question based on the two last American presidential elections, in 2008 and 2012. We find that the market predictions outperformed the polls for these elections, and that adjusting the polls makes them less accurate relative to prediction markets, if anything.
Examining the forecasting performance of a modified affine model with macroeconomic and latent factors
Authors: Evgenidis Anastasios , Siriopoulos Costas
Published: August 2020

Various studies model the dynamics of the yield curve assuming that some of the yields are measured without error but this methodology lacks economic interpretation. We overcome this problem by estimating a modified affine model with macroeconomic and latent factors which introduces measurement noise on both yields and macroeconomic determinants. Our results suggest that under the proposed model there is a significant reduction in the persistence of the latent factors and an increase in the effect of macroeconomic shocks to the entire yield curve. We provide a comparative analysis of these models, and we conduct out of sample comparative forecasts to investigate if our specification has a superior performance. We find important differences concerning the magnitude of the dynamics that move the yield curve. Our model provides better forecasts for the entire yield curve while it also beats random walk in many cases. This is an important finding since according to the relative literature it is very difficult for any affine model to outperform random walk.
DESIGNING A CURRICULUM FOR CREATIVITY
Authors: Webster Emma
Published: August 2020

The author argues that a curriculum rich in creativity enables all individuals, artistically inclined or not, to engage with the creative process. For human beings, creative processes are, and have been, integral to our evolution, progress and future. The richness that a creative process can give any aspect of our lives is invaluable, and it is this capital that will have significant impact on our futures. Creativity is a cross-disciplinary skill and should be found in all areas of the primary curriculum.

It is suggested that a curriculum that lacks creativity at its heart, including not only the content but the teacher-driven pedagogy and supportive, creative leadership, will not prepare young people for what lies ahead. As the Durham Commission (2019) states, the application of creative thought is necessary to thrive in a range of jobs and we are currently failing to demonstrate to students how knowledge can be used in creative ways and be a driver for change.
PUTTING A STICKING PLASTER ON A GAPING WOUND – EXPLORING THE PROVISION BEING MADE IN ENGLISH SECONDARY SCHOOLS TO SUPPORT MENTAL HEALTH AND MENTAL WELL-BEING
Authors: Coates Max , Bingham Domini
Published: August 2020

The article presents a small-scale study utilising both questionnaires and semi-structured interviews.

Against the backdrop of widespread interest in the area of mental health/well- being by the UK government and also by the media, the study starts to explore the provision being made by secondary schools.

The study suggests that the actions being taken nationally lack coherence. Even within the schools themselves, there is evidence of a fragmented approach as mental health/well-being initiatives are added to existing provision being offered by pastoral staff and formally appointed councillors.

As new waves of pressure from social media, gender identity, examination stress and personal identity are held to impact mental health/well-being issues schools understand themselves as being the first responder. In turn, the majority of those interviewed in the study have a perception that support services such as Child and Adult Mental Health Services (CAMHS) and educational psychologists are less accessible as a result of budgetary constraints.
Freiwillige Kapitalmarktkommunikation und zivilrechtliche Haftung
Authors: Knierbein Michael
Published: August 2020

Angesichts der hohen Bedeutung von Informationen für die Preisbildung am Kapitalmarkt ist die zivilrechtliche Haftung für freiwillige Kapitalmarktkommunikation im deutschen Recht bislang nur unzureichend geregelt. Abhilfe verspricht eine gesetzliche Neuregelung, die sich einerseits an der existierenden Kapitalmarktinformationshaftung orientiert, andererseits aber auch die Eigenheiten freiwilliger Kommunikation berücksichtigt. Das Werk unternimmt den Versuch, eine solche Neuregelung als Ergänzung zu den §§ 97, 98 WpHG zu formulieren.