bluuebunny/crossref_metadata_2025 huggingface dataset:
Temperature, geometry, and bifurcations in the numerical modeling of the cardiac mechano-electric feedback
Authors: Collet A. , Bragard J. , Dauby P. C.
Published: August 2017

This article characterizes the cardiac autonomous electrical activity induced by the mechanical deformations in the cardiac tissue through the mechano-electric feedback. A simplified and qualitative model is used to describe the system and we also account for temperature effects. The analysis emphasizes a very rich dynamics for the system, with periodic solutions, alternans, chaotic behaviors, etc. The possibility of self-sustained oscillations is analyzed in detail, particularly in terms of the values of important parameters such as the dimension of the system and the importance of the stretch-activated currents. It is also shown that high temperatures notably increase the parameter ranges for which self-sustained oscillations are observed and that several attractors can appear, depending on the location of the initial excitation of the system. Finally, the instability mechanisms by which the periodic solutions are destabilized have been studied by a Floquet analysis, which has revealed period-doubling phenomena and transient intermittencies.
Effect of ambient air conditions on PEM fuel cell performance
Authors: Sveshnikova Aleksandra , Abrosimov Kirill , Khayrullina Aliya , Ustinov Alexander
Published: August 2017

This paper focuses on the influence of inlet air temperature and relative humidity on the performance of a proton exchange membrane fuel cell (FC) stack with maximum power of 175 W. To control the inlet air temperature, a cooling system was designed and integrated with the fuel cell stack. It was experimentally proven that the lower temperature results in better fuel cell performance. This dependence was found to be non-linear in the range of 15–25 °C. To take into account air humidity and analyze its effects on FC efficiency, an air humidifier was installed at the air inlet. Experiments showed that the increased relative humidity positively affected FC efficiency. Computational fluid dynamics (CFD) simulation of the reactant flow inside the FC stack was conducted, helping to analyze thermal regime, velocity distribution, and migration of hydrogen ions through the membrane on the cathode side. The temperature on the cathode side exceeded operational limits already at 120 W power load. CFD simulation results support the need for an additional cooling system for experimental setup.
Universality of electron mobility in LaAlO3/SrTiO3 and bulk SrTiO3
Authors: Trier Felix , Reich K. V. , Christensen Dennis Valbjørn , Zhang Yu , Tuller Harry L. , Chen Yunzhong , Shklovskii B. I. , Pryds Nini
Published: August 2017

Metallic LaAlO3/SrTiO3 (LAO/STO) interfaces attract enormous attention, but the relationship between the electron mobility and the sheet electron density, ns, is poorly understood. Here, we derive a simple expression for the three-dimensional electron density near the interface, n3D, as a function of ns and find that the mobility for LAO/STO-based interfaces depends on n3D in the same way as it does for bulk doped STO. It is known that undoped bulk STO is strongly compensated with N≃5×1018 cm−3 background donors and acceptors. In intentionally doped bulk STO with a concentration of electrons n3D<N, background impurities determine the electron scattering. Thus, when n3DN, the mobility collapses because scattering happens on n3D intentionally introduced donors. For LAO/STO, the polar catastrophe which provides electrons is not supposed to provide an equal number of random donors and thus the mobility should be larger. The fact that the mobility is still the same implies that for the LAO/STO, the polar catastrophe model should be revisited.
Thorburn Brailsford Robertson: Brilliant Scientist, Innovator and Australia’s First Professor of Biochemistry
Authors: Rogers George E.
Published: August 2017

Thorburn Brailsford Robertson (1884–1930) was educated in Adelaide and held appointments at the University of California, Berkeley (where he completed his PhD in 1907), and the University of Toronto before taking up his appointment at Adelaide in 1919 as Australia's first Professor of Biochemistry. In his research on the biochemical basis of growth and senescence he discovered in pituitary tissue a growth factor he called Tethelin. He made important contributions to the fabric and collegiality of the University of Adelaide. Amongst his many scientific contributions he was the first person outside Canada to prepare insulin, a project taken up by the Commonwealth Serum Laboratories. In 1927 he became the first Chief of the Division of Animal Nutrition in the Council for Scientific and Industrial Research, for whom he investigated sheep nutrition and wool growth.
Geoffrey Bruce Sharman 1925–2015
Authors: Tyndale-Biscoe Hugh , Marshall Graves Jennifer A.
Published: August 2017

Geoff Sharman was one of the most important figures in the post-war renaissance of research into the indigenous mammals of Australia. He discovered the remarkable phenomenon of delayed development, or embryonic diapause, in kangaroos. He pioneered marsupial cytogenetics, making seminal contributions to chromosome evolution, sex determination, and X chromosome dosage compensation in female marsupials. He inspired a whole generation of younger biologists to make the investigation of Australian mammals the primary objective of their professional careers. Fifty years before he began there had been a brief but highly fruitful period of investigation into the native fauna based at the University of Sydney Medical School.1 When the four pioneers departed to Chairs in Britain and Fellowship of the Royal Society, further research in the field languished until the 1950s. Sharman's research built on that pioneering work, particularly of J. P. Hill and his associates on the reproductive anatomy and development of marsupials, and then extended it into the new field of cytogenetics.
Bruce William Chappell 1936–2012
Authors: Williams Ian S. , Campbell Kenton S.W.
Published: August 2017

Bruce Chappell was one of the most distinguished geologists of his generation whose contributions to understanding the origins of granites are both insightful and profound. A pioneer in the application of X-ray fluorescence spectrography to the analysis of geological materials, his radical ideas about magma genesis, still the subject of vigorous debate, have dominated and largely determined the global directions of subsequent research on granites. His restite model, the recognition that most granite magmas move bodily away from their source regions as a mixture of melt and solid residual material, the progressive separation of which determines the magma composition, underlies his tenet that granites are images of their source. His consequent recognition, with Allan White, that there are two fundamentally different types of granite magma, I-type (derived from igneous sources) and S-type (derived from weathered sedimentary sources), each with its distinctive evolutionary path and associated mineralization, continues to underpin research into granites worldwide, and the search for granite-related mineral deposits.
Hermann Beckler: Contributions on Australia Made in Germany
Authors: Darragh Thomas A.
Published: August 2017

Hermann Beckler is well known for his role in the Victorian Exploring Expedition (Burke and Wills Expedition), but little is known to Australians of his education or his writings in Germany. Details of his schooling, his time in present day Queensland and his Australian contributions after he returned to Germany are given here. Translations of two important papers are provided as Supplementary Material.
In Australien ist Hermann Beckler vor allem wegen seiner Teilnahme an der Victorianischen Erkundungsexpedition (Burke-und-Wills-Expedition) bekannt. Über seine Ausbildung und seine späteren Arbeiten in Deutschland wei? man jedoch nur wenig. In diesem Beitrag werden die Schulzeit Beckers sowie sein Aufenthalt im heutigen Queensland und seine späteren Schriften zum Thema Australien beleuchtet. Übersetzungen von zwei wichtigen Abhandlungen sind im Ergänzungsmaterial enthalten.
Belief in free will affects causal attributions when judging others’ behavior
Authors: Genschow Oliver , Rigoni Davide , Brass Marcel
Published: August 2017

Significance

The question whether free will exists or not has been a matter of debate in philosophy for centuries. Recently, researchers claimed that free will is nothing more than a myth. Although the validity of this claim is debatable, it attracted much attention in the general public. This raises the crucial question whether it matters if people believe in free will or not. In six studies, we tested whether believing in free will is related to the correspondence bias—that is, people’s automatic tendency to overestimate the influence of internal as compared to external factors when interpreting others’ behavior. Overall, we demonstrate that believing in free will increases the correspondence bias and predicts prescribed punishment and reward behavior.
Methylation-dependent DNA discrimination in natural transformation of
Campylobacter jejuni
Authors: Beauchamp Jessica M. , Leveque Rhiannon M. , Dawid Suzanne , DiRita Victor J.
Published: August 2017

Significance

Campylobacter jejuni
is naturally transformable but is selective in the DNA used in transformation. Natural transformation allows for rapid adaptation and provides a means for DNA repair, both of which enhance bacterial fitness. Our work demonstrates that the methylation status of
C. jejuni
DNA is critical for transformation; methylation of a single 6-bp sequence in proximity to the transforming DNA is sufficient to allow nontransforming DNA to transform
C. jejuni
. Our data argue against previously described means for DNA discrimination; specifically, there is no evidence that a restriction enzyme recognizes the unmodified 6-bp sequence, and no evidence of a typical DNA uptake sequence. Therefore, we have identified a distinct DNA discrimination mechanism in
Campylobacter
.
Daryā-ye Nur: History and Myth of a Crown Jewel of Iran
Authors: Malecka Anna
Published: August 2017

One of the most exceptional among the world renowned historical treasures is the repository of valuables of the olden shahs of Persia found in the Jewels Museum in Tehran. The outstanding jewel among those kept there is the diamond called Daryā-ye Nur, weighing about 182 carats. The history of this stone, according to the literature on the subject, starts in seventeenth century India, in the city of Golconda. Analysis of primary sources, however, allows for the supposition that this stone may have a longer history.
Dual target search is neither purely simultaneous nor purely successive
Authors: Cave Kyle R , Menneer Tamaryn , Nomani Mohammad S , Stroud Michael J , Donnelly Nick
Published: August 2017

Previous research shows that visual search for two different targets is less efficient than search for a single target. Stroud, Menneer, Cave, and Donnelly concluded that two target colours are represented separately based on modelling the fixation patterns. Although those analyses provide evidence for two separate target representations, they do not show whether participants search simultaneously for both targets, or first search for one target and then the other. Some studies suggest that multiple target representations are simultaneously active, while others indicate that search can be voluntarily simultaneous, or switching, or a mixture of both. Stroud et al.’s participants were not explicitly instructed to use any particular strategy. These data were revisited to determine which strategy was employed. Each fixated item was categorised according to whether its colour was more similar to one target or the other. Once an item similar to one target is fixated, the next fixated item is more likely to be similar to that target than the other, showing that at a given moment during search, one target is generally favoured. However, the search for one target is not completed before search for the other begins. Instead, there are often short runs of one or two fixations to distractors similar to one target, with each run followed by a switch to the other target. Thus, the results suggest that one target is more highly weighted than the other at any given time, but not to the extent that search is purely successive.
Word skipping: Effects of word length, predictability, spelling and reading skill
Authors: Slattery Timothy J , Yates Mark
Published: August 2017

Readers’ eyes often skip over words as they read. Skipping rates are largely determined by word length; short words are skipped more than long words. However, the predictability of a word in context also impacts skipping rates. Rayner, Slattery, Drieghe and Liversedge reported an effect of predictability on word skipping for even long words (10-13 characters) that extend beyond the word identification span. Recent research suggests that better readers and spellers have an enhanced perceptual span. We explored that whether reading and spelling skill interact with word length and predictability to impact word skipping rates in a large sample ( N = 92) of average and poor adult readers. Participants read the items from Rayner et al., while their eye movements were recorded. Spelling skill (zSpell) was assessed using the dictation and recognition tasks developed by Sally Andrews and colleagues. Reading skill (zRead) was assessed from reading speed (words per minute) and comprehension accuracy of three 120 word passages each with 10 comprehension questions. We fit linear mixed models to the target gaze duration data and generalized linear mixed models to the target word skipping data. Target word gaze durations were significantly predicted by zRead, while the skipping likelihoods were significantly predicted by zSpell. Additionally, for gaze durations, zRead significantly interacted with word predictability as better readers relied less on context to support word processing. These effects are discussed in relation to the lexical quality hypothesis and eye movement models of reading.
ADP-ribosylation factor–like 4C binding to filamin-A modulates filopodium formation and cell migration
Authors: Chiang Tsai-Shin , Wu Hsu-Feng , Lee Fang-Jen S.
Published: August 2017

Changes in cell morphology and the physical forces that occur during migration are generated by a dynamic filamentous actin cytoskeleton. The ADP-ribosylation factor–like 4C (Arl4C) small GTPase acts as a molecular switch to regulate morphological changes and cell migration, although the mechanism by which this occurs remains unclear. Here we report that Arl4C functions with the actin regulator filamin-A (FLNa) to modulate filopodium formation and cell migration. We found that Arl4C interacted with FLNa in a GTP-dependent manner and that FLNa IgG repeat 22 is both required and sufficient for this interaction. We also show that interaction between FLNa and Arl4C is essential for Arl4C-induced filopodium formation and increases the association of FLNa with Cdc42-GEF FGD6, promoting cell division cycle 42 (Cdc42) GTPase activation. Thus our study revealed a novel mechanism, whereby filopodium formation and cell migration are regulated through the Arl4C-FLNa–mediated activation of Cdc42.
A graph regularized non-negative matrix factorization method for identifying microRNA-disease associations
Authors: Xiao Qiu , Luo Jiawei , Liang Cheng , Cai Jie , Ding Pingjian
Published: August 2017

Motivation

MicroRNAs (miRNAs) play crucial roles in post-transcriptional regulations and various cellular processes. The identification of disease-related miRNAs provides great insights into the underlying pathogenesis of diseases at a system level. However, most existing computational approaches are biased towards known miRNA-disease associations, which is inappropriate for those new diseases or miRNAs without any known association information.

Results

In this study, we propose a new method with graph regularized non-negative matrix factorization in heterogeneous omics data, called GRNMF, to discover potential associations between miRNAs and diseases, especially for new diseases and miRNAs or those diseases and miRNAs with sparse known associations. First, we integrate the disease semantic information and miRNA functional information to estimate disease similarity and miRNA similarity, respectively. Considering that there is no available interaction observed for new diseases or miRNAs, a preprocessing step is developed to construct the interaction score profiles that will assist in prediction. Next, a graph regularized non-negative matrix factorization framework is utilized to simultaneously identify potential associations for all diseases. The results indicated that our proposed method can effectively prioritize disease-associated miRNAs with higher accuracy compared with other recent approaches. Moreover, case studies also demonstrated the effectiveness of GRNMF to infer unknown miRNA-disease associations for those novel diseases and miRNAs.

Availability and implementation

The code of GRNMF is freely available at https://github.com/XIAO-HN/GRNMF/.

Supplementary information

Supplementary data are available at Bioinformatics online.
Age-Related Changes in Temporal Processing of Rapidly-Presented Sound Sequences in the Macaque Auditory Cortex
Authors: Ng Chi-Wing , Recanzone Gregg H
Published: August 2017

The mammalian auditory cortex is necessary to resolve temporal features in rapidly-changing sound streams. This capability is crucial for speech comprehension in humans and declines with normal aging. Nonhuman primate studies have revealed detrimental effects of normal aging on the auditory nervous system, and yet the underlying influence on temporal processing remains less well-defined. Therefore, we recorded from the core and lateral belt areas of auditory cortex when awake young and old monkeys listened to tone-pip and noise-burst sound sequences. Elevated spontaneous and stimulus-driven activity were the hallmark characteristics in old monkeys. These old neurons showed isomorphic-like discharge patterns to stimulus envelopes, though their phase-locking was less precise. Functional preference in temporal coding between the core and belt existed in the young monkeys but was mostly absent in the old monkeys, in which old belt neurons showed core-like response profiles. Finally, the analysis of population activity patterns indicated that the aged auditory cortex demonstrated a homogenous, distributed coding strategy, compared to the selective, sparse coding strategy observed in the young monkeys. Degraded temporal fidelity and highly-responsive, broadly-tuned cortical responses could underlie how aged humans have difficulties to resolve and track dynamic sounds leading to speech processing deficits.
3. Consideration
Authors: Arvind TT
Published: August 2017

This chapter discusses consideration as a requirement for an agreement to be treated as a legally binding contract. Consideration is the price one party pays for the other party's promise or performance. The doctrine of consideration provides, in essence, that a price of some sort must be paid if an agreement is to be enforceable as a contract. This chapter begins with an analysis of the first requirement imposed by the doctrine of consideration: that the act, forbearance, promise, or commodity given in exchange for the promise should be something of value. It then examines the three different conceptual approaches used in the legal understanding of value based on the idea of economic value, benefit and detriment, and practical benefit. It also describes the ingredients of exchange and includes case in depth boxes that cover the most influential and important cases pertaining to consideration.
5. Non-contractual promises
Authors: Arvind TT
Published: August 2017

This chapter considers how promissory and proprietary estoppel intersects with the law of contract. Where an agreement is unenforceable at contract law because some legal prerequisite or formality has not been met, that role is played by the law of estoppel. The law of estoppel works by deeming a party to be legally prevented (‘estopped’) from going back on something she has in the past asserted, promised, or accepted. The effect of estoppel is to hold the person to that past assertion or promise, by preventing her from resiling from it. This chapter first examines the context of promissory estoppel before discussing its requirements and its effect, such as suspending rights and extinguishing debts. It then explains the requirements of proprietary estoppel, namely: there must be a promise or encouragement; the promise or encouragement must induce reasonable reliance; reliance must be detrimental; and unconscionability.
7. Interpreting the terms
Authors: Arvind TT
Published: August 2017

This chapter considers how the courts make sense of contracts whose terms are capable of more than one interpretation. It begins by discussing two broad approaches to construing contracts, both of which have influenced English law and both of which continue to form part of the law: literalism and contextualism. It then examines the role English law currently assigns to literalism and contextualism and how the courts decide which to apply, with particular emphasis on the Investors rule and contextual readings. It also evaluates an alternate remedy known as rectification and concludes with an analysis of the limits of construction and the law of mutual mistake.
8. Filling the gaps
Authors: Arvind TT
Published: August 2017

This chapter focuses on contracts which leave some issues unaddressed and the law of implied terms used by the courts to deal with such situations. It first explains the nature of implied terms and the process of implication that requires the court to strike a difficult balance, along with the tests for implication. It then considers terms implied in law, paying attention to implication by statute and at common law, before discussing terms implied in fact. More specifically, it explores the test of business efficacy, obviousness and the officious bystander, and the approach used based on Lord Hoffmann's judgment in the Privy Council in Attorney General of Belize v Belize Telecom. The chapter also analyzes implication by custom, along with good faith and cooperation as requirements for parties to a contract.
9. Flexible terms
Authors: Arvind TT
Published: August 2017

This chapter considers how parties try to build flexibility into their contracts, along with the legal hurdles they face. A contract, or contractual clause, is vague if the words the parties have chosen give no real way of deciding what the parties are required to do and whether they have done it. A contract is incomplete if it fails to deal with a matter which is so fundamental that the transaction cannot be performed without agreement being reached on it. The effect of vagueness and incompleteness is to render the clause or contract void in law. Vagueness and incompleteness are often said to be closely related to the requirement of certainty in contracting, which crops up in a number of different areas of contract law. This chapter first discusses certainty and the complex transaction, along with vagueness and open-ended clauses, before turning to incompleteness and agreements to agree.
11. Untrue statements
Authors: Arvind TT
Published: August 2017

This chapter examines how English law deals with the problem of untrue statements through the doctrines of misrepresentation and unilateral mistake. It begins with an overview of contractual transactions involving at least some measure of information asymmetry and proceeds by considering the basic principles of the law of misrepresentation. It then considers the three elements of false statements: the absence of general duties to disclose relevant facts, an objective approach to construing ambiguous statements, and a distinction between statements of fact and statements of opinion. It also discusses the remedies available to the representee in the case of misrepresentation, along with two types of unilateral mistakes recognized in law: unilateral mistakes as to identity and unilateral mistakes as to terms. The chapter concludes with an analysis of misleading selling practices and statutory remedies which are available to victims of misleading selling practices under the law of unfair commercial practices.
16. Compensatory remedies
Authors: Arvind TT
Published: August 2017

This chapter considers compensatory damages, the primary remedy for breach of contract which an affected party can seek in English law. It first examines how the courts assess and award damages based on two approaches: expectation interest and reliance interest. In particular, it looks at the various measures of damages such as the loss of profit measure, the ‘cost of cure’ and ‘difference in value’ measures, loss of amenity and disappointed expectations, and the loss of chance measure. The chapter also discusses the various ways in which compensatory remedies can be limited in law by focusing on the principles of causation, mitigation, and remoteness. Finally, it evaluates the role damages play in contract law and suggests that English law gives the parties a good deal of freedom to design remedies, which parties can use when designing contracts.
18. Privity and third parties
Authors: Arvind TT
Published: August 2017

This chapter examines how English law, through a doctrine known as privity of contract, deals with the problem posed by contracts whose performance involves third parties. According to the doctrine of privity, a contract ordinarily only affects persons who are party to it. Third parties are neither bound by the contract nor entitled to claim rights under the contract. However, the courts and Parliament developed a number of exceptions to the strict rule of privity, each of which gives third parties a right to sue under the contract in a certain type of situation. For example, the Contracts (Rights of Third Parties) Act 1999 gives third party beneficiaries a right to enforce contract terms. This chapter first considers the problem of third party rights in contracting before discussing the effects of privity and the provisions of the Contracts (Rights of Third Parties) Act 1999 in more detail.
9. Feminist criminology: inequalities, powerlessness, and justice
Authors: Burman Michele , Gelsthorpe Loraine
Published: August 2017

This chapter addresses complexities and continuing concerns in thinking about feminist perspectives and contributions to criminology. The chapter charts feminist contributions to criminology over time, dwelling on the paradigmatic shifts in criminology in both substantive and epistemological and methodological terms, extending both the terrain of criminological theorizing and understanding of knowledge forms. The notion of feminist criminology as a transitional phase towards a more humanistic stance in relation to crime and justice in a globalized context is also explored. The chapter considers synergies between feminist contributions and other work which has focused on inequalities before the law and addresses the issue of migrant offenders and victims, criminal behaviour, and criminal justice, as well as victims of human trafficking, these being examples of the problematic dichotomy between victims and offenders.
12. Social harm and zemiology
Authors: Hillyard Paddy , Tombs Steve
Published: August 2017

This chapter examines the relationships between social harm, zemiology, and criminology. It begins by reviewing some of the main arguments set out by those advocating a turn towards social harm and/or zemiology. It then elaborates on some of those arguments, first through illustrating the kinds of harms more significant than those captured by ’crime’ and, following that, to consider how these harms might take peculiar forms under neoliberalism. The chapter then turns to consider ‘criminological’ responses to those arguments—both at the level of the discipline as a set of institutions, and then via an analyses of some of the more critical, intellectual responses. The final substantive section explores the relationship between critical criminology, social harm, and zemiology.
16. Border criminology and the changing nature of penal power
Authors: Bosworth Mary
Published: August 2017

This chapter describes the new field of ‘border criminology’, which examines the growing convergence between criminal justice and immigration control. It starts with an overview of the global immigration context before outlining key ideas and areas of scholarship within border criminology. It then turns to look more closely at penal power, drawing on fieldwork and policy analysis to explore the methodological and epistemological implications for criminology of examining citizenship and migration. It ends by arguing for greater engagement with the challenges and effects of mass mobility. As the impact of a decision to arrest in any street in Britain may be felt in countries far away, it is time for criminologists to take into account more explicitly the global nature of criminal justice and reflect on its implications for how and what we study.
21. Religion, crime, and violence
Authors: Cottee Simon
Published: August 2017

This chapter explores the relationship between crime and religion, focusing in particular on jihadist religious violence. It is concerned to explain why the relationship between religion and violence is so contested and how it has been understood or, in some cases, explained away. It also addresses the construction of religion in criminology as a ‘prosocial’ social control mechanism, and goes on to sketch out how criminology can engage more fully and fruitfully with religious-based violence.
26. Urban criminal collaborations
Authors: Fraser Alistair , Hobbs Dick
Published: August 2017

This chapter examines a range of criminological classifications for urban criminal groups, covering both youthful and adult-oriented collaborations. The chapter provides a critical overview of the following categorizations: gangs; subcultures; neighbourhood crime groups; professional crime; the underworld; and organized crime. Debates relating to each are introduced. While criminological approaches to youthful groups have a clear history, from the ‘Chicago School’ to the ‘Birmingham School’, perspectives on adult groups are less solid and more interdisciplinary. In both cases, the chapter argues that criminological classifications have struggled to capture the complexities brought on by the changing nature of the urban political economy. The chapter concludes by introducing a critical perspective that problematizes criminological categorizations of urban criminal collaborations.
31. Drugs: consumption, addiction, and treatment
Authors: Seddon Toby
Published: August 2017

The issue of illicit drugs is one of the most difficult and intractable problems we face today. It spans across the globe and is connected with a range of serious issues, including public health, crime, security, inequalities, and development. This chapter explores three key dimensions of the drug problem, in order to provide a critical account, informed by history and theory. First, the human attraction to intoxicating substances is examined and patterns of consumption are described. Second, understandings of why some people develop problems from habitual consumption are examined, exploring in particular the concept of addiction. Third, it explores the different ways in which societies have attempted to help people experiencing drug-related problems through different methods and modes of drug treatment.
32. White-collar and corporate crime
Authors: Levi Michael , Lord Nicholas
Published: August 2017

This chapter presents a succinct overview of key debates and ideas associated with theory, research, and practice in the area of white-collar and corporate crimes. First, it considers white-collar and corporate crimes in the twenty-first century, contextualizing these phenomena and reinforcing their criminological significance. Second, it revisits on-going conceptual debates, identifying central analytical features of white-collar and corporate crimes before going on to argue in favour of shifting attention towards understanding how white-collar crimes are organized and the conditions that shape this over time. Third, it reviews ways of explaining these behaviours, ranging from consideration of individual propensities and rationality through organizational context and culture to wider social conditions. Fourth, it examines current policing and regulation strategies, concluding with a discussion of key themes in white-collar crime research and scholarship.
33. Desistance from crime and implications for offender rehabilitation
Authors: Shapland Joanna , Bottoms Anthony
Published: August 2017

Most of those who offend, even those who offend persistently, stop committing offences as they grow older. The process of stopping to commit crime—desistance—is affected by people’s own decisions, attitudes, and self-identity but also by their social context and by relationships with people close to them. In this chapter, we explore theories of how desistance occurs, in terms of the individuals themselves, their own agency, and social structures and relationships. The research evidence from around the world on what affects desistance is then examined. Finally, we consider how the criminal justice system may affect desistance through the effect of criminal records and opportunities for rehabilitation. Because social context is important, pathways to desistance can also vary according to gender and cultural background (e.g., the importance of family differs in different cultures).
34. Policing and the police
Authors: Jones Trevor , Newburn Tim , Reiner Robert
Published: August 2017

This chapter reviews some of the key themes in academic research and writing on the police and policing. It begins by discussing definitions of ‘policing’ and ‘police’, before outlining the development of academic research on policing in the USA and UK. The nature of police discretion is then discussed along with the factors that shape police decision-making and the implications of these for the accountability of policing agents and organizations. The next section reviews contrasting models of policing that have emerged over recent years, including community policing, problem-oriented policing, ‘zero tolerance’ policing and intelligence-led policing. Subsequently, two overarching developments within contemporary policing—pluralization (with a particular focus on private security) and internationalization—are explored. The chapter concludes with some reflections on the future of police and policing. The primary focus is upon policing in Britain, though many of the themes are similar across liberal democratic societies.
38. Punishment in the community: evolution, expansion, and moderation
Authors: Robinson Gwen , McNeill Fergus
Published: August 2017

This chapter examines the development and expansion of community sanctions and measures in the UK since the introduction of probation and parole in the early twentieth century. After introducing the main types of punishment in the community (supervision; unpaid work; treatment and other activities; restrictions and prohibitions), it considers their evolution in relation to four main rationales: rehabilitation, reparation, management, and punitiveness. The chapter then reviews some key sociological perspectives on punishment in the community, focusing on work inspired by Foucault, Durkheim, and Marx. Finally, it provides an introduction to recent research on punishment in the community in other jurisdictions, particularly Europe and the USA. The chapter presents two main conclusions: firstly, that there is now substantial international evidence to suggest that the expansion of punishment in the community has failed to deliver reductions in the use of imprisonment; and secondly, that arguments for penal moderation should take into account the ‘painful’ character of community sanctions and measures.
40. Marketizing criminal justice
Authors: Ludlow Amy
Published: August 2017

Provision through government bureaucracy has been replaced widely by ‘delivery’ through ‘service providers’ who compete against each other in markets for public sector business. Marketization promises to enable governments to provide lower cost, higher quality, and better managed public services. This chapter describes and explores the substance and detail of how market mechanisms are being used in the commissioning of criminal justice services in England and Wales, focusing especially upon prisons. A nuanced account of marketization is articulated, which positions market mechanisms as malleable, instrumental rather than mechanical, and more varied, both in their design and in their impacts than the new penology thesis might suggest. The implications of changes in marketization policy and practice are explored, reflecting especially upon consequences for future market making, service quality, and the professional and moral identities and practices of criminal justice practitioners. It is argued that the current use of marketization to pursue a model of ‘bigger and cheaper’ criminal justice is disabling, rather than enabling, legitimate penal order.
Administrative Law
Authors: Elliott Mark , Varuhas Jason N. E.
Published: August 2017

Administrative Law Text and Materials combines carefully selected extracts from key cases, articles, and other sources with detailed commentary. This book provides comprehensive coverage of the subject and brings together in one volume the best features of a textbook and a casebook. Rather than simply presenting administrative law as a straightforward body of legal rules, the text considers the subject as an expression of underlying constitutional and other policy concerns, which fundamentally shape the relationship between the citizen and the state. Topics covered include: jurisdiction, the status of unlawful administrative action, public law principles, abuses of discretion, fairness, remedies, and the liability of public authorities.
1. Introductory Matters
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This introduction provides an overview of administrative law and administrative power in the UK. It begins with a discussion of the ‘red light’ and ‘green light’ theories of administrative law, along with judicial review. In particular, it considers the scope and intensity of judicial review, why judicial review is expanding, and whether (more) judicial review is a good thing. It then examines the debate about the constitutional basis of judicial review, focusing on the ultra vires doctrine and its modified version, and whether judicial review must be related to legislative intention. It also explains administrative power in the modern UK constitution, paying attention to the main features of the devolution systems, the powers and nature of the devolved institutions, the political and legal accountability of devolved administrations, and the powers of the local government.
4. The Scope of Public Law Principles
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter examines the scope of judicial review as it applies to the principles of public law. It first explains why discretionary powers conferred by legislation are not always subject to judicial review before discussing prerogative powers and their amenability to judicial review. It then considers justiciability as the limiting factor in the extent to which the in-principle reviewability of the prerogative is of any practical significance. It also examines issues regarding de facto powers, with particular emphasis on the scope of judicial review, the limits of review and its underlying rationale, and the extent to which contractual arrangements may displace the courts' willingness to review. Finally, it explores which public bodies must respect human rights under Section 6 of the Human Rights Act 1998. A number of relevant cases are cited throughout the chapter, including R v. Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815.
5. Retention of Discretion
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter discusses the principles of administrative law which require decision-makers to retain the discretion which they are granted. It first considers the question of delegation of discretionary powers as well as the non-delegation principle before explaining the nature of delegation. It then examines the courts' approach with respect to departmental decision-making in central government and how far the discretionary freedom of the decision-maker designated by statute may be constrained by delegation and the adoption of policies. It also shows why it is often desirable or even necessary for decision-makers to exercise their discretion in line with a policy or a set of criteria. Finally, it looks at judicial moves towards ensuring that exercise of discretion is structured and legally constrained by publicly available policy. A number of relevant cases are cited throughout the chapter, including Barnard v. National Dock Labour Board [1953] 2 QB 18.
10. Procedural Fairness
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter examines the notion of procedural fairness as a technical area of administrative law. It begins with an overview of D. J. Galligan's attempt to provide what he calls ‘a general theory of fair treatment’ by addressing what it is that legal rules requiring procedural fairness might seek to achieve. It then considers the view that procedural fairness is valuable in both instrumental and non-instrumental terms before discussing two interlocking questions that must be confronted if the notion of procedural fairness is to be understood: when decision-makers are required to act fairly and what ‘acting fairly’ actually means. In particular, it explains the content of the duty to act fairly. Finally, it describes consultation as an element of procedural fairness. A number of relevant cases are cited throughout the chapter, including Cooper v. The Board of Works for Wandsworth District (1863).
11. Giving Reasons for Decisions
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter examines the content and scope of the duty to give reasons, suggesting that giving reasons for decisions should be treated as a central facet of procedural fairness in administrative law. It first differentiates the duty to give reasons from the duty to give notice, the possibility of inferring unreasonableness from an absence of reasons, the proportionality doctrine, and the duty of candour. It then considers why reasons are required and goes on to discuss the duty to give reasons at common law. It also describes statutory duties and other duties to give reasons, paying attention to the provisions of the Freedom of Information Act 2000 and Article 6 of the European Convention on Human Rights. Finally, it analyzes the question of whether a duty to give reasons has been discharged, and provides an overview of the remedial consequences of a breach of the duty to give reasons.
14. Restriction of Remedies
Authors: Elliott Mark , Varuhas Jason
Published: August 2017

This chapter considers various factors that may prevent claimants from obtaining relief via judicial review. It first discusses the provisions of the ‘Pre-Action Protocol’ regarding court permission for judicial review before considering the requirement to exhaust alternative remedies. It then reviews the time limits for those who wish to use the judicial review procedure, focusing on the requirements of Senior Courts Act 1981 and Civil Procedure Rules Parts 3 and 54. It also explores questions of ‘prematurity’ and ‘ripeness’, along with the courts' general approach to the exclusion of judicial review and the role of standing, or locus standi, in initiating judicial review proceedings. The chapter concludes with an overview of the application of the ‘no difference’ principle in dealing with restriction of remedies.
4. The 1925 Legislation
Authors: Thompson Mark P. , George Martin
Published: August 2017

In 1925, England enacted substantial legislation that recast the existing Land Law, and which provided the framework on which modern Land Law was developed for more than seventy-five years. The essential framework remained intact until the enactment of the Land Registration Act 2002, which replaced, and substantially modified, the Land Registration Act 1925. But while the Land Registration Act 2002 is expected to be an important piece of legislation relating to land ownership in England, the 1925 legislation will still provide a good deal of the theoretical underpinning of the subject. This chapter discusses the main strategies of the Land Registration Act 1925, focusing on its effect on unregistered land. It first describes Land Law after 1925 before turning to legal estates, legal interests in land, equitable rights, land charges registration under the Land Charges Act 1925, unregistrable interests, and classification of interests.
8. Consecutive and Concurrent Interests in Land
Authors: Thompson Mark P. , George Martin
Published: August 2017

According to the doctrine of estates, which provides the theoretical underpinnings of modern Land Law in England, a number of estates could exist simultaneously with regard to the same piece of land. Land could be settled upon one person for life, the remainder to a second person in fee tail, and the remainder to a third person in fee simple. The interests of the second and third persons are called future interests, which are considered consecutive interests in the land. In addition to consecutive interests, one can also have concurrent interests in the land. This chapter discusses the methods by which English law accommodates both consecutive and concurrent interests in the land. It also considers the law relating to co-ownership of land, the powers of the tenant for life, the structure of settlements, sale of trust, trust of land, the rights of beneficiaries, and overreaching.
10. Co-ownership 2: The Legal Framework of Co-ownership
Authors: Thompson Mark P. , George Martin
Published: August 2017

Co-ownership of land imposes a trust, which was originally a trust for sale but is now simply a trust of land, and which is imposed mainly because it is essential to determine, separately, the position of the co-owners in law and at equity. This is attributed to the legal framework that governs co-ownership. In the past, land could be co-owned via four different methods—joint tenancies, tenancies in common, tenancies by entireties, and coparceny—the first two of which remain important, while the last two are now virtually nonexistent. This chapter examines the legal framework under which co-ownership of land takes place. It first considers joint tenancies and tenancies in common before turning to co-ownership after 1925, severance and implied severance, acts of severance, disputes between co-owners, and disputes over sale.
14. Covenants between Freeholders
Authors: Thompson Mark P. , George Martin
Published: August 2017

People who wish to develop their land, or build upon it, must obtain planning permission, applications for which are made public and those who may be affected by the action may make representations. The law governing this area is a highly complex one and involves the public control of land use. Private control of land use involves landowners seeking to regulate how land is used within a particular locality. This chapter deals with covenants made between freeholders and how successors in title to the original parties to the covenant can either acquire the benefit of a covenant or take subject to the burden of it. It first discusses the privity of contract before turning to the transmission of covenants, common law, equity, and restrictive covenants, and also considers remedies available in case a breach of covenant arises, discharge of covenants, and positive covenants.