bluuebunny/crossref_metadata_2025_split huggingface dataset:
Cost benefit analysis approach to global claims
Authors: Lord Wayne Edward , Gray Thomas Edward 
Published: October 2011

PurposeThe purpose of this paper is to examine relevant case law governing the failure and/or success of global or rolled‐up claims, where it is said to be impractical or impossible to demonstrate the links between certain causes of action and the monetary value to be attached to each. The paper proposes a theoretical framework to improve a claimant's prospects of success in advancing a global claim, not only in circumstances where it may be impractical or impossible to provide a breakdown but also where a cost benefit analysis concludes it is reasonable to do so.Design/methodology/approachThe paper uses traditional doctrinal legal methodology to evaluate judicial statements on the merits of global claims from a number of jurisdictions. The paper also draws on key authorities from the realms of health and safety and professional negligence.FindingsThe cases demonstrate attempts by the court to recognise the problems faced by claimants at the end of a construction contract where their total costs exceed the agreed contract price. The comparative success or failure of a global claim depends on the judicial approach to a number of factors including: impossibility, impracticability, conduct of the claimant and defendant, balance between excessive particularity and basic information, the keeping of records, the costs of claim preparation and apportionment. There remains a significant risk of failure of a global claim but the risk can be reduced significantly provided the claimant conducts a defensible cost benefit analysis of the approach taken.Practical implicationsA global claim can be used more often provided the rationale behind its presentation forms a logical basis. The cost of litigating complex construction contracts can be reduced significantly if global claims can become the norm rather than the exception, provided the claimant conducts a cost benefit analysis and the court concludes the analysis is reasonable and defensible.Originality/valueTraditional legal theory relies upon the proposition that the claimant must prove that to which he believes he is entitled to such an extent that the defendant's right to know the case it has to meet is satisfied. This paper adds value to the theory by proposing a radical strategy whereby a reasonable claimant can assist the court in finding a factual and logical basis for awarding the whole of a global claim and, where appropriate, by deduction in addition to the principle of apportionment, less than the whole.
A consideration of recovery of prolongation costs in a construction context
Authors: Champion Ronan 
Published: October 2011

PurposeThe purpose of this paper is to review the principles for valuation and proof of contractor's claims for additional site overheads arising from delays to completion of construction projects.Design/methodology/approachAn overview of prolongation costs and established principles for recovery is provided. Aspects of recent decisions are analysed critically with respect to proof of delay claims, site overheads and claims for winter working losses. Findings are compared with the established principles.FindingsSome statements in the judgment in Costain v. Haswell [2010] TCLR 1 with respect to requirements for proof of delay claims and for recovery of site overheads depart from established principles. Other elements of the judgment confirm existing principles. The need to distinguish between time‐ and volume‐related costs emerges as critical in valuation of delay‐related losses.Practical implicationsThe need for a claimant to establish proof of delays to completion, and proof of loss, particularly in professional negligence claims, is emphasised. The consequences of failing to establish proof are noted as extending potentially to loss of the entire claim.Originality/valueThe paper will help construction practitioners, academics and lawyers understand the potentially far‐reaching impact of the principles advocated in recent case law.
New homes and consumer rights: England and Australia compared
Authors: Britton Philip , Bailey Julian 
Published: October 2011

PurposeThe purpose of this paper is to contrast consumer laws in England and Australia in relation to residential building projects, and considers how the laws of England may be improved in light of the Australian laws.Design/methodology/approachThe paper reviews consumer laws in both England and Australia, and examines the measures that are in place (or not) to protect consumers who engage builders or purchase a home that contains latent defects.FindingsAfter comparing the laws of the two countries, the conclusion is made that English law could be improved by imposing regulations on builders, including by mandating the use of written contracts for building work which are required to contain particular terms, requiring builders to be licensed and insured, and by introducing a consumer‐friendly form of dispute resolution for home building disputes.Practical implicationsThe paper recommends that there be law reform in England.Originality/valueThe paper provides (so far as the authors are aware) the first comparison of English and Australian consumer laws in relation to residential building work.
Business and social entrepreneurs in the UK: gender, context and commitment
Authors: Levie Jonathan , Hart Mark 
Published: October 2011

PurposeThe purpose of this paper is to investigate what sort of people become social entrepreneurs, and in what way they differ from business entrepreneurs. More importantly, to investigate in what socio‐economic context entrepreneurial individuals are more likely to become social than business entrepreneurs. These questions are important for policy because there has been a shift from direct to indirect delivery of many public services in the UK, requiring a professional approach to social enterprise.Design/methodology/approachEvidence is presented from the Global Entrepreneurship Monitor (GEM) UK survey based upon a representative sample of around 21,000 adults aged between 16 and 64 years interviewed in 2009. The authors use logistic multivariate regression techniques to identify differences between business and social entrepreneurs in demographic characteristics, effort, aspiration, use of resources, industry choice, deprivation, and organisational structure.FindingsThe results show that the odds of an early‐stage entrepreneur being a social rather than a business entrepreneur are reduced if they are from an ethnic minority, if they work ten hours or more per week on the venture, and if they have a family business background; while they are increased if they have higher levels of education and if they are a settled in‐migrant to their area. While women social entrepreneurs are more likely than business entrepreneurs to be women, this is due to gender‐based differences in time commitment to the venture. In addition, the more deprived the community they live in, the more likely women entrepreneurs are to be social than business entrepreneurs. However, this does not hold in the most deprived areas where we argue civic society is weakest and therefore not conducive to support any form of entrepreneurial endeavour based on community engagement.Originality/valueThe paper's findings suggest that women may be motivated to become social entrepreneurs by a desire to improve the socio‐economic environment of the community in which they live and see social enterprise creation as an appropriate vehicle with which to address local problems.
Motherhood and entrepreneurship: gender role identity as a resource
Authors: Leung Aegean 
Published: October 2011

PurposeThe purpose of this paper is to consider gender role identity as an informal institution shaping female entrepreneurship, and to illuminate the dual effects of institutions as constraining and enabling forces.Design/methodology/approachThe paper examines the context of female entrepreneurship in Japan, and highlights the importance of “motherhood” for Japanese women. Outlining the institutional context of gender role and female entrepreneurship, and using two case studies of Japanese female entrepreneurs as illustrative examples, the paper explores how gender role identity can be viewed as a core element driving female entrepreneurship. Drawing on institutional theory and the “role as resource” perspective, a set of propositions are advanced on linkages between gender role identity and female entrepreneurship.FindingsThe findings suggest that a strong identification with their family roles, in particular the role as a mother, lead Japanese women onto the entrepreneurial path. A strong gender role identity is also reflected in the identity of the ventures, the products and services provided by these ventures, and their organizational structure and practices.Research limitations/implicationsThis study represents an initial attempt to explore how female entrepreneurs can leverage their gender role identity in creating a unique configuration for their ventures that represents a fit to their identity as mothers.Originality/valueInstead of viewing gender role identity one‐sidedly as a constraint, the case‐study‐based conceptual arguments advanced are employed to develop a more balanced perspective on motherhood as being an enabling factor in female entrepreneurship.
Seismic vulnerability of the health infrastructure in the Himalayan township of Mussoorie, Uttarakhand, India
Authors: Rautela Piyoosh , Chandra Joshi Girish , Bhaisora Bhupendra 
Published: October 2011

PurposeThe purpose of this paper is to attempt to assess the seismic vulnerability of the built environment in the Himalayan township of Mussoorie in the state of Uttarakhand (India), paying specific attention to hospitals. Also an attempt is made to assess the magnitude of minimum economic losses, so as to design and undertake measures for reducing human misery in the event of a major disaster.Design/methodology/approachSeismic vulnerability of the building stock is evaluated using FEMA technique rapid visual screening and the likely earthquake induced damage is depicted as a function of the damage grades of the European Macroseismic Scale (EMS‐98). In total, 3,344 buildings, including 14 hospitals, are surveyed. In the field the structures are mapped using IKONOS satellite imagery while the collected data are analysed under geographic information system environment.FindingsIt was found that 18 percent of surveyed structures fall in high probability of Grade 5 damage and very high probability of Grade 4 damage class. This is estimated to result in economic loss of US$52.47 million. Almost, 80 percent of the hospitals of Mussoorie are thus likely to be non‐functional in the post‐earthquake phase due to varying degrees of structural and non‐structural damage.Research limitations/implicationsThe study does not account for the cost of demolition or ground clearance cost for reconstruction, or losses likely to be incurred by public infrastructure. Thus, it is implied that retrofitting and replacement of vulnerable healthcare infrastructure should be facilitated on a priority basis along with development of suitable plans for mitigating losses in an earthquake event.Practical implicationsThe study brings forth the importance of corrective actions (retrofitting/replacement) and detailed vulnerability assessment of all lifeline structures on priority basis.Social implicationsThe results are intended to reduce seismic vulnerability and human toll in the event of any earthquake in the area.Originality/valueThe work is based upon the original data generated by the authors through rigorous fieldwork in the area and the results are totally based on these.
Climate change risks and opportunities in hospital adaptation
Authors: Loosemore Martin , Carthey Jane , Chandra Venny , Mirti Chand Anumitra 
Published: October 2011

PurposeThe future of healthcare delivery will depend in part on the adaptive capacity of hospital infrastructure required to respond to the predicted physical and health‐related impacts of climate change. The purpose of this paper is to assess the vulnerabilities and opportunities of existing hospital facilities faced with climate‐related extreme weather events and to identify adaptive strategies that will enable existing hospital facilities to assist rather than hinder healthcare continuity and quality during these events.Design/methodology/approachFour major hospitals in Australia and New Zealand, significantly exposed to climate change‐associated extreme weather event risks, were selected as case studies. A risk management workshop was conducted for each case study using the risk and opportunity management system methodology.FindingsThe preliminary findings identified several key objectives associated with responding to the impact of extreme weather events on healthcare infrastructure. Assuming the overall aim of ensuring continuity of service delivery, the common objectives are: guaranteeing the availability of essential (building) services; maintaining the physical integrity of the hospital; supporting effective inter‐agency communication; and providing access to and from the hospital for staff and patients.Research limitations/implicationsGiven Australia's relatively high exposure to climate extremes, the social, economic and health benefits of developing hospital adaptation strategies to mitigate risks and maximize opportunities in responding are significant.Practical implicationsThe outcomes of this research will contribute to a growing evidence base of design and facilities management adaptation strategies for hospitals susceptible to increasing risks of extreme weather events.Originality/valueThe paper presents the first assessment of climate vulnerabilities and opportunities for hospital facilities in Australia and New Zealand.
Disaster risk reduction for health facilities in the Western Pacific Region
Authors: Sam A. Geroy Lester , Pesigan Arturo M. 
Published: October 2011

PurposeThe purpose of this paper is to present a qualitative report on the implementation of activities aimed at reducing disaster risks through safer health facilities in the Western Pacific region.Design/methodology/approachIn response to the Global Campaign on Hospitals Safe from Disasters 2008‐2009, the World Health Organization, with support from the European Commission, provided tools that enabled government, communities and institutions to reduce the risks of their hospitals and health facilities from disasters due to natural hazards. Target countries included Cambodia, Lao PDR, the Philippines and Viet Nam. Different activities were implemented based on country needs, contexts and capacities.FindingsHospital assessments revealed gaps in infrastructure, essential emergency equipment and functional capacity. Enhancing preparedness and resilience of health facilities is a vital component to ensure risk mitigation and disaster response in communities.Research limitations/implicationsThe report calls for further studies on specific gaps in health sector capacity, deficiencies in health infrastructure and economic analysis.Practical implicationsThe health sector should implement disaster risk reduction and preparedness strategies through the support of local and national governments.Originality/valueThis is the first report on risk reduction initiatives in the health sector in developing countries in the region. Written at the regional perspective, it engages national and local governments, health policy makers and health facility administrators in the public and private sectors.
Today becomes tomorrow
Authors: Tilbury Daniella , Ryan Alexandra 
Published: October 2011

PurposeThe present preoccupations of businesses and business educators include the increasing global debt, rising unemployment and expanding carbon footprints, and the societal and governmental pressures to minimise the impact of these challenges. Meanwhile, the urge towards technical fixes and problem solving is shaping the way that business is done today and constraining business practices for tomorrow. The repercussions for business education are serious and systemic, as these responses neglect the need to critically question, innovate and rethink business futures, through our educational processes. The purpose of this paper is to provide context and orientation to this special issue collection which showcases current thinking and practice in higher education aimed at addressing this predicament and finding new responses.Design/methodology/approachThis paper offers a critical review of developments geared towards more sustainable and responsible forms of business education and practice. It takes an inclusive view of “sustainability” that embraces issues such as poverty and inequality, environmental degradation, human rights and access to resources. The concept reaches beyond the practice of “corporate social responsibility” to take into account the complex challenge of reorienting business practice to improve development processes and life chances worldwide, in the context of the inevitable limits to planetary resources.FindingsThe paper considers the influences of international movements in ushering in a vision of learning for sustainability in business education. It discusses challenges that have come to light through recent initiatives and in literature on curriculum innovation in this area. The paper calls for a re‐envisioning of business practice, education and learning which goes beyond remedies for current symptoms of unsustainable development and unmasks the need to reconnect business with people and planet.Originality/valueThis paper foregrounds lessons learned from several areas of thought and practice that have bearing on the communities of practice for business education. It frames and situates the contributions presented in this collection, exploring upcoming agendas in this critically important field.
Criticality by stealth: embedding tools for sustainability in the business curriculum
Authors: Redding Peter , Cato Molly Scott 
Published: October 2011

PurposeThe purpose of this paper is to provide a case study which illustrates how specific skills can be embedded within an undergraduate business module thereby promoting wider criticality and an ethos of sustainability.Design/methodology/approachThe paper analyses a pragmatic approach to redesigning a third‐year undergraduate module on twenty‐first century business topics such as globalisation and sustainability in which students acquire subject‐specific knowledge as well as the tools necessary for challenging current approaches. The redesign was guided by a series of emergent paradigms within the pedagogical literature, including student‐centred learning, emphasis on skills development and elements of the critical management perspective. “Questioning perceived wisdom” became the subtext for a series of activities linked to continuous assessment. Action research provided a basis for curricular development, and resulted in lectures with multiple viewpoints and a variety of weekly tasks including analyses of in‐class debates, surveys, and online discussions in small groups. The new structure also sought to address instrumental attitudes and student engagement. Rich qualitative and quantitative data were generated from the surveys, discussion groups, exam scripts and student feedback.FindingsData show that students responded well to those activities which implicitly reinforced the skills of “questioning” and judgement based on evidence. The increased engagement may be due to incentivisation of the chosen assessment structure and/or the heuristic nature of the varied activities.Originality/valueThis paper invites practitioners to shift away from “teaching” sustainability or criticality as an intellectual topic, and rather to concentrate more on creating those experiential opportunities where the student can develop the skills to question current dogma, whether neo‐liberalism or even environmental fundamentalism.
Responsibility and integrity in the curriculum
Authors: Robinson Simon , Dowson Paul 
Published: October 2011

PurposeThe purpose of this paper is to examine the meaning of responsibility and how it might be integrated into the business school and university curriculum.Design/methodology/approachThe paper analyses responsibility in terms of interactive modes, involving imputability (critical agency connecting culture and meaning, through reflection on purpose, values and practice), accountability (involving capacity to give an account and to handle plural accountability), and moral liability (involving responsibility for people, environment and practice, requiring shared and negotiated responsibility). This is related to employability and integrity, and then to practice in the curriculum.FindingsThe paper argues that the theory and practice of responsibility is able to integrate cognate concepts, different disciplines, different skills and dispositions and plural roles. The paper then argues that responsibility is most effectively engaged through a pedagogy of reflective practice and critical conversation, focused in personal, professional, civil, corporate and global responsibility, and provides a practical example.Originality/valueThe paper is original in the breadth of its view of responsibility, the stress on responsibility as focused in plurality and identity, and in the attempt to develop an integrated approach to teaching that focuses on responsibility.
PEST‐domain‐enriched tyrosine phosphatase and glucocorticoids as regulators of anaphylaxis in mice
Authors: Obiri D. D. , Flink N. , Maier J. V. , Neeb A. , Maddalo D. , Thiele W. , Menon A. , Stassen M. , Kulkarni R. A. , Garabedian M. J. , Barrios A. M. , Cato A. C. B. 
Published: October 2011

To cite this article: Obiri DD, Flink N, Maier JV, Neeb A, Maddalo D, Thiele W, Menon A, Stassen M, Kulkarni RA, Garabedian MJ, Barrios AM, Cato ACB. PEST‐domain‐enriched tyrosine phosphatase and glucocorticoids as regulators of anaphylaxis in mice. Allergy 2012; 67: 175–182.Abstract
Background:  PEST‐domain‐enriched tyrosine phosphatase (PEP) is a protein tyrosine phosphatase exclusively expressed in hematopoietic cells. It is a potent negative regulator of T‐cell receptor signalling that acts on receptor‐coupled protein tyrosine kinases. PEST‐domain‐enriched tyrosine phosphatase is also expressed in mast cell and is positively regulated by glucocorticoids, but its function is unknown. In this communication, the function of PEP is analysed in mast cells.
Methods:  Signal transduction cascades following IgE receptor cross‐linking were compared in bone marrow‐derived mast cells (BMMC) from PEP−/− and PEP+/+ mice. Furthermore, antigen‐induced passive systemic anaphylaxis (PSA) was analysed in PEP+/+ and PEP−/− mice.
Results:  Bone marrow‐derived mast cells from PEP−/− mice showed impaired PLCγ1 phosphorylation and Ca2+ mobilization. Additionally, mice deficient in PEP showed impaired mast cell degranulation and were less susceptible to PSA. Treatment of wild‐type BMMC or mice with an Au(I)–phosphine complex that selectively inhibits PEP activity produced defects in Ca2+ signalling pathway and reduced anaphylaxis similar to that caused by the deletion of the PEP gene. Glucocorticoid that negatively regulates a wide range of mast cell action increased PEP expression and only partially inhibited anaphylaxis. However, glucocorticoid potently inhibited anaphylaxis when combined with the PEP inhibitor.
Conclusions:  PEST‐domain‐enriched tyrosine phosphatase is an important positive regulator of anaphylaxis. Pharmacological inhibition of its activity together with glucocorticoid administration provide an effective rescue for PSA in mice.