Encroachment or accession? The importance of the extent of encroachment in light of South African constitutional principles

South African courts seemingly regard every instance of building partly on a neighbour's land as an encroachment. Strangely, the principles of accession, usually dominant in determining the ownership of buildings, are never discussed in this context. The decision in Trustees, Brian Lackey Trust v Annandale 2004 (3) SA 281 (C) provides a clear example of this mode of reasoning and its severe consequences for the encroached-upon neighbour. This approach seems to focus only on the interests of the builder and does not give due consideration to the rights of the neighbour - and arguably results in an arbitrary deprivation of the neighbour's property in terms of s 25(1) of the Constitution, particularly where the encroachment is very extensive. This article contends that, in order to comply with the constitutional obligation to develop the common law in light of the values enshrined in the Bill of Rights, the courts must adopt a nuanced approach to situations involving building on another's land, so as to give proper attention to the rights of both parties and thus to prevent the possibility of unfair deprivation. In particular, it is argued that the extent of encroachment must guide the court in its decision whether to regard the interference with possession as an encroachment rather than an instance of accession, and in determining the appropriate remedy

Commissioning of self-management support for people with long-term conditions: an exploration of commissioning aspirations and processes

Objectives: To explore how self-management support (SMS) is considered and conceptualised by Clinical Commissioning Groups (CCGs) and whether this is reflected in strategic planning and commissioning. SMS is an essential element of long-term condition (LTC) management and CCGs are responsible for commissioning services that are coordinated, integrated and link into patient's everyday lives. This focus provides a good test and exemplar for how commissioners communicate with their local population to find out what they need.Design: A multisite, quasi-ethnographic exploration of 9 CCGs.Setting: National Health Service (NHS) CCGs in southern England, representing varied socioeconomic status, practice sizes and rural and urban areas.Data collection/analysis: Content analysis of CCG forward plans for mention of SMS. Semistructured interviews with commissioners (n=10) explored understanding of SMS and analysed thematically. The practice of commissioning explored through the observations of Service User Researchers (n=5) attending Governing Body meetings (n=10, 30?hours).Results: Observations illuminate the relative absence of SMS and gateways to active engagement with patient and public voices. Content analysis of plans point to tensions between local aspirations and those identified by NHS England for empowering patients by enhancing SMS services (‘person-centred’, whole systems). Interview data highlight disparities in the process of translating the forward plans into practice. Commissioners reference SMS as a priority yet details of local initiatives are notably absent with austerity (cost-containment) and nationally measured biomedical outcomes taking precedence.Conclusions: Commissioners conceptualise locally sensitive SMS as a means to improve health and reduce service use, but structural and financial constraints result in prioritisation of nationally driven outcome measures and payments relating to biomedical targets. Ultimately, there is little evidence of local needs driving SMS in CCGs. CCGs need to focus more on early strategic planning of lay involvement to provide an avenue for genuine engagement, so that support can be provided for communities and individuals in a way people will engage with.<br/

Responsible conduct of research: Global trends, local opportunities

Instances of research misconduct reported in the lay and scientific literature as well as international efforts to encourage research integrity and the responsible conduct of research are currently receiving considerable attention. In South Africa, however, the topic has not featured prominently in public debate and clear evidence of a national, coordinated effort to address the problem of research misconduct seems to be lacking. Given increasing globalisation of research efforts, the need exists to promote standardised approaches to interpretation and implementation of the principles and values that underlie responsible conduct of research as well as to create guidelines and structures to promote integrity in research in the country. We explore the notions of research misconduct and research integrity, focusing on initiatives that promote responsible conduct of research, and propose a framework for the South African context

The influence of personal communities in understanding avoidable emergency department attendance: qualitative study

Background: Use of emergency department (ED) care globally seems to be increasing at a faster rate than population growth (Baker, House of Commons Library. Accident and Emergency Statistics, Demand, Performance, 2017). In the UK there has been a reported 16% rise in emergency admissions over the past 5 years. Estimates that between 11 and 40% of ED attendances are non-urgent, with 11% of patients being discharged from the ED without treatment (NHS Digital 2017), and a further 44% require no follow-up treatment (NHS Digital, Hospital Accident and Emergency Activity 2016-17, 2019) is cited as evidence that these patients did not require this level of care. The solution to not using the most appropriate point in the system has traditionally been seen as a knowledge problem, requiring, improved sign-posting and information to enable people to self-manage or use health care management for minor ailments. However research about help-seeking behaviour suggests that the problem may not be an informational one. A considerable literature points to help seeking as a social process influenced by a range of contingencies and contextual factors including the way in which lay people influence health care utilisation (Giebel et al. BMJ Open 9:1, 2019). Personal communities comprise a variety of active and significant social ties which have potential to influence individual capacity to seek help. Here we extend and unpack further influencing decisions about seeking formal health care with reference to how they are shaped and informed by and within personal social networks. Methods: We undertook a personal network mapping and qualitative interview-based study to look at, problematize and understand attendance for non-urgent problems. We used network analysis and methods to map and characterise the personal communities of people seeking help from ED for minor ailments and semi-structured interviews with 40 people attending a single ED and associated GP hub providing equivalent care. Interviews were built around an ego network mapping activity and a topic guide structured to explore attender's narratives about why they had visited the ED. This ego network activity uses a diagram consisting of three concentric circles (Fiori et al. J Gerontol B-Psychol 62: 322-30, 2007), representing closest social network members (in the centre) and those at further distance. Participants were initially presented with one of these diagrams and asked to write names of people or resources that had played a role in their attendance and the interviewer probed the interviewee to discuss the actions, input and value of the people and services that supported the visit to the ED. Results: We analysed number and type of network connections and undertook a thematic analysis to identify how imagined and actual network members and influences were implicated in ED attendance. The network maps created during the interviews were examined and a typology of networks was developed and used to distinguish different types of networks informed by our reading of the data, and a Network Typology Scoring Tool, a measure of frequency of contact and relationship type in networks. Conclusions: Our study suggests that faced with acute minor illness or injury people's networks narrow: they do not (and perhaps cannot) mobilise their imagined care network because the resources or connections may not be there or are difficult to engage. In addition we identified important system drivers of behaviour, notably that these patients are often directed to the ED by 'professional influencers' including health services staff.</p

Agonist-induced internalization and desensitization of the apelin receptor

Apelin acts via the G protein-coupled apelin receptor (APJ) to mediate effects on cardiovascular and fluid homeostasis. G protein-coupled receptor (GPCR) trafficking has an important role in the regulation of receptor signalling pathways and cellular functions, however in the case of APJ the mechanisms and proteins involved in apelin-induced trafficking are not well understood. We generated a stable HEK-293 cell line expressing N-terminus HA-tagged mouse (m) APJ, and used a semi-automated imaging protocol to quantitate APJ trafficking and ERK1/2 activation following stimulation with [Pyr(1)]apelin-13. The mechanisms of [Pyr(1)]apelin-13-induced internalization and desensitization were explored using dominant-negative mutant (DNM) cDNA constructs of G protein-coupled receptor kinase 2 (GRK2), β-arrestin1, EPS15 and dynamin. The di-phosphorylated ERK1/2 (ppERK1/2) response to [Pyr(1)]apelin-13 desensitized during sustained stimulation, due to upstream APJ-specific adaptive changes. Furthermore, [Pyr(1)]apelin-13 stimulation caused internalization of mAPJ via clathrin coated vesicles (CCVs) and also caused a rapid reduction in cell surface and whole cell HA-mAPJ. Our data suggest that upon continuous agonist exposure GRK2-mediated phosphorylation targets APJ to CCVs that are internalized from the cell surface in a β-arrestin1-independent, EPS15- and dynamin-dependent manner. Internalization does not appear to contribute to the desensitization of APJ-mediated ppERK1/2 activation in these cells

Reflections on Judicial Views of uBuntu

Since S v Makwanyane, ubuntu has become an integral part of the constitutional values and principles that inform interpretation of the Bill of Rights and other areas of law. In particular, a restorative justice theme has become evident in the jurisprudence that encompasses customary law, eviction, defamation, and criminal law matters. This contribution explores the scope and content of ubuntu, as pronounced on by the judiciary in various cases, and demonstrates that its fundamental elements of respect, communalism, conciliation and inclusiveness enhance the constitutional interpretation landscape. Two major epochs are highlighted in the development of ubuntu, marked by the constitutional decisions in Makwanyane and PE Municipality respectively. The former carved the central avenue of development for ubuntu, while the latter marked the start of the thematic development of the concept in the direction of restorative justice. Furthermore, the article engages critically with the use of ubuntu, with criticisms levelled against the conceptualisation of ubuntu as a legal notion, ranging from its ambiguity to its redundancy, to perceptions of dichotomies, and issues of exclusion. The paper also questions the manner in which the courts have applied the legal concept of ubuntu uncritically, without reference to African sources to illustrate its meaning in different contexts, and without questioning its compatibility with the Bill of Rights. Finally, it attempts to reveal the connections between ubuntu and the values underlying&nbsp; the Bill of Rights. &nbsp;&nbsp;&nbsp

Developing Scholarly Collaboration through Fulbright Programs

Elizabeth M. Pope, Department of Lifelong Education, Administration and Policy, University of Georgia; Kathleen P. deMarrais, Department of Lifelong Education, Administration, and Policy, University of Georgia; Anne G. Cagney, School of Lifelong Learning and Education, Waterford Institute of Technology; Nancy D. Moore, Department of Health and Exercise Sciences, Truman State University. This research was supported in part by grants from the Irish Research Council’s “New Foundations” program. Correspondence concerning this article should be addressed to Elizabeth M. Pope, Department of Lifelong Education, Administration, and Policy, University of Georgia, Athens, GA 30602. Email: [email protected] Abstract The demand for collaborative research is growing and many institutions and organizations encourage the creation of national and international partnerships. Faculty granted with a Fulbright award have an opportunity for international collaboration. The Fulbright program facilitates an international exchange of students and scholars and seeks to promote shared knowledge and mutual understanding. While personal narratives as well as several studies describe increased cultural awareness, little is known about the impact of the Fulbright experience on international collaboration. This qualitative interview study sought to understand if or how the Fulbright experience facilitated the creation of research partnerships and how Fulbright scholars’ learning and development were supported while abroad. Findings show having a pre-existing network, transitionary and social support, and professional opportunities because of their scholarly network impact the Fulbright scholar’s learning and development. Findings enhance current understandings of international research partnerships and Fulbright’s role in facilitating their creation, illustrating how these partnerships influence a scholar’s research and teaching agendas

The effects of apelin on hypothalamic–pituitary–adrenal axis neuroendocrine function are mediated through corticotrophin-releasing factor- and vasopressin-dependent mechanisms

The apelinergic system has a widespread expression in the central nervous system (CNS) including the paraventricular nucleus, supraoptic nucleus and median eminence, and isolated cells of the anterior lobe of the pituitary. This pattern of expression in hypothalamic nuclei known to contain corticotrophin-releasing factor (CRF) and vasopressin (AVP) and to co-ordinate endocrine responses to stress has generated interest in a role for apelin in the modulation of stress, perhaps via the regulation of hormone release from the pituitary. In this study, to determine whether apelin has a central role in the regulation of CRF and AVP neurones, we investigated the effect of i.c.v. administration of pGlu-apelin-13 on neuroendocrine function in male mice pre-treated with the CRF receptor antagonist, α-helical CRF9–41, and in mice-lacking functional AVP V1b receptors (V1bR KO). Administration of pGlu-apelin-13 (1 mg/kg i.c.v.) resulted in significant increases in plasma ACTH and corticosterone (CORT), which were significantly reduced by pre-treatment with α-helical CRF9–41, indicating the involvement of a CRF-dependent mechanism. Additionally, pGlu-apelin-13-mediated increases in both plasma ACTH and CORT were significantly attenuated in V1bR KO animals when compared with wild-type controls, indicating a role for the vasopressinergic system in the regulation of the effects of apelin on neuroendocrine function. Together, these data confirm that the in vivo effects of apelin on hypothalamic–pituitary–adrenal neuroendocrine function appear to be mediated through both CRF- and AVP-dependent mechanisms

Discoveries from La Manche : five years of early prehistoric research in the Channel Island of Jersey

Grateful thanks to the AHRC, NERC, the Leverhulme Foundation and the Calleva FoundationSince 2010 a new field project drawn from major UK institutions including the UCL Institute of Archaeology, has focused research on the Palaeolithic and Mesolithic record of the Channel Island of Jersey. In this retrospective of five years of research the history of the project to date, its focus on the Middle Palaeolithic site of La Cotte de St Brelade and its growth into an international research team is charted. The formation of the La Manche Prehistorique research network in 2015 marks a new chapter in the development of this project. With its wider focus, but continued commitment to research in the Channel Islands, the research group are working towards a unified early prehistoric research framework for the English Channel region.Publisher PDFPeer reviewe