Ultra Vires as an Unjust Factor in the Law of Unjust Enrichment

This article examines the application of unjust enrichment and restitution law to ultra vires government acts. It posits a general theory about how courts should deal with the effect of unconstitutionality

Unjust enrichment as a principle of Australian constitutionalism

This article examines the central role of unjust enrichment in Australian constitutionalism. The Australian Constitution, amongst other things, divides the legislative powers of the Australian federal system between the Commonwealth (central) and State (regional) governments. Section 51 Constitution provides that the Commonwealth Parliament shall have power to make laws for the peace, order, and good government of the Commonwealth with respect to an enumerated list of powers. One of the enumerated legislative powers of the Commonwealth is the power to make laws with respect to the "acquisition of property on just terms from any State or person ...". The provision operates firstly to give the Commonwealth power to acquire property and secondly as an individual right or guarantee of just terms; that is as a constitutional protection of the right to private property..

The Legality of Free and Open Source Software Licences: The Case of Jacobsen v. Katzer

In August 2008 one of, if not the most, influential Intellectual Property courts in the USA known as the Court of Appeals for Federal Circuit upheld the validity of a free and open source software licence known as the Artistic Licence. The case is significant because up until this point there has been little judicial discussion of the legal operation of this new type of copyright licensing that is sweeping across the world fuelled by the ubiquity of the Internet. The decision in Robert Jacobsen v. Matthew Katzer and Kamind Associates, Inc. 2008 U.S. App. LEXIS 17161 (Fed. Cir. 2008) issued on 13 August 2008 provides a unique and welcomed insight into the legal operation of free and open source software licences and by analogy Creative Commons styled open content licences. This article analyses the judgment and provides commentary on its reasoning

Research investigation of helicopter main rotor/tail rotor interaction noise

Acoustic measurements were obtained in a Langley 14 x 22 foot Subsonic Wind Tunnel to study the aeroacoustic interaction of 1/5th scale main rotor, tail rotor, and fuselage models. An extensive aeroacoustic data base was acquired for main rotor, tail rotor, fuselage aerodynamic interaction for moderate forward speed flight conditions. The details of the rotor models, experimental design and procedure, aerodynamic and acoustic data acquisition and reduction are presented. The model was initially operated in trim for selected fuselage angle of attack, main rotor tip-path-plane angle, and main rotor thrust combinations. The effects of repositioning the tail rotor in the main rotor wake and the corresponding tail rotor countertorque requirements were determined. Each rotor was subsequently tested in isolation at the thrust and angle of attack combinations for trim. The acoustic data indicated that the noise was primarily dominated by the main rotor, especially for moderate speed main rotor blade-vortex interaction conditions. The tail rotor noise increased when the main rotor was removed indicating that tail rotor inflow was improved with the main rotor present

Differential Outcomes: causes and pedagogical responses

This study aimed to investigate and, to find pedagogical solutions, to support students who appeared to be vulnerable to ‘differential outcomes’ in summative assessments. The students were studying on undergraduate degree courses in the Education department at a college of Further Education in south London. The research was informed by my professional role as director of higher education and I planned the research with my colleagues as a collaborative project. The twin aims of investigating the causes of differential outcomes, and thereafter, seeking pedagogical responses to these findings meant that I carried out the research in two phases. In both phases I used an interpretivist approach, within a participatory action research methodology. I used mixed, quantitative and qualitative methods, in phase one; a student survey (n=372), in-depth student interviews (n=3), analysis of student support records (n=60), analysis of students’ summatively assessed essays (n= 9). In phase two; student feedback including end of research feedback (n=30), observations of students’ in-class reading behaviours (n=158), observations of students during a coaching tutorial (n= 26) and analysis of students’ assessed work, (n=132). I also used an interpretivist approach to interpret the data and in-keeping with my intention to centralise the student voice I prioritised student’ feedback as the primary data source. The findings of the first phase revealed a variety of unmet learning needs, the nucleus of which was the students’ challenges in developing deep academic thinking skills. A sub-theme related to students’ academic confidence and their identity as a student, much of which could be traced back to negative early education experiences. The findings of the second phase showed that students tended to value learning experiences that promoted academic self-confidence and allowed them to develop a more positive self-image as a student. The benefit of enhanced self-confidence was higher levels of autonomy and more independent thinking skills. Additionally, real learning benefits were brought about by opportunities for students to use innovative and practical strategies within a coaching tutorial. This allowed them to develop their academic skills within a very personalised and nuanced learning environment. Students placed significant value on the personalised nature of the coaching tutorial and the opportunity to reflect on their own learning processes and patterns. A number of practical proposals for staff and the senior management of the college to consider are recommended when reviewing the matter of differential outcomes within the higher education provision. These include; an Institutional Reflective Framework that seeks to capture the matter from institutional level through to individual practice. Opportunities to improve and develop the delivery of tutorials were identified and I have created coaching tutorial guidelines to be considered by those staff who are supporting academically vulnerable students

Liquid belt radiator design study

The Liquid Belt Radiator (LBR) is an advanced concept developed to meet the needs of anticipated future space missions. A previous study documented the advantages of this concept as a lightweight, easily deployable alternative to present day space heat rejection systems. The technical efforts associated with this study concentrate on refining the concept of the LBR as well as examining the issues of belt dynamics and potential application of the LBR to intermediate and high temperature heat rejection applications. A low temperature point design developed in previous work is updated assuming the use of diffusion pump oil, Santovac-6, as the heat transfer media. Additional analytical and design effort is directed toward determining the impact of interface heat exchanger, fluid bath sealing, and belt drive mechanism designs on system performance and mass. The updated design supports the earlier result by indicating a significant reduction in system specific system mass as compared to heat pipe or pumped fluid radiator concepts currently under consideration (1.3 kg/sq m versus 5 kg/sq m)

The challenges faced by four African economies : Zimbabwe, Zambia, Tanzania, and the Sudan / 958

Includes bibliographical references

A describing function analysis in closed loop systems with pulse frequency modulators

Describing functions for stability analysis of integral pulse frequency modulated unity feedback closed loop syste

Visual sensitivity tester

Testing device uses closed loop film cassettes to project programmed visual stimuli on screen which the observer views through a lens making the stimuli appear to be at optical infinity. Tester is useful for determining changes in glautomatous visual field sensitivity