Time to wind up Hollington v Hewthorn?

Explains how evidence, which would otherwise be inadmissible under either the hearsay rule or the rule in Hollington v F Hewthorn & Co Ltd, may be admissible in winding-up proceedings or directors disqualification proceedings under either the Civil Evidence Act 1995 s.1 or an implied exception to the rules. Comments on the Court of Appeal ruling in Secretary of State for Business Enterprise and Regulatory Reform v Aaron on the admissibility in directors disqualification proceedings of a Financial Services Authority report and Financial Ombudsman Service decisions

Confiscation orders and abuse of process: discretion to prevent "double whammy" under the Proceeds of Crime Act 2002

Explores the circumstances in which the making of an application for a confiscation order might amount to an abuse of process entitling the court to grant a stay of proceedings. Outlines the facts leading to the Court of Appeal decision in R. (on the application of BERR) v Lowe and reviews the case law referred to by the Court of Appeal. Highlights other cases decided subsequent to Lowe

Firm-Level Policy Toward Older Workers

This paper focuses on one aspect of long-term labor contracts -- employer-provided pensions -- in order to develop a better understanding of how such contracts affect employment patterns of older workers. Pensions are one of the few elements of the employment package which explicitly describe long term agreements between workers and their employers; consequently they offer a unique opportunity to study these agreements. The present paper combines labor supply and contract theory to examine pension responses to changes in taxes, Social Security benefits, and the federal government's recent decision to lift the age of mandatory retirement. Evidence on a longitudinal sample of pension plans from 1960 to the present suggests:(1) During the 1960-70 period, Social Security increases generated changes in pensions favoring early retirement; and (2) During the 1970-80 period, some plans reduced private pension benefits in response to the raising of the mandatory retirement age.

First impressions: phrenology and physiognomy in David Copperfield

This paper examines the influence of phrenology and physiognomy in Charles Dickens' novel David Copperfield. The title character spends a large section of the novel indicating various characters’ appearances as a way of illustrating his feelings towards them, following the popular culture of the time in which the book was both set and written in. One of the most prominent characters examined in this paper is Uriah Heep, who unnerves young David almost immediately upon seeing him because of his unsettling appearance. Though the Victorians may have popularized phrenology and physiognomy, the concept of understanding someone's personality based on their appearance can be traced back as early as Plato and the ancient Chinese civilizations. Other characters, such as the Murdstones or Mrs. Crupp, are also affected by these pseudosciences because of David's impression of them. During and even after the Victoria era, people used phrenology and physiognomy to attempt to prove criminals guilty simply because they had suspicious facial features. This paper uses these examples and others from both the culture at the time and the novel itself to determine if there is any truth in David Copperfield's judgment of other characters based on his first impressions of them. (Author abstract)Mitchell, R. (2014). First impressions: phrenology and physiognomy in David Copperfield. Retrieved from http://academicarchive.snhu.ed

Factors influencing driving in older age : an application of the theory of planned behaviour

This study investigates factors that may be related to dependency on driving and decisions to continue or ceased riving in older age. Some older drivers may be unsafe to drive (Drachman & Swearer, 1993), but are unwilling to cease, this can result in referrals to mental health services. The potential influence of attitudes towards driving on driving behaviour has been highlighted (O'Neill, 1996) but as yet has not been fully investigated. A questionnaire was developed, based on the Theory of Planned Behaviour, to elicit factors which might predict older drivers' intentions to drive more or less often. Reliability was demonstrated for the questionnaire, which was completed by 99 older drivers. The results indicated that the majority of older drivers used their car frequently. Two components of the Theory of Planned Behaviour were demonstrated to predict 73% of the variance in driving behaviour, namely, perceived behavioural control and attitude towards driving. Those drivers who perceived more positive outcomes for driving and less negative outcomes were likely to intend driving more often. Also those drivers with higher levels of perceived behavioural control were likely to intend to drive more often. A self-report measure of actual driving behaviour two to three months later, suggested that behavioural intention was highly related to subsequent driving behaviour. Methodological issues, future research and clinical implications of the findings are discussed. In particular, interventions based on attitude change and problem solving to decrease perceived dependency on the car, may facilitate the process of giving up driving

Behind the Veil: Mothering Empowerment

As Toni Morrison states in her text, The Site of memory, early slave narratives were written with the purpose of providing a historical account that was representative of the race and of enticing readers to see the worth and human nature of the subjects. In doing this, Morrison notes that the authors fell short of revealing the interior life as it was often dubbed too terrible to relate. After examining the interior lives of the mother figures in the texts of Harriet Jacobs, Toni Morrison, Dolen Perkins-Valdez, and Valerie Martin, it becomes clear that these maternal figures were not merely reactive to an oppressive slave culture that sought to have them submit in mind, body, and spirit, but they were also driven, creative, and determined to fulfil their maternal roles despite any social constructions. Not only were they willing to subvert the masters authority, but they were also willing to oppose the social constructions of their own race which empowered them as women and as mothers. Jacobs uses her sexuality, which was oppressed under the cult of true womanhood and slavery, as her opportunity to lift the veil and assert herself as a dominant woman, making motherhood the tangible sign of her self-determination. In Beloved, patterns of maternal violence disrupted social expectations and established the authoritative power of the African American woman and mother in a new light. Love as maternal provision is explored in Perkins-Valdezs Wench, in which Lizzie uses her position as concubine to initially provide for physical needs for her children and later to equip them with the knowledge and mission of abolition. Lastly, in Property, Valerie Martin explores the power struggles that ensue when the white mistress is obsessed with dominating the slave woman who has taken her place in the marital bed and as the maternal figure. Sarah, unlike her white mistress, is self-empowered, seeking her own desires. Meanwhile, Manon spends her life struggling for a perceived power found in white patriarchy. Looking behind the veil reveals that each of these maternal figures emerges empowered despite adherence to the prescribed racial, social, and gender roles

A Dubious Exercise of Case Consolidation: \u3cem\u3eCenter For Biological Diversity v. BP America Production Co.\u3c/em\u3e

The explosion of the Deepwater Horizon and the dispersal of millions of gallons of oil into the Gulf of Mexico in 2010 generated a mass of litigation. To organize and manage this complex mass, the U.S. District Court for the Eastern District of Louisiana created “pleading bundles,” which consolidated similar cases, and provided that each bundle must file a single complaint on behalf of the entire group. In Center for Biological Diversity v. BP America Production Co., the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s dismissal of most of the Center for Biological Diversity’s claims on the grounds of mootness, and further concluded that the district court was within its discretion when placing the Center’s case into a pleading bundle that did not recognize all of the Center’s claims. This Comment argues that the district court’s consolidation technique prejudiced the Center and was inappropriate