Re-evaluating recreational easements- new norms for the twenty-first century?

This book chapter evaluates the underpinnings for the validity of recreational and sporting easements in English law. Recognition of such easements represents a wider functional and progressive approach to easements, incorporating new norms of twenty-first century active lifestyles into what constitutes an easement

The end of the road for human rights in private landowners' disputes?

This article examines whether, and if so, to what extent human rights are progressively transforming the juridical basis of the law in relation to private landowners. First, the article analyses the vagaries which undermine a coherent framework for horizontality and erode stability and predictability in private land law disputes. It is argued that McDonald v McDonald is applying a species of negative obligation model with the consequence that horizontality will only apply in non-regulatory and non-consensual circumstances. Various grounds for cognitive dissonance between the analysis in McDonald and normative adjudicative reasoning are explored. It is suggested that judges may be evolving a form of contextual horizontality to deal with complexities involved in difficult circumstances. Secondly, it is examined whether vulnerability as a heuristic device can result in increased human rights protection for occupiers of privately owned land. Case law is analysed to demonstrate that flexibility to help the vulnerable is evident in deserving cases

Periodic tenancies subject to a fetter on the tenant- doctrinal dilemmas?

This article analyses the legal status of periodic tenancies subject to a contractual fetter on the tenant's ability to terminate the tenancy. It considers the following issues: firstly, the significance of the issue where there is a fetter on the tenant; secondly, the problematic purported assimilation of tenancies for uncertain duration and periodic tenancies subject to a fetter; thirdly, the substantive nature of objections to fetters; fourthly, whether the judicial analysis of periodic tenancies is satisfactory; and lastly, the future of periodic tenancies

Europe, human rights and land law in the 21st century: an English example

The central theme of this article is an examination of the influences of Europe and human rights law on English land law. The Supreme Court decisions in Manchester City Council v Pinnock and Hounslow London Borough Council v Powell are pivotal in aligning English land law with human rights principles in relation to public authority landowners under the European Convention on Human Rights. This article analyses six developments in the law: first, the gradual diminution of the “wide margin of appreciation” of national authorities; secondly, the modification of the stance towards human rights in repossession cases; thirdly, difficulties pertaining to proportionality; fourthly, the continuing significance of the Wednesbury test of unreasonableness; fifthly, the impact of human rights on proprietary certainty in English land law; and lastly, whether possession proceedings will become based on fair outcomes

Multi-output distance function for the North Sea Beam Trawl Fishery

Interactions between species in a fishery may be either biological (e.g. predatorprey) or technical (e.g. joint production). Technical interactions within fisheries have generally been assumed to exist, although the strength of these interactions has not been previously quantified. In this paper, we estimate a multi-output distance function for the UK North Sea demersal fishery and consider elasticities of substitution between the outputs. The empirical results of the paper have implications for continuing fisheries management in several countries. In particular, they reinforce the need for fisheries managers to consider the technical interactions between species when setting the TACs. Failure to consider these interactions may result in increased discarding in the fishery, and potentially lower than expected future yields

Arts curriculum implementation: Adopt and adapt as policy translation

This paper examines macro, meso and micro understandings of policy enactment within Western Australian primary school arts education where a new national arts curriculum is being revised and implemented through a process colloquially known as ‘adopt and adapt’. This paper focuses on how a government led implementation policy has influenced arts teaching and learning in unintended ways. It Includes a theoretical reflection and a consideration of the effects of such policies. Using policy enactment theory as the enquiry lens, four contextual variables are highlighted for their impact on teachers and schools. The variables include situated contexts, material contexts, professional cultures and external factors. Effects are discussed through the perspectives of eleven arts curriculum leaders drawn from in-depth semi-structured interviews. Marginalisation of the arts, the disconnection of schools and teachers to the arts and professional learning impacts are discussed as results of this policy translation

Benchmarking Fast-to-Alfven Mode Conversion in a Cold MHD Plasma

Alfv\'en waves may be generated via mode conversion from fast magneto-acoustic waves near their reflection level in the solar atmosphere, with implications both for coronal oscillations and for active region helio-seismology. In active regions this reflection typically occurs high enough that the Alfv\'en speed $a$ greatly exceeds the sound speed $c$, well above the $a=c$ level where the fast and slow modes interact. In order to focus on the fundamental characteristics of fast/Alfv\'en conversion, stripped of unnecessary detail, it is therefore useful to freeze out the slow mode by adopting the gravitationally stratified cold MHD model $c\to0$. This provides a benchmark for fast-to-Alfv\'en mode conversion in more complex atmospheres. Assuming a uniform inclined magnetic field and an exponential Alfv\'en speed profile with density scale height $h$, the Alfv\'en conversion coefficient depends on three variables only; the dimensionless transverse-to-the-stratification wavenumber $\kappa=kh$, the magnetic field inclination from the stratification direction $\theta$, and the polarization angle $\phi$ of the wavevector relative to the plane containing the stratification and magnetic field directions. We present an extensive exploration of mode conversion in this parameter space and conclude that near-total conversion to outward-propagating Alfv\'en waves typically occurs for small $\theta$ and large $\phi$ ($80^\circ$--$90^\circ$), though it is absent entirely when $\theta$ is exactly zero (vertical field). For wavenumbers of helioseismic interest, the conversion region is broad enough to encompass the whole chromosphere.Comment: 14 pages plus supplementary tables. Astrophys J (accepted 25 May 2011). Two ancillary animations (animated gif) attache

Direct combination: a new user interaction principle for mobile and ubiquitous HCI

Direct Combination (DC) is a recently introduced user interaction principle. The principle (previously applied to desktop computing) can greatly reduce the degree of search, time, and attention required to operate user interfaces. We argue that Direct Combination applies particularly aptly to mobile computing devices, given appropriate interaction techniques, examples of which are presented here. The reduction in search afforded to users can be applied to address several issues in mobile and ubiquitous user interaction including: limited feedback bandwidth; minimal attention situations; and the need for ad-hoc spontaneous interoperation and dynamic reconfiguration of multiple devices. When Direct Combination is extended and adapted to fit the demands of mobile and ubiquitous HCI, we refer to it as Ambient Combination (AC) . Direct Combination allows the user to exploit objects in the environment to narrow down the range of interactions that need be considered (by system and user). When the DC technique of pairwise or n-fold combination is applicable, it can greatly lessen the demands on users for memorisation and interface navigation. Direct Combination also appears to offers a new way of applying context-aware information. In this paper, we present Direct Combination as applied ambiently through a series of interaction scenarios, using an implemented prototype system