328 research outputs found

    A New Generation of Class Action Cy Pres Remedies: Lessons from Washington State

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    The use of cy pres as a mechanism to distribute residual funds in class actions has become increasingly common and the subject of much controversy. In the class action context, cy pres is an equitable remedy used by courts to appropriate class action settlement funds remaining after all identified class parties have been compensated to the funds’ “next best use,” usually to a charity. The controversy has stemmed primarily from a lack of clear judicially enforced standards on how and when to use cy pres. In light of recent controversy, both the Federal Rules Committee, and potentially the Supreme Court, are now considering stepping-in to consider changes to the doctrine. While most of the debate has focused on the federal courts, some states have been codifying their own approaches to provide structure and guidance to courts in the use of cy pres. In 2006, Washington State passed a groundbreaking amendment to Civil Rule 23, requiring that at least twenty-five percent of residual class action funds go the Legal Foundation of Washington, a charity providing legal aid services to indigent persons in the State of Washington. This rule is representative of a larger state trend towards adopting statutory approaches to cy pres that promote legal aid charities as appropriate cy pres recipients. Focusing primarily but not exclusively on Washington, this Comment argues that states have been effective “laboratories of innovation” in reaching workable solutions to the residual funds dilemma in consumer class actions. These codified state approaches to cy pres have shown to be effective methods for selecting and approving cy pres awards that provide for appropriate relief while curbing improper incentives and bias in the cy pres selection process

    A Mesolithic settlement site at Howick, Northumberland: a preliminary report

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    Excavations at a coastal site at Howick during 2000 and 2002 have revealed evidence for a substantial Mesolithic settlement and a Bronze Age cist cemetery. Twenty one radiocarbon determinations of the earlier eighth millennium BP (Cal.) indicate that the Mesolithic site is one of the earliest known in northern Britain. An 8m core of sediment was recovered from stream deposits adjacent to the archaeological site which provides information on local environmental conditions. Howick offers a unique opportunity to understand aspects of hunter-gatherer colonisation and settlement during a period of rapid palaeogeographical change around the margins of the North Sea basin, at a time when it was being progressively inundated by the final stages of the postglacial marine transgression. The cist cemetery will add to the picture of Bronze Age occupation of the coastal strip and again reveals a correlation between the location of Bronze Age and Mesolithic sites which has been observed elsewhere in the region

    Integrative Approaches to Environmental Sustainability at Universities: an overview of challenges and priorities

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    The principles of sustainable development are becoming extremely relevant for organisations. In the case of universities, these institutions can act as agents in promoting these principles within society. The literature contains a wide range of studies which show how universities may play a critical role in disseminating sustainability principles on the one hand, and their translation into practice, on the other. At present, many Higher Education Institutions are becoming more aware of their impact on the environment, and trying to understand the environmental needs and implications of their operations. Going further, some universities are incorporating sustainability principles into their activities. One of the questions that universities are now facing is how education for sustainable development can be translated into practice so that it can be effective in transforming society. This paper will discuss the need for and the usefulness of integrative approaches to implement sustainable development in higher education. In addition to a theoretical review of the state of the art, the paper will use case studies from the Hamburg University of Applied Sciences (Germany) and Bournemouth University (UK), to illustrate the effectiveness of integration of sustainable development principles in university research and teaching activities, and the many benefits integrative approaches may bring about

    Marketing a tourism industry in late stage decline: The case of the Isle of Man

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    Qualitative interviews in the Isle of Man uncovered local perceptions of a tourism industry in late stage decline. Social impacts of decline are pronounced including facilities loss, cultural changes and a heightening of perceived peripherality: which taken together undermine local identity. Tourists are welcomed as they help to affirm the pride residents have in their island in creating a more active atmosphere, provide social interaction opportunities and to combat negative stereotyping. Thus findings emphasise the diverse, unique and persistent benefits of tourism in the Isle of Man, despite its decline. Destination marketing recommendations are therefore made to better address the experiences and desires of communities experiencing decline

    Sustainable Development Goals and sustainability teaching at universities: falling behind or getting ahead of the pack?

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    The fact that the world community is engaged in pursuing the Sustainable Development Goals (SDGs) means that an unrivalled opportunity is provided to universities, both in respect of teaching and in research, on individual SDGs, as well as in pursuing their “third mission” linking up with external stakeholders and society. However, not many universities have realised that and many are falling behind. This paper explores the many advantages of the introduction of the SDGs into teaching and suggests that it can catalyse the engagement of students in Higher Education Institutions (HEI) with the concepts of sustainability. The paper fills in a research gap by surveying the current state of the art regarding the theme, presenting current data outlining the extent to which HEI are using SDGs to support their sustainability work. The reasons why some institutions are currently not engaging is also shown. The paper, which consists of a worldwide survey deployed to collect data on the SDGs and sustainability teaching at universities, concludes by providing some recommendations aimed at encouraging further engagement of HEI in incorporatingSDGs as part of their teaching programs. This research is unique in the sense that it provides for the first time offers an overview of the level of emphasis selected universities currently place on the SDGs. Finally, it provides a contribution to current state of knowledge by outlining some actions universities may take, to move forward with their implementation

    Sustainable Development Policies as Indicators and Pre-Conditions for Sustainability Efforts at Universities: fact or fiction?

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    Purpose - There is a widely held belief that Sustainable Development (SD) policies are essential for universities to successfully engage in matters related to sustainability, and are an indicator of the extent to which they are active in this field. This paper examines the evidence which currently exists to support this assumption. It surveys a sample of universities in Brazil, Germany, Greece, Portugal, South Africa, United Kingdom (UK) and United States of America (USA) to ascertain the extent to which universities that are active in the field of sustainable development have formal policies on sustainable development, and whether such policies are a pre-condition for successful sustainability efforts. Design/methodology/approach –The study involved 35 universities in these seven countries (five universities respectively). A mixed-methods approach has been used, ranging from document analysis, website analysis, questionnaires and interviewing. Findings – Although only 60% of the sampled universities had a policy that specifically addressed SD, this cannot be regarded as an indicator that the remaining 40% are not engaged with substantial actions that address SD. Indeed, all of the universities in the sample, regardless of the existence of a SD formal policy, demonstrated engagement with environmental sustainability policies or procedures in some form or another. This research has been limited by the availability and ability to procure information from the sampled universities. Despite this, it is one of the largest research efforts of this kind ever performed. Originality/value – Our findings provide some valuable insights about the connections between SD policies on the one hand, and the practice of SD in higher education institutions on the other

    Introduction : screen Londons

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    Our aim, in editing the ‘London Issue’ of this journal, is to contribute to a conversation between scholars of British cinema and television, London historians and scholars of the cinematic city. In 2007, introducing the themed issue on ‘Space and Place in British Cinema and Television’, Steve Chibnall and Julian Petley observed that it would have been possible to fill the whole journal with essays about the representation of London. This issue does just that, responding to the increased interest in cinematic and, to a lesser extent, televisual, Londons, while also demonstrating the continuing fertility of the paradigms of ‘space and place’ for scholars of the moving image1. It includes a wide range of approaches to the topic of London on screen, with varying attention to British institutions of the moving image – such as Channel Four or the British Board of Film Classification – as well as to concepts such as genre, narration and memory. As a whole, the issue, through its juxtapositions of method and approach, shows something of the complexity of encounters between the terms ‘London’, ‘cinema’ and ‘television’ within British film and television studies

    Managing tourism decline: insights from the Isle of Man

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    Qualitative interviews conducted in the Isle of Man investigate local perceptions of a tourism industry in long-term decline: a development stage typically overlooked. Negative impacts of decline are revealed; including facilities loss, landscape erosion, and a heightened sense of peripherality. Together such impacts undermine local identity and attractiveness of place. Tourists are welcomed as they help to affirm the pride residents have in their island, create atmosphere, provide social interaction opportunities, stimulate positive emotions and combat negative stereotyping. Emphasised is the on-going importance of tourism impacts in a peripheral location. Practioner recommendations are therefore made calling attention to the need to more carefully manage the process of decline. Potential strategies for achieving this are signposted
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