22,212 research outputs found

    The Secondary-Rights Approach to the ‘Common Intention Constructive Trust’

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    Unlike ‘primary rights’ constructive trust doctrines, the CICT affords courts a wide discretion in determining the appropriate remedy in a particular case. This paper suggests that the CICT can take a step towards conceptual and analytical coherence if approached as a device for courts to award remedies that give effect to A’s secondary rights. When B breaches his primary duty to ensure A does not suffer harm from the unreliability of his induced assumptions, and when this causes A to suffer detrimental reliance, A obtains an unliquidated secondary right to be compensated for any harm, and a judge has discretion to determine the appropriate content of the remedy to compensate A for harm suffered. Since this approach is highly similar to proprietary estoppel, assimilating the CICT within proprietary estoppel can further benefit our understanding and practice of resolving disputes in the family homes context

    Profiling research published in the journal of enterprise information management (JEIM)

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    Purpose – The purpose of this paper is to analyse research published in the Journal of Enterprise Information Management (JEIM) in the last ten years (1999 to 2008). Design/methodology/approach – Employing a profiling approach, the analysis of the 381 JEIM publications includes examining variables such as the most active authors, geographic diversity, authors' backgrounds, co-author analysis, research methods and keyword analysis. Findings – All the finding are in relation to the period of analysis (1999 to 2008). (a) Research categorised under descriptive, theoretical and conceptual methods is the most dominant research approach followed by JEIM authors. This is followed by case study research. (b) The largest proportion of contributions came from researchers and practitioners with an information systems background, followed by those with a background in business and computer science and IT. (c) The keyword analysis suggests that ‘information systems’, ‘electronic commerce’, ‘internet’, ‘logistics’, ‘supply chain management’, ‘decision making’, ‘small to medium-sized enterprises’, ‘information management’, ‘outsourcing’, and ‘modelling’ were the most frequently investigated keywords. (d) The paper presents and discusses the findings obtained from the citation analysis that determines the impact of the research published in the JEIM. Originality/value – The primary value of this paper lies in extending the understanding of the evolution and patterns of IS research. This has been achieved by analysing and synthesising existing JEIM publications

    Talk your way round: a speech interface to a virtual museum

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    Purpose: To explore the development of a speech interface to a Virtual World and to consider its relevance for disabled users. Method: The system was developed using mainly software that is available at minimal cost. How well the system functioned was assessed by measuring the number of times a group of users with a range of voices had to repeat commands in order for them to be successfully recognised. During an initial session, these users were asked to use the system with no instruction to see how easy this was. Results: Most of the spoken commands had to be repeated less than twice on average for successful recognition. For a set of ‘teleportation’ commands this figure was higher (2.4), but it was clear why this was so and could easily be rectified. The system was easy to use without instruction. Comments on the system were generally positive. Conclusions: While the system has some limitations, a Virtual World with a reasonably reliable speech interface has been developed almost entirely from software which is available at minimal cost. Improvements and further testing are considered. Such a system would clearly improve access to Virtual Reality technologies for those without the skills or physical ability to use a standard keyboard and mouse. It is an example of both Assistive Technology and Universal Design

    Examining the socio-economic determinants of adoption of the 'Government Gateway' initiative in the UK

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    This paper empirically examines the impact of socio-economic determinants upon the adoption of a recent UK e-government initiative, the 'Government Gateway'. The data on five socio-economic characteristics was collected employing a postal survey. The findings of this research suggest that the three variables of age, gender and occupation significantly differentiated the adopters from the non-adopters of the Government Gateway, whilst education and income were found to be non-significant. The implications of the findings are discussed in the context of promoting the adoption of emerging Information and Communication Technologies (ICT) and reducing the digital divide against less privileged parts of the population

    Reanalysing Institutional and Remedial Constructive Trusts

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    It is often said that English law does not impose “remedial” constructive trusts because it is manifestly inappropriate and fundamentally unjustified to impose trusts through the exercise of judicial discretion and with retrospective effect. This paper observes the definitional deficiencies in this understanding, and reanalyses constructive trusts in terms of the rights which they give effect to. This understanding reveals that English law sets its face against the exercise of discretion in relation only to some “remedial” constructive trusts and not others, and that the perceived difficulties with remedial constructive trusts are often exaggerated. It ends by noting some crucial implications of the re-analysis for the future development of the law

    Parataxis and hypotaxis in modern Chinese

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    The paratactic features of Chinese has been specifically discussed and emphasized by linguists in the past decades and, particularly on the issue of Chinese-English translation, a comparative analysis on the paratactic Chinese and hypotactic English has always been made. It seems that parataxis and hypotaxis should stand on the opposite side, and Chinese is distinctive to rely on semantic or logical comprehension rather than connectives in the juxtaposition of syntactic units. But as a matter of linguistic development or influence by Western syntax as some may say, the increasing usage of grammatical markers and connectives in the linking or combination of phrases, clauses and sentences has indicated a certain hypotactic quality in modern Chinese. This article gives a summative review on the studies of parataxis and hypotaxis in Chinese in the past decades. It also describes variations in the two concepts, and disusses on certain considerations in defining the nature, functions and interrelationship of parataxis and hypotaxis in the Chinese language.postprin

    Folk Adage in the Literati Notes of Tang Dynasty

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    Written in classical Chinese but enriched with vernacular expressions, slangs, dialectic expressions, loan words and so on, the Tang literati notes (biji 笔记) forms a rich and valuable corpus for studying the lexis of the Tang dynasty (618-907) and middle ancient Chinese. This paper, with the use of literary works and dictionaries as references, gives a lexical elaboration and analysis on certain folk adages (suyu 俗 语) used in the representative Tang literati notes, such as Feng Yan 封演’s Feng Shi Wen Jian Ji 封氏闻见记, Li Kuangyi 李匡乂’sZi Xia Ji 资暇集, Duan Chengshi 段成式’s You Yang Za Zu 酉阳杂俎and SuE 苏鹗’s Su Shi Yan Yi 苏氏演义. Nowadays there are still differences in stating the definition, components and characteristics of folk adage. In this paper, discussion is focused on those popular sayings quoted together with the word ‘su’ (俗) , such as ‘suyu’ (俗语), ‘su yue’ (俗曰), ‘su yun’ (俗云), and ‘su yan’ (俗言). Firstly, with reference to the examples founded in Tang notes, the paper examines and clarifies the characteristics of folk adage including its form and meaning, and then comments on the definition and coverage of folk adage with a comparative analysis on proverb (yanyu 谚语). With related to the meaning of folk adage, a sociocultural review on the reflection of common ideas and beliefs of the people of Tang and pre-Tang periods is also made.Secondly, examples are also taken to show their functions and significance in lexicography, which include serving as the first textual evidences, supplementing entries and explanations, advancing textual evidences, and supplementing textual evidences in dictionary entries. Lastly, the paper concludes with the contribution of such lingual material to the compilation and revision of dictionaries and to the study of the variation of folk adage.published_or_final_versio
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