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Systematic analysis of fiduciaries and trust is rare. The aim of this volume is to help fill this gap. The chapters explore the interactions of fiduciary law and trust, drawing on literatures on trust that have been generated in a variety of disciplines. They do so with an eye to the full scope of extension claimed for the fiduciary principle, from its heartland in private law, to its frontiers in public law and government more broadly. Overall, the volume advances an integrated and wide-ranging understanding of the relation of fiduciaries and trust that illuminates key legal and political problems, and challenges and deepens our understanding of fiduciaries and trust themselves.
Contemporary readers tend to view The Bell Jar through a post-feminist lens. Kate Harding situates the novel within a cultural and historical moment that we too readily lose sight of. Harding reads the novel in the context of 1950s discourses in which the gendered roles that Esther resists are enforced by sexual violence. Drawing on mid-twentieth century rape laws, Harding reveals the disconnect between Esther’s view of events and the contemporary readers’. Where the latter will see acquaintance rape and female victimisation, the former will see sexual availability and victim-blaming. In her brave and original response to The Bell Jar, Harding brings to light the pervasive rape culture that underpins Esther’ss story, and reveals the importance of this underpinning to our understanding of the novel.
This chapter makes an argument for the limited fission of law and equity: a limited argument, that is, that equity should be seen and kept as a somewhat separate element of common law systems. The argument is expounded through the example of liability for breach of trust. English decisions have adopted a fused approach to relief for breach of trust which assimilates trusts to contracts. However, this assumes away the distinct normative concerns of equity, particularly the politically important value of autonomy which is expressed through the doctrines of accounting applicable to trustees. It is then shown that the argument has limits, since in charity law the influence of equity is contingently important: if it becomes unimportant, the argument for separately recognising equity there would lose validity.
We develop a model of the forces on a spherical particle suspended in flow through a curved duct under the assumption that the particle Reynolds number is small. This extends an asymptotic model of inertial lift force previously developed to study inertial migration in straight ducts. Of particular interest is the existence and location of stable equilibria within the cross-sectional plane towards which particles migrate. The Navier–Stokes equations determine the hydrodynamic forces acting on a particle. A leading-order model of the forces within the cross-sectional plane is obtained through the use of a rotating coordinate system and a perturbation expansion in the particle Reynolds number of the disturbance flow. We predict the behaviour of neutrally buoyant particles at low flow rates and examine the variation in focusing position with respect to particle size and bend radius, independent of the flow rate. In this regime, the lateral focusing position of particles approximately collapses with respect to a dimensionless parameter dependent on three length scales: specifically, the particle radius, duct height and duct bend radius. Additionally, a trapezoidal-shaped cross-section is considered in order to demonstrate how changes in the cross-section design influence the dynamics of particles.
Exposure to foreign law is immensely valuable as it expands students’ argumentative and analytical terrain. More pragmatically, there has been a discernable shift towards rule-of-law thinking in furthering regional integration and a flurry of Free Trade Agreements (FTAs) involving Asian countries. Law schools ought to capitalize on this reality. The preferred educational strategy to adopt, we argue, entails systematically integrating foreign law across the traditional components that make up undergraduate curricula. Asian law schools should simultaneously offer general comparative courses that train students in comparative methodology and theory, enabling them to become discerning consumers of and sensible contributors to comparative research, including in the context of domestic law reform. In advocating such mainstreaming of foreign law, we further suggest a broad understanding of this notion as encompassing all rules that do not have their origins in the municipal legal order, including those produced by regional organizations like the Association of Southeast Asian Nations (ASEAN) and the South Asian Association for Regional Cooperation (SAARC). Unlike Europe's law schools, which have been laggards in adapting law school curricula to changes in their wider regional environment, Asia's law schools have the opportunity to anticipate the growing relevance of foreign law in practice and thereby ensure that they remain germane to the legal industry and society at large.
The debate about legal transplants is very well known Unfortunately that debate, while familiar, or at least familiarly confusing to many, has become trapped in a number of rather fixed binaries. It appears to have failed to achieve either resolution or forward movement. And this is in spite of a number of laudable attempts to untie the knot.
After nearly two years, the Trump administration's approach to the Indo-Pacific region has finally taken shape. Its objectives are a “Free and Open Indo-Pacific”, in line with decades of U.S. policy in the region, but in a new context of outright strategic competition with China. Its means include familiar tools of U.S. engagement, with some modest improvements for the times. But in Donald Trump's America, actions often do not support stated goals and, in the case of policy in the Indo-Pacific, President Trump's personal instincts, in particular his dogmatic approach to trade, have undermined his administration's best efforts in the region.
Over the course of two years, a series of formal speeches and documents have articulated in increasing detail the administration's Indo-Pacific approach. Throughout this period, the administration has also faced frequent criticism for the slow pace of policy formulation and in appointing key Asia policymaking officials. To understand why policy formulation has been so slow, it is important to go back to Trump's unconventional presidential campaign and presidential transition.
While all major U.S. presidential campaigns in recent memory have been supported by networks of public policy professionals helping the nominees and crafting policy agendas for the event the candidate is elected, Donald Trump's presidential campaign was different. In stark contrast to Hillary Clinton's 2016 campaign — with an enormous team of unpaid foreign policy advisors working to develop a potential presidential agenda, including a strategy for Asia — Trump had almost no foreign policy advisors. During the 2016 Republican primary season, leading Republican foreign policy hands supported a range of candidates, but almost none signed up to support candidate Donald Trump. Instead, many leading Republican experts actively opposed Trump's candidacy. Furthermore, soon after the election, Trump disbanded his small presidential transition office, depleting any preparatory work that had been done.
Without a coherent foreign policy framework and with little expertise on Asia within its ranks, the early Trump administration's approach to Asia became highly reactionary, guided by a deep scepticism of China and the reality that North Korea presented an increasingly untenable threat to the U.S. homeland. In particular, the North Korea threat forced the administration to focus considerable attention on Asia in its first few months with a flurry of meetings with Asian leaders.
New Zealand's ageing population and health inequities for Māori (Indigenous peoples) have prompted calls for innovative, culturally based approaches to improving health and wellbeing, and managing transitions in later life. This is particularly important for kaumātua (Māori elders) who, despite cultural strength and resilience, carry a significant burden in health, economic and social inequities. This paper describes the culture-centred development of a ‘tuakana‒teina’ (elder sibling‒younger sibling) peer support education programme designed to help kaumātua support other kaumātua experiencing transitions in later life. Taking a strengths-based approach that highlights ‘kaumātua mana motuhake’ (elder independence and autonomy), the study used kaupapa Māori (Māori approach, knowledge, skills, attitudes and values) and community-based participatory research methodology, to develop and pilot a culture-centred tuakana‒teina/peer education programme. Methods included establishing two advisory groups (one of kaumātua and one of sector experts); holding five focus groups with kaumātua; and running a pilot programme with 21 kaumātua. The findings demonstrate the value in a strengths-based approach that centralises Māori culture and kaumātua potential, capacity and ability, and recognises the continuing value and contribution of kaumātua to society. The study helps shift the focus from dominant stereotypes of ageing populations as a burden on society and shows the value of kaumātua supporting others during transitions in later life.
We describe how to approximate fractal transformations generated by a one-parameter family of dynamical systems
constructed from a pair of monotone increasing diffeomorphisms
. An algorithm is provided for determining the unique parameter value such that the closure of the symbolic attractor
is symmetrical. Several examples are given, one in which the
are affine and two in which the
are nonlinear. Applications to digital imaging are also discussed.
X-ray fluorescence analysis (XRF) is an analytical method which has been adapted with considerable success to on-line industrial process analysis with various degrees of sophistication. Process analysis XRF systems range from relatively simple units utilizing radioisotope sources with non-dispersive analyzers to complex wavelength dispersive systems in a central location receiving samples from a number of process streams. The advantages of on-line process analytical instrumentation for quality control, regulatory 2 compliance and safety considerations are well documented. ' Advances in the development of low maintenance thermoelectrically cooled Si(Li) detectors have made energy dispersive X-ray fluorescence analysis (EDXRF) even more amendable to on-line process analysis. EDXRF is an important method of on-line instrumentation because of its ability to simultaneously detect many elements.
The demand for on-line analyzers capable of compositional determinations in petroleum and chemical process streams has increased dramatically in recent years. Total control of production plant processes and resources requires the analysis of feed, intermediate, and product materials. This paper will describe a rugged, on-stream energy dispersive X-ray fluorescence (EDXRF) analyzer configured for the continuous determination of composition in solid and liquid samples. The detector in the X-ray sensor is a lithium-drifted silicon crystal which is thermoelectrically cooled (Peltier effect) to achieve operational temperatures. This approach to detector cooling offers advantages over traditional cryogenic liquid cooling when EDXRF is used in the process control environment.
Three applications of the thermoelectrically-cooled detector-based EDXRF spectrometer will be presented here. The first is the analysis of a catalyst solution to monitor depletion of the active species. Second, two components of a plating bath solution will be determined simultaneously in a flowing sample stream. In the third application, the spectrometer will be oriented in a downward looking configuration to monitor inorganic constituents in absorbent samples as they are transported by conveyor belt to the X-ray measurement area.
Various sample preparation methods for Energy Dispersive X-ray Fluorescence (EDXRF) analysis of Portland cement were compared in order to evaluate improvement in analytical accuracy and precision. Sample preparation requirements for EDXRF are slightly different than for Wavelength Dispersive X-ray Fluorescence (WDXRF), and the methods commonly used in WDXRF are not optimized for EDXRF. Primarily, the work focuses on techniques for producing a fused sample with the lowest practical concentration of lithium borate flux. Determination of minimum detection limits were made from samples with varying proportions of flux in order to evaluate analytical optimization. Ease and reproducibility of preparation of the sample was also considered.
Trace elements in oil may be determined by adsorption of the oil sample onto maguesium oxide followed by thermal degradation of the organic material. The resulting powder is easily pressed into a pellet suitable for X-ray spectrometric analysis. The lower limit of detection depends upon the trace impurities in the MgO and is a few parts per million for most elements determined.
Effective assessment and remediation of hazardous waste sites dictates that analytical methodologies be developed which assist in the evaluation of site contamination and simultaneously make efficient use of sampling time and resources (1). Optimally, a technique would provide on-site personnel with immediate and accurate information concerning the identity and concentration of inorganic soil contaminants (2).
Energy dispensive X-ray spectrometry has been used extensively for the rapid, simultaneous deterninaion of elements in a variety of sample types. Excitation of the analytical sample can be by either X-ray tube, secondary targets, or radioactive isotopic sources. Tube sources have the advantages of convenient control of the excitation conditions, whereas an isotopic source or secondary target must be physically replaced by another to affect an excitation change. The use of primary filters between the sample and X-ray tube can greatly enhance the flexibilitty of the excitation conditions.
Unfavourable dietary habits, such as skipping breakfast, are common among ethnic minority children and may contribute to inequalities in cardiometabolic disease. We conducted a longitudinal follow-up of a subsample of the UK multi-ethnic Determinants of Adolescent Social well-being and Health cohort, which represents the main UK ethnic groups and is now aged 21–23 years. We aimed to describe longitudinal patterns of dietary intake and investigate their impact on cardiometabolic risk in young adulthood. Participants completed a dietary behaviour questionnaire and a 24 h dietary intake recall; anthropometry, blood pressure, total cholesterol and HDL-cholesterol and HbA1c were measured. The cohort consisted of 107 White British, 102 Black Caribbean, 132 Black African, 98 Indian, 111 Bangladeshi/Pakistani and 115 other/mixed ethnicity. Unhealthful dietary behaviours such as skipping breakfast and low intake of fruits and vegetables were common (56, 57 and 63 %, respectively). Rates of skipping breakfast and low fruit and vegetable consumption were highest among Black African and Black Caribbean participants. BMI and cholesterol levels at 21–23 years were higher among those who regularly skipped breakfast at 11–13 years (BMI 1·41 (95 % CI 0·57, 2·26), P=0·001; cholesterol 0·15 (95 % CI –0·01, 0·31), P=0·063) and at 21–23 years (BMI 1·05 (95 % CI 0·22, 1·89), P=0·014; cholesterol 0·22 (95 % CI 0·06, 0·37), P=0·007). Childhood breakfast skipping is more common in certain ethnic groups and is associated with cardiometabolic risk factors in young adulthood. Our findings highlight the importance of targeting interventions to improve dietary behaviours such as breakfast consumption at specific population groups.
Age- and sex-based BMI cut-offs are used to define overweight and obesity, but the relationship between BMI and body composition has not been very well studied in children or compared between children of different ethnic groups. Body size and composition in childhood are also influenced by size at birth. Our aim was to compare body size and composition at 2 years in children with different ethnicity and size at birth. We prospectively followed a multi-ethnic cohort of 300 children born with risk factors for neonatal hypoglycaemia (infants of diabetics, large or small at birth or late preterm) to 2 years corrected age. Complete data on weight, height and head circumference and body composition using bioelectrical impedance 24±1 months corrected age were available in 209 children. At birth, compared with European children, Chinese, Indian and other ethnicity children were lighter, and Indian children had smaller head circumferences, but birth lengths were similar in all ethnic groups. At 2 years, Pacific children were heavier and had higher BMI z scores, and Indian children had smaller head circumferences and lower BMI z scores than those from other ethnic groups. However, fat mass and fat-free mass indices were similar in all groups. At median BMI, fat mass:fat-free mass ratio was 23 % lower in Pacific than in Indian children (0·22 v. 0·27, P=0·03). BMI is not a good indicator of adiposity in this multi-ethnic cohort of 2-year-old New Zealand children.
Background: There is an emerging evidence base that mindfulness for psychosis is a safe and effective intervention. However, empirical data on the within-session effects of mindfulness meditation was hitherto lacking. Aims: The aim of the study was to assess the impact of taking part in a mindfulness for psychosis group, using a within-session self-report measure of general stress, and symptom-related distress. Method: Users of a secondary mental health service (n = 34), who experienced enduring psychotic symptoms, took part in an 8-week mindfulness for psychosis group in a community setting. Mindfulness meditations were limited to 10 minutes and included explicit reference to psychotic experience arising during the practice. Participants self-rated general stress, and symptom-related distress, before and after each group session using a visual analogue scale. Results: Average ratings of general stress and symptom-related distress decreased from pre- to post-session for all eight sessions, although not all differences were statistically significant. There was no increase in general stress, or symptom-related distress across any session. Conclusions: There was evidence of positive effects and no evidence of any harmful effects arising from people with psychotic symptoms taking part in a mindfulness for psychosis session.
There is growing evidence that many people attending annual screening for diabetic retinopathy in the United Kingdom (UK) are at low risk of developing the disease. This has led to new policy statements. However, the basis on which to establish a risk-based individualized variable-recall screening program has not yet been determined. We present a methodology for using information on an individual's risk factors to improve the allocation of resources within a screening program.
We developed a patient-level state-transition model to evaluate the cost-effectiveness of risk-based screening for diabetic retinopathy in the UK. The model incorporated a recently developed risk calculation engine that predicts an individual's risk of disease onset, and allocated individuals to alternative screening recall periods according to this level of risk. Using the findings, we demonstrate a means of estimating: (i) a threshold level of risk, above which individuals should be invited to screening, and (ii) the optimum screening recall period for an individual, based on the expected cost-effectiveness of screening and treatment.
The cost-effectiveness analysis demonstrated that standardized screening (current practice) is the least cost-effective program. Individualized screening can improve outcomes at a reduced cost. We found it feasible – though computationally expensive – to incorporate a risk calculation engine into a decision model in Microsoft Excel. In an optimized screening program, the majority or patients would be invited to attend screening at least two years after a negative screening result.
Individualized risk-based screening is likely to be cost-effective in the context of diabetic eye disease in the UK. It is expected that risk calculation engines will be developed in other disease areas in the future, and used to allocate screening and treatment at the individual level. It is important that researchers develop robust methods for combining risk calculation engines into decision analytic models and health technology assessment more broadly.