This paper aims to look at the recent UK Court of Appeal decision in Jones v Ruth and explores whether building works are capable of being construed as harassment by the Courts.
Abstract
Purpose
This paper aims to look at the recent UK Court of Appeal decision in Jones v Ruth and explores whether building works are capable of being construed as harassment by the Courts.
Design/methodology/approach
The paper looks at the concept of harassment as used in the Prevention of Harassment Act 1997 and how this applies in the context of building operations. It adopts a black letter or doctrinal approach to the study.
Findings
Whilst it is confirmed that a certain amount of inconvenience due to building operations is not actionable in English law, the Court of Appeal in this case has confirmed that in cases where harassment is proven, then substantial damages may be imposed on the offending party. This has implications not only for building contractors but for construction professionals such as architects or building surveyors who are involved in supervising contractors.
Research limitations/implications
This research takes the subject of construction law into uncharted territory. Previously it was thought by many observers that the Prevention of Harassment Act was confined to cases involving employment law and/or sexual or racial discrimination. Jones v Ruth shatters this previous thinking in this area and confirms that “harassment” cases can be applied in building projects. It is arguable that were Jones v Ruth merely a High Court decision, then only a limited weight might be given to the verdict. However, Jones v Ruth now is a Court of Appeal decision which gives an authoritative voice to the verdict by some of the most powerful judges in the land.
Practical implications
The practical implication is that building surveyors supervising building works need to be aware of the law to avoid being sued for harassment.
Social implications
It might have been taken for granted that all building works involve noise, dust, vibration, etc. Jones v Ruth confirms that in extreme circumstances it is possible to recover large damages for harassment and that all persons involved in the construction process ought to take note.
Originality/value
There is an expanding body of law dealing with compensation for inconvenience and disturbance, however there is a paucity of literature dealing with the implications of this for building surveyors and construction professionals. This paper explores claims for harassment through the lens of a major Court of Appeal decision in a succinct and practical way to allow academics and practitioners an insight into this expanding area of construction law.
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Douglas Jozef Angus and Eddie Harmon-Jones
Extensive human and animal research has examined approach and withdrawal motivation, which we define as the simple urge to move toward or away, respectively. In this chapter, we…
Abstract
Extensive human and animal research has examined approach and withdrawal motivation, which we define as the simple urge to move toward or away, respectively. In this chapter, we review seminal and recent research that showing that asymmetrical frontal cortical activity underlies approach and withdrawal motivation that occur during childhood, that characterize certain psychopathologies, and are present in everyday emotional experiences. Specifically, greater left-frontal activity is involved in approach motivation, including the expression and experience of anger, jealousy, desire, and joy. Conversely, greater right-frontal activity is involved in withdrawal motivation, including the expression and experience of some forms of sadness, crying, and depressed mood. We also review recent research suggesting that connectivity between the frontal and parietal cortices is a potential mechanism for the motivation-related effects of asymmetrical frontal activity.
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Josep Garcia-Blandon, Josep Maria Argiles Bosch and Monica Martinez-Blasco
This chapter investigates whether earnings management activities increase the likelihood of receiving a qualified audit report. We have carried out this study with a sample of…
Abstract
This chapter investigates whether earnings management activities increase the likelihood of receiving a qualified audit report. We have carried out this study with a sample of Spanish companies for the period 2001–2009. Previous research on the issue is not only scarce but also suffers from methodological pitfalls. In all cases, researchers have followed a matched sample approach without considering the implications of such approach for the statistical analysis. Despite its great popularity among researchers in accounting, the use of matched-based sampling is susceptible to produce technical errors in the statistical analysis. The main problem consists in the generalization of results obtained with a nonrandom sample to the whole population of firms. Our results do not show a significant relationship between EM and qualified audit reports. We have also addressed whether the international financial crisis has affected our results and concluded that Spanish companies seem to have used EM during the crisis to push down earnings, probably expecting to take advantage of the positive earnings surprises during the postcrisis period. Nevertheless, the financial crisis has not changed the nature of the EM-qualified opinions relationship.
Stephanie von Hinke, Jonathan James, Emil Sorensen, Hans H. Sievertsen and Nicolai Vitt
This chapter shows the prevalence, trends and heterogeneity in maternal smoking around birth in the United Kingdom (UK), focussing on the war and post-war reconstruction period in…
Abstract
This chapter shows the prevalence, trends and heterogeneity in maternal smoking around birth in the United Kingdom (UK), focussing on the war and post-war reconstruction period in which there exists surprisingly little systematic data on (maternal) smoking behaviours. Within this context, the authors highlight relevant events, the release of new information about the harms of smoking and changes in (government) policy aimed at reducing smoking prevalence. The authors show stark changes in smoking prevalence over a 30-year period, highlight the onset of the social gradient in smoking as well as genetic heterogeneities in smoking trends.
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The purpose of this paper is to present a biographical review of the career of the late Caroline Robinson Jones (1942‐2001) in order to understand her challenges and contributions…
Abstract
Purpose
The purpose of this paper is to present a biographical review of the career of the late Caroline Robinson Jones (1942‐2001) in order to understand her challenges and contributions to the advertising profession. Prior to her death, she was considered the foremost African‐American woman in the advertising business. She was the first black woman to serve as a vice president of a major mainstream advertising agency and also established a respected agency bearing her own name. This paper focuses on Jones' contributions to marketing practice and her experiences as a woman of color in the advertising industry.
Design/methodology/approach
This paper uses a traditional historical narrative approach largely based on archival materials housed in the Caroline Jones Collection at the Archives Center of the National Museum of American History at the Smithsonian Institution. Relevant secondary literature was also employed to provide appropriate context.
Findings
While the advertising industry has historically been noted for its lack of diversity among its professional ranks, Jones made significant contributions to the industry. Yet, despite her trailblazing accomplishments, findings suggest her efforts were constrained by structural oppression in the industry concerning gender and race.
Originality/value
Scholarly literature reflecting the contributions and experiences of women of color in the advertising business is nearly non‐existent. This paper provides an analysis using sources which are valuable in understanding career opportunities and challenges for women of color in advertising professions.
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Adam J. Vanhove, Tiffany Brutus and Kristin A. Sowden
In recent years, a wide range of psychosocial health interventions have been implemented among military service members and their families. However, there are questions over the…
Abstract
In recent years, a wide range of psychosocial health interventions have been implemented among military service members and their families. However, there are questions over the evaluative rigor of these interventions. We conducted a systematic review of this literature, rating each relevant study (k = 111) on five evaluative rigor scales (type of control group, approach to participant assignment, outcome quality, number of measurement time points, and follow-up distality). The most frequently coded values on three of the five scales (control group type, participant assignment, and follow-up distality) were those indicating the lowest level of operationally defined rigor. Logistic regression results indicate that the evaluative rigor of intervention studies has largely remained consistent over time, with exceptions indicating that rigor has decreased. Analyses among seven military sub-populations indicate that interventions conducted among soldiers completing basic training, soldiers returning from combat deployment, and combat veterans have had, on average, the greatest evaluative rigor. However, variability in mean scores across evaluative rigor scales within sub-populations highlights the unique methodological hurdles common to different military settings. Recommendations for better standardizing the intervention evaluation process are discussed.
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D.J. MA Maull and B.Sc.(Eng. )
FOUNDATION THE Francis Mond Professorship of Aeronautical Engineering was established at Cambridge University in 1919 and was certainly the first chair in aeronautical engineering…
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FOUNDATION THE Francis Mond Professorship of Aeronautical Engineering was established at Cambridge University in 1919 and was certainly the first chair in aeronautical engineering in this country. The initial holder of this Chair was B. M. Jones (now Sir B. Mclvill Jones), who had worked at the R.A.E. and other establishments during the First World War. Professor Melvill Jones, on arriving at Cambridge, found that in fact the University was not able to finance his research or supply him with laboratory space and had to rely upon the Air Ministry for funds and apparatus. This resulted in the main research activity of the department being directed towards flight experiments using R.A.F. aircraft flying from Duxford. Due to their interest in aeronautics, however, the Engineering Laboratory at Cambridge did supply Professor Melvill Jones with space, and in 1921 an optional paper was set in Aeronautics in the Mechanical Sciences Tripos.
Here, we examine the challenges to democratization in Bahrain, with a particular focus on how the recent 2011 Uprising has resulted in a deepening of authoritarianism. It is…
Abstract
Here, we examine the challenges to democratization in Bahrain, with a particular focus on how the recent 2011 Uprising has resulted in a deepening of authoritarianism. It is argued that the recent unrest has brought into sharp relief the absence of “quality” democracy in Bahrain, and that any form of democratic transition is dependent on the will of a conservative Al Khalifa-Saudi nexus. While the pro-democracy movement may have prompted minor concessions on the part of the government, the extent of the popular mobilization triggered the Al Khalifa regime’s authoritarian reflex, and they have reacted to throttle the Uprising by putting in place legislative, ideological, and political barriers to reform, which points not only to a current de-democratization, but also a lack of future democratization. In addition to arguing for the post-2011 undoing of democracy in Bahrain, this paper also points to two major barriers to future democratization; (1) a conservative, post-Independence Al Khalifa-Saudi coalition assisted by large military resources (2) protracted communal tension brought about by the government’s instrumentalization of sectarianism.