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1 – 10 of 274The purpose of this paper is to review the extensive case law in England and Wales on contractually binding letters of intent. The research focused on discovering whether the…
Abstract
Purpose
The purpose of this paper is to review the extensive case law in England and Wales on contractually binding letters of intent. The research focused on discovering whether the limits commonly found in binding letters of intent were upheld by the courts and so were effective in practice. It also reviews whether these limits are, as presumed by drafters, sufficient to act as incentives to the parties to conclude the full contract. The paper uses case law to analyse and evaluate the legal and business efficacy of these limits and incentives. It considers the rationale for such limits and incentives before drawing its conclusions and making recommendations.
Design/methodology/approach
The paper draws on cases in England and Wales to analyse the judicial interpretation of binding letters of intent. The author has adopted a black letter approach to this subject by focusing almost exclusively on primary sources. As there is no relevant legislation in England and Wales, the primary sources are case law. A limited literature review was adopted, as there is little commentary on this aspect of letters of intent and to ensure the paper’s originality. The paper also considers papers published by the Society for Construction Law.
Findings
The paper demonstrates that even if the drafting of the letter of intent is clear, it is the conduct of the parties after a letter of intent which prevents the stated limits on work times or cost applying, and undermines these limits in their roles as incentives intended to persuade the parties to conclude the full contract for the project. The terms of the letter of intent are easily ousted and may not be strictly enforced by the courts when a dispute arises.
Practical implications
The paper concludes with recommendations for ensuring the terms of the commonly used letters of intent provide more effective limits on the liability for the employer while giving the constructor the incentive to continue negotiating and concluding a formal contract for the works. The paper also recommends changes to the guidance to be given to users of standard form letters of intent to improve their efficacy as limited contracts.
Originality/value
The analysis of the cases is instructive and the recommendations provide valuable pointers for those who draft, review or agree letters of intent. The issues that are dealt with relate to how the parties can be incentivised through clear drafting to execute a more comprehensive contract for the project.
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Artists operating under a studio model, such as Andy Warhol, have frequently been described as reducing their work to statements of authorship, indicated by the signature finally…
Abstract
Artists operating under a studio model, such as Andy Warhol, have frequently been described as reducing their work to statements of authorship, indicated by the signature finally affixed to the work. By contrast, luxury goods manufacturers decry as inauthentic and counterfeit the handbags produced during off-shift hours using the same materials and craftsmanship as the authorized goods produced hours earlier. The distinction between authentic and inauthentic often turns on nothing more than a statement of authorship. Intellectual property law purports to value such statements of authenticity, but no statement has value unless it is accepted as valid by its audience, a determination that depends on shared notions of what authenticity means as well as a common understanding of what authenticity designates.
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Sarah E.M. Holden and Jacklyn A. Bruce
Modern leadership educators have shown an increased interest in empowering queer student leaders and making campuses more equitable for queer people. These educators help shape…
Abstract
Modern leadership educators have shown an increased interest in empowering queer student leaders and making campuses more equitable for queer people. These educators help shape the policies, programs, and curriculums that directly impact how queer people experience higher education. Yet there appears to be a dearth of abundant literature on queer people and their experiences as they relate to leadership education. This integrative literature review explores the existing literature on the relationship between leadership education and the queer community over a thirty-year period. The results suggest that queer people are being represented more equitably than they were thirty years ago, but that representation does not extend to all members of the queer community.
Susan Frelich Appleton and Susan Ekberg Stiritz
This paper explores four works of contemporary fiction to illuminate formal and informal regulation of sex. The paper’s co-authors frame analysis with the story of their creation…
Abstract
This paper explores four works of contemporary fiction to illuminate formal and informal regulation of sex. The paper’s co-authors frame analysis with the story of their creation of a transdisciplinary course, entitled “Regulating Sex: Historical and Cultural Encounters,” in which students mined literature for social critique, became immersed in the study of law and its limits, and developed increased sensitivity to power, its uses, and abuses. The paper demonstrates the value theoretically and pedagogically of third-wave feminisms, wild zones, and contact zones as analytic constructs and contends that including sex and sexualities in conversations transforms personal experience, education, society, and culture, including law.
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Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
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Pawan Budhwar, Andy Crane, Annette Davies, Rick Delbridge, Tim Edwards, Mahmoud Ezzamel, Lloyd Harris, Emmanuel Ogbonna and Robyn Thomas
Wonders whether companies actually have employees best interests at heart across physical, mental and spiritual spheres. Posits that most organizations ignore their workforce …
Abstract
Wonders whether companies actually have employees best interests at heart across physical, mental and spiritual spheres. Posits that most organizations ignore their workforce – not even, in many cases, describing workers as assets! Describes many studies to back up this claim in theis work based on the 2002 Employment Research Unit Annual Conference, in Cardiff, Wales.
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The popularization of slasher as subgenre begins with the release of The Texas Chainsaw Massacre (Hooper, 1974) and Halloween (Carpenter, 1978). Both films serve to define the…
Abstract
The popularization of slasher as subgenre begins with the release of The Texas Chainsaw Massacre (Hooper, 1974) and Halloween (Carpenter, 1978). Both films serve to define the topic of the subgenre: a serial killer that often slaughters groups of teenagers, especially attractive young women, using bladed weapons (Linz & Donnerstein, 1994; Molitor & Sapolski, 1993, 1994). Thus, although the definition of the slasher is not really fixed in terms of gender, the killers have been traditionally interpreted by men, while the victims have been usually interpreted by women (Clover, 2015; Trencansky, 2001; Weaver et al., 2015). Not for nothing, another important character is the final girl, who uncovers the monster´s motivations and finishes the killer off in the final scene; an important role that is actually a form of female subjugation. However, some exceptions can be found such as Pamela Voorhees (Friday the 13th, Cunningham, 1980), but she is simply defined as Jason´s mother. More interesting is the case of the Scream saga, in particular Scream 4 (Craven, 2011) where a teenage girl, portrayed by Emma Roberts, tries to play the role of the killer and the final girl at the same time.
In recent years, the slasher has gained importance in television. After Harper’s Island (CBS, 2009), an homage to the subgenre rather than a real slasher TV show, in 2015, MTV launched Scream, based on the film series and which continues exploring the gender roles anticipated by the last movie of the saga. In the same year, Fox launched Ryan Murphy’s Scream Queens (2015–2016) starred by Jamie Lee Curtis, the final girl of Prom night (Lynch, 1980) and Halloween saga, and Emma Roberts. In this regard, current television tries to renew the slasher, but starting from the clichés and even some familiar faces of the subgenre.
The purpose of this chapter is to evaluate the representation and evolution of female characters in slasher television series, exploring the relationship among the killer, the final girl and the rest of the victims. In this way, television series like Scream, Scream Queens (Fox, 2015–2016) or Slasher (Super Channel, 2016–) are analysed.
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Ebony M. Duncan-Shippy, Sarah Caroline Murphy and Michelle A. Purdy
This chapter examines the framing of the Black Lives Matter (BLM) Movement in mainstream media. An analytic sample of 4,303 articles collected from the Dow Jones Factiva database…
Abstract
This chapter examines the framing of the Black Lives Matter (BLM) Movement in mainstream media. An analytic sample of 4,303 articles collected from the Dow Jones Factiva database reveals variation in depth, breadth, and intensity of BLM coverage in the following newspapers between 2012 and 2016: The St. Louis Post-Dispatch, The New York Times, The Washington Post, The Wall Street Journal, and Al Jazeera English. We review contemporary literature on racial inequality and employ Media Framing and Critical Race Theory to discuss the implications of our findings on public perceptions, future policy formation, and contemporary social protest worldwide.
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Emily Bouck, Larissa Jakubow and Sarah Reiley
This chapter sought to answer the following questions: (a) what does special education means for students with intellectual disability?, (b) what is being done, and (c) how do we…
Abstract
This chapter sought to answer the following questions: (a) what does special education means for students with intellectual disability?, (b) what is being done, and (c) how do we maintain tradition? The answers, while complicated, suggest special education for students with intellectual disability historically and currently involves attention to what, how, and where, with the how being the key elements of special education for students with intellectual disability. This chapter discussed the what, how, and where for students with intellectual disability in a historical and current framework while also providing evidence-based practices for students with intellectual disability to implement to maintain the tradition of high-quality services.
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Cyrus Ahalt, Craig Haney, Sarah Rios, Matthew P. Fox, David Farabee and Brie Williams
Although the reform of solitary confinement is underway in many jurisdictions around world, isolation remains in widespread use in many jails and prisons. The purpose of this…
Abstract
Purpose
Although the reform of solitary confinement is underway in many jurisdictions around world, isolation remains in widespread use in many jails and prisons. The purpose of this paper is to discuss opportunities for reform in the USA that could also be applied globally.
Design/methodology/approach
A review of the evidence on solitary confinement policies and practices in the USA to develop recommendations for reform with global application.
Findings
Focusing on this evidence, the authors argue that solitary confinement is overused and recommend a multi-level approach available to correctional systems worldwide including: immediately limiting solitary confinement to only those cases in which a violent behavioral infraction has been committed for which safety cannot otherwise be achieved, ensuring the briefest terms of isolation needed to achieve legitimate and immediate correctional goals, prohibiting its use entirely for some populations, regularly reviewing all isolated prisoners for as-soon-as-possible return to general population, including the immediate return of those showing mental and physical health risk factors, assisting individuals who are transitioning out of isolation (either to the general population or to the community), and partnering with medical, public health, and criminal justice experts to develop evidence-based alternatives to solitary confinement for nearly all prisoners.
Originality/value
This paper provides an overview of the evidence supporting an overhaul of solitary confinement policy in the USA and globally where solitary confinement remains in wide use and offers recommendations for immediate steps that can be taken toward achieving evidence-based solitary confinement reform.
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