For several decades, there has been agitation for reform of the common-law Rule Against Perpetuities. For the most part, the reformers have urged that improvements in the Rule and the manner of its application be accomplished through legislative enactment.' Only a few jurisdictions have opted for reform by the judiciary. Thus far, there has been no legislative reform of the Rule in Tennessee; the appellate courts of the state continue to apply the Rule inits common-law form with all the confusing rubrics attached to it by centuries of development. The condition of Tennessee's law on the subject contrasts sharply with that of neighboring Kentucky where significant reform has been achieved. Considering the potential for serious mischief and even catastrophic consequences in property and estate transactions when the common-law rule is applied, it seems appropriate to take a fresh look at the Rule and its application in Tennessee. It is the purpose of this article to review the development of the Rule Against Perpetuities, the policies it undertakes to advance, the peculiar problems which have evolved in the centuries of its development, the Tennessee experience in applying the concept, and the possible legislative or judicial avenues to a more efficient application of the Rule and its underlying policies.
Little is known about spatial and temporal variations of violent crime in South Africa. This article addresses this gap by investigating the seasonality of assault at a neighborhood level in the city of Tshwane. The authors first investigate whether assault is seasonal, and then examine the association between seasonal levels of assault and area measures of social deprivation for urban neighborhoods in Tshwane. Similar to previous international research, the authors found that assault is seasonal, with higher incidences of assault in summer. Deprived neighborhoods exhibited higher rates of assault than more affluent neighborhoods. Assault levels in urban neighborhoods were found to be socially stratified and spatially patterned regardless of the season of the year. More deprived neighborhoods had higher assault rates in summer, whereas in winter, assault rates were more equably split over neighborhoods ranging from high to low deprivation. More affluent neighborhoods typically exhibited lower assault rates in summer.
This investigation assessed an international two-woman team engaged in a 97-day traverse of Antarctica. Measures consisted of preexpedition personality assessments; expedition weekly ratings of individual and team status and work performance; postexpedition semistructured interview. Both participants scored relatively highest on the Multidimensional Personality Questionnaire (MPQ) Absorption scale, the Personality Characteristics Inventory (PCI) Work and Positive Expressivity scales and lowest on the PCI Verbal Aggressiveness scale. One member reported sensed presence experiences, which served as an important motivating factor when fatigued or disappointed about daily progress. Enjoyment and awe of the environment were significant aspects of the daily trek and sources of psychological strength. Advantages of the co-equal dyad were evident in the cooperative nature of decision making and substantial similarities in approach to solving problems. Differences from the usual military command structure in decision-making processes and implications for planetary expeditions are discussed.
Brexit, the European immigration and refugee situation and the Grenfell and Windrush scandals are just some of the recent major events which issues of migration have been at the heart of British social and political agenda. These highlight racism and the fundamental relations people who have settled in the UK have to British collective identity and belonging as well as to the British economy, polity and social relations. 9.4 million UK residents are foreign-born, 14% of the population, just over a third of whom are EU-born. Less than 10% of UK residents are not UK nationals. 20% of the population is of an ethnicity other than White British. Social scientists have observed and analysed such public issues and the public policies that both framed and resulted from them throughout the years. In doing so they have not only helped to document and analyse them but contributed towards their critique and problematisation as part of a public intellectual endeavour towards a more equal and just society. In doing so, much of social sciences research has been empirically informed, often methodologically innovative, theoretically productive and has contributed to our understanding of how processes of racialization and migration have been experienced in diverse ways by different groupings. In this report we aim to highlight some of these contributions and their importance to British society and institutions. At the end of this report, we list, as Further Readings, some of the main contributions members of AcSS and other social scientists have made throughout the years in the field of migration and refugees, racism, and belonging. Rather than attempting to sum up these contributions in the report itself, however, we have selected some of the main issues in this field of study, which present particular challenges to contemporary British society and institutions. We focus in this report on the specific contributions of social sciences to these issues. British social science has been playing for many years an important, often leading, innovative conceptual role in international social science debates. Although the issues we study are presented within their historical and locational contexts, we focus in this report on present day issues which have been crucial to our areas of study, such as the development of a 'hostile environment' and everyday bordering as a major governmental technology in the control and disciplining of diversity and discourses on migrants and racialized minorities. We also examine how the issues we have been studying have been affected by the rise of extreme right and neo-nativist politics in the UK and the role of Brexit in these, as well as the ways different groups and social movements have been resisting these processes of exclusion and racialisation. In this report, we do not present British social sciences as unified and non-conflictual; nor do we see social sciences in the UK as isolated from professional or political developments in other countries and regions. In addition, the report is multi-disciplinary; it covers research from the fields of psychosocial studies, sociology, social policy, economics and politics. It stretches from the local, to the regional and the national. And it is consistentlyintersectional, addressing gender, class, generation, race, ethnicity and religion.
The new delegation doctrine might seem perplexing to both sides of the current delegation debate. Either it is too intrusive on administrative prerogatives or it is not nearly intrusive enough. The new delegation doctrine is difficult to comprehend only because it evinces a different focus. While the debate concentrates primarily on the legitimacy of lawmaking by administrative agencies, the new doctrine speaks more to the goal of promoting the legitimacy of law made by administrative agencies. It might even be fair to say that, in this regard, the new doctrine moves beyond the academic debate. Moreover, the new doctrine neither abandons democracy nor interferes with it in an arbitrary fashion. It attempts to reinforce a certain conception of democracy in precisely those cases that suggest a classic democracy problem. And it does so at the administrative level, preserving the significant advantages of agency policymaking. Thus, it offers a mechanism that mediates between the extremes of the delegation debate and that fits comfortably within the administrative state. The new delegation doctrine also recognizes and remedies the inherent limitation of interpretive norms as an alternative tool for constraining broad delegations.
The consensus around shareholder primacy is crumbling. Investors, long assumed to be uncomplicated profit-maximizers, are looking for ways to express a wider range of values in allocating their funds. Workers are agitating for greater voice at their workplaces. And prominent legislators have recently proposed corporate law reforms that would put a sizable number of employee representatives on the boards of directors of large public companies. These rumblings of public discontent are echoed in recent corporate law scholarship, which has cataloged the costs of shareholder control, touted the advantages of nonvoting stock, and questioned whether activist holders of various stripes are acting in the company's best interests. Academics who support stronger share-holder rights are accused of pandering to special interest groups or naively seeking a panacea in a plebiscite. As critical theorists have documented over time, the foundations of the shareholder primacy model have always been compromised. In particular, the arguments for a core feature of the modern corporation—the exclusive shareholder franchise—have been revealed as the product of flawed assumptions, misapplied social choice theory, and a failure to hold true to the fundamental precepts of standard economics. It is time to look at such governance features anew, and reorient the literature around the basic purpose of corporations: to provide a legal mechanism for business firms to engage in the process of joint production. In this Article, we present a new shared governance model, one that builds on the longstanding theory of the firm as well as a novel theory of democratic participation. These twin arguments, economic and political, both counsel in favor of extending the corporate franchise to employees as well as shareholders, and, importantly, provide a way to distinguish these two constituencies from other corporate stake-holders when it comes to governance rights. We conclude by assessing the current status of a shared governance system in Germany and advocating for further theoretical and empirical inquiry into shared governance structures that provide for joint shareholder and employee participation.