Academic literature on the topic 'Equity and Trusts Law'
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Journal articles on the topic "Equity and Trusts Law"
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Gretton, George L. "Trusts Without Equity." International and Comparative Law Quarterly 49, no. 3 (July 2000): 599–620. http://dx.doi.org/10.1017/s0020589300064381.
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“Perhaps the greatest difficulty the civilians have in accepting the trust is caused by what I have come to regard as an English peculiarity logically detachable from the trust, namely, the distinction between the legal and the equitable estate. In Scots law, which, even if it did not invent and develop the trust for itself but took it over from England—the point is doubtful—has accepted it without inhibitions or reservations, no such distinction has ever been known. There the trustee becomes owner and the beneficiary acquires a contractual right against him.”1
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Angelo, A. H., and Ashleigh Allan. "Common Law Equity in a Civil Law Country." Victoria University of Wellington Law Review 44, no. 3/4 (November 1, 2013): 427. http://dx.doi.org/10.26686/vuwlr.v44i3/4.4992.
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This article serves to introduce an aspect of current research related to the review of the Seychelles Civil Code and the important question of the role of trusts. The Civil Code is based on the Code Napoléon and has therefore no provision for the trust of English law. The Courts of Seychelles have, however, a statutory equitable jurisdiction. That jurisdiction has given rise to the question whether the trust of England may be able to operate in Seychelles. The prime area of discussion of this possibility has been in relation to the property rights of the parties to a failed concubinage relationship. This article focuses on that discussion.
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Etherton, Terence. "CONSTRUCTIVE TRUSTS: A NEW MODEL FOR EQUITY AND UNJUST ENRICHMENT." Cambridge Law Journal 67, no. 2 (June 19, 2008): 265–87. http://dx.doi.org/10.1017/s0008197308000342.
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A comprehensive review, or what has been variously described as the classification or mapping or taxonomy, of constructive trusts would require analysis of areas of law as diverse as vendor and purchaser transactions, the perfection of imperfect gifts, fully secret and half secret trusts, breach of fiduciary duty, and accessory liability for breach of trust, among several others. The search for an acceptable, universally acknowledged, principle for the establishment of a constructive trust, which gives coherence to past decisions and provides a clear guide for the future, will certainly prove elusive in relation to the many different areas of law and fact in which constructive trusts arise.
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Reid, Kenneth G. C. "Patrimony Not Equity: the trust in Scotland." European Review of Private Law 8, Issue 3 (September 1, 2000): 427–37. http://dx.doi.org/10.54648/273249.
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While the distinction between legal and equitable ownership is of central importance to the historical development of the trust in England, the idea of trust does not depend on such a distinction. In the mixed legal systems, of which Scotland is an example, there is a fully developed doctrine of trust, but no corresponding doctrine of equity. This suggests that equity is not, after all, the main organising feature of the law of trusts. The argument of this paper is that the fundamental characteristic of the trust is not dual ownership, but dual patrimony. In the normal case a single person has only a single patrimony. But in a trust there are two patrimonies, for, in addition to his private patrimony, the trustee holds a trust patrimony consisting of all the assets and liabilities of the trust. The patrimonies are distinct in law, so that the assets of the trust patrimony cannot be used to meet the liabilities of the personal patrimony. This idea of dual patrimony explains much in the law of trusts that is otherwise puzzling. In particular it explains the substitution of assets when trust property is bought and sold, the protection given to the trust beneficiary against the personal insolvency of the trustee, and the identity of the trust in a manner distinct from those who, for the time being, are its trustees and beneficiaries.
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Macnair, M. R. T. "Equity and volunteers." Legal Studies 8, no. 2 (July 1988): 172–88. http://dx.doi.org/10.1111/j.1748-121x.1988.tb00548.x.
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It is a commonplace that ‘Equity will not assist a volunteer’, or ‘Equity will not perfect an imperfect gift’. One problem posed by this rule is the question: what is the attitude of equity to instruments which, though not effective at law to transfer property, may at law give the volunteer beneficiary, or a person named as a trustee for volunteers, a right of action in damages? This is the very well-trodden ground of covenants to settle property and Re Pryce, Re Kay’s Settlement, and Re Cook’s Settlement Trusts, and the apparent conflict between these cases and Fletcher v Fletcher and Re Cavendish-Browne’s Settlement Trusts.
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Fisher, James C. "Alastair Hudson, Equity and Trusts." Law Teacher 51, no. 1 (June 16, 2016): 104–5. http://dx.doi.org/10.1080/03069400.2016.1185266.
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Butler, Andrew S. "Simplicity and Innovation in the Law of Equity and Trusts: the Cooke Era." Victoria University of Wellington Law Review 39, no. 1 (June 2, 2008): 167. http://dx.doi.org/10.26686/vuwlr.v39i1.5458.
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This essay explores the contribution that Robin Cooke and his erstwhile colleagues on the Court of Appeal bench made in the field of equity and trusts. The survey of key equity and trusts cases of the Cooke era demonstrates a commitment to principle, with an emphasis on the purpose of individual equitable and trusts doctrines and a close examination of the individual facts of each case. The result is that the law of equity and trusts is now more principled in focus and simpler to state.
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Nwabueze, Remigius N. "Equitable Bases of the Nigerian Land Use Act." Journal of African Law 54, no. 1 (March 4, 2010): 119–42. http://dx.doi.org/10.1017/s0021855309990192.
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AbstractDo the terms of the Nigerian Land Use Act permit the application of equitable principles to transactions under it? More particularly, could equity be used to enforce null and void transactions under the Act? Although the Supreme Court answered these questions in the negative in Ajilo, other decisions of the Supreme Court, as well as some sections of the Act itself, suggest that the Act is not incompatible with equitable principles. Nor is it contrary to public policy to enforce null and void transactions under the Act through the intervention of equity. Two relevant equitable concepts are resulting and constructive trusts. While constructive trusts have found some fertile soil in Nigerian equity jurisprudence (despite the discordant tune in Ajilo), Nigerian courts seem to struggle with the principles of resulting trust. This article suggests that resulting and constructive trusts are proper instruments for the interpretation and application of the Act and that Ajilo should be overruled.
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Platsas, Antonios E. "Sukhninder Panesar, Exploring Equity and Trusts." Law Teacher 44, no. 3 (November 23, 2010): 409–10. http://dx.doi.org/10.1080/03069400.2010.527137.
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Nield, Sarah. "Constructive trusts and estoppel." Legal Studies 23, no. 2 (June 2003): 311–31. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00216.x.
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Repeated comments are made as to the similarity between the common intention constructive trust and proprietary estoppel, but there remains considerable confusion over the precise nature of this interrelationship. The constituent elements of each doctrine bear close comparison and, although their respective modes of operation remain distinct, they may lead to similar results. The recent redefinition of the Pallant v Morgan equity provides an opportunity to probe once more the interrelationship between these doctrines. The Pallant v Morgan1 equity explores the operation of the Rochefoucauld v Boustead2 doctrine in the context of the joint acquisition of land and demonstrates the enforceability of express oral intention based upon a wider range of unconscionablity than the detriment based conduct which dominates both the common intention constructive trust and estoppel.
Dissertations / Theses on the topic "Equity and Trusts Law"
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Ashdown, Michael J. "The rule in Re Hastings-Bass." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:b63ddd3f-1762-41b2-8c6b-e3c4c1c2b711.
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The rule in Re Hastings-Bass is an equitable control on the exercise of powers by trustees. It has developed without satisfactory explanation of its doctrinal basis, resulting in uncertainty as to its scope and application. In Pitt v Holt [2011] EWCA Civ 197 the Court of Appeal began to remedy these defects by deciding that the rule is founded on a trustee’s duty properly to consider the exercise of a power. This thesis argues, first, that Pitt is right to understand the Re Hastings-Bass rule as premised on the duties of trustees, and not on the exercise of a power producing an unintended result. This accords with the reasoning of earlier cases on the rule, and is also consistent with House of Lords authority on fiduciary powers and judicial non-interference in trustees’ decision-making. This duty is not a ‘fiduciary’ duty, or an aspect of the trustee’s duty of care, but is an independent incident of the office of trustee. Secondly, this analysis of the Re Hastings-Bass rule facilitates exposition of its important features: the concept of ‘relevant consideration’ must be carefully circumscribed; the purported exercise of a power in breach of the rule is voidable, not void; the rule does not apply to purely personal powers, or to administrative powers; there are no special rules for pension trusts or the use of the rule to mitigate liability to taxation; trustees can usually avoid a breach of duty by taking professional advice; and in some circumstances, those professional advisers can incur liability to the trust beneficiaries. Finally, the relationship between the Re Hastings-Bass rule and fraud on a power is examined. It is argued that the analogy between the two doctrines is not sound, and that there is reason to doubt aspects of the orthodox account of fraud on a power.
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Olcese, Tomás. "Formação histórica da real property law> inglesa: tenures,estates, equity & trusts." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-29082013-140556/.
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A real property law inglesa é um tema pouco estudado na tradição jurídica de base romanística, e menos ainda no Brasil. Mesmo a literatura comparatística tem minimizado, ou mesmo omitido, o estudo abrangente das fontes inglesas ao analisar o tema, resultando na ausência de trabalhos escritos desde uma perspectiva do direito privado continental que analisem com maior profundidade os principais elementos formativos dos direitos reais sobre bens imóveis de matriz inglesa. As referências e alusões ao sistema do common law, contudo, são hoje cada vez mais freqüentes nos ordenamentos de matriz civilística, principalmente em razão da maior interação entre ordenamentos pertencentes a sistemas jurídicos de tradição histórica diversa. Portanto, para estabelecer diálogos relevantes, deve-se dedicar atenção especial aos principais elementos de formação do sistema de direito inglês, de modo a desvendar sua particular estrutura e terminologia. O primeiro passo para estabelecer esse diálogo é conhecer os elementos que deram origem ao sistema do common law. Dado o forte vínculo do direito inglês com a sua história, torna-se necessário o estudo da real property law por meio de uma análise das suas fontes históricas que revele tanto a estrutura conceitual quanto o sentido das expressões e dos institutos mais típicos do sistema do common law. É esse estudo que pretendemos realizar neste trabalho, mediante a análise da formação histórica das tenures, dos estates, da equity e dos trusts. Uma pesquisa baseada nas fontes relativas à formação da real property law traz a vantagem adicional de fornecer uma visão ampla acerca da natureza e o funcionamento do sistema do common law como um todo, na medida em que o desenvolvimento primário do direito inglês esteve associado à estrutura dos direitos reais sobre bens imóveis na Inglaterra. Desse contexto derivam, em larga medida, as particularidades e as características que tornam o sistema do common law, em muitos aspectos, diverso dos sistemas jurídicos de tradição romanística. A busca por uma aproximação entre os sistemas pertencentes a essas duas tradições jurídicas exige uma compreensão dos elementos que deram origem à diversidade entre elas. Nossa proposta é, justamente, identificar esses elementos e torná-los compreensíveis desde uma perspectiva civilística, por meio de uma análise das fontes inglesas mais relevantes para o tema.English real property law is not a subject very often studied in the legal tradition based on Roman law, and even less so in Brazil. Even comparative writers have tended to minimize, if not altogether omit, a comprehensive study of the English sources when discussing the subject, resulting in a lack of literature, written from the perspective of continental private law, that analyses in greater depth the main formative elements of the law of real property based on the English legal model. The references and allusions to the common law legal system, however, have become increasingly more frequent in civil law contexts, largely due to the greater degree of interaction between legal systems belonging to different historical traditions. Thus, in order to establish meaningful dialogues, special attention must be given to the main factors that shaped the English legal system, thereby unveiling its specific structure and terminology. The firs step towards establishing such a dialogue is to understand the elements that gave birth to the common law legal system. Given the strong connection English law has with its history, it is necessary to study the real property law through an analysis of its historical sources, which will reveal the conceptual structure and the meaning of the most typical expressions and institutions of the English legal system. That is the task undertaken herein, to be accomplished through the study of the historical inception of the doctrine of tenures, the doctrine of estates, equity and trusts. A study based on the sources regarding the formation of the real property law brings the additional advantage of providing a broad outlook on the nature and operation of the English legal system as a whole, as the primary development of English law was associated to the structure of rights over land in England. That context is the cause, to a large extent, of the peculiarities and characteristics that make the English legal system, in many ways, different from legal systems based on Roman law. The pursuit for a closer interaction between the legal systems that belong to those two legal traditions requires an understanding of the elements that determined their differences. The object of this research is to identify those elements and make them comprehensible from a civilian perspective, by means of an analysis of the most relevant English sources on the subject.
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Stafford, Rowan Bell. "A legal-comparative study of the interpretation and application of the doctrines of the sham and the alter-ego in the context of South African trust law: the dangers of translocating company law principles into trust law." Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1003210.
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This thesis analyses the doctrines of the sham and the alter-ego and their application to the law of trusts in South Africa. Following an initial examination of the historical development of the law of trusts in English law and the principles of equity law, the study focuses on the current legal status of the trust inter vivos in South Africa and the similarities to its English forerunner. The work traces the sham doctrine back to its origins in English law, where the term “sham” was first used in the context of fraud and dishonesty in cases involving matters arising from hire-purchase agreements, and explains how it gradually began to find its place in the law of trusts. During the exploration, the work highlights the cornerstone of the sham doctrine’s development, the Snook test, which in effect became the internationally accepted guideline for any sham trust enquiry. In terms of the alter-ego doctrine, the work highlights the birth of the principle in Australian law and the doctrine’s immediate reception into other common law jurisdictions and its resultant development. The growth, maturity and popularity of the doctrines are key to the thesis and, in the course of the investigation, the study provides a legal-comparative analysis of the treatment of the doctrines in the context of trusts against that in other common law countries. The study then shifts its focus to South Africa’s interpretation and application of these doctrines in trust law, and reveals the erroneous judicial development in which the courts have in some instances mistakenly replaced the sham doctrine with the company law doctrine of piercing the corporate veil or, in other instances, have erroneously conflated the two trust doctrines. The results highlight a breach of a fundamental rule observed overseas – the “no half way house” rule, which specifically cautions against South Africa’s chosen direction when allowing the lifting of a trust’s veil. The study closes with suggestions as to how the country could reconcile the problems underlined in the thesis by means of law reform, as well as offering practical advice for settlors, trustees and beneficiaries, the core of which is given in the handbook that accompanies this thesis.
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Cutts, Tatiana. "The role of tracing in claiming." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:5000c8bc-8fd4-4889-b13d-f0ad714e947f.
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The central tenet of tracing theory is that in certain circumstances it is possible to show that one asset stands in the place of another, such that any claims in relation to the original asset can be transmitted to its substitute. Since at least 2001 academic and judicial orthodoxy has been that this is done by following the path of value from one asset to the other, and can be aided in more complex cases by the application of evidential rules or presumptions. These ideas are at the heart of existing accounts of proprietary claims against trustees who deal with trust assets without authority, and personal and proprietary claims against strangers to the trust. They are also at the heart of calls to 'unify' the rules of tracing at law and in equity, removing existing distinctions drawn between claimants who are owed fiduciary duties and those who are not. In this thesis it is argued that there are no independent processes of following and identifying value, and that the language of 'tracing value' has lent the appearance of neutrality and conceptual unity to disparate heads of fiduciary and non-fiduciary liability. Most importantly, it has led to the assumption that in any case in which a claimant can demonstrate that a series of transactions links some right in the defendant’s hands with a right previously held by or for the claimant, the claimant can claim that right. In this thesis it is argued that far from creating an arbitrary practical obstacle for claimants seeking to trace and locate value, the fiduciary relationship is at the heart of the justification for any claim that exists to a new right in the hands of someone else.
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Chan, Kathryn. "The public-private nature of charity law in England and Canada." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a77dd8a0-9a94-46f0-9e83-761103f45655.
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This thesis examines various aspects of English and Canadian charity law in terms of their relationship with the contested categories of ‘public law’ and ‘private law’. It argues that the law of charities can be regarded as a hybrid legal discipline in both a general or categorical sense, and in the context-specific or functional sense that both the conditions for obtaining charitable status, and the regulation of the conduct of charities and their trustees, are continually being adjusted in such a way as to maintain in a broad sense a functional equilibrium between individual project pursuit and collective project pursuit; that is to say, an equilibrium between the protection of the autonomy of property-owning individuals to control and direct their own wealth, and the furtherance of competing public interests or visions of the good. After sketching out the history and nature of the common law charities tradition and the contemporary English and Canadian regulatory regimes, the thesis pursues its analytical and comparative hypotheses by examining two important features of English and Canadian charity law, the public benefit doctrine and the rules of locus standi that determine who may seek relief for misapplications of charity property. It then addresses the comparatively modern issue of the governmental co-optation of charitable resources, considering to what extent modern pressures associated with the retrenchment of welfare states threaten to destabilize charity law’s hybrid equilibrium in EW and Canada. The thesis then turns to the emerging phenomenon of social enterprise, arguing that shifts to charity law’s functional equilibrium may explain the emergence of this ‘post-charitable’ legal form. The thesis concludes with some observations on the hybrid nature of the law of charities, and on the different functional equilibriums between individual project pursuit and collective project pursuit that have been reached by English and Canadian charity law.
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Sanchez, de Lozada Louis. "Trusts exprès privés anglo-américains, fidéicommis latino-américains et la fiducie française." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020043/document.
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Les trusts anglo-américains (anglais, américain et des Iles Cook) coexistent avec les trusts de droit civil (les fidéicommis argentin, bolivien, panaméen et la fiducie française). Ils appartiennent aux deux familles de droit de Common Law et romano-germanique et ont des structures différentes. Les trusts exprès anglo-américains sont créés par acte unilatéral du constituant et mettent en place une relation trustee-bénéficiaire. Les trusts de droit civil sont créés par contrat (ou testament) entre le constituant et le fiduciaire et ne donnent pas des droits réels aux bénéficiaires. Malgré leur différence de structure, les deux trusts fonctionnent de manière équivalente, grâce au transfert de propriété au fiduciaire et à l’étanchéité du patrimoine fiduciaire. Les réserves héréditaires sont un élément extérieur à la structure des trusts testamentaires ; ceux-ci fonctionnent de manière analogue. Les techniques d’investissement et de gestion fiduciaire sont aussi similaires : des clauses conditionnelles d’accès ou fin de la propriété fiduciaire et des pouvoirs discrétionnaires donnés au trustee sont communs aux deux modèles de trust. La séparation du patrimoine sert à mettre en place des trusts de gestion, de protection ou de garantie de financement de projet, de défaisance ou de titrisation. Le fonctionnement du FCP, similaire à celui des Unit Trusts, devrait donner la propriété fiduciaire des actifs au dépositaire. Des éléments de la loi, extérieurs à la structure de la fiducie, qui n’existent pas chez ses homologues latino et anglo-américains, empêchent son fonctionnement normal. Nous proposons de modifier la loi sur la fiducie, sur les FCP et les fonds de titrisationAnglo-American express private trusts, Latin-American fideicomiso and French fiducia”. Common Law trusts (English, American and Cook Islands) co-exist with civil law domestic trusts (Argentinean, Bolivian and Panamanian fideicomiso and French fiducia). They belong to the Common Law and continental law families respectively and have different structures. Anglo-American express trusts are settled by a settlor (declaration, gift) or by a will that creates an equitable relationship between the trustee and the cestui, whereby both share legal and equitable interests on the trust property. Civil law trusts are settled by a contract between the settlor and the trustee and by a will. Thus, a civil law trust beneficiary has only personal remedies against a trustee in respect of breach of trust. Despite the structural differences, both types of trusts operate in similar ways, due to the transfer of property to the trustee and the separation of the trust property. Testamentary trusts also work in a similar way; forced heirship is an external element of both. Trust managing and investment techniques and practices are also similar: condition precedent and condition subsequent clauses and discretionary trusts and powers are common to both trust models. Separation of the trust property allows for the settlement of protective trusts, trusts for project financing, defeasance and securitization. French Mutual Funds are comparable to Unit Trusts. Both should give legal title to the trustee (custodian). External elements of French law, which do not exist in Anglo or Latin American trusts, restrain the normal operation and use of French fiducia. We propose to modify the fiducia, mutual and securitization funds law
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Molinari, Claire Marcella. "The environment, intergenerational equity & long-term investment." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:30dd270b-3f0f-4b8b-979e-904af5cb597b.
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This thesis brings together two responses to the question ‘how can the law extend the timeframe for environmentally relevant decision-making?’ The first response is drawn from the context of institutional investment, and addresses the timeframe and breadth of environmental considerations in pension fund investment decision-making. The second response is related to the context of public environmental decision-making by legislators, the judiciary, and administrators. Three themes underlie and bind the thesis: the challenges to decision-making posed by the particular temporal and spatial characteristics of environmental problems, the existence and effects of short-termism in a variety of contexts, and the legal notion of the trust as a means for analysing and addressing problems of a long-term or intergenerational nature. These themes are borne out in each of the four substantive chapters. Chapter III sets out to demonstrate the theoretical potential of pension funds to drive the reduction of firms’ environmental impact, and, focusing particularly on the notion of fiduciary duty, explores the barriers that stand in their way. Chapter IV provides a practical application of the theoretical recommendations outlined in its predecessor. It provides a framework outlining how pension funds might implement a longer term, more sustainable approach to investing. The second half of the thesis, operating in the context of public environmental decision-making, is centred upon a particularly poignant legal notion with respect to the environment and time: the concept of intergenerational equity. Just as the first half of the thesis deals with the timeframes relevant to investment decision-making by pension funds within the bounds of fiduciary duty, largely a private law affair with public implications, the second half of the thesis is concerned with the principle of intergenerational equity as a means for extending the decision-making timeframe of legislative, judicial and administrative decision-makers. As previous analyses of the concept of intergenerational equity provide little insight into its practical implications when applied to particular factual situation, Chapter V sets out the structure of the principle of intergenerational equity as revealed by case law. Chapter VI brings together the issues from the first three papers by conceptualising intergenerational equity in resource management as an issue of long-term investment. Long-term environmental decision-making faces many obstacles. Individual behavioural biases, short-term financial incentive structures, the myopic pressures of the electoral cycle and the tendency of the common law to reinforce the (often shorttermist) status quo all present significant barriers to the capacity of both private and public decision-makers to act in ways that favour the longer term interests of the environment. Nonetheless, this thesis argues that there is reason for hope: drawing upon the three themes that underlie all of the substantive Chapters, it articulates potential legislative changes and recommends the adoption of particular governance structures to overcome barriers to long-term environmental decision-making.
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Garland, Fae Sinead. "Valuing domestic contributions : a search for a solution for family law." Thesis, University of Exeter, 2012. http://hdl.handle.net/10871/10201.
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Currently, a great schism exists in the way that the law of financial provision treats cohabiting and married couples on relationship breakdown. Given that research consistently demonstrates that women are predominantly responsible for carrying out homemaking activities regardless of employment status, at the heart of this divide is the way that the law attributes value to this traditionally female role. In the married context, on divorce, breadwinning and homemaking contributions have equal value, yet in the cohabitation context only financial contributions are recognised, with homemaking having no value attributed to it. This polarised approach has received extensive criticism from the courts, the legal profession and the academic community, both for overvaluing domestic contributions in the married context and for ignoring or at best undervaluing them in the cohabitation context. Yet, despite the agreement over the inadequacies in this area, there is a lack of consensus over the direction that reform should take, and so far attempts have been slow and have often come to nothing, especially in the cohabitation context. Furthermore, feminist opinion is divided about whether financial recognition of domestic contributions in family law poses a threat to the financial autonomy of women, encouraging patriarchal financial dependence; or whether such developments redress a glaring inequality inherent in gendered roles freely chosen within the family. Consequently, this project uses the two very differing feminist positions of Ruth Deech and Martha Fineman who embody this divide as the lens through which to explore this dichotomous tension underlying the law in this area. To test out these two feminist stances, this project uses a range of doctrinal, feminist and empirical methodology, namely interviews with legal practitioners, to compare the approaches in New Zealand, Scotland and Queensland, Australia alongside England and Wales, where each jurisdiction differentially reflects a point on a spectrum between Deech and Fineman’s contrasting positions. This project also uses focus groups with members of the public in England and Wales to ascertain the affected communities’ views on these models of financial provision. Drawing on these results, this thesis shall consider how the law of financial provision in England and Wales should divide assets on relationship breakdown in the marriage, civil partnership and the same- and different-sex cohabiting context. Should it promote financial autonomy or should it offer greater protection to those who lead gendered lives in the private sphere?
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Ball, Eli Byron Stuart. "Enrichment at the claimant's expense : attribution rules in unjust enrichment." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:dc066712-fd0c-4d4f-81ad-dfbbb1805acf.
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This thesis presents an account of attribution in unjust enrichment. Attribution refers to how and when two parties – a claimant and a defendant – are relevantly connected to each other for unjust enrichment purposes. It is reflected in the familiar expression that a defendant be 'enriched at the claimant's expense'. This thesis presents a structured account of attribution, consisting of two requirements: first, the identification of an enrichment to the defendant and a loss to the claimant; and, secondly, the identification of a connection between that enrichment and that loss. These two requirements must be kept separate from other considerations often subsumed within the expression 'enrichment at the claimant's expense' which in truth have nothing to do with attribution, and which instead qualify unjust enrichment liability for reasons that should be analysed in their own terms. The structure of attribution so presented fits a normative account of unjust enrichment based upon each party's exchange capacities. A defendant is enriched when he receives something that he has not paid for under prevailing market conditions, while a claimant suffers a loss when he loses the opportunity to charge for something under the same conditions. A counterfactual test – asking whether enrichment and loss arise 'but for' each other – provides the best generalisation for testing whether enrichment and loss are connected, thereby satisfying the requirements of attribution in unjust enrichment. The law is stated as at 15 March 2014.
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Shmilovits, Liron. "Deus ex machina : legal fictions in private law." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/286225.
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This PhD dissertation is about legal fictions in private law. A legal fiction, broadly, is a false assumption knowingly relied upon by the courts. The main aim of the dissertation is to formulate a test for which fictions should be accepted and which rejected. Subsidiary aims include a better understanding of the fiction as a device and of certain individual fictions, past and present. This research is undertaken, primarily, to establish a rigorous system for the treatment of fictions in English law - which is lacking. Secondarily, it is intended to settle some intractable disputes, which have plagued the scholarship. These theoretical debates have hindered progress on the practical matters which affect litigants in the real world. The dissertation is divided into four chapters. The first chapter is a historical study of common-law fictions. The conclusions drawn thereform are the foundation of the acceptance test for fictions. The second chapter deals with the theoretical problems surrounding the fiction. Chiefly, it seeks precisely to define 'legal fiction', a recurrent problem in the literature. A solution, in the form of a two-pronged definition, is proposed, adding an important element to the acceptance test. The third chapter analyses modern-day fictions and recommends retention or abolition for each fiction. In the fourth chapter, the findings hitherto are synthesised into a general acceptance test for fictions. This test, which is the thesis of this work, is presented as a flowchart. It is the author's hope that this project will raise awareness as to the merits and demerits of legal fictions, de-mystify the debate and bring about reform.
Books on the topic "Equity and Trusts Law"
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Equity & trusts law. 3rd ed. Oxford, U.K: Oxford University Press, 2012.
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Equity & trusts law. 2nd ed. New York: Oxford University Press, 2010.
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Watt, Gary. Equity & trusts law: Directions. Oxford: Oxford University Press, 2008.
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Edwards, Richard. Trusts and equity. Harlow, England: Pearson Longman, 2011.
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Equity and trusts. 7th ed. Abingdon, Oxon [UK]: Routledge-Cavendish, 2012.
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Wilkie, Margaret. Equity & trusts. 6th ed. Oxford: Oxford University Press, 2008.
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Wilkie, Margaret. Equity & trusts. 5th ed. Oxford: Oxford University Press, 2006.
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Wilkie, Margaret. Equity & trusts. London: Blackstone, 1994.
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Rosalind, Malcolm, and Luxton Peter 1952-, eds. Equity & trusts. 4th ed. Oxford: Oxford University Press, 2004.
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Edwards, Richard. Trusts and equity. 5th ed. Harlow: Longman, 2002.
Find full textBook chapters on the topic "Equity and Trusts Law"
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Hudson, Alastair. "Essay – Family law, human rights law and equity." In Equity and Trusts, 733–45. 10th ed. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003205784-22.
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Webb, Charlie, and Tim Akkouh. "An introduction to equity and trusts." In Trusts Law, 1–23. London: Macmillan Education UK, 2008. http://dx.doi.org/10.1007/978-1-137-28818-9_1.
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Webb, Charlie, and Tim Akkouh. "An introduction to equity and trusts." In Trusts Law, 1–18. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-60693-8_1.
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Hudson, Alastair. "Commercial and international trusts law." In Equity and Trusts, 919–45. 10th ed. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003205784-28.
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Hudson, Alastair. "Commercial and international trusts law." In Principles of Equity and Trusts, 473–82. 2nd ed. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003123668-28.
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Watt, Gary. "10. Trustee appointments." In Equity & Trusts Law Directions, 237–57. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198804703.003.0010.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. No more than four trustees can be appointed in a private trust of land. The trustees will hold the legal title as joint tenants; if any of them dies, the legal title remains vested in the surviving trustees by ‘right of survivorship’. This chapter examines trustee appointments, focusing on cases where a trustee dies or for some other reason ceases to act, and also considers the persons able to appoint trustees and the persons able to act as trustees. The chapter provides an overview of the Trustee Act 1925, and the Trusts of Land and Appointment of Trustees Act 1996. It also considers the principle that a trust does not fail for want of a trustee, how a trustee may disclaim the trust and the modes by which a trustee might retire, or be removed, from the trust. In addition, the chapter looks at the actions of the trustee upon appointment, liability after retirement from the trust, removal under ss 36(1) and 41 of the Trustee Act 1925 and removal of the trustee under the court’s inherent jurisdiction.
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Watt, Gary. "10. Trustee appointments." In Equity & Trusts Law Directions, 235–55. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198869382.003.0010.
Full textAbstract:
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. No more than four trustees can be appointed in a private trust of land. The trustees will hold the legal title as joint tenants; if any of them dies, the legal title remains vested in the surviving trustees by ‘right of survivorship’. This chapter examines trustee appointments, focusing on cases where a trustee dies or for some other reason ceases to act, and also considers the persons able to appoint trustees and the persons able to act as trustees. The chapter provides an overview of the Trustee Act 1925, and the Trusts of Land and Appointment of Trustees Act 1996. It also considers the principle that a trust does not fail for want of a trustee, how a trustee may disclaim the trust and the modes by which a trustee might retire, or be removed, from the trust. In addition, the chapter looks at the actions of the trustee upon appointment, liability after retirement from the trust, removal under ss 36(1) and 41 of the Trustee Act 1925 and removal of the trustee under the court’s inherent jurisdiction.
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"Essay – Family law, human rights law and equity." In Equity and Trusts, 815–40. Routledge-Cavendish, 2009. http://dx.doi.org/10.4324/9780203876725-30.
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Watt, Gary. "2. Understanding trusts." In Equity & Trusts Law Directions, 25–45. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198869382.003.0002.
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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. There are many kinds of trusts performing different functions. Private family trusts of the orthodox type are different from special trusts such as pension trusts and charitable trusts, and the so-called ‘NHS trust’. The diversity of functions performed by trusts explains why there is diversity within the law of trusts. This chapter provides an overview of trusts, including their usefulness, how they differ from other legal concepts (contracts, debt, powers, agency), the different trust types, the role of trusts in asset protection and the social significance of trusts. It looks at special categories of trusts and trustees, including bare trusts, protective trusts, pension fund trusts and asset protection trusts.
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Virgo, Graham. "Equity and Trusts." In What About Law? Hart Publishing, 2021. http://dx.doi.org/10.5040/9781509950133.ch-006.
Full textConference papers on the topic "Equity and Trusts Law"
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Stand, Jeremy, Blaine Stand, Tara Stand, and Petr Stand. "Community Land Trusts: A New Model for Urban Equity and Environmental Resilience." In International Low Impact Development Conference 2018. Reston, VA: American Society of Civil Engineers, 2018. http://dx.doi.org/10.1061/9780784481783.019.
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"Home Equity Investment Trusts." In 5th European Real Estate Society Conference: ERES Conference 1998. ERES, 1998. http://dx.doi.org/10.15396/eres1998_142.
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Arslan, Çetin, and Didar Özdemir. "Insider Trading Crime in Turkish Criminal Law." In International Conference on Eurasian Economies. Eurasian Economists Association, 2018. http://dx.doi.org/10.36880/c10.02113.
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Insider trading act is penalised ultima ratio with the aim of fighting against manmade market actions which outrage the principle of public disclosure and the element of trust in order to establish equality and good faith in capital markets. Insider trading is first disposed as a crime among the other capital market crimes (art.47/1-A-1) in the Capital Market Code no.2499 dated 28.07.1981 with the Amendment to the law no.3794 dated 29.04.1992 and at the present time it is rearranged as a self-contained crime type in article 106 of the Capital Market Code no.6362 dated 06.12.2012. In this study, the crime of insider trading is examined –in particular through the controversial points- as a comparative analysis between abrogated and current dispositions in Turkish Law.
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Widjaja, Gunawan, and Victoria Regine Liando. "The Existence of Trusts in Indonesian Shariah Law; Study on Law No.19 Year 2008 Regarding State Shariah Commercial Paper." In Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200515.069.
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Hsiao, Yu Ling. "Test for Contagion with Applications to Equity Markets." In 2016 International Conference on Politics, Economics and Law (ICPEL 2016). Paris, France: Atlantis Press, 2016. http://dx.doi.org/10.2991/icpel-16.2016.6.
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Mathurin, Jeph, and Nicolas Peter. "Private Equity Investments Beyond Earth Orbits: Ca..." In 56th International Astronautical Congress of the International Astronautical Federation, the International Academy of Astronautics, and the International Institute of Space Law. Reston, Virigina: American Institute of Aeronautics and Astronautics, 2005. http://dx.doi.org/10.2514/6.iac-05-e3.3.01.
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"Performance Evaluation of Mutual Funds: A Study of Selected Diversified Equity Mutual Funds in India." In International Conference on Business, Law and Corporate Social Responsibility. International Centre of Economics, Humanities and Management, 2014. http://dx.doi.org/10.15242/icehm.ed1014025.
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Çürük, Turgut, and Ayşe Tanyeri. "The Impact of Consolidated Financial Statements on Performance of Financial Institutions: A Key Study from Turkey." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01360.
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Financial statements prepared by companies are the main sources of information for those who make economic decisions about the companies. As the listed companies in many countries (at least on the large European stock market) have one or more subsidiaries, they are obligated by regulations to prepare dual financial statements (individual and consolidated). Unlike the practices in developed European stock exchanges, companies listed on the stock exchange in Turkey, which used to prepare individual financial statements until 2005, have been preparing only consolidated financial statements in accordance with national accounting and financial reporting standards which were adopted from International standards since then. As of today, individual financial statements have not been prepared by Turkish companies. Only exception to this general practices are the Real Estate Investment Trusts (REITs) registered with Capital Market Board (CMB). As the discussions and results of some empirical studies in the literature indicate that impact of consolidated and individual financial statements on the performances of companies are different. In line with these arguments in literature, this study, focusing on the REITs registered with CMB in Turkey, attempts to investigate the impact of consolidated financial statements on performance of financial institutions (REITs). In this context, value relevance is used as a proxy to measure the performance. Than the impact of indicators as regards to profit and owners’ equity observed from two different sets of financial statements of the same Real Estate Investment Trusts on the value relevance of companies are analyzed.
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Horvathova, Jarmila. "ANALYSIS OF COST OF EQUITY MODELS IN CALCULATING ECONOMIC VALUED ADDED OF SLOVAK BUSINESSES." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b22/s6.005.
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Tishchenko, Alena, Vera Zadorozhnaya, and Zamfira Tanaeva. "Leading Principles of Equity and Equality Before the Law in the Process of Electronic Justice." In 6th International Conference on Social, economic, and academic leadership (ICSEAL-6-2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200526.064.
Full textReports on the topic "Equity and Trusts Law"
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Fisher, Rebecca, Lucinda Allen, Akanksha Malhotra, and Hugh Alderwick. Tackling the inverse care law: Analysis of policies to improve general practice in deprived areas since 1990. The Health Foundation, January 2022. http://dx.doi.org/10.37829/hf-2022-p09.
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This analysis reviews attempts to tackle inequities in the supply of general practice services in England over the past 30 years. The report looks at policies on general practice funding, workforce, premises, contracts and commissioning. It provides several recommendations for national policymakers, including: a new equity test for all new policies in general practice; an independent review of general practice funding allocations; and a long-term workforce strategy for general practice that should consider stronger central coordination and oversight of GP distribution.
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Lavadenz, Magaly. Masking the Focus on English Learners: The Consequences of California’s Accountability System Dashboard Results on Year 4 Local Control and Accountability Plans (LCAPs). Center for Equity for English Learners, 2018. http://dx.doi.org/10.15365/ceel.lcap2018.1.
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California’s Local Control Funding Formula (LCFF), signed into law in 2013, centers equity as a key to increased and improved services for three targeted student subgroups, including English Learners (ELs), low-income students, and foster youth. As a component of LCFF, districts develop Local Control and Accountability Plans (LCAPs) to specify their goals and strategies for using LCFF funds for equity and continuous improvement purposes. The California Model Five by Five Grid Placement Report (Spring 2017 Dashboard) included the Five by Five Placement Grid, a key function of which is to identify the needs of diverse ELs. The Dashboard and the LCAPs are two policy mechanisms with great promise in combining school finance and accountability reform to promote equity and coherent state-wide. In this report, Lavadenz and colleagues review the EL policy context and examine the connection between the two contemporary policy mechanisms in California, namely the Year 4 LCAP and the California Department of Education’s Accountability Model (Spring 2017 Dashboard). The authors use a sample of 26 California school districts with high numbers/percentages of ELs and conclude that California’s current accountability system diminishes the urgency to respond to educational needs of the English Learner subgroup and undermines the equity intent of the LCFF. Few promising practices and assets-based approaches were identified in the LCAPs, and there is minimal mention of metrics focused on EL outcomes. The authors provide recommendations at state, county office of education and district levels.
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Bolton, Laura. Synthesis of Work by the Covid Collective. Institute of Development Studies, March 2022. http://dx.doi.org/10.19088/cc.2022.001.
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Overview: This report looked across Covid Collective outputs and grouped findings into three sections. Section 2) Pandemic response; Section 3) Increased marginalisation; and Section 4) Emergent outcomes. Section 4 describes outcomes, both positive and negative, which evolved and were more unpredictable in nature. Pandemic response: Findings on national response highlight shortfalls in national government actions in Bangladesh, Malawi, the Philippines, Yemen, and Syria. Emergency law responses have, in some cases, led states to exert powers with no legal basis. In transitioning economies, state militarisation is having negative effects on constitutionalism and peacebuilding. Lack of trust in state security institutions is identified as an issue in Yemen. Improved consultation between the community, government and security institutions is needed. From a micro perspective, lockdowns were found to hit households close to subsistence the hardest bringing restrictions in to question with regards to welfare choices. Regional responses had different features (outlined in section 2). It is suggested for future research to look at how regional responses have changed interactions between regional and global organisations. The Islamic Development Bank, for example, helped function as a redistribution pool to improve inequalities between country capacities in the Middle East. The Organisation of Islamic Cooperation (OIC) supported accurate information reporting. International response with regard to vaccination is falling short in terms of equality between developed and developing economies. World Bank response is questioned for being insufficient in quantity and inefficient in delivery.
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Arora, Sanjana, and Olena Koval. Norway Country Report. University of Stavanger, 2022. http://dx.doi.org/10.31265/usps.232.
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This report is part of a larger cross-country comparative project and constitutes an account and analysis of the measures comprising the Norwegian national response to the COVID-19 pandemic during the year of 2020. This time period is interesting in that mitigation efforts were predominantly of a non-medical nature. Mass vaccinations were in Norway conducted in early 2021. With one of the lowest mortality rates in Europe and relatively lower economic repercussions compared to its Nordic neighbours, the Norwegian case stands unique (OECD, 2021: Eurostat 2021; Statista, 2022). This report presents a summary of Norwegian response to the COVID-19 pandemic by taking into account its governance, political administration and societal context. In doing so, it highlights the key features of the Nordic governance model and the mitigation measures that attributed to its success, as well as some facets of Norway’s under-preparedness. Norway’s relative isolation in Northern Europe coupled with low population density gave it a geographical advantage in ensuring a slower spread of the virus. However, the spread of infection was also uneven, which meant that infection rates were concentrated more in some areas than in others. On the fiscal front, the affluence of Norway is linked to its petroleum industry and the related Norwegian Sovereign Wealth Fund. Both were affected by the pandemic, reflected through a reduction in the country’s annual GDP (SSB, 2022). The Nordic model of extensive welfare services, economic measures, a strong healthcare system with goals of equity and a high trust society, indeed ensured a strong shield against the impact of the COVID-19 pandemic. Yet, the consequences of the pandemic were uneven with unemployment especially high among those with low education and/or in low-income professions, as well as among immigrants (NOU, 2022:5). The social and psychological effects were also uneven, with children and elderly being left particularly vulnerable (Christensen, 2021). Further, the pandemic also at times led to unprecedented pressure on some intensive care units (OECD, 2021). Central to handling the COVID-19 pandemic in Norway were the three national executive authorities: the Ministry of Health and Care services, the National directorate of health and the Norwegian Institute of Public Health. With regard to political-administrative functions, the principle of subsidiarity (decentralisation) and responsibility meant that local governments had a high degree of autonomy in implementing infection control measures. Risk communication was thus also relatively decentralised, depending on the local outbreak situations. While decentralisation likely gave flexibility, ability to improvise in a crisis and utilise the municipalities’ knowledge of local contexts, it also brought forward challenges of coordination between the national and municipal level. Lack of training, infection control and protection equipment thereby prevailed in several municipalities. Although in effect for limited periods of time, the Corona Act, which allowed for fairly severe restrictions, received mixed responses in the public sphere. Critical perceptions towards the Corona Act were not seen as a surprise, considering that Norwegian society has traditionally relied on its ‘dugnadskultur’ – a culture of voluntary contributions in the spirit of solidarity. Government representatives at the frontline of communication were also open about the degree of uncertainty coupled with considerable potential for great societal damage. Overall, the mitigation policy in Norway was successful in keeping the overall infection rates and mortality low, albeit with a few societal and political-administrative challenges. The case of Norway is thus indeed exemplary with regard to its effective mitigation measures and strong government support to mitigate the impact of those measures. However, it also goes to show how a country with good crisis preparedness systems, governance and a comprehensive welfare system was also left somewhat underprepared by the devastating consequences of the pandemic.
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Armas, Elvira, Magaly Lavadenz, and Laurie Olsen. Falling Short on The Promise to English Learners: A Report on Year One LCAPs. Center for Equity for English Learners, 2015. http://dx.doi.org/10.15365/ceel.lcap2015.2.
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California’s Local Control Funding Formula was signed into law in California in 2013 and allowed districts the flexibility to meet their student needs in locally appropriate manners. One year after its implementation, a panel of 26 reviewers, including educators, English Learner (EL) advocates, and legal services staff reviewed the Local Control and Accountability Plans (LCAPs) to understand how districts employ this flexibility to address the needs of ELs. The report uses the English Learner Research-Aligned LCAP Rubrics with 10 focus areas, and reviews sample LCAPs from 29 districts, including districts with the highest numbers/percentages of English Learners in the state, districts representative of California’s geographic Regions, and districts providing quality EL services. The review centers around four questions of the extent to which first-year LCAPs: (1) specify goals and identify outcomes for ELs, (2) identify action steps and allocate funds for increased or improved services for all types of ELs, (3) reflect research-based practices for achieving language proficiency and academic achievement for English Learners in their actions, programs and services, and (4) are designed and implemented with EL parent input as reflected in stakeholder engagement. The results indicate that overall, the LCAP is inadequate as part of the state’s public accountability system in ensuring equity and access for ELs. Six key findings were: (1) difficulty in discerning funding allocations related to EL services and programs; (2) inability to identify districts’ plans for increased services for ELs; (3) lack of explicitly specified services and programs aligned to EL needs; (4) weak approach or missing English Language Development (ELD) or implementation of ELD standards in most LCAPs; (5) weak/inconsistent representation of EL parent engagement; and (6) lack of EL student outcome measures. The authors also present detailed findings for each focus topic and offer district and state level recommendations.
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Mayfield, Colin. Higher Education in the Water Sector: A Global Overview. United Nations University Institute for Water, Environment and Health, May 2019. http://dx.doi.org/10.53328/guxy9244.
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Higher education related to water is a critical component of capacity development necessary to support countries’ progress towards Sustainable Development Goals (SDGs) overall, and towards the SDG6 water and sanitation goal in particular. Although the precise number is unknown, there are at least 28,000 higher education institutions in the world. The actual number is likely higher and constantly changing. Water education programmes are very diverse and complex and can include components of engineering, biology, chemistry, physics, hydrology, hydrogeology, ecology, geography, earth sciences, public health, sociology, law, and political sciences, to mention a few areas. In addition, various levels of qualifications are offered, ranging from certificate, diploma, baccalaureate, to the master’s and doctorate (or equivalent) levels. The percentage of universities offering programmes in ‘water’ ranges from 40% in the USA and Europe to 1% in subSaharan Africa. There are no specific data sets available for the extent or quality of teaching ‘water’ in universities. Consequently, insights on this have to be drawn or inferred from data sources on overall research and teaching excellence such as Scopus, the Shanghai Academic Ranking of World Universities, the Times Higher Education, the Ranking Web of Universities, the Our World in Data website and the UN Statistics Division data. Using a combination of measures of research excellence in water resources and related topics, and overall rankings of university teaching excellence, universities with representation in both categories were identified. Very few universities are represented in both categories. Countries that have at least three universities in the list of the top 50 include USA, Australia, China, UK, Netherlands and Canada. There are universities that have excellent reputations for both teaching excellence and for excellent and diverse research activities in water-related topics. They are mainly in the USA, Europe, Australia and China. Other universities scored well on research in water resources but did not in teaching excellence. The approach proposed in this report has potential to guide the development of comprehensive programmes in water. No specific comparative data on the quality of teaching in water-related topics has been identified. This report further shows the variety of pathways which most water education programmes are associated with or built in – through science, technology and engineering post-secondary and professional education systems. The multitude of possible institutions and pathways to acquire a qualification in water means that a better ‘roadmap’ is needed to chart the programmes. A global database with details on programme curricula, qualifications offered, duration, prerequisites, cost, transfer opportunities and other programme parameters would be ideal for this purpose, showing country-level, regional and global search capabilities. Cooperation between institutions in preparing or presenting water programmes is currently rather limited. Regional consortia of institutions may facilitate cooperation. A similar process could be used for technical and vocational education and training, although a more local approach would be better since conditions, regulations and technologies vary between relatively small areas. Finally, this report examines various factors affecting the future availability of water professionals. This includes the availability of suitable education and training programmes, choices that students make to pursue different areas of study, employment prospects, increasing gender equity, costs of education, and students’ and graduates’ mobility, especially between developing and developed countries. This report aims to inform and open a conversation with educators and administrators in higher education especially those engaged in water education or preparing to enter that field. It will also benefit students intending to enter the water resources field, professionals seeking an overview of educational activities for continuing education on water and government officials and politicians responsible for educational activities