• Islam and anticolonial rebellions in north and west Africa, 1914-1918

      Krause, Jonathan (Cambridge University Press, 2021-05-31)
      European empires experienced widespread anticolonial rebellions during the First World War. These rebellions occurred for many different reasons, reflecting the diversity of context and history across colonial societies in Africa and Asia. Religion naturally played a strong role in most of the anticolonial rebellions during the First World War, most prominently Islam. This article looks at the role Islam played in two key anticolonial rebellions in North and West Africa: the rebellions in Batna, Algeria and the Kaocen War in Niger, respectively. The article examines how Islam was instrumentalized by rebels, imperial collaborators, and French officers and administrators to further their own ends. Rebels called upon Islam to help inspire anticolonial movements, to bind together diverse populations, and to contextualise their actions in wider socio-political conflicts. Imperial collaborators likewise called on religious authority to assist with European imperial recruitment efforts. French officers and administrators used Islam both as a justification and a target for collective punishment and repression after the rebellions were put down from 1917. This repression is still under-studied in a period usually portrayed as evidencing broad imperial harmony, rather than violent extraction and oppression.
    • From the playing fields of Rugby and Eton: the transnational origins of American rugby and the making of American football

      Burns, Adam (Human Kinetics Publishers Inc., 2021-03-31)
      Some studies date the origins of US intercollegiate football – and, by extension, the modern game of American football – back to a soccer-style game played between Princeton and Rutgers universities in 1869. This article joins with others to argue that such a narrative is misleading, and goes further to clarify the significance of two “international” fixtures in 1873 and 1874, which had a formative and lasting impact on football in the United States. These games, contested between alumni from England’s Eton College and students at Yale University, and between students at Canada’s McGill University and Harvard University, combined to revolutionize the American football code. Between 1875 and 1880, previous soccer-style versions of US intercollegiate football were replaced with an imported, if somewhat modified, version of rugby football. It was the “American rugby” that arose as a result of these transnational exchanges that is the true ancestor of the gridiron game of today.
    • A snapshot of company voluntary arrangements: success, failure and proposals for reform

      Walton, Peter; Umfreville, Christopher; Jacobs, Lezelle (Wiley, 2020-12-31)
      The Company Voluntary Arrangement (“CVA”), introduced by the Insolvency Act 1986, was born out of the Cork Committee, which in 1982 identified the need for a simple procedure where the will of the majority of creditors in agreeing to a debt arrangement could be made binding on an unwilling minority.1 Despite the availability of this flexible restructuring tool for over three decades, the frequency of CVAs is reasonably low when compared with alternative corporate Insolvency Act 1986 procedures and it has been commented that CVAs have a high failure rate.2 The CVA has risen to prominence recently with a number of highprofile cases drawing media attention and, at times, creditor criticism.3 It is in this context that the authors were commissioned by R3, the Association of Business Recovery Professionals, and the ICAEW, to consider the reasons for the ‘success’ or ‘failure’ of CVAs and investigate the outcomes where CVAs fail. The aim of the project was to identify key characteristics which will allow practical guidance to be provided to insolvency practitioners (“IPs”) and also inform policy recommendations to Government. This led to the publication in May 2018 of Company Voluntary Arrangements: Evaluating Success and Failure (“the Report”).4 This paper represents a summary of the key findings of the Report.
    • Determinants of environmental sustainable behaviour amongst logging companies in Cameroon

      MBZIBAIN, AURELIAN (Academic Star Publishing Company, 2020-12-31)
      This paper presents the findings of an indepth qualitative study of the most important forest logging companies and syndicates to explore the factors which influence forest exploitation and related businesses in the Congo Basin of Africa to act or not in environmentally sustainable ways. More specifically, the study explored the motivations, the benefits and the factors which facilitate or constrain sustainable behaviour amongst forest exploitation companies in Cameroon. Data analysis was undertaken using a holistic model consisting of institutional, economic and resource based factors. Economic motivations were the most cited factors driven by increased awareness and demands from clients. Interestingly, the most cited benefit from adopting environmentally sustainable behaviour related to gains in internal organisation, transparency and productivity within the company. The regulatory institutional environment was the most cited constraint because of illegality, weak law enforcement and corruption in the country’s forest sector followed by high costs of investment and unclear financial premiums from environmentally sourced timber. The policy implications are discussed.
    • Mediation and arbitration of music disputes: an alternative forum for transnational disputes

      Potocnik, Metka; Harrison, Ann; Tony, Rigg (Bloomsbury Publishing, 2020-12-31)
    • 'I'm not going to tell you cos you need to think about this': A conversation analysis study of managing advice resistance and supporting autonomy in undergraduate supervision

      West, Marion (Springer, 2020-12-31)
      This article firstly, critically analyses a face-to-face supervision meeting between an undergraduate and a supervisor, exploring how the supervisor handles the twin strategies of fostering autonomy while managing resistance to advice. Conversation Analysis is used as both a theory and a method, with a focus on the use of accounts to support or resist advice. The main contribution is the demonstration of how both the supervisor and student are jointly responsible for the negotiation of advice, which is recycled and calibrated in response to the student’s resistance. The supervisor defuses complaints by normalising them, and moving his student on to practical solutions, often with humour. He lists his student’s achievements as the foundation on which she can assert agency and build the actions he recommends. Supervisor-student relationships are investigated through the lens of the affective dimensions of learning, to explore how caring or empathy may serve to reduce resistance and make advice more palatable. By juxtaposing physically present supervision with digitally-mediated encounters, while acknowledging their mutual entanglement, the postdigital debate is furthered. In the context of Covid-19, and rapid decisions by universities to bring in digital platforms to capture student-teacher interactions, the analysis presented is in itself an act of resistance against the technical control systems of the academy and algorithmic capitalism.
    • “Who is Mr. Karlheinz Stockhausen? Introduce Me”: Responses to Krautrock/Kosmische in 1970s Britain

      Glen, Patrick (Taylor & Francis, 2020-12-31)
      During the 1970s, British music fans came to know several West German avant-garde rock or ‘Krautrock’ bands through the music press, radio, television, tours and record releases. This occurred as Britain’s relationship with Europe and West Germany shifted through membership of the Common Market from 1973 and as Cold War allies. This article explores how musical encounters and the broader historical and socio-political context affected British representations of Germany and Germans. It argues that in spite of a changing historical context and space for meaningful, nuanced representations, the myths and memory of the Second World War and general clichés about Germans remained highly resilient. Representations of Germans and Germany in popular music culture, authored by the post-War generation, suggest the importance of Germany as a counterpoint to understandings British national identity and characteristics, and the ways in which ideas of British cultural superiority circulated in popular culture.
    • Black Britain in the weekly music press during the late-1960s and 1970s

      Glen, Patrick (Taylor & Francis, 2020-12-31)
      Music is a means of communicating and sharing. Sounds and lyrics, even the most abstract or oblique, can document memories, impressions of the present and articulate desires for the future that listeners unpack and reinterpret imposing their own contexts, experiences and prior understandings. Recorded music provided a memory technology that allowed these ideas, sounds and cultures to be articulated, transmitted and interpreted more quickly and further than oral cultures previously allowed. A culture industry and mass media (newspapers, magazines, books television and radio) gave certain—profoundly shaped by capitalism, creating and perpetuating structures of power in society—recorded songs and musics the chance to be shared across and between countries and continents. Within the colonial and post-colonial context Britain after 1945, music made and performed by people who had arrived in Britain from colonies, created in dialogue with those who remained, and the reaction to it by their ‘hosts’, provided an impression of both new arrivals and British society. As Jon Stratton argues regarding Caribbean migration to Britain, ‘[music] offered sites for memory and identity, a refuge from the present and a source of opposition and to and commentary on the migrants’ circumstances. In the new situation cultural exchange with the dominant culture was inevitable.’
    • Jim Phillips, Scottish coal miners in the twentieth century

      Gildart, Keith (Edinburgh University Press, 2020-12-31)
    • D Giannoulopoulos, Improperly Obtained Evidence in Anglo-American and Continental Law

      Glover, Richard (Sweet & Maxwell Ltd, 2020-12-01)
      This book provides a comparative analysis of the exclusion of improperly obtained evidence across a number of legal systems, criss-crossing jurisdictional boundaries in a lively and engaging manner. Giannoulopoulos’s objective is stated clearly from the outset. In the Preface, he invites courts and legislatures within the Anglo-American and Continental legal systems to review, in the light of his comparative analysis and normative conclusions, their national solutions to problems associated with the exclusion of improperly obtained evidence. Importantly, they are further encouraged to ensure that rights considerations are given due weight. The obvious vehicle for the proposed “reinvigoration of the rights thesis” in Europe is the European Court of Human Rights and an important part of the book is concerned with assessing the court’s role in building a rights-based consensus.
    • Aligning to disadvantage: how corporate political activity and strategic homophily create path dependence in the firm

      Perchard, Andrew; MacKenzie, Niall (SAGE, 2020-12-01)
      To what extent should firms get close to government for competitive advantage? What happens if they get too close? In this article we explore how corporate political activity (CPA) inculcated strategic homophily in leading UK aluminium producer, the British Aluminium Company Ltd (BACo), resulting in its path dependence and eventual lock-in. The paper makes three main contributions: a longitudinal study of CPA and strategic homophily revealing their organizational manifestations and detailed understanding of certain mechanisms of path dependence; articulating the value of historical methods and perspectives to exploring organizational path dependence; and exploring the impact that prolonged business-government relations can have on the organizational behaviour and strategic outlook of the firm with implications for TMT selection and environmental scanning. In so doing it responds to calls for firms to align market positions with political activity, as well as those for the recognition of the value of business history in better understanding the links between CPA and firm performance. It further elucidates the longer-term consequences of strategic homophily, which has to date focused on the early stages of venture formation.
    • The determinants of services FDI location in the UK regions

      Cook, Mark; Fallon, Grahame (Inderscience, 2020-12-01)
      This paper contributes to scholarly knowledge and understanding of the way in which economic conditions and government policy affect foreign direct investment (FDI) location in the United Kingdom (UK) regions. It does so by exploring their impact on inbound services FDI location in a sample of the UKs core (the Southeast) and non-core (West Midlands; Wales; Scotland and the Northwest) regions. Use is made of multiple regression techniques to analyse a set of official, longitudinal data gathered for the period from 1980 to 2015 as a means to this end. The findings offer new insights into the relative influence of the search for markets, efficiencies and strategic assets and government policy over the location of services FDI in all five regions. The resultant implications for future inward investment policy development after the UK leaves the EU are also considered, including the potential benefits of increasing policy variations from region to region.
    • Alternative use of farmlands as tourism and leisure resources: diversification, innovations and competitiveness

      Oriade, Ade; Broad, Roy; Gelder, Steve (Inderscience, 2020-12-01)
      Even though farm-based tourism has been around for some time, the contemporary development in farm business in the United Kingdom is intriguing and histrionic. Based on the contemporary situation, this study explores issues relating to diversification, innovation and competitiveness in farm attraction context. The study employed case study strategy and adopted qualitative research approach by conducting interviews in three farm attractions in Shropshire, West Midlands, United Kingdom; utilising a template approach to data analysis by identifying key themes a priori. Findings support the conception that different farm organisations have different needs that require different level of innovativeness. Three element of innovation distinctively emerged namely: organisational, product and marketing innovations. Based on the findings practical implications were identified.
    • Digital banking and customer satisfaction: the Nigerian perspective

      Jones, Mordi; Oriade, Ade; Wang, Yong; Atiase, Victor; Thaichon, P; Ratten, V (Routledge, 2020-10-30)
      The emergence of Internet-Based Technology (I-BT) into the Nigerian banking industry over the past decade has diversified and revolutionised the sector by offering consumers various choices of accessing banking services. Drawing on three main theories namely the Expectancy Disconfirmation (ED), the Affect and Kahn’s Engagement Theory, we examine the impact of I-BT on customer satisfaction (CS) in the Nigerian Banking Sector. Employing a quantitative research methodology, data for our empirical inquiry come from a survey of 426 bank customers in Edo State, Nigeria. Following both bank users and banks in search of effective ways to maximising customer satisfaction, we show in this study why I-BT is likely to have a positive impact on bank customer service delivery in Nigeria. First, our data evidence suggests that all the latent variables of customer-focused engagement behaviour (CFEBEH), positive and consistently helpful behaviour (PCHB), attachment to the task itself (ATI) and working smart (WS) correlate positively with CS and explain 39% of the variance in I-BT. Second, CFEBEH has a direct effect on CS at a 40% level. Finally, concerning the mediating role of I-BT resources in the bank, the results indicate that there is an indirect and positive effect on CFEBEH and CS at a 6.7% mediation level. Nevertheless, Nigerian banks are beset with various infrastructural difficulties in implementing full digital banking services. We conclude by delineating some relevant implications of our study to the theory and practice of CS and the engagement of I-BT in banking operations.
    • The good character backstop: directions, defeasibility and frameworks of fairness

      Glover, Richard (Cambridge University Press, 2020-09-04)
      This paper examines the law on good character evidence in criminal trials through a discussion of the important but under-analysed case of Hunter, in which a five-judge Court of Appeal sought to clarify the law on good character directions to the jury. However, it is argued here that the judgment conflicts with the leading House of Lords decision in Aziz. The paper considers how the court misinterpreted the law and, in particular, the defeasible nature of the rule in Aziz and the impact of the Criminal Justice Act 2003. As a result, the circumstances in which a good character direction will be provided have diminished significantly. It is argued that this has important implications for the right to a fair trial, as good character directions act as a ‘backstop’ against miscarriages of justice. They also form a vital part of the ‘framework of fairness’ considered necessary, in lieu of reasoned jury verdicts, by the Grand Chamber of the European Court of Human Rights in Taxquet v Belgium. Accordingly, it is contended that Aziz rather than Hunter should be followed so that, where there is evidence of good character, a direction is normally provided as a matter of law.
    • Keeping the faith: A history of northern soul

      Gildart, Keith; Catterall, Stephen (Manchester University Press, 2020-08-13)
      In the 1970s, Northern Soul held a pivotal position in British youth culture. It originated in the English north west and midlands in the late-1960s, and by 1976, it was attracting thousands of enthusiasts across the country. They flocked to hundreds of venues where ‘rare soul’ records, by predominantly black performers recorded mostly between 1964-68, were spun by ‘disc jockeys’ (DJs) who became legends of the scene. For much of the 1970s Northern Soul was largely ignored by the national music press and found little space in the wider media. The lack of awareness and marginalisation of Northern Soul in the lexicon of youth culture and popular music was linked to three inter-related factors. First, the scene predominated outside of London and was most prominent at the margins of cities and towns of the midlands (Wolverhampton, Stoke-On-Trent) and the north west (Wigan, Blackpool). Secondly, it was a retrospective scene that was steeped in nostalgia, locality and an identity that could not easily be absorbed by other music scenes and related youth subcultures. Thirdly, Northern Soul was largely a working class scene, which did not produce influential intellectuals and commentators that would proselytise on its behalf in newspapers, magazines and television shows. In popular characterisations of post-war youth culture and popular music there is an orthodox chronology that stretches from Teddy Boys/Rock ‘n’ Roll in the 1950s, the Mods and Rockers and the counter-culture/hippy scene of the 1960s and on to punk rock in the 1970s. Yet in 1976/77 the ground zero for punk rock, Northern Soul was arguably far bigger in terms of the number of specialist venues, participants, and organisations that gave the scene a distinct identity
    • Rights, responsibilities and religion in a mid-Victorian convict prison

      Cox, David J (University of Wolverhampton, 2020-08-11)
      This article investigates the rights and responsibilities of both a prison governor and a prison chaplain in a Victorian Convict Prison. Major Hickey and Reverend Francis served respectively as Governor and Chaplain of HMP Dartmoor in the early 1870s and developed a mutual feeling of irreconcilable resentment following a clash of personalities and ideas regarding the management and punishment of male convicts in one of the most notorious of all Victorian English convict prisons. It details the causes and repercussions of the ensuing argument that led to Reverend Francis resigning his post and complaining directly to the Director of Convict Prisons about both his treatment and that of the convicts under his spiritual care. The paper relates this personal argument to the wider philosophical debates over late-Victorian penal policies that were becoming known to a larger audience thanks to both the publication of numerous prison enquiry reports and the published autobiographies of a number of erudite and well-educated middle-class convicts which proliferated during the period in question.
    • We bid you be of hope (again) – A case of sexual consent

      Hyett, Luci (University of Wolverhampton, 2020-08-10)
      The age of consent is a polarised concept which has caused a dissonance between the law and society for the past one hundred fifty years. s9 Sexual Offences Act 2003 epitomises the discord when it creates an offence of Sexual Activity with a Child which envisages that a girl under the age of 16 (and even those under 13) can consent to penetrative sexual acts with an adult. This article contends that whilst it is meritorious of Parliament to create an offence of strict liability which renders liable, any person having sexual intercourse with a girl under 16, the symbolic value of the broad offence label does little to communicate the full extent of the guilty conduct of the perpetrator (where penetration is involved). It argues that the label in fact perpetuates attitudes toward girls under 16: that they are self-determinate, sexually autonomous miscreants sent to inveigle ordinary men with their youthful and phlegmatic erotism. It contends that girls between 13 and 16 are learning to become autonomous adults and the fragility of their vulnerability throughout this process is something which Parliament has a duty to protect. It suggests that the law should thus, deem those under the age of 16 as lacking the legal capacity to consent to sexual intercourse which would give rise to a rebuttable presumption of non-consent under the auspices of the Rape offence.
    • Insolvency litigation funding – What should an insolvency practitioner do?

      Walton, Peter (University of Wolverhampton, 2020-08-06)
      Insolvency litigation is unlike other types of litigation. Although proceeds of successful actions are received on behalf of creditors creating a private benefit, there is also a public benefit to ensuring culpable individuals are held to account for their conduct. A significant problem often faced by insolvency practitioners, who have the power to take action on behalf of creditors, is how to fund such actions. Many insolvent estates are so impecunious that there is no funding available to support litigation. The Jackson reforms were applied to insolvency litigation in 2016. Prior to that, a insolvency practitioner would invariably employ a legal team on the basis of conditional fee agreements (“CFAs”) where, if successful, the lawyers would receive their base costs plus an uplift which was commonly 100% of the base costs. Insolvency practitioners would ensure they had potential adverse costs covered (in the event the action was lost) by after-the-event insurance (“ATE”) where the insurance premium was fully deferred and not payable if the case was lost. Prior to 2016, if insolvency litigation was successful, a losing defendant would be ordered to pay damages, base legal costs, the CFA percentage uplift on those costs and the ATE insurance premium. All that changed with the Jackson reforms. From 2016 onwards, uplifts and premiums are no longer separately recoverable but must now be paid out of any damages awarded. The result is that fewer cases are brought using CFAs and ATE than before, and less money finds its way to the creditors. In 2015, insolvency office-holder actions were made assignable to third party funders. Up until then, third party funders accounted for only a very small part of the insolvency litigation market. This was largely due to the fact that they would require a profit from any funding they provided and financially, the pre-Jackson CFA/ATE model was usually far more attractive to insolvency practitioners. The Jackson reforms have levelled this playing field. Insolvency practitioners are fiduciaries. They must act in what they believe to be the best interests of the creditors. Prior to the ability to assign office-holder actions and the Jackson reforms, in the vast majority of cases, insolvency practitioners did not have to think too carefully about how best to fund insolvency. The CFA/ATE model was dominant. That has changed in recent years. This article considers in detail the options available to insolvency practitioners and considers the factors they need to take into account in making a decision as how best to enforce legal rights on behalf of creditors. It considers recent case law and the possible pitfalls which await an unwary practitioner. It concludes with a suggested checklist which might be used each time insolvency litigation which requires some form of financial support is contemplated.