Journal articles on the topic 'Legal aid schemes Ghana'

This paper explores the reasons for proscribed sanctions and their effects on contemporary Ghana. I contend that the sacred office of the Ghanaian chief, which is legitimated by spiritual and legal norms, plays an ambivalent role in Ghana’s legal and political modernization. Using banishment as a case study, the paper pays attentions to how the continued use of proscribed sanctions, among other chiefly actions, raises an ambivalent challenge to Ghana’s laws, its sovereignty, and its commitment to human rights. I propose actions that may aid the state in overcoming these challenges and successfully integrating modern norms with ancient traditional values.

The process of Europeanisation in the legal field results in various conflicts between the Member States and European authorities. Cases concerning State aid are an example of such a conflict, where on one hand Member States want to preserve control over various supporting schemes and on the other the European Commission and the Court of Justice of the European Union through a set of judgements and decisions increase their supervisory power over the supporting schemes. The European jurisprudence tend to stretch the scope of State aid by expanding the definition of State resources, which is one of its prerequisites. Applying of such a broad definition of State resources to Polish green certificates scheme and the auction scheme shows negative results of this approach that not only decreases the efficiency of the Renewable Energy Sources supporting schemes but that has a negative reflection on the whole State aid system.

Renewable energy (RE) development enhances electrification, mitigates climate change and aids energy efficiency. Kenya, South Africa and Ghana, among other states within sub-Saharan Africa, have established legal regimes to integrate renewable energy into their energy mix. Through defined legal strategies for RE deployment, these states have committed to the promotion, development and utilization of RE. Despite the momentum towards renewable energy development across the region, Nigeria’s efforts fall short of establishing effective legal strategies. As Africa’s most populous nation it must do more to make RE part of its energy mix in order to impact electrification rates, mitigate climate change and aid socio-economic conditions. This article appraises the legal strategies for RE development in Kenya, South Africa and Ghana. Against this appraisal, it critically evaluates Nigeria’s legal strategies to promote and develop RE. It recommends legal reforms that are necessary to better integrate RE into Nigeria’s energy mix. The methodological approach of this article is doctrinal and library-based. It includes primary and secondary sources. Primary sources include laws, statutes, legal documents, conventions and statistics. Secondary sources include journal articles, internet sources and newspaper articles. All sources are subject to content analysis. It is expected that the article will be useful to policy and lawmakers across various tiers of government in Nigeria.Keywords: Renewable Energy Development, Electrification, Energy Efficiency, National Strategies.

Guidelines are set out to aid those wishing to establish psychiatric liaison services to magistrates' courts, as recommended by the Home Office. The account is based upon 20 months' experience of running such a scheme at Clerkenwell magistrates' court in inner London. The practical problems in initiating such a service are explored together with difficulties likely to be encountered in its running. These include questions of personnel, interviewing facilities, relations with other disciplines, legal issues concerning the Mental Health Act and problems encountered in negotiating with catchment area services. Suggestions are given as to how difficulties may be overcome. The future of liaison schemes to magistrates' courts is discussed.

The main subject of the paper is the issue of granting state aid discussed from the point of view of the most important changes in the European Union competition policy as a result of the global financial crisis. The author makes a review of state aid related to the financial crisis in the European Community. The article includes a detailed description of reasons for the economic interventions which has been designed and taken by the Member States in the form of various schemes, plans and objectives. The directions of the main changes in the structure of state aid granted to the financial institutions in absolute and relative terms are shown. It was essential to notice the significant European Commission’s role ensuring that large support schemes for the financial sector will be implemented in compliance with the state aid rules and do not create undue distortions of competition. The paper contains numerous legal materials, including primary and secondary legislation, as well as European case law. The author also relied on the literature and articles on the notified state aid connected with the financial services sector and banking crisis.

Uncertainties about the amount of resources needed to combat climate change, dwindling local resources, limited local autonomy and limited expertise constrain local governments (LGs) in their response to the effects of climate change. As a result, financing climate change remains a major nightmare for LG actors across diverse nested territorial containers. It certainly requires the embracing of a multifaceted approach – the use of system thinking where local governments’ resource husbandry is optimised to support external aid and central government transfer. A multifaceted approach brings onboard blended resources, diverse stakeholders, diverse resource mobilisation skills and schemes, and accountability measures. Also, given projected increases in future climate-induced public expenditure, albeit with uncertainties, reliance on a single resource mobilisation approach will be a recipe for inefficiency. This article argues that developmental aid and central government’s transfer remains inadequate to meet the increasing demand for adaptation cost at the local level in Ghana. In the face of the unequivocal impact of climate change risk, we contend that local resource husbandry must be optimised through different innovations to complement other major sources of financing. Our contention resonates with the school of thought that argues local level resources are more resilient to politicisation, are stable, and are predictable compared to international aid and central government transfer. Through qualitative in-depth interviews, empirical data has been drawn from local governments in Ghana to justify our claims.

This article seeks to weave together the limited information available on the legal professions of the Canadian provinces. Following the same general format as the other comparative studies in this series, it also offers several critical observations of special interest to readers in the United States, whose experience the Canadian bar so closely tracks. The phenomenon of stratification—familiar to American observers—is clearly visible in the Canadian legal profession. Combined with other centrifugal forces, it threatens the unity of a profession which, until recently, has managed to preserve a high degree of cohesion in training, ideology, and institutional structures. On the other hand, in certain respects, the Canadian experience seems to differ from that of the United States, especially in the strength and peculiar structure of publicly funded legal aid schemes, in the profession's continuing formal autonomy and relative immunity from public regulation, and in its long-lasting attachment to apprenticeship as a necessary stage in professional formation. These and other convergences and divergences between the two countries raise questions of general significance: To what extent do the similarities between Canada and the United States verify the assumption implicit in the theoretical literature (principally Abel, Freidson, and Larson) that there is an empirical referent for something called legal professionalism? And to what extent do the differences suggest that containing societies contribute distinctive characteristics to their legal professions, whose qualities are therefore highly contingent?

The collection of municipal solid waste accounts for 60% to 80% of total management cost. This study determined the factors driving operating cost and developed cost functions for municipal solid waste collection systems in Ghana. Data on cost variables from seventy systems were used to estimate the parameters of log-linear cost functions. Results from the study led to the conclusion that quantity of waste collected, fuel consumed and distance travelled increase significantly and explain about 63.0% of the variation in operating cost. The amount of fuel consumed and quantity of waste collected varied significantly and explained about 67.4% of the variation in operating cost of systems from low waste generating sources. For high waste generating sources, the distance travelled, fuel consumed and quantity of waste collected significantly and better explained (85.4%) the variation in operating cost. This can be attributed to the fact that such systems are from places with better facilities. The cost function for high waste generating sources can comparatively better aid decision making in terms of operations, management, investment and policy actions. Cost-effective solid waste collection schemes should therefore consider efficient management of fuel consumed, quantity of waste generated and distance travelled.

European Union competition law, intended to thwart subsidies paid out by national governments, plays an important role in shaping EU Member States’ support schemes for renewable energy. The Environmental and Energy State Aid Guidelines 2014–2020, which formalize the European Commission’s take on subsidies in the electricity sector, prescribe technology-neutral auctions as the standard mechanism to determine support levels. In this study, we have assessed the formal decisions of the Commission with respect to technology-neutrality between July 2014 and May 2018. It turns out that 16 out of 18 schemes are not technology-neutral and figure high degrees of technology-differentiation. We have also studied the exemption clauses invoked to justify technology-discrimination, finding that the most ambiguous clause is used most frequently, and that the application and level of scrutiny varies strongly from case to case. The State Aid Guidelines are meant to increase transparency and legal certainty. We find that with respect to technology-neutral auctions for renewable energy, the Guidelines fail to deliver on their purpose.

Abstract Regulation of state aids form an integral part of the EU law from its very origin. Various special rules on provision of state aids were created as secondary law rules by the EU Council and EU Commission. They distinguish between horizontal and sectoral state aid. Horizontal aid concerns schemes potentially benefiting all undertakings regardless of their industry. Sectoral aid is targeted at specific industries or sectors. The paper deals with the legal framework of state aid rules in the agriculture sector. As first, it discusses the extent to which the State aid rules have been generally applied in the agriculture sector by the EU Council under Article 36 of the Treaty, together with the extent to which they have been specifically applied under the regulations which govern both the .common organizations of the market and rural development. Following chapter analyses the agriculture de minimis Regulation, which sets out circumstances in which agricultural aid is sufficiently small that Article 107/1 TFEU will be not applied. Thereafter the paper focuses on the provisions of the Agriculture Block Exemption Regulation and, finally, on agricultural aid that falls to be notified to the Commission as being authorized under the Agriculture Guidelines.

Mathematical models can aid in elucidating the spread of infectious disease dynamics within a given population over time. In an attempt to model tuberculosis (TB) dynamics among high-burden districts in the Ashanti Region of Ghana, the SEIR epidemic model with demography was employed within both deterministic and stochastic settings for comparison purposes. The deterministic model showed success in modelling TB infection in the region to the transmission dynamics of the stochastic SEIR model over time. It predicted tuberculosis dying out in ten of twelve high-burden districts in the Ashanti Region, but an outbreak in Obuasi municipal and Amansie West district. The effect of introducing treatment at the incubation stage of TB transmission was also investigated, and it was discovered that treatment introduced at the exposed stage decreased the spread of TB. Branching process approximation was used to derive explicit forms of relevant epidemiological quantities of the deterministic SEIR model for stability analysis of equilibrium points. Numerical simulations were performed to validate the overall infection rate, basic reproductive number, herd immunity threshold, and Malthusian parameter based on bootstrapping, jackknife, and Latin Hypercube sampling schemes. It was recommended that the Ghana Health Service should find a good mechanism to detect TB in the early stages of infection in the region. Public health attention must also be given to districts with a potentially higher risk of experiencing endemic TB even though the estimates of the overall epidemic thresholds from our SEIR model suggested that the Ashanti Region as a whole had herd immunity against TB infection.

Abstract Agricultural exporters tend to enter into contracts containing quality or standard clauses. These provisions may refer to either international public standards or standards set by private bodies. The second are usually more dynamic and thereby may respond to the consumers’ demand more quickly. However, high participation costs may exclude a large share of producers from private standards schemes. The state may pick certain socially desirable private standards and evolve them to the public regulation, as it was the case of the rules on organic farming in the EU. The government may introduce aid to encourage all interested actors to participate in the scheme, although the policy space left for the government to do so is limited by the WTO disciplines for domestic support.

The Deposit Guarantee Directive enlarges the role of DGSs in supporting and financing with alternative interventions the early research of “market solutions”, that may avoid the failure of a bank. Despite the broad mandate formally set out in the Directive, the feasibility of the failure prevention measures by a DGS is restricted according to the current legal framework. More specifically, constraints to the use of alternative interventions could derive both from State aid rules and the super priority rule coupled with the least cost criterion. As regards the first point, the European Commission ruled that the Italian DGS’s alternative measures in favour of a bank named ‘Tercas’ constituted an illegal State aid, claiming that intervention was attributable to the Italian government and that the resources employed were subject to public control. With reference to the second point, according to the BRRD, within the creditor insolvency hierarchy, depositors are preferred to any of the bank’s other unsecured creditors. As the DGS, after the payout, is subrogated to the preferred claims of covered depositors, it will have a big recovery rate in the bank liquidation. This effect might hamper the DGS’s ability to undertake alternative interventions, since under the least cost criterion these could be more expensive than a depositor payout. Given the importance of the role of DGSs in preventing and minimizing the overall cost of a banking crisis, this paper aims at analysing the two issues above, in order firstly to suggest a governance model which allows a national DGS to intervene in a banking crisis without breaking State aid rules. Secondly, regarding the least cost principle, the paper suggests the adoption of some criteria, extrapolated by the DGSD, which may allow DGSs to overcome the problems arising from the combination of the above criterion with the super priority rule.

Should taxpayers of wealthy countries finance a leveraged buyout of third world debt? The case for establishing an international debt discount facility rests on the belief that the overhang of foreign commercial bank debt is stifling growth in the Highly Indebted Countries, and that coordination problems among private sector banks are blocking efficiency-enhancing debt reduction schemes. Thus there is scope for a multilateral government agency to step in, buy up the debts, and pass on the efficiency gains to struggling debtors. Our contention is that a debt discount facility would in fact be a black hole for aid funds, and would yield only minimal efficiency benefits. Our assessment of the debt crisis suggests a very different approach. Development aid should be divorced from debt negotiations and instead should be tied to countries' performance in areas such as environmental policy, drug interdiction, and population control. Future aid allocations should not be disguised as loan guarantees, and the massive bond obligations of existing multilateral lenders ought to be placed on the books. Finally, we recommend reversing a number of legal and regulatory changes made in the 1970s that served to encourage the loans in the first place.

In the promotion of global peace and security, police cooperation is considered one of the major pillars. This exploratory qualitative study focuses on the possibilities and challenges that should be overcome in the quest to practicalize the implementation of security policies and other legal instruments relating to police cooperation and collaboration in Africa. Twenty-five top police officers and other security experts in Ghana were selected as participants using snowball approach. The participants were interviewed for their views on international police cooperation focusing on cooperation among the various police forces in Africa. The outcome of the study revealed that the major challenges include financial constraints, language barriers, political interference, and problems associated with information technology systems. Recommendations made to overcome most of the challenges include strengthening the African Union Police (AFRIPOL), intelligence sharing with the aid of advanced information technology, and promoting research on police effectiveness on the African continent.

IntroductionData regarding underpinning and implications of ethical challenges faced by humanitarian workers and their organisations in humanitarian operations are limited.MethodsWe conducted comprehensive, semistructured interviews with 44 experienced humanitarian aid workers, from the field to headquarters, to evaluate and describe ethical conditions in humanitarian situations.Results61% were female; average age was 41.8 years; 500 collective years of humanitarian experience (11.8 average) working with diverse major international non-governmental organisations. Important themes included; allocation schemes and integrity of the humanitarian industry, including resource allocation and fair access to and use of services; staff or organisational competencies and aid quality; humanitarian process and unintended consequences; corruption, diversion, complicity and competing interests, and intentions versus outcomes; professionalism and interpersonal and institutional responses; and exposure to extreme inequities and emotional and moral distress. Related concepts included broader industry context and allocations; decision-making, values, roles and sustainability; resource misuse at programme, government and international agency levels; aid effectiveness and utility versus futility, and negative consequences. Multiple contributing, confounding and contradictory factors were identified, including context complexity and multiple decision-making levels; limited input from beneficiaries of aid; different or competing social constructs, values or sociocultural differences; and shortcomings, impracticality, or competing philosophical theories or ethical frameworks.ConclusionsEthical situations are overarching and often present themselves outside the exclusive scope of moral reasoning, philosophical views, professional codes, ethical or legal frameworks, humanitarian principles or social constructivism. This study helped identify a common instinct to uphold fairness and justice as an underlying drive to maintain humanity through proximity, solidarity, transparency and accountability.

Access to justice for all in South Africa, as most clearly set out in sections 34 and 35 of the Constitution of the Republic of South Africa, 1996, is necessary to realise various other fundamental rights and to improve living standards. There are insufficient free legal services available to the indigent in South Africa, especially in civil matters, thereby often making meaningful access to justice unattainable. This study considers possible approaches, challenges and opportunities for law graduate community service in South Africa (hereinafter "community service") to expand the ambit and impact of free legal services to the indigent. This would promote the constitutional imperative of access to justice, focussing on civil matters. This study concentrates on the access to justice potential of and challenges to such community service. Such challenges will be shown to include its proper utilisation and control through the adequate supervision of graduates. This paper argues that graduate community service has the capacity to promote better access to justice and hence that steps should be taken for its introduction in some form. Community service and means for law graduates to perform this as a necessary part of vocational training before entering the legal profession are provided for in section 29 of the Legal Practice Act 28 of 2014 (LPA). But despite parts of the Act being operative, community service is neither in operation nor do regulations yet exist for its implementation. The specific vocational training element(s) for law graduates is worthy of separate study and is not the focus of this paper. Such a separate study would include opportunity creation - such as gaining the necessary practical experience and the establishment of employment opportunities - and training challenges for graduates during community service. In the pre-LPA era it would have been necessary to focus more on whether community service for law graduates should be included in legislation or not as part of graduates' vocational training and as a key component of free legal service delivery. Some such arguments are alluded to as community service has yet to be implemented and its implementation is not a fait accompli. But because it is now included in the LPA as a legal aid service delivery possibility, this study instead focusses on the need for the effective and appropriate implementation and operation of community service to turn the requirements and encouraging promise of the LPA on community service into reality. The paper explores issues such as the necessary and appropriate supervision and placement of law graduates completing community service. The research very briefly touches on whether community service would best be compulsory for graduates as part of their vocational training or merely one possible route towards admission to the legal profession. Lessons are sought for legal community service in South Africa from existing medical post-study community service schemes as to the role which such schemes have played in expanded service provision and impediments experienced in reaching such goals. These lessons are applied to proposals for the implementation and operation of law graduate community service. This study considers how community service could and should be a key component of a multi-faceted and co-ordinated approach to expand and improve free legal services for the indigent in civil matters in South Africa with its gross inequality, unemployment and poverty. For this goal to be realised, there must be mechanisms for its effective roll-out and operation.

Setiap orang adalah sama didepan hukum tak terkecuali penyandang disabilitas. Penelitian berjudul ―Model Pendampingan Hukum Bagi Difabel (Orang Yang Berkebutuhan Khusus) Yang Berhadapan Dengan Hukum Di Kota Medan dan Binjai didukung oleh DIKTI dalam Skim Penelitian Hibah bersaing. Peneliti berharap diakhir penelitian akan diperoleh informasi; Pertama, situasi penyandang Disabilitas mengakses layanan hukum yang tersedia di masyarakat. Kedua, persfektif Organisasi atau Lembaga penyedia layanan bantuan hukum bagi Penyandang Disabilitas. Untuk memperoleh tujuan yang diharapkan penelitian dilakukan menggunakan metode normatif empiris. Peneliti melakukan pengumpulan peraturan hukum dan menganalisanya dilanjutkan dengan pengumpulan data lapangan melalui Wawancara mendalam dengan beberapa informan di Kota Medan dan Binjai. Beberapa temuan awal penelitian memperlihatkan bahwa Kota Medan dan Binjai memiliki kasus pidana yang melibatkan penyandang disabilitas baik sebagai Pelaku, Korban dan Saksi. Tindak Pidana yang melibatkan penyadang disabilitas ini adalah Kekerasan seksual meliputi pelecehan seksual, perkosaan dan incest. Temuan lain penelitian adalah adanya kendala bagi Aparat Penegak Hukum dalam penanganan kasus yang melibatkan Penyandang Disabilitas ini. Penelitian ini menyimpulkan bahwa dalam penanganan kasus hukum yang melibatkan penyandang disabilitas memiliki tantangan khusus terkait keterbatasan penyandan disabilitas. Tantangan tidak hanya dihadapi oleh penyandang disabilitas dan keluarga tetapi juga Aparat Penegak Hukum (APH). Everyone is equal before the law, including people with disabilities. The study entitled ―The Legal Assistance Model For Disabled (People Who Have Special Needs) Dealing with Law in Medan and Binjai Cities was supported by DIKTI in Competitive Research Schemes. The researcher expected that information would be obtained at the end of the study; First, the situation of persons with disabilities accessing legal services available in the community. Second, the perspective of Legal Aid Services organizations or institutions for persons with disabilities. To obtain the expected goals, the study was conducted using empirical normative methods. The researcher collected and analyzed legal regulations, followed by data collection through in-depth interviews with several informants in the cities of Medan and Binjai. Some preliminary findings of the study showed that Medan and Binjai had criminal cases involving persons with disabilities as Actors, Victims, and Witnesses. The criminal offenses involving persons with disabilities were sexual violence including sexual harassment, rape, and incest. Another finding of the research shows that there were obstacles for Law Enforcement Officials in handling cases involving this Dissability. This study concluded that there were special challenges related to the limitations of disability genders in handling legal cases involving persons with disabilities. The challenges were faced not only by persons with disabilities and families, but also by Law Enforcement Officials (APH).

<p>If you have not yet read the judgment of Lord Reed in the Supreme Court decision of Unison v The Lord Chancellor, please allow yourself a little time over the coming weeks to enjoy a clear and evidence-based statement on access to justice in the employment tribunals of England and Wales. The case was brought by Unison, the UK public workers union, and challenged the introduction in July 2013 of the requirement to pay a fee to lodge an employment tribunal claim. Having reviewed some of the key common law authorities and quoting from the Magna Carta and Donoghue v Stevenson no less, Lord Reed concluded that the fee regime was unlawful “because it has the effect of preventing access to justice”. This landmark decision in July 2017 brought an immediate end to the fee regime. Time will tell whether the UK Government will attempt another fee scheme in the future, but there are other more pressing issues occupying Whitehall at the moment.</p><p><br />The four-year fee regime and the Unison challenge brought access to justice in employment tribunals very much into the public eye. Other barriers to access were also widely discussed and reported, including the lack of legal aid and legal representation for claimants in employment law matters. A number of law clinics and pro bono schemes operate to give guidance and advice to the public, in addition to the essential work of ACAS (the Advisory, Conciliation and Arbitration Service). The purpose of this paper is to share with you my experience of a university student Streetlaw project at the Cardiff Employment Tribunal providing guidance to unrepresented claimants about tribunal practice and procedure.</p><p><br />The concept of Streetlaw is familiar to readers of this Journal as a form of public legal education aimed at helping members of the public to understand their rights. It is also frequently referred to as “legal literacy”, the importance of which Richard Grimes explains in a previous edition of this Journal. The key aim of our Streetlaw project is to educate potential claimants about what to expect in the run up to their employment tribunal hearing and what happens on the day. As I shall explain, however, there are a number of secondary aims and several other beneficial outcomes.</p>

<p><strong>Background. </strong>The Mental Health Care Act No. 17 of 2002 (MHCA) was introduced to combat poor care received by mentally ill persons. </p><p><strong>Objective.</strong> The objective of this study was to evaluate diagnostic and treatment accuracy as well as compliance with procedural matters related to the MHCA, using a sample in the northern region of Gauteng Province, South Africa. </p><p><strong>Method.</strong> Files of 200 patients admitted to Weskoppies Hospital between June and December 2009 were evaluated for admission procedures, and care, treatment and rehabilitation (CTR). </p><p><strong>Results.</strong> From referring hospitals, 174 (87%) persons had appropriate signs and symptoms documented in the referral note or MHCA forms. All of these were appropriately diagnosed. Although about one-third of the patients’ treatment was not documented, more than 50% (<em>n</em>=163) received the correct treatment. In two-thirds of patients, correction of detected abnormalities was not documented. Approximately 50% of the admissions had documents that did not adhere to MHCA provisions. At Weskoppies Hospital, CTR was considered appropriate for 92% of the patients. The legal status of the majority of patients was involuntary at discharge point. The majority of persons stayed for &lt;3 months but for longer than what medical aid schemes allow in the private sector. </p><p><strong>Conclusions. </strong>The study highlighted both improvements and gaps in CTR given to mentally ill persons in the northern Gauteng region, which might apply to the rest of the country. Medicolegal requirements stipulated by the MHCA are still a challenge a decade post enactment, but there may be a move in the right direction.</p>

Results-Based Funding (RBF) for Reducing Emissions from Deforestation and Forest Degradation (REDD+) has become an important instrument for channeling financial resources to forest conservation activities. At the same time, much literature on conservation funding is ambiguous about the effectiveness of existing RBF schemes. Many effectiveness evaluations follow a simplified version of the principal-agent model, but in practice, the relation between aid providers and funding recipients is much more complex. As a consequence, intermediary steps of conservation funding are often not accounted for in effectiveness studies. This research paper aims to provide a nuanced understanding of conservation funding by analyzing the allocation of financial resources for one of the largest RBF schemes for REDD+ in the world: the Brazilian Amazon Fund. As part of this analysis, this study has built a dataset of information, with unprecedented detail, on Amazon Fund projects, in order to accurately reconstruct the allocation of financial resources across different stakeholders (i.e., governments, NGOs, research institutions), geographies, and activities. The results show that that the distribution of resources of the Amazon Fund lack a clear strategy that could maximize the results of the fund in terms of deforestation reduction. First, there are evidences that in some cases governmental organizations lack financial additionality for their projects, which renders the growing share of funding to this type of stakeholder particularly worrisome. Second, the Amazon Fund allocations did also not systematically have privileged the municipalities that showed the recent highest deforestation rates. rom the 10 municipalities with the higher deforestation rates in 2017, only 2 are amongst the top 100 receiving per/Ha considering the 775 municipalities from Legal Amazon. Third, the allocation of the financial resources from the Amazon Fund reflects the support of different projects that adopt significantly diverging theories of change, many of which are not primarily concerned with attaining further deforestation reductions. These results reflect the current approach adopted by the Amazon Fund, that do not actively seek areas for intervention, but instead wait for project submissions from proponents. As a consequence, project owners exert much influence on to the type of activities that they support how deforestation reduction is expected to be attained. The article concludes that the Amazon Fund as well as other RBF programs, should evolve over time in order to develop a more targeted funding strategy to maximize the long-term impact in reducing emissions from deforestation.

PurposeThe insurance sector provides insurance protection for complex project deals in Ghana. The study assesses the service quality of insurance of complex project deals in the construction industry of developing countries, specifically Ghana. The objectives are to identify the insurance typologies in complex project deals in the construction industry, to assess the level of construction insurance quality, and to assess the challenges faced in complex project insurance.Design/methodology/approachA comprehensive literature review was conducted to analyze the previously related works on insurance in the construction industry. The study then adopted quantitative research strategy where a structured questionnaire survey was used to collect information from construction industry professionals. The data analysis was organized in accordance with the specific objectives of the study with the aid of mean score analysis and independent sample t-test. The study again measured the reliability of the adopted scale using Cronbach's alpha, which indicated that all the items reliably measured what they were intended to measure, and thereby, statistical tools can be applied to give in-depth meanings.FindingsThe insurance typologies for complex projects were discovered by the study, as well as the available service qualities of insurance. The study again made it clear that the major challenges capable of affecting complex construction project are low quality of insurance companies' services and the gap in statutory and legal systems.Research limitation/implicationsThe major constraint in this study was the issue of taking only Ghana as a developing country to generalize the result. This is then to provide lessons for other developing countries.Practical implicationThe findings from this study will be useful to construction firms, insurance firms, and regulatory bodies by identifying the effectiveness of insurance as a risk mitigation measure in construction. The study will help the insurance firms to better position themselves to meet the demands of the construction industry. As the findings of this study are Ghana-specific, it is also to provide lessons for other developing countries.Originality/valueThis study delves deep into the complex construction project insurance service quality in developing countries, specifically Ghana.

Abstract Background Health insurance is an important mechanism to prevent financial hardship in the process of accessing health care. Since the launch of Nigeria’s National Health Insurance Scheme (NHIS) in 2005, only 5% of Nigerians have health insurance and 70% still finance their healthcare through Out-Of-Pocket (OOP) expenditure. Understanding the contextualized perspectives of stakeholders involved in NHIS is critical to advancing and implementing necessary reforms for expanding health insurance coverage at national and sub-national levels in Nigeria. This study explored the perspectives of sub-national level actors/stakeholders on the design and implementation challenges of Nigeria’s NHIS. Methods A descriptive case study design was used in this research. Data were collected in Ibadan, Oyo State in 2016 from health insurance regulators, healthcare providers, and policymakers. Key informant interviews (KII) were conducted among purposively selected stakeholders to examine their perspectives on the design and implementation challenges of Nigeria’s National Health Insurance Scheme. Data were analysed using inductive and deductive thematic approaches with the aid of NVIVO software package version 11. Results Implementation challenges identified include abject poverty, low level of awareness, low interest (in the scheme), superstitious beliefs, inefficient mode of payment, drug stock-out, weak administrative and supervisory capacity. The scheme is believed to have provided more coverage for the formal sector, its voluntary nature and lack of legal framework at the subnational levels were seen as the overarching policy challenge. Only NHIS staff currently make required financial co-contribution into the scheme, as all other federal employees are been paid for by the (federal) government. Conclusions Sub-national governments should create legal frameworks establishing compulsory health insurance schemes at the subnational levels. Effective and efficient platforms to get the informal sector enrolled in the scheme is desirable. CBHI schemes and the currently approved state supported health insurance programmes may provide a more acceptable platform than NHIS especially among the rural informal sector. These other two should be promoted. Awareness and education should also be raised to enlighten citizens. Stakeholders need to address these gaps as well as poverty.

Background: Small-bus operators (SBOs) in South Africa operate on the periphery of the economic mainstream of scheduled subsidised commuter transport, and little progress has been made in getting these operators into the more formal subsidised industry. There is also a lack of information about the challenges these operators face in participating in the public transport industry.Objectives of the research: The main objective of the research was to conduct a survey among SBOs to obtain a better understanding of the challenges that they face in participating in the public transport industry.Method: A telephone survey of operators was undertaken to ensure an adequate response to a structured questionnaire. In analysing the data, we made use of Factor Analysis and the Statistical Package for the Social Sciences (SPSS) to undertake general statistical analysis.Results: The main results of the survey indicate that SBOs face significant financial and operational challenges. There is also a perceived lack of government support for SBOs. Major conclusions are that the Department of Transport (DoT) ought to address issues related to the complex governmental reporting and legal requirements for small business. In addition, government ought to be creating ‘space’ for SBOs in the design of contracts and actively encouraging the formation of consortia’s or partnerships, among the SBOs and/or between SBOs and established bus companies. Government, and especially the DoT, ought to more actively market the governments’ small-business support systems and procedures together with financial aid schemes to assist SBOs in acquiring or replacing buses.

Introduction While Free Software Foundation founder Richard Stallman argues that Free Software is not Open Source, he is only half right—or only speaking about the question of motivation (the half that matters to him). The definition of Open Source, as enshrined in the Open Source Definition (OSD) is a nearly verbatim copy of the Debian Free Software Guidelines (DFSG). Both the OSD and DFSG are practical articulations of Stallman’s Free Software Definition (FSD). Open Source, with a different political and philosophical basis, can only exist because the FSD is broad enough to allow for its translation into other terms yet defined enough to allow for a directed and robust social movement. As much as Stallman might want to deemphasize Open Source, he would never change the broadly defined definition of freedom that made its existence possible. This level of translatability within the domain of Free and Opens Source Software (FOSS) is echoed in the accessibly of its philosophies and technologies to groups from across the political spectrum. Recalibrating the broad meaning of freedom outlined in the FSD to align with their own philosophies and politics, these groups perceive FOSS as a model of openness and collaboration particularly well suited to meet their own goals. In this process of re-adoption and translation, FOSS has become the corporate poster child for capitalist technology giants like IBM, the technological and philosophical weapon of anti-corporate activists, and a practical template for a nascent movement to create an intellectual “Commons” to balance the power of capital. In these cases and others, FOSS’s broadly defined philosophy—given legal form in licenses—has acted as a pivotal point of inspiration for a diverse (and contradictory) set of alternative intellectual property instruments now available for other forms of creative work. Iconic Tactics As a site of technological practice, FOSS is not unique in its ability to take multiple lives and meanings. For example, Gyan Prakash (1999) in Another Reason_ _describes the way that many of the principles and practices of early twentieth century techno-science were translated, in ways similar to FOSS, during India’s colonial era. British colonizers who built bridges, trains, and hospitals pointed to their technological prowess as both a symbol of a superior scientific rationality and justification for their undemocratic presence in the subcontinent. Prakash describes the way that a cadre of Indian nationalists re-visioned the practice and philosophical approach to techno-science to justify and direct their anti-colonial national liberation movement. Techno-science, which was an instrument for colonialism and an icon for idea of progress, was nonetheless re-valued and redirected toward “another reason,” thus acting as a “tactic” productive of other social and political practices. We call this dynamic iconic tactic. FOSS has been deployed as an iconic tactic in a wide range of projects. FOSS philosophy simply states that it is the right of every user to use, modify, and distribute computer software for any purpose. The right to use, distribute, modify and redistribute derivative versions, the so called “four freedoms,” are based in and representative of an extreme form of anti-discrimination resistant to categorization into the typical “left, center and right” tripartite political schema. This element of non-discrimination, coupled with the broad nature of FOSS’s philosophical foundation, enables the easy adoption of FOSS technologies and facilitates its translatability. FOSS’s broadly defined freedom acts as an important starting point and one conceptual hinge useful in understanding the promiscuous circulation of FOSS as a set of technologies, signs, methodologies and philosophies. Also helpful is an analysis of the way in which this philosophical and legal form is animated and redirected in historically particular, and at times divergent, ways through the use of FOSS technologies and licensing schemes. It is to three contrasting examples of such transmutations that we now turn to. Translation in FOSS With over USD 81 billion in yearly revenue deriving in no small part from the companies vast patent and copyright holdings, IBM is an example of global capitalism whose bedrock is intellectual property. With a development methodology that IBM recognizes as more agile and profitable than proprietary models in many situations, IBM was quick to embrace FOSS. Hiring a cadre of FOSS developers to work in-house on FOSS software, IBM launched the first nationwide advertising campaign promoting the FOSS operating system GNU/Linux. In their first campaign, they highlighted the ideas of openness and freedom in ways that, unsurprisingly, reinforced their corporate goals. Featuring the recognizable Linux mascot Tux the penguin and a message of “Peace, Love, and Linux,” IBM connected using and buying FOSS-based enterprise solutions with 1960’s counter-cultural ideals of sharing, empowerment, and openness. IBM’s engagement with FOSS is representative of a much larger corporate movement to translate FOSS principles into a neoliberal language of market agility, consumer choice, and an “improved bottom line.” While their position, as the recent SCO and IBM court cases over Linux have demonstrated, is not uniformly shared in the corporate world, IBM is a highly visible example of a larger corporate push toward Free Software as the basis of a service-based business model. While the money behind IBM’s advertising machine makes their take on FOSS particularly visible, they hold no monopoly on the interpretation of FOSS’s meaning and importance. This is evidenced by the extensive use of FOSS as an iconic tactic by leftist activists around the world. Also bearing a three letter acronym, the Independent Media Centers (IMC) are a socio-political project whose mission and spirit are completely contrary to the goals of a large corporation like IBM. Indymedia is a worldwide collective of loosely affiliated grassroots online media websites and non-virtual spaces that allow activists to directly make, move, and “become” the media. IMCs are an important and integrated part of the anti-corporate and counter-globalization movement. In their work, IMC activists have aligned FOSS philosophy with their goals and visions for openness, media-reform, and large-scale socio-political justice. Like IBM, IMCs use existing FOSS software and create their own tools. IMC software, is, by charter, FOSS. As a volunteer organization with limited economic resources, FOSS has been crucial in its technology-heavy operations. Beyond use for pragmatic reasons, there is widespread support and admiration for FOSS, which is often identified as a revolutionary example of mutual aid, structural openness and the power of collaboration. The following quotes from the IMC’s online-meeting where the decision to formally adopt FOSS was made exemplify activist’s understandings of how FOSS can be used as a tool to further their political aspirations. xxxx: I assume it is safe to say that we are making this choice in order to try to choose the thing which has the least chance of benefiting any corporation, or any other form of hoarding in any way xxxx: There is a wonderful pool of very well-developed free software out there. Earlier, someone said that IMC is a revolutionary project, and free software is a revolutionary tool for it. I stan[d] very firmly behind using free software first These activists—and others in the IMC and anti-corporate, anti-capitalist, and counter-globalization movements—find inspiration in FOSS as proof of the possibility of successful alternatives to capitalist forms of production. In recent years, a political position—with a centrist political philosophy distinct from both capitalists like IBM and anti-capitalists like the IMC—has emerged with FOSS as its primary point of philosophical justification. This group is constituted by a growing number of North American and European scholars who have employed the metaphor of a “Commons” to argue for legally protected resources and knowledge for common use by all. The commons endeavor is one example of a larger “liberal” critique of the neoliberal face of “socially destructive unfettered capitalism” which is seen as a threat to democracy (Soros 2001). The information commons movement, largely spearheaded by Lawrence Lessig (1999; 2001; Creative Commons) and David Bollier (2002; Public Knowledge), explicitly points to FOSS as its inspiration. Within the Commons movement, FOSS has been tactically held up as proof that Commons are achievable and as a model of the process through which they can be created; the Creative Commons organization, a key institution within the Commons movement, has adopted FOSS-style licensing to foster and protect other other kinds of non-technical knowledge. Conclusion These three cases, which don’t exhaust the examples of translation, demonstrate how FOSS functions as an iconic tactic for a range of projects, which is not the simple result of the lexical ambiguity of the words free or open. The ability of FOSS to act as an “engine of translation” is one of the most compelling political aspects of FOSS and an important starting point in the assessment of the variable ways in which FOSS has been used as a set of technologies and an icon for openness—one we feel is often overlooked or obscured in popular and scholarly accounts on the broader implications of FOSS. The terms openness and freedom are often the key categories by which advocates, activists, journalists, and scholars approach the social and political implications of FOSS. While some accounts attribute a type of radical political intention to the domain of FOSS, others critique FOSS as indicative of late-capitalism’s drive to create and exploit free labor (Terranova 2000). Some problematically collapse the efforts of Lessig and Creative Commons with those of FOSS (Boyton 2004) obscuring some of the important differences between the goals and licenses of the groups. Certainly, the way in which FOSS is translated also shifts the ways that FOSS developers understand their own actions and motivations. However, commentators often interpret isolated cases of this process of inspiration, adoption, and re-valuation as indicative of the whole. In this early stage of research into FOSS, it behooves us to be wary of wholesale pronouncements on the social, political, and economic nature of FOSS. We should instead remain mindful of the range of socio-historical processes by which FOSS has enabled a diversity of ideas and practices of opennesses. We should be open to the idea that an analysis of the interplay between FOSS philosophy and practices as it travels through multiple social, economic and political terrains may reveal more than (first) meets the eye. About the Authors Biella Coleman is a cultural anthropologist from the University of Chicago currently writing her dissertation on the ethical dynamics and political implications of the Free and Open Source movement. She spent nearly three years doing research on the Debian project and studying hacker and technology activism in the Bay Area. Her next project draws from this research to investigate the use of expressive and human rights among psychiatric survivors as a political vector to make claims against forced treatment and to halt the global exportation of an American model of psychiatry. email: egcolema@uchicago.edu and biella@healthhacker.org Benjamin "Mako" Hill is a Free and Open Source Software developer and advocate. He is a director of Software in the Public Interest and a member of the Debian project—by most accounts the single largest Free Software project. In addition to volunteer and professional Free Software work, Hill writes and speaks extensively on issues of free software, intellectual property, collaboration, and technology. email: mako@bork.hampshire.edu Works Cited Boynton, Robert. ”The Tyranny of Copyright.”New York Times Magazine http://www.nytimes.com/2004/01/25/magazine/25COPYRIGHT.html Bollier, David. Silent Theft: the Private Plunder of our Common Wealth. New York: Routledge, 2002. Lessig, Lawrence. Code and Other Laws of Cyberspace. New York: Basic Books, 1999. .The Future of ideas. New York: Random House, 2001. Prakash, Gyan. Another Reason: Science and the Imagination of Modern India. Princeton, NJ: Princeton University Press, 1999. Soros, George. Open Society: Reforming Global Capitalism. New York: Public Affairs, 2000. Terranova, Tiziana. “Free Labor: Producing Culture for the Global Economy.” Social Text. (18): 2: 33-57, 2000. Warner, Michael. Publics and Counterpublics. New York: Zone Books, 2002. Weblinks: http://www.gnu.org/philosophy/free-sw.html http://www.debian.org/social_contract.html#guidelines, http://www.opensource.org/docs/definition.php http://www.slweekly.com/editorial/2004/feat_2004-01-22.cfm http://www.indymedia.org http://creativecommons.org/ http://www.publicknowledge.org/ Citation reference for this article MLA Style Coleman, Biella & Hill, Mako. "How Free Became Open and Everything Else Under the Sun" M/C: A Journal of Media and Culture <http://www.media-culture.org.au/0406/02_Coleman-Hill.php>. APA Style Coleman, B. & Hill, M. (2004, Jul1). How Free Became Open and Everything Else Under the Sun. M/C: A Journal of Media and Culture, 7, <http://www.media-culture.org.au/0406/02_Coleman-Hill.php>

“As the old technologies become automatic and invisible, we find ourselves more concerned with fighting or embracing what’s new”—Dennis Baron, From Pencils to Pixels: The Stage of Literacy Technologies What constitutes a computer, as we have come to expect it? Are they necessarily monolithic “beige boxes”, connected to computer monitors, sitting on computer desks, located in computer rooms or computer labs? In order for a device to be considered a true computer, does it need to have a keyboard and mouse? If this were 1991 or earlier, our collective perception of what computers are and are not would largely be framed by this “beige box” model: computers are stationary, slab-like, and heavy, and their natural habitats must be in rooms specifically designated for that purpose. In 1992, when Apple introduced the first PowerBook, our perception began to change. Certainly there had been other portable computers prior to that, such as the Osborne 1, but these were more luggable than portable, weighing just slightly less than a typical sewing machine. The PowerBook and subsequent waves of laptops, personal digital assistants (PDAs), and so-called smart phones from numerous other companies have steadily forced us to rethink and redefine what a computer is and is not, how we interact with them, and the manner in which these tools might be used in the classroom. However, this reconceptualization of computers is far from over, and is in fact steadily evolving as new devices are introduced, adopted, and subsequently adapted for uses beyond of their original purpose. Pat Crowe’s Book Reader project, for example, has morphed Nintendo’s GameBoy and GameBoy Advance into a viable electronic book platform, complete with images, sound, and multi-language support. (Crowe, 2003) His goal was to take this existing technology previously framed only within the context of proprietary adolescent entertainment, and repurpose it for open, flexible uses typically associated with learning and literacy. Similar efforts are underway to repurpose Microsoft’s Xbox, perhaps the ultimate symbol of “closed” technology given Microsoft’s propensity for proprietary code, in order to make it a viable platform for Open Source Software (OSS). However, these efforts are not forgone conclusions, and are in fact typical of the ongoing battle over who controls the technology we own in our homes, and how open source solutions are often at odds with a largely proprietary world. In late 2001, Microsoft launched the Xbox with a multimillion dollar publicity drive featuring events, commercials, live models, and statements claiming this new console gaming platform would “change video games the way MTV changed music”. (Chan, 2001) The Xbox launched with the following technical specifications: 733mhz Pentium III 64mb RAM, 8 or 10gb internal hard disk drive CD/DVD ROM drive (speed unknown) Nvidia graphics processor, with HDTV support 4 USB 1.1 ports (adapter required), AC3 audio 10/100 ethernet port, Optional 56k modem (TechTV, 2001) While current computers dwarf these specifications in virtually all areas now, for 2001 these were roughly on par with many desktop systems. The retail price at the time was $299, but steadily dropped to nearly half that with additional price cuts anticipated. Based on these features, the preponderance of “off the shelf” parts and components used, and the relatively reasonable price, numerous programmers quickly became interested in seeing it if was possible to run Linux and additional OSS on the Xbox. In each case, the goal has been similar: exceed the original purpose of the Xbox, to determine if and how well it might be used for basic computing tasks. If these attempts prove to be successful, the Xbox could allow institutions to dramatically increase the student-to-computer ratio in select environments, or allow individuals who could not otherwise afford a computer to instead buy and Xbox, download and install Linux, and use this new device to write, create, and innovate . This drive to literally and metaphorically “open” the Xbox comes from many directions. Such efforts include Andrew Huang’s self-published “Hacking the Xbox” book in which, under the auspices of reverse engineering, Huang analyzes the architecture of the Xbox, detailing step-by-step instructions for flashing the ROM, upgrading the hard drive and/or RAM, and generally prepping the device for use as an information appliance. Additional initiatives include Lindows CEO Michael Robertson’s $200,000 prize to encourage Linux development on the Xbox, and the Xbox Linux Project at SourceForge. What is Linux? Linux is an alternative operating system initially developed in 1991 by Linus Benedict Torvalds. Linux was based off a derivative of the MINIX operating system, which in turn was a derivative of UNIX. (Hasan 2003) Linux is currently available for Intel-based systems that would normally run versions of Windows, PowerPC-based systems that would normally run Apple’s Mac OS, and a host of other handheld, cell phone, or so-called “embedded” systems. Linux distributions are based almost exclusively on open source software, graphic user interfaces, and middleware components. While there are commercial Linux distributions available, these mainly just package the freely available operating system with bundled technical support, manuals, some exclusive or proprietary commercial applications, and related services. Anyone can still download and install numerous Linux distributions at no cost, provided they do not need technical support beyond the community / enthusiast level. Typical Linux distributions come with open source web browsers, word processors and related productivity applications (such as those found in OpenOffice.org), and related tools for accessing email, organizing schedules and contacts, etc. Certain Linux distributions are more or less designed for network administrators, system engineers, and similar “power users” somewhat distanced from that of our students. However, several distributions including Lycoris, Mandrake, LindowsOS, and other are specifically tailored as regular, desktop operating systems, with regular, everyday computer users in mind. As Linux has no draconian “product activation key” method of authentication, or digital rights management-laden features associated with installation and implementation on typical desktop and laptop systems, Linux is becoming an ideal choice both individually and institutionally. It still faces an uphill battle in terms of achieving widespread acceptance as a desktop operating system. As Finnie points out in Desktop Linux Edges Into The Mainstream: “to attract users, you need ease of installation, ease of device configuration, and intuitive, full-featured desktop user controls. It’s all coming, but slowly. With each new version, desktop Linux comes closer to entering the mainstream. It’s anyone’s guess as to when critical mass will be reached, but you can feel the inevitability: There’s pent-up demand for something different.” (Finnie 2003) Linux is already spreading rapidly in numerous capacities, in numerous countries. Linux has “taken hold wherever computer users desire freedom, and wherever there is demand for inexpensive software.” Reports from technology research company IDG indicate that roughly a third of computers in Central and South America run Linux. Several countries, including Mexico, Brazil, and Argentina, have all but mandated that state-owned institutions adopt open source software whenever possible to “give their people the tools and education to compete with the rest of the world.” (Hills 2001) The Goal Less than a year after Microsoft introduced the The Xbox, the Xbox Linux project formed. The Xbox Linux Project has a goal of developing and distributing Linux for the Xbox gaming console, “so that it can be used for many tasks that Microsoft don’t want you to be able to do. ...as a desktop computer, for email and browsing the web from your TV, as a (web) server” (Xbox Linux Project 2002). Since the Linux operating system is open source, meaning it can freely be tinkered with and distributed, those who opt to download and install Linux on their Xbox can do so with relatively little overhead in terms of cost or time. Additionally, Linux itself looks very “windows-like”, making for fairly low learning curve. To help increase overall awareness of this project and assist in diffusing it, the Xbox Linux Project offers step-by-step installation instructions, with the end result being a system capable of using common peripherals such as a keyboard and mouse, scanner, printer, a “webcam and a DVD burner, connected to a VGA monitor; 100% compatible with a standard Linux PC, all PC (USB) hardware and PC software that works with Linux.” (Xbox Linux Project 2002) Such a system could have tremendous potential for technology literacy. Pairing an Xbox with Linux and OpenOffice.org, for example, would provide our students essentially the same capability any of them would expect from a regular desktop computer. They could send and receive email, communicate using instant messaging IRC, or newsgroup clients, and browse Internet sites just as they normally would. In fact, the overall browsing experience for Linux users is substantially better than that for most Windows users. Internet Explorer, the default browser on all systems running Windows-base operating systems, lacks basic features standard in virtually all competing browsers. Native blocking of “pop-up” advertisements is still not yet possible in Internet Explorer without the aid of a third-party utility. Tabbed browsing, which involves the ability to easily open and sort through multiple Web pages in the same window, often with a single mouse click, is also missing from Internet Explorer. The same can be said for a robust download manager, “find as you type”, and a variety of additional features. Mozilla, Netscape, Firefox, Konqueror, and essentially all other OSS browsers for Linux have these features. Of course, most of these browsers are also available for Windows, but Internet Explorer is still considered the standard browser for the platform. If the Xbox Linux Project becomes widely diffused, our students could edit and save Microsoft Word files in OpenOffice.org’s Writer program, and do the same with PowerPoint and Excel files in similar OpenOffice.org components. They could access instructor comments originally created in Microsoft Word documents, and in turn could add their own comments and send the documents back to their instructors. They could even perform many functions not yet capable in Microsoft Office, including saving files in PDF or Flash format without needing Adobe’s Acrobat product or Macromedia’s Flash Studio MX. Additionally, by way of this project, the Xbox can also serve as “a Linux server for HTTP/FTP/SMB/NFS, serving data such as MP3/MPEG4/DivX, or a router, or both; without a monitor or keyboard or mouse connected.” (Xbox Linux Project 2003) In a very real sense, our students could use these inexpensive systems previously framed only within the context of entertainment, for educational purposes typically associated with computer-mediated learning. Problems: Control and Access The existing rhetoric of technological control surrounding current and emerging technologies appears to be stifling many of these efforts before they can even be brought to the public. This rhetoric of control is largely typified by overly-restrictive digital rights management (DRM) schemes antithetical to education, and the Digital Millennium Copyright Act (DMCA). Combined,both are currently being used as technical and legal clubs against these efforts. Microsoft, for example, has taken a dim view of any efforts to adapt the Xbox to Linux. Microsoft CEO Steve Ballmer, who has repeatedly referred to Linux as a cancer and has equated OSS as being un-American, stated, “Given the way the economic model works - and that is a subsidy followed, essentially, by fees for every piece of software sold - our license framework has to do that.” (Becker 2003) Since the Xbox is based on a subsidy model, meaning that Microsoft actually sells the hardware at a loss and instead generates revenue off software sales, Ballmer launched a series of concerted legal attacks against the Xbox Linux Project and similar efforts. In 2002, Nintendo, Sony, and Microsoft simultaneously sued Lik Sang, Inc., a Hong Kong-based company that produces programmable cartridges and “mod chips” for the PlayStation II, Xbox, and Game Cube. Nintendo states that its company alone loses over $650 million each year due to piracy of their console gaming titles, which typically originate in China, Paraguay, and Mexico. (GameIndustry.biz) Currently, many attempts to “mod” the Xbox required the use of such chips. As Lik Sang is one of the only suppliers, initial efforts to adapt the Xbox to Linux slowed considerably. Despite that fact that such chips can still be ordered and shipped here by less conventional means, it does not change that fact that the chips themselves would be illegal in the U.S. due to the anticircumvention clause in the DMCA itself, which is designed specifically to protect any DRM-wrapped content, regardless of context. The Xbox Linux Project then attempted to get Microsoft to officially sanction their efforts. They were not only rebuffed, but Microsoft then opted to hire programmers specifically to create technological countermeasures for the Xbox, to defeat additional attempts at installing OSS on it. Undeterred, the Xbox Linux Project eventually arrived at a method of installing and booting Linux without the use of mod chips, and have taken a more defiant tone now with Microsoft regarding their circumvention efforts. (Lettice 2002) They state that “Microsoft does not want you to use the Xbox as a Linux computer, therefore it has some anti-Linux-protection built in, but it can be circumvented easily, so that an Xbox can be used as what it is: an IBM PC.” (Xbox Linux Project 2003) Problems: Learning Curves and Usability In spite of the difficulties imposed by the combined technological and legal attacks on this project, it has succeeded at infiltrating this closed system with OSS. It has done so beyond the mere prototype level, too, as evidenced by the Xbox Linux Project now having both complete, step-by-step instructions available for users to modify their own Xbox systems, and an alternate plan catering to those who have the interest in modifying their systems, but not the time or technical inclinations. Specifically, this option involves users mailing their Xbox systems to community volunteers within the Xbox Linux Project, and basically having these volunteers perform the necessary software preparation or actually do the full Linux installation for them, free of charge (presumably not including shipping). This particular aspect of the project, dubbed “Users Help Users”, appears to be fairly new. Yet, it already lists over sixty volunteers capable and willing to perform this service, since “Many users don’t have the possibility, expertise or hardware” to perform these modifications. Amazingly enough, in some cases these volunteers are barely out of junior high school. One such volunteer stipulates that those seeking his assistance keep in mind that he is “just 14” and that when performing these modifications he “...will not always be finished by the next day”. (Steil 2003) In addition to this interesting if somewhat unusual level of community-driven support, there are currently several Linux-based options available for the Xbox. The two that are perhaps the most developed are GentooX, which is based of the popular Gentoo Linux distribution, and Ed’s Debian, based off the Debian GNU / Linux distribution. Both Gentoo and Debian are “seasoned” distributions that have been available for some time now, though Daniel Robbins, Chief Architect of Gentoo, refers to the product as actually being a “metadistribution” of Linux, due to its high degree of adaptability and configurability. (Gentoo 2004) Specifically, the Robbins asserts that Gentoo is capable of being “customized for just about any application or need. ...an ideal secure server, development workstation, professional desktop, gaming system, embedded solution or something else—whatever you need it to be.” (Robbins 2004) He further states that the whole point of Gentoo is to provide a better, more usable Linux experience than that found in many other distributions. Robbins states that: “The goal of Gentoo is to design tools and systems that allow a user to do their work pleasantly and efficiently as possible, as they see fit. Our tools should be a joy to use, and should help the user to appreciate the richness of the Linux and free software community, and the flexibility of free software. ...Put another way, the Gentoo philosophy is to create better tools. When a tool is doing its job perfectly, you might not even be very aware of its presence, because it does not interfere and make its presence known, nor does it force you to interact with it when you don’t want it to. The tool serves the user rather than the user serving the tool.” (Robbins 2004) There is also a so-called “live CD” Linux distribution suitable for the Xbox, called dyne:bolic, and an in-progress release of Slackware Linux, as well. According to the Xbox Linux Project, the only difference between the standard releases of these distributions and their Xbox counterparts is that “...the install process – and naturally the bootloader, the kernel and the kernel modules – are all customized for the Xbox.” (Xbox Linux Project, 2003) Of course, even if Gentoo is as user-friendly as Robbins purports, even if the Linux kernel itself has become significantly more robust and efficient, and even if Microsoft again drops the retail price of the Xbox, is this really a feasible solution in the classroom? Does the Xbox Linux Project have an army of 14 year olds willing to modify dozens, perhaps hundreds of these systems for use in secondary schools and higher education? Of course not. If such an institutional rollout were to be undertaken, it would require significant support from not only faculty, but Department Chairs, Deans, IT staff, and quite possible Chief Information Officers. Disk images would need to be customized for each institution to reflect their respective needs, ranging from setting specific home pages on web browsers, to bookmarks, to custom back-up and / or disk re-imaging scripts, to network authentication. This would be no small task. Yet, the steps mentioned above are essentially no different than what would be required of any IT staff when creating a new disk image for a computer lab, be it one for a Windows-based system or a Mac OS X-based one. The primary difference would be Linux itself—nothing more, nothing less. The institutional difficulties in undertaking such an effort would likely be encountered prior to even purchasing a single Xbox, in that they would involve the same difficulties associated with any new hardware or software initiative: staffing, budget, and support. If the institutional in question is either unwilling or unable to address these three factors, it would not matter if the Xbox itself was as free as Linux. An Open Future, or a Closed one? It is unclear how far the Xbox Linux Project will be allowed to go in their efforts to invade an essentially a proprietary system with OSS. Unlike Sony, which has made deliberate steps to commercialize similar efforts for their PlayStation 2 console, Microsoft appears resolute in fighting OSS on the Xbox by any means necessary. They will continue to crack down on any companies selling so-called mod chips, and will continue to employ technological protections to keep the Xbox “closed”. Despite clear evidence to the contrary, in all likelihood Microsoft continue to equate any OSS efforts directed at the Xbox with piracy-related motivations. Additionally, Microsoft’s successor to the Xbox would likely include additional anticircumvention technologies incorporated into it that could set the Xbox Linux Project back by months, years, or could stop it cold. Of course, it is difficult to say with any degree of certainty how this “Xbox 2” (perhaps a more appropriate name might be “Nextbox”) will impact this project. Regardless of how this device evolves, there can be little doubt of the value of Linux, OpenOffice.org, and other OSS to teaching and learning with technology. This value exists not only in terms of price, but in increased freedom from policies and technologies of control. New Linux distributions from Gentoo, Mandrake, Lycoris, Lindows, and other companies are just now starting to focus their efforts on Linux as user-friendly, easy to use desktop operating systems, rather than just server or “techno-geek” environments suitable for advanced programmers and computer operators. While metaphorically opening the Xbox may not be for everyone, and may not be a suitable computing solution for all, I believe we as educators must promote and encourage such efforts whenever possible. I suggest this because I believe we need to exercise our professional influence and ultimately shape the future of technology literacy, either individually as faculty and collectively as departments, colleges, or institutions. Moran and Fitzsimmons-Hunter argue this very point in Writing Teachers, Schools, Access, and Change. One of their fundamental provisions they use to define “access” asserts that there must be a willingness for teachers and students to “fight for the technologies that they need to pursue their goals for their own teaching and learning.” (Taylor / Ward 160) Regardless of whether or not this debate is grounded in the “beige boxes” of the past, or the Xboxes of the present, much is at stake. Private corporations should not be in a position to control the manner in which we use legally-purchased technologies, regardless of whether or not these technologies are then repurposed for literacy uses. I believe the exigency associated with this control, and the ongoing evolution of what is and is not a computer, dictates that we assert ourselves more actively into this discussion. We must take steps to provide our students with the best possible computer-mediated learning experience, however seemingly unorthodox the technological means might be, so that they may think critically, communicate effectively, and participate actively in society and in their future careers. About the Author Paul Cesarini is an Assistant Professor in the Department of Visual Communication & Technology Education, Bowling Green State University, Ohio Email: pcesari@bgnet.bgsu.edu Works Cited http://xbox-linux.sourceforge.net/docs/debian.php>.Baron, Denis. “From Pencils to Pixels: The Stages of Literacy Technologies.” Passions Pedagogies and 21st Century Technologies. Hawisher, Gail E., and Cynthia L. Selfe, Eds. Utah: Utah State University Press, 1999. 15 – 33. 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TechWeb. 8 Apr 2003. http://www.techweb.com/tech/software/20030408_software. http://www.theregister.co.uk/content/archive/29439.html http://gentoox.shallax.com/. http://ragib.hypermart.net/linux/. http://www.itworld.com/Comp/2362/LWD010424latinlinux/pfindex.html. http://www.xbox-linux.sourceforge.net. http://www.theregister.co.uk/content/archive/27487.html. http://www.theregister.co.uk/content/archive/26078.html. http://www.us.playstation.com/peripherals.aspx?id=SCPH-97047. http://www.techtv.com/extendedplay/reviews/story/0,24330,3356862,00.html. http://www.wired.com/news/business/0,1367,61984,00.html. http://www.gentoo.org/main/en/about.xml http://www.gentoo.org/main/en/philosophy.xml http://techupdate.zdnet.com/techupdate/stories/main/0,14179,2869075,00.html. http://xbox-linux.sourceforge.net/docs/usershelpusers.html http://www.cnn.com/2002/TECH/fun.games/12/16/gamers.liksang/. Citation reference for this article MLA Style Cesarini, Paul. "“Opening” the Xbox" M/C: A Journal of Media and Culture <http://www.media-culture.org.au/0406/08_Cesarini.php>. APA Style Cesarini, P. (2004, Jul1). “Opening” the Xbox. M/C: A Journal of Media and Culture, 7, <http://www.media-culture.org.au/0406/08_Cesarini.php>

Historians of Modern Architecture have cultivated the image of the architect as a temperamental genius, unconcerned by issues of politeness or pragmatics—a reading reinforced in cultural representations of Modern Architects, such as Howard Roark, the protagonist in Ayn Rand’s 1943 novel The Fountainhead (a character widely believed to be based on the architect Frank Lloyd Wright). The perception of the Modern Architect as an artistic hero or genius has also influenced the reception of their work. Despite their indisputable place within the architectural canon, many important works of Modern Architecture were contested on pragmatic grounds, such as cost, brief and particularly concerning issues of suitability and effectiveness in relation to climate and weather. A number of famed cases resulted in legal action between clients and architects, and in many more examples historians have critically framed these accounts to highlight alternate issues and agendas. “Complaints about the weather,” in relation to architecture, inevitably raise issues regarding a work’s “success,” particularly in view of the tensions between artistry and functionality inherent in the discipline of architecture. While in more recent decades these ideas have been framed around ideas of sustainability—particularly in relation to contemporary buildings—more traditionally they have been engaged through discussions of an architect’s ethical responsibility to deliver a habitable building that meets the client’s needs. This paper suggests these complaints often raise a broader range of issues and are used to highlight tensions inherent in the discipline. In the history of Modern Architecture, these complaints are often framed through gender studies, ethics and, more recently, artistic asceticism. Accounts of complaints and disputes are often invoked in the social construction (or deconstruction) of artistic genius – whether in a positive or negative light. Through its discussion of a number of famed examples, this paper will discuss the framing of climate in relation to the figure of the Modern Architect and the reception of the architectural “masterpiece.” Dear Monsieur Le Corbusier … In June 1930 Mme Savoye, the patron of the famed Villa Savoye on the outskirts of Paris, wrote to her architect, Le Corbusier, stating: “it is still raining in our garage” (Sbriglio 144)—a persistent theme in their correspondence. This letter followed another sent in March after discovering leaks in the garage and several bedrooms following a visit during inclement weather. While sent prior to the building’s completion, she also noted that rainfall on the bathroom skylight “makes a terrible noise […] which prevents us from sleeping in bad weather” (Sbriglio 142). Claiming to have warned Le Corbusier about the concern, the contractor refused to accept responsibility, prompting some rather fiery correspondence between the two. This problem, compounded by issues with the heating system, resulted in the house feeling, as Sbriglio notes, “cold and damp” and subject to “substantial heat loss due to the large glazing”—a cause for particular concern given the health problems of the clients’ only child, Roger Savoye, that saw him spend time in a French Sanatorium (Sbriglio 145). While the cause of Roger’s illness is not clear, at least one writer (albeit with a noticeable lack of footnotes or supporting evidence) has linked this directly to the villa (de Botton 65). Mme Savoye’s complaints about dampness, humidity, condensation and leaking in her home persisted in subsequent years, prompting Benton to summarise in 1987, “every autumn […] there were cries of distress from the Savoye family with the first rains” (Villas 204). These also extended to discussion of the heating system, which while proving insufficient was also causing flooding (Benton, "Villa" 93). In 1935 Savoye again wrote to Le Corbusier, wearily stating: It is raining in the hall, it’s raining on the ramp and the wall of the garage is absolutely soaked [….] it’s still raining in my bathroom, which floods in bad weather, as the water comes in through the skylight. The gardener’s walls are also wet through. (Sbriglio 146-7) Savoye’s understandable vexation with waterproofing problems in her home continued to escalate. With a mixture of gratitude and frustration, a letter sent two years later stated: “After innumerable demands you have finally accepted that this house which you built in 1929 in uninhabitable…. Please render it inhabitable immediately. I sincerely hope that I will not have to take recourse to legal action” (Sbriglio 147). Paradoxically, Le Corbusier was interested in the potential of architecture and urban planning to facilitate health and well-being, as well as the effects that climate may play in this. Early twentieth century medical thought advocated heliotherary (therapeutic exposure to sunlight) for a diverse range of medical conditions, ranging from rickets to tuberculosis. Similarly the health benefits of climate, such as the dryness of mountain air, had been recognised for much longer, and had led to burgeoning industries associated with health, travel and climate. The dangers of damp environments had also long been medically recognised. Le Corbusier’s awareness of the health benefits of sunshine led to the inclusion of a solarium in the villa that afforded both framed and unframed views of the surrounding countryside, such as those that were advocated in the seventeenth century as an antidote to melancholy (Burton 65-66). Both Benton and Sbriglio present Mme Savoye’s complaints as part of their comprehensive histories of an important and influential work of Modern Architecture. Each reproduce excerpts from archival letters that are not widely translated or accessible, and Benton’s 1984 essay is the source other authors generally cite in discussing these matters. In contrast, for example, Murphy’s 2002 account of the villa’s conversion from “house” to “historical monument” cites the same letters (via Benton) as part of a broader argument that highlights the “undomestic” or “unhomely” nature of the work by cataloguing such accounts of the client’s experience of discomfort while residing in the space – thus revisiting a number of common criticisms of Modern Architecture. Le Corbusier’s reputation for designing buildings that responded poorly to climate is often referenced in popular accounts of his work. For example, a 1935 article published in Time states: Though the great expanses of glass that he favors may occasionally turn his rooms into hothouses, his flat roofs may leak and his plans may be wasteful of space, it was Architect Le Corbusier who in 1923 put the entire philosophy of modern architecture into a single sentence: “A house is a machine to live in.” Reference to these issues are usually made rather minimally in academic accounts of his work, and few would agree with this article’s assertion that Le Corbusier’s influence as a phrasemaker would rival the impact of his architecture. In contrast, such issues, in relation to other architects, are often invoked more rhetorically as part of a variety of historical agendas, particularly in constructing feminist histories of architecture. While Corbusier and his work have often been the source of intellectual contention from feminist scholars—for example in regard to authorial disputes and fractious relationships with the likes of Eileen Gray or Charlotte Perriand – discussion of the functional failures in the Villa Savoye are rarely addressed from this perspective. Rather, feminist scholars have focussed their attention on a number of other projects, most notably the case of the Farnsworth House, another canonical work of Modernism. Dear Herr Mies van der Rohe … Mies van der Rohe’s Farnsworth House, completed in 1951 in Plano Illinois, was commissioned as a country weekend residence by an unmarried female doctor, a brief credited with freeing the architect from many of the usual pragmatic requirements of a permanent city residence. In response Mies designed a rectilinear steel and glass pavilion, which hovered (to avoid the flood levels) above the landscape, sheltered by maple trees, in close proximity to the Fox River. The refined architectural detail, elegant formal properties, and poetic relationship with the surrounding landscape – whether in its autumnal splendour or covered in a thick blanket of snow – captivated architects seeing it become, like the Villa Savoye, one of the most revered architectural works of the twentieth century. Prior to construction a model was exhibited in the Museum of Modern Art in New York and, upon completion the building became a pilgrimage site for architects and admirers. The exhibition of the design later fuelled debate about whether Dr Farnsworth constituted a patron or a client (Friedman 134); a distinction generating very different expectations for the responsibilities of the architect, particularly regarding the production of a habitable home that met the client’s brief versus producing a design of architectural merit. The house was intended as a frame for viewing and contemplating nature, thus seeing nature and climate aligned with the transcendental qualities of the design. Following a visit during construction, Farnsworth described the building’s relationship to the elements, writing: “the two horizontal planes of the unfinished building, floating over the meadows, were unearthly beautiful under a sun which glowed like a wild rose” (5). Similarly, in 1951, Arthur Drexler described the building as “a quantity of air caught between a floor and a roof” (Vandenberg 6). Seven years later the architect himself asserted that nature “gained a more profound significance” when viewed from within the house (Friedman 139). While the transparency of the house was “forgiven” by its isolated location and the lack of visibility from neighbouring properties, the issues a glass and steel box might pose for the thermal comfort of its occupant are not difficult to imagine. Following the house’s completion, Farnsworth fitted windows with insect screens and blinds (although Mies intended for curtains to be installed) that clumsily undermined the refined and minimalistic architectural details. Controversy surrounding the house was, in part, the result of its bold new architectural language. However, it was also due to the architect-client relationship, which turned acrimonious in a very public manner. A dispute between Mies and Farnsworth regarding unpaid fees was fought both in the courtroom and the media, becoming a forum for broader debate as various journals (for example, House Beautiful), publicly took sides. The professional female client versus the male architect and the framing of their dispute by historians and the media has seen this project become a seminal case-study in feminist architectural histories, such as Friedman’s Women and the Making of the Modern House of 1998. Beyond the conflict and speculation about the individuals involved, at the core of these discussions were the inadequacies of the project in relation to comfort and climate. For example, Farnsworth describes in her journal finding the house awash with several inches of water, leading to a court session being convened on the rooftop in order to properly ascertain the defects (14). Written retrospectively, after their relationship soured, Farnsworth’s journal delights in recounting any errors or misjudgements made by Mies during construction. For example, she described testing the fireplace to find “the house was sealed so hermetically that the attempt of a flame to go up the chimney caused an interior negative pressure” (2). Further, her growing disenchantment was reflected in bleak descriptions aligning the building with the weather. Describing her first night camping in her home, she wrote: “the expanses of the glass walls and the sills were covered with ice. The silent meadows outside white with old and hardened snow reflected the bleak [light] bulb within, as if the glass house itself were an unshaded bulb of uncalculated watts lighting the winter plains” (9). In an April 1953 article in House Beautiful, Elizabeth Gordon publicly sided with Farnsworth as part of a broader campaign against the International Style. She condemned the home, and its ‘type’ as “unlivable”, writing: “You burn up in the summer and freeze in the winter, because nothing must interfere with the ‘pure’ form of their rectangles” (250). Gordon included the lack of “overhanging roofs to shade you from the sun” among a catalogue of “human qualities” she believed architects sacrificed for the expression of composition—a list that also included possessions, children, pets and adequate kitchen facilities (250). In 1998 excerpts from this article were reproduced by Friedman, in her seminal work of feminist architectural history, and were central in her discussion of the way that debates surrounding this house were framed through notions of gender. Responding to this conflict, and its media coverage, in 1960 Peter Blake wrote: All great houses by great architects tend to be somewhat impractical; many of Corbu’s and Wright’s house clients find that they are living in too expensive and too inefficient buildings. Yet many of these clients would never exchange their houses for the most workable piece of mediocrity. (88) Far from complaining about the weather, the writings of its second owner, Peter Palumbo, poetically meditate the building’s relationship to the seasons and the elements. In his foreword to a 2003 monograph, he wrote: life inside the house is very much a balance with nature, and an extension of nature. A change in the season or an alteration of the landscape creates a marked change in the mood inside the house. With an electric storm of Wagnerian proportions illuminating the night sky and shaking the foundations of the house to their very core, it is possible to remain quite dry! When, with the melting snows of spring, the Fox River becomes a roaring torrent that bursts its banks, the house assumes a character of a house-boat, the water level sometimes rising perilously close to the front door. On such occasions, the approach to the house is by canoe, which is tied to the steps of the upper terrace. (Vandenberg 5) Palumbo purchased the house from Farnsworth and commissioned Mies’s grandson to restore it to its original condition, removing the blinds and insect screens, and installing an air-conditioning system. The critical positioning of Palumbo has been quite different from that of Farnsworth. His restoration and writings on the project have in some ways seen him positioned as the “real” architectural patron. Furthermore, his willingness to tolerate some discomfort in his inhabitation has seen him in some ways prefigure the type of resident that will be next be discussed in reference to recent owners of Wright properties. Dear Mr Wright … Accounts of weatherproofing problems in buildings designed by Frank Lloyd Wright have become the basis of mythology in the architectural discipline. For example, in 1936 Herbert Johnson and J. Vernon Steinle visited Wright’s Richard Lloyd Jones house in Oklahoma. As Jonathan Lipman wrote, “Steinle’s most prominent recollection of the house was that there were scores of tubs and canning jars in the house catching water leaking through the roof” (45). While Lipman notes the irony that both the house and office Wright designed for Johnson would suffer the same problem, it is the anecdotal accounts of the former that have perhaps attracted the most interest. An oft-recounted story tells of Johnson telephoning Wright, during a dinner party, with regard to water dripping from the ceiling into his guest-of-honour’s soup; the complaint was reportedly rebuffed unsympathetically by Wright who suggested the lady should move her chair (Farr 272). Wright himself addressed his reputation for designing buildings that leaked in his Autobiography. In reference to La Miniatura in Pasadena, of 1923, he contextualised difficulties with the local climate, which he suggested was prone to causing leaks, writing: “The sun bakes the roof for eleven months, two weeks and five days, shrinking it to a shrivel. Then giving the roof no warning whatever to get back to normal if it could, the clouds burst. Unsuspecting roof surfaces are deluged by a three inch downpour.” He continued, stating: I knew all this. And I know there are more leaking roofs in Southern California than in all the rest of the world put together. I knew that the citizens come to look upon water thus in a singularly ungrateful mood. I knew that water is all that enables them to have their being there, but let any of it through on them from above, unexpectedly, in their houses and they go mad. It is a kind of phobia. I knew all this and I have taken seriously precautions in the details of this little house to avoid such scenes as a result of negligible roofs. This is the truth. (250) Wright was quick to attribute blame—directed squarely at the builder. Never one for quiet diplomacy, he complained that the “builder had lied to [him] about the flashing under and within the coping walls” (250) and he was ignorant of the incident because the client had not informed him of the leak. He suggested the client’s silence was undoubtedly due to her “not wishing to hurt [his] feelings”. Although given earlier statements it might be speculated that she did not wish to be accused of pandering to a phobia of leaks. Wright was dismissive of the client’s inconvenience, suggesting she would be able to continue as normal until the next rains the following year and claiming he “fixed the house” once he “found out about it” (250). Implicit in this justification was the idea that it was not unreasonable to expect the client to bear a few days of “discomfort” each year in tolerance of the local climate. In true Wright style, discussions of these problems in his autobiography were self-constructive concessions. While Wright refused to take responsibility for climate-related issues in La Minatura, he was more forthcoming in appreciating the triumphs of his Imperial Hotel in Japan—one of the only buildings in the vicinity to survive the 1923 earthquake. In a chapter of his autobiography titled “Building against Doomsday (Why the Great Earthquake did not destroy the Imperial Hotel),” Wright reproduced a telegram sent by Okura Impeho stating: “Hotel stands undamaged as monument of your genius hundreds of homeless provided perfectly maintained service. Congratulations” (222). Far from unconcerned by nature or climate, Wright’s works celebrated and often went to great effort to accommodate the poetic qualities of these. In reference to his own home, Taliesin, Wright wrote: I wanted a home where icicles by invitation might beautify the eaves. So there were no gutters. And when the snow piled deep on the roofs […] icicles came to hang staccato from the eaves. Prismatic crystal pendants sometimes six feet long, glittered between the landscape and the eyes inside. Taliesin in winter was a frosted palace roofed and walled with snow, hung with iridescent fringes. (173) This description was, in part, included as a demonstration of his “superior” understanding and appreciation of nature and its poetic possibilities; an understanding not always mirrored by his clients. Discussing the Lloyd Lewis House in Libertyville, Illinois of 1939, Wright described his endeavours to keep the house comfortable (and avoid flooding) in Spring, Autumn and Summer months which, he conceded, left the house more vulnerable to winter conditions. Utilising an underfloor heating system, which he argued created a more healthful natural climate rather than an “artificial condition,” he conceded this may feel inadequate upon first entering the space (495). Following the client’s complaints that this system and the fireplace were insufficient, particularly in comparison with the temperature levels he was accustomed to in his workplace (at The Daily News), Wright playfully wrote: I thought of various ways of keeping the writer warm, I thought of wiring him to an electric pad inside his vest, allowing lots of lead wire so he could get around. But he waved the idea aside with contempt. […] Then I suggested we appeal to Secretary Knox to turn down the heat at the daily news […] so he could become acclimated. (497) Due to the client’s disinclination to bear this discomfort or use any such alternate schemes, Wright reluctantly refit the house with double-glazing (at the clients expense). In such cases, discussion of leaks or thermal discomfort were not always negative, but were cited rhetorically implying that perfunctory building techniques were not yet advanced enough to meet the architect’s expectations, or that their creative abilities were suppressed by conservative or difficult clients. Thus discussions of building failures have often been invoked in the social construction of the “architect-genius.” Interestingly accounts of the permeability of Wright’s buildings are more often included in biographical rather that architectural writings. In recent years, these accounts of weatherproofing problems have transformed from accusing letters or statements implying failure to a “badge of honour” among occupants who endure discomfort for the sake of art. This changing perspective is usually more pronounced in second generation owners, like Peter Palumbo (who has also owned Corbusier and Wright designed homes), who are either more aware of the potential problems in owning such a house or are more tolerant given an understanding of the historical worth of these projects. This is nowhere more evident than in a profile published in the real estate section of the New York Times. Rather than concealing these issues to preserve the resale value of the property, weatherproofing problems are presented as an endearing quirk. The new owners of Wright’s Prefab No. 1 of 1959, on Staten Island declared they initially did not have enough pots to place under the fifty separate leaks in their home, but in December 2005 proudly boasted they were ‘down to only one leak’ (Bernstein, "Living"). Similarly, in 2003 the resident of a Long Island Wright-designed property, optimistically claimed that while his children often complained their bedrooms were uncomfortably cold, this encouraged the family to spend more time in the warmer communal spaces (Bernstein, "In a House"). This client, more than simply optimistic, (perhaps unwittingly) implies an awareness of the importance of “the hearth” in Wright’s architecture. In such cases complaints about the weather are re-framed. The leaking roof is no longer representative of gender or power relationships between the client and the uncompromising artistic genius. Rather, it actually empowers the inhabitant who rises above their circumstances for the sake of art, invoking a kind of artistic asceticism. While “enlightened” clients of famed architects may be willing to suffer the effects of climate in the interiors of their homes, their neighbours are less tolerant as suggested in a more recent example. Complaints about the alteration of the micro-climate surrounding Frank Gehry’s Walt Disney Concert Hall in Los Angeles prompted the sandblasting of part of the exterior cladding to reduce glare. In 2004, USA Today reported that reflections from the stainless steel cladding were responsible for raising the temperature in neighbouring buildings by more than 9° Celsius, forcing neighbours to close their blinds and operate their air-conditioners. There were also fears that the glare might inadvertently cause traffic problems. Further, one report found that average ground temperatures adjacent to the building peaked at approximately 58° Celsius (Schiler and Valmont). Unlike the Modernist examples, this more recent project has not yet been framed in aid of a critical agenda, and has seemingly been reported simply for being “newsworthy.” Benign Conversation Discussion of the suitability of Modern Architecture in relation to climate has proven a perennial topic of conversation, invoked in the course of recurring debates and criticisms. The fascination with accounts of climate-related problems—particularly in discussing the work of the great Modernist Architects like Le Corbusier, Mies van der Rohe and Frank Lloyd Wright—is in part due to a certain Schadenfreude in debunking the esteem and authority of a canonical figure. This is particularly the case with one, such as Wright, who was characterised by significant self-confidence and an acerbic wit often applied at the expense of others. Yet these accounts have been invoked as much in the construction of the figure of the architect as a creative genius as they have been in the deconstruction of this figure—as well as the historical construction of the client and the historians involved. In view of the growing awareness of the threats and realities of climate change, complaints about the weather are destined to adopt a new significance and be invoked in support of a different range of agendas. While it may be somewhat anachronistic to interpret the designs of Frank Lloyd Wright or Mies van der Rohe in terms of current discussions about sustainability in architecture, these topics are often broached when restoring, renovating or adapting the designs of such architects for new or contemporary usage. In contrast, the climatic problems caused by Gehry’s concert hall are destined to be framed according to a different set of values—such as the relationship of his work to the time, or perhaps in relation to contemporary technology. While discussion of the weather is, in the conversational arts, credited as benign topic, this is rarely the case in architectural history. References Benton, Tim. The Villas of Le Corbusier 1920-1930. New Haven: Yale UP, 1987. ———. “Villa Savoye and the Architects’ Practice (1984).” Le Corbusier: The Garland Essays. Ed. H. Allen Brooks. New York: Garland, 1987. 83-105. Bernstein, Fred A. “In a House That Wright Built.” New York Times 21 Sept. 2003. 3 Aug. 2009 < http://www.nytimes.com/2003/09/21/nyregion/in-a-house-that-wright-built.html >. ———. “Living with Frank Lloyd Wright.” New York Times 18 Dec. 2005. 30 July 2009 < http://www.nytimes.com/2005/12/18/realestate/18habi.html >. Blake, Peter. Mies van der Rohe: Architecture and Structure. Harmondsworth: Penguin, 1963 (1960). Burton, Robert. The Anatomy of Melancholy, vol. II. Eds. Nicolas K. Kiessling, Thomas C. Faulkner and Rhonda L. Blair. Oxford: Clarendon, 1995 (1610). Campbell, Margaret. “What Tuberculosis Did for Modernism: The Influence of a Curative Environment on Modernist Design and Architecture.” Medical History 49 (2005): 463–488. “Corbusierismus”. Art. Time 4 Nov. 1935. 18 Aug. 2009 < http://www.time.com/time/magazine/article/0,9171,755279,00.html >. De Botton, Alain. The Architecture of Happiness. London: Penguin, 2006. Farnsworth, Edith. ‘Chapter 13’, Memoirs. Unpublished journals in three notebooks, Farnsworth Collection, Newberry Library, Chicago, unpaginated (17pp). 29 Jan. 2009 < http://www.farnsworthhouse.org/pdf/edith_journal.pdf >. Farr, Finis. Frank Lloyd Wright: A Biography. New York: Charles Scribner’s Sons, 1961. Friedman, Alice T. Women and the Making of the Modern House: A Social and Architectural History. New York: Harry N. Abrams, 1998. Gordon, Elizabeth. “The Threat to the Next America.” House Beautiful 95.4 (1953): 126-30, 250-51. Excerpts reproduced in Friedman. Women and the Making of the Modern House. 140-141. Hardarson, Ævar. “All Good Architecture Leaks—Witticism or Word of Wisdom?” Proceedings of the CIB Joint Symposium 13-16 June 2005, Helsinki < http://www.metamorfose.ntnu.no/Artikler/Hardarson_all_good_architecture_leaks.pdf >. Huck, Peter. “Gehry’s Hall Feels Heat.” The Age 1 March 2004. 22 Aug. 2009 < http://www.theage.com.au/articles/2004/02 /27/1077676955090.html >. Lipman, Jonathan. Frank Lloyd Wright and the Johnson Wax Buildings. Introduction by Kenneth Frampton. London: Architectural Press, 1984. Murphy, Kevin D. “The Villa Savoye and the Modernist Historic Monument.” Journal of the Society of Architectural Historians 61.1 (2002): 68-89. “New L.A. Concert Hall Raises Temperatures of Neighbours.” USA Today 24 Feb. 2004. 24 Aug. 2009 < http://www.usatoday.com/news/nation/2004-02-24-concert-hall_x.htm >. Owens, Mitchell. “A Wright House, Not a Shrine.” New York Times 25 July 1996. 30 July 2009 . Sbriglio, Jacques. Le Corbusier: La Villa Savoye, The Villa Savoye. Paris: Fondation Le Corbusier; Basel: Birkhäuser, 1999. Schiler, Marc, and Elizabeth Valmont. “Microclimatic Impact: Glare around the Walt Disney Concert Hall.” 2005. 24 Aug. 2009 < http://www.sbse.org/awards/docs/2005/1187.pdf >. Vandenberg, Maritz. Farnsworth House. Ludwig Mies van der Rohe. Foreword by Lord Peter Palumbo. London: Phaidon Press, 2003. Wright, Frank Lloyd. An Autobiography. New York: Duell, Sloan and Pearce, 1943.