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This page lists things that we have written; for a list of things written by other people, see our readings page.
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1: The Challenges of Complex IT Projects (Report from the Royal Academy of Engineering and the British Computer Society; John McDermid was one of the co-authors).
2: Complexity and Emergent Behaviour in ICT Systems (UK Government Office of Science and Technology briefing paper; Dave Cliff was one of the co-authors).
Short executive summaries of specific aspects of our work, suitable for non-expert readers.
1: Quantitative Analysis, with an example from cluster dependability.
6: Working Paper: Coping with Failure.
Longer papers and reports produced by members of the LSCITS team, not yet published elsewhere.
Click on the hotlinks below to download copies of our papers. If it's not a hotlink, you'll need to get it from the publisher, or one of the authors.
J. Cartlidge, (2014), "Trading experiments using financial agents in a simulated cloud computing commodity martket". In Proceedings of 6th International Conference on Agents and Artificial Intelligence, Vol.2 - Agents (ICAART-2014). B. Duval, J. van Herik, S.Loiseau & J. Filipe, Eds.Angers, France: SciTePress, March 2014, pp. 311-317.
J. Cartlidge & P. Clamp, (In press), "Correcting a financial brokerage model for cloud computing: closing the window of opportunity for commercialisation". To apprear in SpringerOpen's Journal of Cloud Computing: Advances, Systems and Applications.
S. Stotter, J. Cartlidge & D. Cliff, (In press), "Behavioural investigations of financial trading agents using Exchange Portal (ExPo)". To appear in Springer's LNCS Transactions on Computational Collective Intelligence (TCCI), special edition selected papers from ICAART-2013.
G. Baxter, and I. Sommerville. (Accepted for publication). "Evaluating emergency preparedness: Using responsibility models to identify vulnerabilities". To appear in A. Stedmon & G. Lawson (Eds.) Counter-terrorism & Hostile Intent: Human Factors Theory and Application. Ashgate.
A. Burkimsher, I. Bate, L.Soares Indrusiak. "Scheduling HPC workflows for responsiveness and fairness with networking delays and inaccurate estimates of execution times".
J. Cartlidge and D Cliff, "Comparison of Cloud Middleware Protocols and Subscription Network Topologies using CReST, the Cloud Research Simulation Toolkit," To appear in Proceedings of 3rd International Conference on Cloud Computing and Services Science (CLOSER-2013). Aachen, Germany: SciTePress, May 2013.
T. Chen, V. Forejt, M. Kwiatkowska, D. Parker and A. Simaitis. "PRISM-games: A Model Checker for Stochastic Multi-Player Games". In proceedings 9th International Conference on Tools and Algorithms for the Construction and Analysis of Systems (TACAS'13), Springer. To appear 2013.
T.Chen, M. Kwiatkowska, A. Simaitis and C. Wiltsche, "Synthesis for Multi-Objective Stochastic Games: An Application to Autonomous Urban Driving". In Proceedings. QEST. To appear 2013.
T. Chen, E. M. Hahn, T. Han, M. Kwiatkowska, H. Qu and L. Zhang, "Model Repair for Markov Decision Processes". In TASE, IEEE. To appear 2013.
T. Chen, V. Forejt, M. Kwiatkowska, D. Parker and A. Simaitis, "Automatic Verification of Competitive Stochastic Systems". Formal Methods in System Design, pages 1-32, Springer. February 2013.
P. Clamp & J. Cartlidge, (2013) "Pricing the cloud: An adaptive brokerage fro cloud computing", in Proceedings of 5th International Conference on Advances in System Simulation (SIMUL-2013). M Bauer & P. Lorenz, Eds. Venice, Italy: IARIA XPS Press, Oct 2013, pp113-121.
M. Haghighi, "An End-to-End Middleware Solution with Multiple Concurrent Applications Support for Wireless Body Area Networks", 6th IEEE International Conference on Computational Intelligence and Applications, July 2013, Hiroshima, Japan.
M. Haghighi, M.Bocian, O. Oddbjornssson, J.H.G. Macdonald, J.F. Burn,"Synchronous Data Acquisition from Large-scale Clustered Wireless Sensor Networks". Accepted at the 10th IEEE Vehicular Technology Society Asia Pacific Wireless Communications Symposium APWCS, August 2013.
W. Lunniss, S. Altmeyer, C. Maiza, R.I. Davis, "Integrating Cache Related Pre-emption Delay Analysis into EDF Scheduling". In proceedings 19th IEEE Conference on Real-Time and Embedded Technology and Applications (RTAS'13), April 9 - 11, 2013, pages 75-84.
M. Meadows and D. Cliff, "The Relative Disagreement model of opinion dynamics - Where do extremists come from?". IWSOS 2013.
D. Perez-Palacin, R. Calinescu and J. Merseguer, "log2cloud: Log-based prediction of cost-performance trade-offs for cloud deployments", 28th ACM Symposium on Applied Computing, 2013. To appear.
J. Reich, M. Naylor and C. Runciman "Advances in Lazy SmallCheck". Springer LNCS series, Title: Implementation and Application of Functional Languages. Editor: Hinze, Ralf. 2013 To appear.
F.E. Ritter, G.D.Baxter and E.F. Churchill. "Foundations for Designing User Centered Systems". Book manuscript accepted for publication by Springer. To appear.
F.E.Ritter, G.D.Baxter, J. Kim and S. Srinivasmurthy. "Learning and Retention". In J. Lee and A. Kirlik (Eds) The Oxford Handbook of Cognitive Engineering . pages 125-142. New York, NY: Oxford 2013.
S. Stotter, J. Cartlidge, and D. Cliff "Exploring Assignment-Adaptive Trading Agents in Financial Market Experiments" In Proceedings of the Fifth International Conference on Agents and Artificial Intelligence (ICAART-2013), Eds: J. Filipe and A. Fred. Barcelona, Spain: SciTePress, Feb 2013, pp77-88. *Best Student Paper Award.
K. Barmpis, D.S. Kolovos: "Comparative Analysis of Data Persistence Technologies for Large-Scale Models". XM 2012 Extreme Modeling Workshop, Innsbruck, Austria, 2012.
G. Baxter & I. Sommerville. (2012) "Socio-technical systems engineering". In proceedings of 4th International conference on human factors and ergonomics (AHFE). USA Publishing. Pages 5790 - 5799.
F.R. Burton, R.F. Paige, L.M. Rose, D.S. Kolovos, S.M. Poulding, S. Smith : "Solving Acquisition Problems Using Model-Driven Engineering". ECMFA 2012: pp 428-443.
R. Calinescu, D. Garlan (Eds) "Large-Scale Complex IT Systems. Development, Operation and Management". 17th Monterey Workshop 2012, Oxford, UK. March 19-21 2012. Volume 7539 of Lecture Notes in Computer Science, Springer-Verlag, Berlin, Heidelburg 2012.
R. Calinescu, K. Johnson, S. Kikuchi. 2012. "Compositional Reverification of Probabilistic Safety Properties for Large-Scale Complex IT Systems". In Large-Scale Complex IT Systems - Development, Operation and Management, Volume 7539 of Lecture Notes in Computer Science, Springer. To appear.
R. Calinescu, C. Ghezzi, M. Kwiatkowska, R. Mirandola. 2012. "Self-Adaptive Software Needs Quantitative Verification at Runtime". Communications of the ACM, vol. 55, No. 9 (September 2012).
J. Cartlidge, C. Szostek, M. De Luca, & D. Cliff, (2012), "Too fast too furious: faster financial-market trading agents can give less efficient markets", in Proc. 4th Int. Conf. Agents and Artif. Intelligence, Vol. 2 - Agents (ICAART-2012), J. Filipe & A. Fred, Eds.
Vilamoura, Portugal: SciTePress - Science and Technology Publications, Feb. 2012, pp. 126-135. doi:10.5220/0003720301260135 (10 pages, approx. 7,500 words).
T. Chen, K. Draeger, S. Kiefer. "Model Checking Stochastic Branching Processes". In Proceedings of 37th International Symposium on Mathematical Foundations of Computer Science (MFCS), volume 7464 of LNCS, Springer. To appear. 2012.
T. Chen, V. Forejt, M. Kwiatkowska, A. Simaitis, A. Trivedi and M. Ummels. "Playing Stochastic Games Precisely". In 23rd International Conference on Concurrency Theory (CONCUR'12), volume 7454 of LNCS, pages 348-363, Springer. 2012.
T. Chen, V Forejt, M. Kwiatkowska, D. Parket and A. Simaitis. "Automatic Verification of Competitive Stochastic Systems". In Proceeding of 18th International Conference on Tools and Algorithms for the Construction and Analysis of Systems (TACAS'12), volume 7214 of LNCS, pages 315-330, Springer. March 2012.
C. Chilton, M. Kwiatkowska, and X. Wang. "Revisiting Timed Specification Theories: A Linear-Time Perspective". In Proceedings of 10th International Conference on Formal Modeling and Analysis of TImed Systems (FORMATS'12), Eds: M.Jurdzinski and D. Nickovic. Springer 2012.
D. Cliff (2012) "Regulatory Scrutiny of Algorithmic Trading Systems: An Assessment of the Feasibility and Potential Economic Impact". Foresight Economic Impact Assessment EIA16, UK Government Office for Science, Crown Copyright.
D. Cliff (2012) "Market-Making Obligations and Algorithmic Trading Systems: A Feasibility Assessment of the March 2012 draft of MiFID2 Article 17(3)". Foresight Economic Impact Assessment EIA19, UK Government Office for Science, Crown Copyright.
K.Draeger and M.Kwiatkowska, "Towards Communication-Based Steering of Complex Distributed Systems". To appear in: Development, Operation and Management of Large-Scale Complex IT Systems. Volume 7539 of Lecture Notes in Computer Science, R. Calinescu and D. Garlan (eds.), Springer, Berlin/Heidelberg, 2012.
V. Forejt, M. Kwiatkowska, D. Parker, H. Qu and M. Ujma. "Incremental Runtime Verification of Probabilistic Systems". In Proceedings of 3rd International Conference on Runtime Verification 9RV'12), Springer. To appear. September 2012.
H.A. Ghazzawi, I. Bate, and L.S. Indrusiak. "A Control-Theoretic Approach to Workflow Management". In proceedings of IEEE 17th International Conference on Engineering of Complex Computer Systems (ICECCS), pp 280-280, 2012.
H.A. Ghazzawi, I. Bate, and L.S. Indrusiak. "MPC vs. PID Controllers in Multi-CPU Multi-Objective Real-Time Scheduling Systems". In Proceedings of The UK Electronics Forum (UKEF), pp 77-83, 2012.
J. Keen, "What Is a Care Pathway?". ICSE Software Engineering in Health Care workshop, Zurich, June 2012.
J. Keen "What Is a Care Pathway?", 17th Monterey Workshop, March 2012. Published by Springer LNCS 7539, Eds: R.Calinescu & D. Garlan 2012.
J. Keen, "Information Technologies, Innovation and Health Care: A Meta-Governance Perspective" presented at the IRSPM Sunrise Conference at Roskilde University, Denmark, November 2012.
J. Keen, R.Calinescu, R.Paige & J. Rooksby, "Big Data + Politics = Open Data: The Case of Health Care Datasets", paper submitted to the journal Policy and Internet, 2012.
D.S. Kolovos, L.M. Rose, N. Matragkas, J.R. Williams and R.F. Paige. "A Lightweight Approach for Managing XML Documents with MDE Languages". Proceedings of the Eighth European Conference on Modelling Foundations and Applications (to appear), July 2012, Lyngby, Denmark.
M. Kwiatkowska, D. Parker, H. Qu, and M. Ujma. "On Incremental Quantitative Verification for Probabilistic Systems". In Proceedings of High-Order Workshop on Automated Runtime verification and Debugging. To appear. 2012.
M. Kwiatkowska, G. Norman and D. Parker. "The PRISM Benchmark Suite". In Proceedings of 9th International Conference on Quantitative Evaluation of Systems (QEST'12), pages 203-204, IEEE CS Press. September 2012.
M. Kwiatkowska and D. Parker. "Advances in Probabilistic Model Checking". In Software Safety and Security - Tools for Analysis and Verification, volume 33 of NATO Science for Peace and Security Series- D: Information and Communication Security, pages 126-151, IOS Press. June 2012.
J. McDermid. "The Risks of LSCITS: The Odds Are Stacked Against Us." In Large-Scale Complex IT Systems: Development, Operation and Management. LNCS 7359, Eds: R. Calinescu and D. Garlan, Springer 2012. Pages 94-117.
M. Meadows and D. Cliff. "Re-examining the Relative Agreement Model of Opinion Dynamics". In Journal of Artificial Societies and Social Simulation". 15(4):4. 2012.
C. Musselle. "Rethinking Concepts of the Dendritic Cell Algorithm for Multiple Data Stream Analysis". 11th International Conference on Artificial Immune Systems (ICARIS), 2012 To appear.
J. Reich, M. Naylor and C. Runciman. "Lazy generation of canonical test programs". In Implementation and Application of Functional Languages (IFL 2011, Revised Selected Papers, pages 69-84. Springer: LNCS 7257, 2012.
O. Rogers, D. Cliff (2012). "Forecasting Demand for Cloud Computing Resources: An agent-based simulation of a two tiered approach". Proceedings of the 4th International Conference on Agents and Artificial Intelligence.
O. Rogers and D. Cliff. "The Use of Provision Point Contracts for Improving Cloud Infrastructure Utilisation." Economics of Grids, Clouds, Systems, and Services (2012): 16-28.
J.R.N. Rooksby and I. Sommerville. "The Management and Use of Social Network Sites in a Government Department". In Computer Supported Cooperative Work - The Journal of Collaborative Computing, 2012.
J.R. Williams, F.R. Burton, R.F. Paige and F.A.C. Polack. "Sensitivity Analysis in Model-Driven Engineering". Proceedings of the Fifteenth International Conference on Model Driven Engineering Languages and Systems (to appear), September 2012, Innsbruck, Austria.
J.R. Williams, R.F. Paige and F.A.C. Polack. "Searching for Model Migration Strategies", Models and Evolution Workshop, September 2012, Innsbruck, Austria.
L. Atkins, G. Aupy, D. Cole and K. Pruhs (2011). Speed Scaling to Manage Temperature, Springer, 2011.L. Atkins, G. Aupy, D. Cole and K. Pruhs (2011). Speed Scaling to Manage Temperature, Springer, 2011.
G. Baxter, & I. Sommerville. (2011). Responsibility modelling for resilience. In E. Hollnagel, E. Rigaud & D. Besnard (eds.), Proceedings of the fourth resilience engineering symposium (REIV), (pp. 22-28). Press des Mines, Paris: France.
R. Calinescu, L. Grunske, M. Kwiatkowska, R. Mirandola, G. Tamburrelli (2011). Dynamic QoS Management and Optimisation in Service-Based Systems. In: IEEE Transactions on Software Engineering.
R. Calinescu, S. Kikuchi (2011) — Formal Methods @ Runtime. In: Foundations of Computer Software. Modeling, Development, and Verification of Adaptive Systems, Lecture Notes in Computer Science, vol. 6662, 122-135, Springer.
R. Calinescu, S. Kikuchi and M. Kwiatkowska (2011). Formal Methods for the Development and Verification of Autonomic IT Systems. In Cong-Vinh, P. (ed.), Formal and Practical Aspects of Autonomic Computing and Networking: Specification, Development and Verification, IGI Global.
R. Calinescu, K. Johnson and Y. Rafiq (2011). Using observation ageing to improve Markovian model learning in QoS engineering. In: Proceedings of the 2nd ACM/SPEC International Conference on Performance Engineering, pp. 505-510.
R. Calinescu, S. Kikuchi (2011). Formal Methods @ Runtime. In: Modelling, Development and Verification of Adaptive Systems, volume 6662 of LNCS, Springer, 2011.
R. Calinescu (2011) — When the Requirements for Adaptation and High Integrity Meet. Invited paper at the 2011 ESEC/FSE Workshop on Assurances for Self-Adaptive Systems, ACM, New York, pp. 1-4.
J. Cartlidge & I. Sriram, (2011), Modelling resilience in cloud-scale data centres, in Proc. 23rd European Modeling & Simulation Symposium (EMSS-2011), A.G. Bruzzone et al., Eds. Rome, Italy: University of Genoa Press, Sep. 2011, Pages 299-307. (9 pages, approx. 6,000 words).
J. Cartlidge & S. Phelps (2011). Estimating demand for dynamic pricing in electronic markets. GSTF International Journal on Computing (JoC), vol. 1, no. 2, pp. 128–133, Feb, 2011. DOI: 10.5176_2010-2283_1.2.50, ISSN: 2010-2283.
D. Cliff & L. Northrop (2011). The Global Financial Markets: An Ultra-Large Scale Systems Perspective. Briefing paper for UK Government Office for Science Foresight project on The Future of Computer Trading in the Financial Markets.
D. Cliff, D. Brown, and P. Treleaven (2011). Technology Trends in the Financial Markets: A 2020 Vision. Briefing paper for UK Government Office for Science Foresight project on The Future of Computer Trading in the Financial Markets.
M. De Luca, D. Cliff (2011). Agent-Human Interactions in the Continuous Double Auction, Redux: Using the OpEx Lab-in-a-Box to explore ZIP and GDX, Proceedings of the 3rd International Conference on Agents and Artificial Intelligence.
L. Feng, M. Kwiatkowska and D. Parker (March 2011). Automated Learning of Probabilistic Assumptions for Compositional Reasoning In *Proc. 14th International Conference on Fundamental Approaches to Software Engineering (FASE'11)*, volume 6603 of LNCS, pages 2-17, Springer. Invited paper.
L. Feng, T.Han, M. Kwiatkowska and D. Parker (2011). Learning-based Compositional Verification for Synchronous Probabilistic Systems In Proc. 9th International Symposium on Automated Technology for Verification and Analysis (ATVA'11), to appear 2011.
X. Ge, R.F. Paige and J.A. McDermid. Failures of a Business Process in Enterprise Systems, in Proc. CENTERIS 2011, October 2011, Communications in Computer and Information Science, volume 219, Springer.
X. Ge, R.F. Paige and J.A. McDermid. Model-Based Failure Analysis of Business Processes, accepted and to appear in Proc. ICEIS 2011, June 2011, IEEE Press.
D. Greenwood, I. Sommerville - Using Network Analysis and Visualization to Analyze Problematic Enterprise Information Systems, 2011 International Journal of Knowledge and System Science, 2 (4).
K. Johnson, S. Reed and R. Calinescu (2011) — Specification and Quantitative Analysis of Probabilistic Cloud Deployment Patterns. In: Proceedings of the 7th Haifa Verification Conference (HVC 2011). To appear.
D.S. Kolovos, R.F. Paige, L.M. Rose and J.R. Williams. Integrated Model Management with Epsilon. Proceedings of the Seventh European Conference on Modelling Foundations and Applications, June 2011, Birmingham, UK.
R.F. Paige, A. Galloway, R. Charalambous, X. Ge and P.J. Brooke. (2011). High-Integrity Agile Processes for the Development of Safety-Critical Software, in International Journal on Critical Computer-Based Systems 2(2), Inderscience Press, 2011.
J.R. Williams and S. Poulding. Generating Models Using Metaheuristic Search.
R. Calinescu and M. Kwiatkowska (2010). Software Engineering Techniques for the Development of Systems of Systems. In C. Choppy & O. Sokolski (editors), Foundations of Computer Software. Future Trends and Techniques for Development, vol. 6026 of LNCS, pp. 59-82, Springer.
V. Forejt, M. Kwiatkowska, G. Norman and A. Trivedi (September 2010). Expected Reachability-Time Games. In K. Chatterjee and T. Henzinger (editors) Proceedings of 8th International Conference on Formal Modelling and Analysis of Timed Systems (FORMATS'10), volume 6246 of LNCS, pages 122--136, Springer.
X. Ge, R.F. Paige and J.A. McDermid (2010). An Iterative Approach for Development of Safety-Critical Software and Safety Arguments, in Proc. Agile 2010, IEEE Press, Nashville, Tennessee, August 2010.
X. Ge, R.F. Paige and J.A. McDermid (2010). Analysing System Failure Behaviours with PRISM, in Proc. Workshop on Model-Checking Secure and Reliable Systems (co-located with SSIRI 2010), IEEE Press, Singapore, June 2010.
H.A. Ghazzawi (2010). Scheduling Approaches for Large-Scale Complex Task Management. The Proceedings of the 2nd Large Scale Complex IT Systems (LSCITS) Postgraduate Workshop, 60-66.
D. Greenwood, A. Khajeh-Hosseini, & I. Sommerville, (2010). Towards a Multi-level Model of Conflict to Sensitise practitioners to the Socio-organisational Complexity of an IT Systems Development Project. Submitted to Journal of Information Technology.
A. Hernando, R. Sanz & R. Calinescu (2010). A Model-Based Approach to the Autonomic Management of Mobile Robot Resources. Proceedings of the Second International Conference on Adaptive and Self-adaptive Systems and Applications.
A. Khajeh-Hosseini, D. Greenwood & I. Sommerville (2010). Cloud Migration: A Case Study of Migrating an Enterprise IT System to IaaS. In Proc. The 3rd International Conference on Cloud Computing.
M. Kwiatkowska, G. Norman & A. Trivedi (2010). Quantitative Games on Probabilistic Timed Automata. Manuscript submitted to FOSSACS.
C. Musselle. "Insights into the Antigen Sampling Component of the Dendritic Cell Algorithm". In 9th International Conference on Artificial Immune Systems (ICARIS), volume 6209 of LNCS, pages 88–101. Springer Berlin Heidelberg, 2010.
M. Oriol, F. Ullah (2010). YETI on the cloud. In Testing In The Cloud (STITC) Workshop at ICST 2010.
O. Rogers, D. Cliff (2010). The Effect of Market Demand on Truthfulness in a Computing Resource Options Market, Proceedings of the 3rd International Conference on Agents and Artificial Intelligence.
J. Rooksby. Social Networking and the Home Office. Unpublished report.
M. Oriol & S. Tassis (2010). Testing .NET Code with YETI. Submitted to Fifteenth IEEE International Conference on Engineering of Complex Computer Systems (ICECCS 2010).
A. Trivedi and D. Wojtczak (2010). Recursive Timed Automata. In A. Boujjani and W-N Chin (editors) Proc. of 8th International Symposium on Automated Technology for Verification and Analysis (ATVA'10), volume 6252 of LNCS, pages 306-324, Springer.
A. Trivedi and D. Wojtczak (2010). Timed Branching Processes. In Proc. of 7th International Conference on Quantitative Evaluation of Systems (QEST'10), pages 219--228, IEEE Computer Society.
Y. Wei, S. Gebhardt, B. Meyer, & M. Oriol (2010). Satisfying Test Preconditions through Guided Object Selection. Submitted to International Conference on Software Testing (ICST 2010).
J.R. Williams, F.A.C. Polack & R.F. Paige (2010). Formal Analysis in Model Management: Exploiting the Power of CZT, To appear in Proc. ASM, Alloy, B and Z (ABZ) 2010, Oxford, Quebec, Canada, February 2010, LNCS, Springer-Verlag.
M. Buscher, J. O'Neill, and J.Rooksby (2009). Designing for Diagnosing:Introduction to the Special Issue on Diagnostic Work. Journal of Computer Supported Cooperative Work, 18(2-3):109-128, 2009.
R. Calinescu and M. Kwiatkowska (2009). Using Quantitative Analysis to Implement Autonomic IT Systems. In Proc. 31st International Conference on Software Engineering (ICSE 2009). Pages 100-110, IEEE Press, 2009.
R. Calinescu (2009). Resource-Definition Policies for Autonomic Computing. In Proceedings of the 5th International Conference on Autonomic and Autonomous Systems (ICAS 2009), Valencia, Spain, April 2009.
R. Calinescu & M. Kwiatkowska (2009). CADS*: Computer-Aided Development of Self-* Systems. In Proc. 12th International Conference on Fundamental Approaches to Software Engineering (FASE 2009). Pages 421-424, 2009.
R. Calinescu (2009). Reconfigurable Service-Oriented Architecture for Autonomic Computing, International Journal On Advances in Intelligent Systems, 2(1):38-57. June 2009.
R. Calinescu (2009). General-Purpose Autonomic Computing. In: M. K. Denko, L. T. Yang & Y Zhang, editors, Autonomic Computing and Networking pages 3-29. Springer, 2009.
R. Calinescu (2009). Runtime Connector Synthesis for Autonomic Systems of Systems, International Journal on Advances in Intelligent Systems, 2(2-3):376-386, 2009.
I. Ciupa, A. Pretschner, M. Oriol, A. Leitner, & B. Meyer (2009). On the Number and Nature of Faults Found by Random Testing. Accepted for publication in: Software Testing, Verification and Reliability, Wiley InterScience, 2009.
D. Cliff (2009). ZIP60: Further Explorations in the Evolutionary Design of Trader Agents and Online Auction-Market Mechanisms. IEEE Transactions on Evolutionary Computation. 13(1):3-18, 2009.
X. Ge, R.F. Paige & J. McDermid (2009). Probabilistic Failure Propagation and Transformation Analysis, in Proc. 28th International Conference on Computer Safety, Reliability and Security (SAFECOMP) 2009, LNCS 5775, page 215-227, Springer-Verlag. Hamburg, Germany, September 14-18, 2009.
X. Ge, R.F. Paige & J. McDermid (2009). Domain analysis on an Electronic Health Records System, in Proc. 1st International Workshop on Feature-Oriented Software Development (FOSD), co-located with MoDELS/UML 2009, Denver, Colorado, October 2009.
A. Hild (2009). Coordination and Large-Scale Complex IT Systems: A Preliminary Literature Review and Exploration Unpublished manuscript, to be submitted, 2009.
M. Jurdzinski, M. Kwiatkowska, G. Norman & A. Trivedi (2009). Concavely-Priced Probabilistic Timed Automata. In Proc. of 20th International Conference on Concurrency Theory (CONCUR). September 2009.
Z. Kurd et al. (2009). LSCITS Research on Analysis and Verification of Complex Systems. Unpublished manuscript.
Z. Kurd, T. Kelly, J. McDermid, R. Calinescu & M. Kwiatkowska (2009). Establishing a Framework for Dynamic Risk Management in 'Intelligent' Aero-Engine Control. In Proceedings of 28th International Conference on Computer Safety, Reliability, and Security (Safecomp2009) LNCS, Springer, 2009.
Z. Kurd, T. Kelly, J. McDermid, R. Calinescu & M. Kwiatkowska (2009). Toward a Self-Management Architecture for Dynamic Risk Management in 'Intelligent' Aero-Engine Control. IET System Safety, London, 2009.
M. Kwiatkowska(2009). On Quantitative Software Verification. In C. Pasareanu (editor)Proc. 16th International SPIN Workshop. LNCS 5578, Springer, June 2009.
A. Leitner, A. Pretschner, S. Mori, B. Meyer, & M. Oriol (2009). On the Effectiveness of Test Extraction Without Overhead. In Proceedings Second International Conference On Software Testing, Verification And Validation (ICST 2009).
M. Oriol & B. Meyer (2009). Objects, Components, Models and Patterns, Proceedings of 47th International Conference, TOOLS EUROPE 2009, Zurich, Switzerland, June 29-July 3, 2009, Lecture Notes in Business Information Processing , Vol. 33.
M. Oriol, W. Cazzola, S. Chiba, & G. Saake (2009). Enabling Software Evolution via AOP and Reflection. ACM Digital Library, Workshop of the European Conference on Object-Oriented Programming (ECOOP'09), 2009.
M. Pedroni, M. Oriol, & B. Meyer (2009). Student Diversity in CS1. In European Computer Science Summit (ECSS 2009), 2009. Extended Version Paper.
M. Piccioni, M. Oriol, B. Meyer, & T. Schneider (2009). An IDE-based, integrated solution to Schema Evolution of Object-Oriented Software. In Proc. 24th IEEE/ACM International Conference on Automated Software Engineering (ASE 2009), 2009.
J. Rooksby, G. Baxter, D. Cliff, D. Greenwood, N. Harvey, A. Kahn, J. Keen, & I. Sommerville (2009). Social Networking and the Workplace. Unpublished manuscript.
D. Salah, H. Petrie & R.F. Paige (2009). Towards a Framework for Bridging User-Centred Design and Agile Software Development Processes, in Proc. 3rd Irish HCI Conference 2009, September 2009.
I. Sriram (2009). SPECI: a Simulation Tool Exploring Cloud-Scale Data Centres, in: M. Jaatun, G. Zhao, & C. Rong (Eds.), Proceedings CloudCom 2009, LNCS 5931, pp. 381-392. Springer-Verlag, 2009.
F. Torshizi, J.S. Ostroff, R.F. Paige & M. Chechik (2009). The SCOOP Concurrency Model in Java-like Languages, in Proc. Communicating Process Architectures 2009, IOS, Eindhoven, the Netherlands, November 2009.
M. Wahler, S. Richter, M. Oriol (2009). Dynamic Software Updates for Real-Time Systems. In Second ACM Workshop on Hot Topics in Software Upgrades (HotSWUp'09).
R. Calinescu & M. Kwiatkowska (2008). Software Engineering Techniques for the Development of Systems of Systems. In Proc. 15th Monterey Workshop on Foundations of Computer Software, pages 86--93. September 2008.
R. Calinescu (2008). Implementation of a Generic Autonomic Framework. In D. Greenwood et al. (eds) Proc. 4th International Conference on Autonomic and Autonomous Systems (ICAS 2008), pages 124-129, IEEE CS Press. March 2008.
T. Cassey (2008). Hypothesis Testing and Resource Allocation. Report from a one-month LSCITS-funded research intern post, November 2008.
D. Cliff, C. O'Malley, & J. Taylor (June 2008). Future Issues in Socio-Technical Change for UK Education. Briefing paper for UK Government Department of Children, Schools, and Families (DCSF) 'Beyond Current Horizons' project.
M. Jurdzinski & A. Trivedi (2008). Average-Time Games. In Foundations of Software Technology and Theoretical Computer Science. To appear, 2008.
M. Kwiatkowska, "Introduction". Philosophical Transactions of the Royal Society A, 366(1881), pages 3665-3668. Discussion Meeting Issue 'From computers to ubiquitous computing, by 2020'. November 2008.
M. Kwiatkowska, T. Rodden and V. Sassone (editors) "From Computers to Ubiquitous Computing by 2020". Volume 366 of Philosophical Transactions of the Royal Society A. Royal Society. Discussion Meeting Issue. November 2008.
Martin D, Rooksby J, Rouncefield M, Sommerville I (2008). Cooperative Work in Software Testing. Proceedings of Cooperative and Human Aspects of Software Engineering (CHASE), 13 May 2008, Leipzig, Germany. 93-96.
R.F. Paige, R. Charalambous, X. Ge & P.J. Brooke (2008). Towards Agile Development of High-Integrity Systems, in Proc. 27th International Conference on Computer Safety, Reliability and Security (SAFECOMP) 2008, LNCS, Springer-Verlag, Newcastle, UK, September 2008.
R.F. Paige, L.M. Rose, X. Ge, D.S. Kolovos & P.J. Brooke(2008). Automated Safety Analysis for Domain-Specific Languages, in Proc. Workshop on Non-Functional System Properties in Domain Specific Modeling Languages, co-located with MoDELS '08, Toulouse, France, September 2008.
T. Zang, R. Calinescu, S. Harris, A. Tsui, M. Kwiatkowska, J. Gibbons, J. Davies, P. Maccallum & C. Caldas (May 2008). WSRF-Based Modeling of Clinical Trial Information for Collaborative Cancer Research. In Proc. 8th IEEE International Symposium on Cluster Computing and the Grid (CCGRID'08), IEEE Press.
M. Kwiatkowska. "Quantitative Verification: Models, Techniques and Tools". In Proc. 6th joint meeting of the European Software Engineering Conference and the ACM SIGSOFT Symposium on the Foundations of Software Engineering (ESEC/FSE), pages 449-458, ACM Press. September 2007.

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Nicklaus, Jack. My Golden Lessons. 100-Plus Ways to Improve Your Shots, Lower your Scores, and Enjoy Golf Much, Much More. New York. Simon and Schuster. 2002. Octavo. Hard cover. First edition. Illustrated in black, white and color. Fine copy in fine dust jacket (in mylar).
Nielsen, Leslie. Bad Golf, My Way. Photo available. New York. Doubleday and Co. 1996. Octavo. Hardcover. First edition. Illustrated. Fine (owner inscription on end paper) copy in fine dust jacket (in mylar).
Nielsen, Leslie. Bad Golf, My Way. Photo available. New York. Doubleday and Co. 1996. Octavo. Hardcover. First edition. Full number line. Illustrated. Fine copy in fine dust jacket (in mylar).
Noir, Jacques Ph.D. Casino Holiday. Lake Tahoe Slot Machine Guide. Photo available. Berkeley. Self published. Oxford Press. 1968. 203 pps. Octavo. Hardcover. First edition. Illustrated in black, white and color. Important reference work. Scarce. Fine copy in near fine (very light shelf wear) dust jacket (in mylar).
Nolte, Volker. Rowing Faster. Training, Rigging, Technique, Racing. Champaign. Human Kinetics. 2005. Octavo. Soft cover. First edition. Illustrated. Important reference work. Fine copy.
Nonte, George C., Jr. Black Powder Guide. The Complete Guide to Muzzle-loading Rifles, Pistols, and Shotguns - Flintlock and Percussion. Photo available. South Hackensack. Stoeger. 1969. 214 pps. 4to. Soft cover. First edition. Illustrated. Important reference work. Near fine copy (very light shelf wear).
Nonte, George. Firearms Encyclopedia. New York. Outdoor Life. 1973. 341 pps. Octavo. Hardcover. First edition. Illustrated in color and black & white. Fine copy in fine dust jacket (in mylar).
Nonte, George. Firearms Encyclopedia. New York. Outdoor Life. 1977. 341 pps. Octavo. Hardcover. Reprint. Illustrated in color and black & white. Fine copy in near fine dust jacket (in mylar).
Noren, Arthur. Softball. New York. A.S. Barnes Publishing. 1940. 108 pps. Octavo. Hardcover. Reprint. Illustrated. Fine copy in edge chipped and faded dust jacket (in mylar).
Norgay, Jamling Tenzing. Touching My Father's Soul. A Sherpa's Journey to the Top of Everest. Photo available. San Francisco. Harper. 2001. 314 pps. Octavo. Hardcover. First edition. Illustrated in color and black & white. Fine copy in fine dust jacket (in mylar).
Norman, Geoffrey. Two for the Summit. My Daughter, the Mountains, and Me. Photo available. New York. Dutton. 2000. Octavo. Hard cover. First edition. Fine copy in fine dust jacket (in mylar).
Norman, Greg. Advanced Golf. Boston. Charles E. Tuttle. 1996. 4to. Soft cover. Illustrated in black, white and color. Fine copy.
Norman, Greg. Greg Norman's Instant Lessons. One Hundred Wasy to Shave Strokes Off Your Golf Game. New York. Simon and Schuster. 1993. Octavo. Hard cover. First edition. Illustrated in black, white and color. Fine copy in fine dust jacket (in mylar).
Norman, Greg. Shark Attack! Greg Norman's Guide to Aggressive Golf. New York. Fireside. 1988. 256 pps. Octavo. Soft cover. Reprint. Illustrated. Fine copy.
Norris, Anne. Driving. How to Drive and How Not to Drive. Photo available. London. J.A. Allen. 1987. Octavo. Soft cover. Reprint. Illustrated. Fine copy.
O'Neil, Terry. The Game Behind the Game. High Stakes, High Pressure in Television Sports. New York. Harper & Row. 1989. 291 pps. Octavo. Hardcover. First edition. Illustrated. Fine copy in fine dust jacket (in mylar).
Odd, Gilbert. Encyclopedia of Boxing. Photo available. New York. Crescent Books. 1983. 192 pps. 4to. Hardcover. First edition. Illustrated. Fine copy in near fine (very light shelf wear) dust jacket (in mylar).

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This is a class action for injunctive and declaratory relief by a child and mother whose husband is away from home on military duty, challenging the validity of California's Department of Social Welfare Regulation EAS § 42-350.11, pursuant to which they had been denied Aid to Families With Dependent Children (AFDC) benefits. Though California incorporates in its AFDC eligibility provisions the "continued absence" concept of the Social Security Act, under which a dependent child "deprived of parental support . . . by reason of [a parent's] continued absence from the home," is deemed eligible for AFDC benefits, EAS § 42-350.11 excludes absence because of military service from the definition of "continued absence." The District Court granted the relief sought.
Held: Section 402(a)(10) of the Social Security Act imposes on each State participating in the AFDC program the requirement that benefits "shall be furnished with reasonable promptness to all eligible individuals." Under the Act, the eligibility criterion of "continued absence" of a parent from the home means that the parent may be absent for any reason. Consequently, that criterion applies to one who is absent by reason of military service, and California's definition is invalid under the Supremacy Clause. Pp. 600-604.
DOUGLAS, J., delivered the opinion for a unanimous Court. BURGER, C.J., filed a concurring opinion, post, p. 406 U. S. 604.
Appellees are mother and child. The husband enlisted in the United States Army and served in Vietnam. The mother applied for Aid to Families With Dependent Children (AFDC) benefits at a time when the amount of the monthly allotment she received by virtue of her husband's military service was less than her "need" as computed by the California agency and less than the monthly AFDC grant an adult with one child receives in California. She was denied relief. Although the Social Security Act, 42 U.S.C. §§ 301-1394, grants aid to families with "dependent children," and includes in the term "dependent child" one "who has been deprived of parental support or care by reason of . . . continued absence from the home," 42 U.S.C. § 606(a), California construed "continued absence" as not including military absence. It is unquestioned that her child is, in fact, "needy."
When the husband's allotment check was stopped, appellee again applied for AFDC benefits. She again was denied the benefits, this time because California had adopted a regulation [Footnote 1] which specifically prohibited the payment of AFDC benefits to needy families where the absence of a parent was due to military service.
its enforcement on the ground that it conflicts with the Social Security Act and denies appellees the Fourteenth Amendment rights of due process and equal protection.
A three-judge District Court was convened, and, by a divided vote, granted the relief sought. 325 F.Supp. 1272. The case is here by appeal. 28 U.S.C. §§ 1253, 2101(b). We noted probable jurisdiction, 404 U.S. 1013.
"King v. Smith establishes that, at least in the absence of congressional authorization for the exclusion clearly evidenced from the Social Security Act or its legislative history, a state eligibility standard that excludes persons eligible for assistance under federal AFDC standards violates the Social Security Act, and is therefore invalid under the Supremacy Clause."
policy which permitted States to vary eligibility requirements from the federal standards without express or clearly implied congressional authorization. Ibid.
"under the age of twenty-one and (as determined by the State in accordance with standards prescribed by the Secretary [of HEW]) a student regularly attending a school, college, or university, or regularly attending a course of vocational or technical training designed to fit him for gainful employment."
Illinois had defined AFDC eligible dependent children to include 18-20-year-old high school or vocational school children, but not children of the same age group attending college. We held that § 606(a)(2)(b) precluded that classification, because it varied from the federal standard for needy dependent children. Involved in the present controversy is another eligibility criterion for federal matching funds set forth in the Act, namely the "continued absence" of a parent from the home. If California's definition conflicts with the federal criterion, then it, too, is invalid under the Supremacy Clause.
exist, the parent may be absent for any reason, and he may have left only recently or some time previously."
The Solicitor General advises us that, although HEW reads the term "continued absence" to permit the payment of federal matching funds to families where the parental absence is due to military service, it has approved state plans under which families in this category are not eligible for AFDC benefits. [Footnote 3] HEW has included "service in the armed forces or other military service" as an example of a situation falling under the above definition of "continued absence." HEW Handbook of Public Assistance Administration, pt. IV, § 3422.2.
Our difficulty with that position is that "continued absence from the home" accurately describes a parent on active military duty. The House Report speaks of children "in families lacking a father's support," H.R.Rep. No. 615, 74th Cong., 1st Sess., 10, and the Senate Report refers to "children in families which have been deprived of a father's support." S.Rep. No. 628, 74th Cong., 1st Sess., 17. While the Senate Report noted that "[t]hese are principally families with female heads who are widowed, divorced, or deserted," ibid., it was not stated or implied that eligibility by virtue of a parent's "continued absence" was limited to cases of divorce or desertion.
We agree that "continued absence" connotes, as HEW says, that "the parent may be absent for any reason." We search the Act in vain, moreover, for any authority to make "continued absence" into an accordion-like concept, applicable to some parents because of "continued absence," but not to others.
"has little control over his family's economic destiny. He has no labor union or other agency to look to as a means of persuading his employer to pay him a living wage. He is without access to collective bargaining, or any negotiating forum or other means of economic persuasion, or even the informal but concerted support of his fellow employees. He cannot quit his job and seek a better paying one. . . . [T]here is no action he could lawfully take to make his earnings adequate while putting in full time on his job. His was a kind of involuntary employment where legally he could do virtually nothing to improve the economic welfare of his family."
Kennedy v. Dept. of Public Assistance, 79 Wash.2d 728, 732-733, 489 P.2d 154, 157.
man who finds that family disqualified from receiving AFDC on the ground that he has removed himself from the possibility of receiving public work relief by voluntarily undertaking, for inadequate compensation, the defense of his country."
Id. at 571 n. 8. We cannot assume here, any more than we could in King v. Smith, supra, that, while Congress "intended to provide programs for the economic security and protection of all children," it also "intended arbitrarily to leave one class of destitute children entirely without meaningful protection." 392 U.S. at 392 U. S. 330. We are especially confident Congress could not have designed an Act leaving uncared for an entire class who became "needy children" because their fathers were in the Armed Services defending their country. We hold that there is no congressional authorization for States to exclude these so-called military orphans from AFDC benefits. Accordingly, we affirm the judgment of the three-judge court.
"When one parent is physically absent from the home on a temporary basis. Examples are visits, trips made in connection with current or prospective employment, active duty in the Armed Services."
The present record reveals that 22 States and the District of Columbia do furnish AFDC benefits to needy families of servicemen, while 19 States and Puerto Rico do not.
I join in the opinion and judgment of the Court, but on the assumption, not expressly articulated in the opinion, that a State may administratively deduct from its total "need payment" such amount as is being paid to the dependents under the military allotment system. It would be curious indeed if two "pockets" of the same government would be required to make duplicating payments for welfare. The administrative procedures to give effect to this process may be cumbersome, but the right of the State to avoid overlapping benefits for support should be clearly understood.


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Posted On August 2, 2000 by &filed under Andhra High Court, High Court.
1. All these writ petitions can be disposed of by a common judgment.
India. In WP Nos.30278 of 1998 and 3806 of 1998, similar reliefs were sought. The petitioners have sought for very ambitious relief, but in nut-shell their grievance is that they should be treated as the employees of the BHEL for the purpose of emoluments and for the purpose of terminal benefits and that the school should be directed to be run by the BHEL without closing down the school as welfare measure to the employees of the BHEL.
3. Other Writ Petitions are filed challenging the termination order passed by the BHEL School Committee by the BHEL Educational Society and termination order dated 25-2-2000 and for consequential relief of reinstatement into service and other benefits.
the BHEL to ensure continuity of service, gratuity, seniority etc. But, against the orders of the learned single Judge, the matter was carried in Writ Appeal Nos. 18905 of 1998 and 1828 of 1998 and there was a settlement between the parties. In view of this, writ appeals were disposed of in view of the settlement. However, it is the case of the petitioners that, the BHEL has been adopting the revengeful attitude. They developed an evil design by closing down the entire institution as the contempt proceedings were initiated against the highest officers of the company alleging that the orders of this Court were not complied with. Therefore, the management deliberately and intentionally started closing down the classes. In 1996-97 1st class was closed, in 1997-98 2nd class was closed and in 1998-99 3rd class was also closed. The admissions for class XI and XII for 1996-97 were closed. Thus the management has been closing down the classes with a principal aim of eliminating all the teachers and to close down the school once for all. The petitioners state that the ground of closing down the classes was deliberate and the assertions of the management that the students are not coming for admissions and that there is no required strength to maintain the classes was absolutely incorrect and it was only brought out for the purpose of terminating the services of the teachers. In fact there is heavy demand. Inspite of this, the management introduced voluntary retirement scheme which was accepted by some of the staff under various pressures, but there is no warrant for declaring the staff as surplus staff.
Education Society that the children are not coming for admissions, but at the same time, the children are being admitted to various other schools in BHEL complex. Therefore, the action of the respondents in closing down the classes is illegal and unwarranted.
6. The Writ Petition 9339 of 1999 and other writ petitions were filed by the teachers including the staff association challenging the orders of termination of various teachers. Apart from the averments which are made in WP No.29998 of 1998, it is stated that the action of the management in terminating the services is wholly arbitrary and offends Articles 14 and 21 of the Constitution of India. In effect, there is no depletion of strength and it has been intentionally caused by the management to see that the teachers are terminated on the ground of surplus staff. In a calculated move to close the school, such a step has been taken and therefore, the orders of termination are liable to be set aside and they are entitled for reinstatement with other benefits.
7. Separate counters have been filed by the BHEL and also the Education Society.
was study increase of the employees and consequently there was demand for schools. Initially, the school was managed by the committee and the entire short-fall between the expenditure and income was borne by the management of BHEL. The alleged ill will on account of Smt. Y. Padmavathi filing writ petition was wholly misconceived and not relevant. When the Society was constituted, a writ petition was filed and the same was disposed of with the directions against which the writ appeals were filed and there was a compromise between the petitioners and the Society. Therefore, it was closed. Hence, it is not open for them to contend that they are the employees of the BHEL. It is stated that the children of BHEL employees are at liberty to seek admission in any of the schools either in the township of BHEL or anywhere. The declining students strength is applicable to all the campus schools and it is a fact that in recent years, the availability of employees children for admission has been declining mainly due to the reason that there is no recruitment. It is also stated that large number of employees crossed the reproductivity age of 50 and most of the children are in colleges or married away apart from that number of employees have also taken voluntary retirement scheme, which worked out to 23%. Thus, there is a decline in the school going children.
In view of this, there is no other go except to terminate the services. Therefore, prayed to dismiss the writ petitions.
10. Though the writ petition is brimming with prolixity and when the chaff is cleared the following points would emerge for consideration of this Court.
(1) Whether the BHEL Education Society is a part of BHEL Organisation, if so, writ can be issued against the management of the society?
(2) Whether the termination of the services of the teachers working in BHEL higher secondary school was legal and valid?
children in the school and the school was being run under the management constituted under the registered bye-laws of the Society.
11. Some of the facts which are not in dispute can be separated before going to the intricacies of the case.
12. The BHEL is an Government of Undertaking registered under the Companies Act. It was established at Ramachandra Puram, Medak District in” or around 1960. It is engaged in the manufacture of Steam Turbines, Generators, Gas Turbines, Heat Exchanges, Condensers, Oil Rigs etc. In the initial stages when the project was established, there were no education facilities to the children of the BHEL employees and therefore, it was decided to start the educational institution as a welfare measure to the employees of BHEL and accordingly BHEL higher secondary school was started. The management of the school was entrusted to an independent body not connected with any of the department of the BHEL. The company had taken number of welfare measures including the education of the children in BHEL town ship. It has also permitted number of other schools to establish for providing both Central (CBSE) and State syllabus. There was study increase in the employees from 1965 onwards and hence the school established by the BHEL was running with full students complement.
to the facts and circumstances of the case and also in view of the extension of the said benefit by the Corporation itself since the filing of the writ petition, the question raised in this writ appeal is more or less of academic interest. Similar question may not arise again. Having regard to the facts and circumstances of the case, we also think that the relief granted is a just one.
“Both these writ appeals arise out of the order dated 13-10-1988 passed in WP No.8428 of 1985 disposing of the writ petition. The petitioners in the writ petition and some others have filed these writ appeals. The relief sought for in the writ petition is the issuance of writ of Mandamus declaring that the petitioners are the employees of the BHEL and restrain the respondents in the writ petition from compelling the petitioners to serve as employees of BHEL Education Society.
it has to be considered, whether the Education Society is an instrumentality of the State and whether it is amenable to writ jurisdiction of this Court. As already narrated, there is no finding that the staff working in the Education Society are the employees of BHEL and the events that took place from the establishment of the institution it is managed by a separate committee. May be the committee was composed by the officers of the BHEL, the memorandum of association of the company includes that it is also under obligation to provide welfare measure to the to employees. But, it cannot be said that any welfare measure provided would form an integral part of BHEL management and the persons employed in that process will be treated as employees of BHEL. The appointment of the teachers is done by the school committee, the salaries are paid by the school committee and the service conditions are framed by the school committee and the supervision and control is also done by the school committee, except the financial flow which is given from the BHEL management. Even after the registration of the Society, the same system was followed and it is not the case that all the actions or decisions taken by the Education Society are subject to the ratification by the management of the BHEL. For all practical purposes, the Education Society is an independent establishment except the financial autonomy. Even the BHEL management accepted that the finance are being arranged by the BHEL management as a welfare measure for the children of employees. The fact that separate conditions of service have been framed and they opted to become the employees of the Education Society, it is too late in the day to contend that the petitioners are the employees of BHEL Organisation. Mere financial flow from the BHEL to the welfare activities would not be construed that the Society is an integral part of BHEL Organisation. Hence, I have to reject the contention that the Education Society is a part of BHEL Organisation.
14. The question that falls for consideration is whether BHEL Education Society is an instrumentality of the State of an Agency of the Government. Whether a particular Corporation or a Society or a Company falls under the definition of ‘instrumentality of the State has been the subject matter of number of cases before Supreme Court. I need not refer to all these cases for the purpose of deciding the case on hand. The learned Counsel for the petitioner, however, strenuously relied on Ajay Hasia v. Khalid Mujib, , say that a society registered under the Societies Registration Act is an ‘authority’ within the meaning of Article 12 of the Constitution of India and, therefore, writ lies against the said Education Society. But before reaching Ajay Hasia ‘s case (supra), let University also consider other decisions rendered by the Supreme Court previous to this case.
was not an authority for the proposition that a Society registered under the Societies Registration Act, 1860 can never be regarded as an authority within the meaning of Article 12 of the Constitution of India. The Supreme Court further observed that having regard to the various features enumerated in the judgment in Sabhajit Tewary’s case (supra), the conclusion was reached that the CSIR was not an agency of the Government, but the Court did not rest its conclusion on the sole ground that CSIR was a Society registered under the Societies Registration Act, 1860.
the Corporation being an instrumentality or agency of Government”.
agency of the Government and that would have to be decided on a proper assessment of the facts in the light of the relevant factors. The concept of instrumentality or agency of the Government is not limited to a Corporation created by a statute but is equally applicable to a company or society, and in a given case it would have to be decided, on ‘a consideration of the relevant factors, whether the company or society is an instrumentality or agency of the Government so as to come-within the meaning of the expression “authority” in Article 12″.
17. There are other cases where the Corporations were registered under the Companies Act. In P.K. Ramachandra Iyer v. Union of India, , the issue was whether Indian Council of Agricultural Research (ICAR) an instrumentality of or the agency of the State. The Supreme Court held that the ICAR falls under the category of ‘authority’ on the ground that prior to constitution of ICAR, it was a department of the Government and after the constitution, it continued to discharge the same functions as that were discharged when it was a part of the Government. On this analogy, it was held that it was a ‘State’. It was held that the authorities were constituted under the provisions of the Statute and that such Corporations and the authorities would fall under the definition of ‘State’. But here in this case, we are only concerned with the Statutes of the society registered under the provisions of the Societies Registration Act.
and partly by gifts and donations from Indian and foreign agencies. The first President of the Society was the then Speaker of the Lok Sabha. Out of the five Vice-Presidents three were the then Central Ministers; the other two were the then Chief Justice of India and the Attorney-General. The objects of the Society were to provide for constitutional and Parliamentary studies, promotion of research in constitutional law, setting up of legislative research and reference service for the benefit of the Legislators, organisation of training programmes in matters of Parliamentary interest and importance and publication of a journal. The Supreme Court found that the ICPS was born as a voluntary organisation and though it receives substantial financial contribution from the State Government, but its objects were not governmental business. Thus, it was held that it was not a ‘State’.
19. In Sheela Barse v. Secretary, Children Aid Society, , the question arose was whether the Children Aid Society is a ‘State’ within the meaning of Article 12 of the Constitution of India. The Supreme Court observed that it is a Society registered under the Societies Registration Act and is treated as a public trust. It receives grants from the State and it was held that it falls within the meaning of Article 12 of the Constitution of India as it was undoubtedly an instrumentality of the State on the basis of the test laid down in various cases. It was also observed that the Society has to regulate its activities not only in accordance with the statutory requirements but also act in a manner satisfying the requirements of the Constitutional provisions in Articles 21 and 24 as also the Directive Principles of the State Policy.
Society was a ‘State’. The Supreme Court observed that the Sainik Schools Society was entirely funded by the State and the Central Governments and the over all control vested with the Governmental authority. The main object of the society was to run schools and prepare students for the purpose of feeding the National Defence Academy. The defence of the country was one of the regal functions of the State. Therefore, it was held that the society was a ‘State’ within the meaning of Article 12 of the Constitution of India and Article 14 of the Constitution of India was attracted.
“State” within the meaning of Article 12 of the Constitution. (See : (i) P.K. Ramachaudra Iyer v. Union of India, ; (ii) Central Inland Water Transport Corporation v. Brojonath Gangoli, ; and (iii) Tekraj Vasandhi alias K.L. Basandhi v. Union of India, )”.
The NCBRT was a Society registered under the Societies Registration Act. It has Memorandum of Association and Rules of internal management. Under clause 3.1 of the Memorandum of Association, the object of the Council was to assist and advise the Ministry of Education and Social Welfare in the implementation of its policies and major programmes in the field of education particularly school education. For achieving this object, it has to undertake several kinds of programmes and activities including coordination of research extension services and training, etc. Therefore, it was held that the NCERT was only an autonomous body and it does not have the features required to fit in the definition of ‘Instrumentality of the State’.
BHEL management at all. The Society is free to have in its membership any members from BHEL employees or outside. After the Society formation and take over of the school by the Society, there is absolutely no role played by BHEL in the affairs of the Society/school. The Society approaches the BHEL management only for financial aid for miming the school. The schools, income and expenditure statements, balance sheet efc., of the Society were maintained by the Society itself and duly audited and certified by outside auditors whereas BHEL is subject to audit by Government Audit and Statutory audit etc.
12. The salaries, allowances and benefits for the school staff are paid by this respondent Society only, from its own funds generated by the collection of tuition fees and also grants taken from BHEL. This does not give any administration or management control to BHEL as all decisions are taken by Society for the school. It is true, however, that the infrastructure, facilities like buildings, land, ground, etc., are provided by BHEL to this school and also to other schools in the campus, though they belong to various managements. The management of the schools are users of the infrastructure facilities only and not owners”.
Thus, it has to be seen that the Society was wholly managing and administering the school and taking decisions of its own without getting approval of the BHEL. The only part that is played by the BHEL management is that it finances the school to the extent of its deficit. The internal management of the society is run by the Managing Committee. It may be that the Managing Committee consisted of the Officers, but when the Officers are the members of the society, naturally they form the members of the Managing Committee.
But that would not make any difference in the eye of law. The question is whether it falls under ‘State’ or ‘other authority’ within the meaning of Article 12 of the Constitution of India. No material also has been placed by the petitioner to establish that it is under the supervision and control of the BHEL management or that it is under the purview of any statute so as to have a control of the authorities under the statute. It is as good as any other private Society for the purpose of imparting education to the children of the BHEL and also the outsiders. Simply because part of funds are being provided by the BHEL, it cannot be termed as ‘other authority’ for the purpose of Article 14 of the Constitution of India, Even if the accommodation and infrastructure facilities are provided by the BHEL, it would not be meant styling the Society as an ‘other authority’. It is in pursuance of one of the welfare measures, which is permissible under the Memorandum of Association of the Company, the institution was established. It is not a statutory requirement under any laws. The BHEL is a corporate body registered under the provisions of the Indian Companies Act. This Court silting under Article 226 of the Constitution of India cannot compel the corporation to enforce its Memorandum of Association or Articles of Association, even assuming that the welfare measures undertaken in pursuance of Memorandum of Association were not carried out. Therefore, if an agency is created to oversee the welfare activity under a State or its instrumentality, that agency cannot become an instrumentality by itself, unless it is clothed the features as observed by the Supreme Court in the cases referred to above. Of course it is engaged in the imparting of education to the students, but by that process, it cannot be said that it is an instrumentality of the State.
Rajasthan High Court in Ruby Joyce Charles v. Air Force School, 1999 (2) SLR 111, That was a case where the Society was running an institution and the said Society was registered under the Societies Registration Act. It was managed by the Air force Officers, who are officers of the Central Government. The functioning of the institution was controlled by the Officers of the Central Government. It was in the list of grant-in-aid by the Central Government. The appointments on the post of Principal and Teachers are made by the Officers of the Central Government and they are authorised to take disciplinary action against the delinquent Principal and Teacher. The Managing Committee is incharge of the general superintendence, direction and control of the affairs of the Society and its income and by the property was largely controlled by the Air force Officers of the Central Government. Therefore, on the basis of that criteria, the learned single Judge of the Rajasthan High Court held that it was the ‘State’. But in the present case, the facts are quite different. The Managing Committee is formed under the registered bye-laws of the Society and the appointments are made by the Society and conditions of service of the staff are framed by the Society. In fact the earlier history of the Society itself reveals that after formation of the society, options were called for and all the members of the Society gave options to become the members of the Society. Therefore, the judgment of the Rajasthan High Court in Ruby Joyce’s case, (supra) has no application to the facts of the present case.
But the present case stands on a different footing. It is not the case of the petitioners that statutory regulations have been violated. It is the case of the petitioners that the Education Society is a ‘State’.
The learned Counsel also relied on the judgment of the Supreme Court in Indian Overseas Bank v. I.O.B. Staff Canteen Workers’ Union, 2000 (3) Supreme 344, wherein workmen of co-operative canteen run for the staff of Indian Overseas Bank, with the fund of Bank, held to be workmen of Bank. But this decision is of no avail to the petitioners. It was a decision arising under the Industrial Disputes Act and the matter was referred to by the Tribunal and the Tribunal held on the basis of the material produced before it that there exists a relationship of master and servant and, therefore, that decision cannot be invoked by the petitioners in the present case.
of functions of Education Society. The petitioners in Writ Petition No.29998 of 1998 are, therefore, not entitled to seek any relief under Article 226 of the Constitution of India and accordingly it is dismissed.
26. The other writ petitions are filed challenging the termination orders passed by the Education Society. Since I have held that writ is not maintainable against the Education Society, the petitioners cannot challenge the validity of the termination orders passed by the Education Society in writ proceedings. Therefore, these writ petitions are also dismissed. No costs.
27. It is open for the petitioners to seek remedy available under any other law.

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D.C. Law Library - § 47–351.05. Competition for banking business.
↪ § 47–351.05. Competition for banking business.
(a) Except as otherwise provided by §§ 47-351.09, 47-351.10, and 47-351.11, the Mayor, or the CFO pursuant to § 47-351.02(c), shall select eligible financial institutions with which to conduct the banking business of the District based on the highest composite score for a bid. If 2 or more eligible financial institutions receive the highest composite score, the Mayor, or the CFO pursuant to § 47-351.02(c), shall select the eligible financial institution with the highest community development score calculated under § 47-351.07.
(2) Twenty percent based upon a community development score, calculated under § 47-351.07.
This section is referenced in § 47-351.10 and § 47-351.11.


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On Tuesday, the U.S. Supreme Court refused to dismiss a complaint alleging securities fraud based on a company's failure to disclose reports that its cold remedy product caused consumers to lose their sense of smell. In Matrixx Initiatives, Inc. v. Siracusano, plaintiffs claimed that the manufacturer made optimistic statements about expected sales of its product, Zicam, and didn't disclose that some doctors and consumers had reported adverse impacts.
The company argued that the law requires disclosure only when it knows of sufficient adverse events to establish a statistically significant risk that the product is in fact causing the events. The Supreme Court, affirming the Ninth Circuit, refused to adopt a bright-line rule that adverse events that are less than statistically significant need not be disclosed. Instead, the relevant inquiry continues to be whether a reasonable investor would view the undisclosed information as altering the "total mix" of information made available.
Last week the Oregon Supreme Court held that a homeowner seeking to recover against a builder for damages caused by construction defects may sue for common law negligence, absent a contractual provision that forecloses such a claim. In Abraham v. T. Henry Construction, Inc., plaintiff homeowners hired defendant contractors to build a house. When plaintiffs discovered defects in the construction years later, they sued for negligence.
The Court of Appeals held that the parties' contractual relationship did not prevent a negligence claim, and that plaintiffs were entitled to pursue a negligence per se claim based on a violation of the Oregon Building Code.
The Supreme Court affirmed, but on a somewhat different basis. First, according to the Court, a construction defect claim concerns damage to property -- and not mere economic losses -- and thus is not barred by the economic loss doctrine. Second, the existence of a contract between plaintiff and defendant does not preclude a common law negligence claim for personal injury or property damage, unless the contract defines the parties' obligations and remedies in such a way as to limit or foreclose such a claim. As a result, plaintiff is entitled to pursue a tort claim as long as the property damage at issue was a reasonably foreseeable result of defendant's conduct. Plaintiff is not limited to a negligence per se claim.
See our discussion of the Court of Appeals opinion in Abraham here.
Last month, in Christopher v. SmithKline, the Ninth Circuit held that pharmaceutical sales representatives are exempt from the Fair Labor Standard Act's overtime requirements.
Two pharmaceutical sales representatives filed a lawsuit challenging defendant's practice of requiring overtime work without paying additional compensation, as a violation of the FLSA. The FLSA requires overtime payment for employees for hours worked in excess of forty per week. However, there are numerous exceptions to this rule, including an exemption for persons employed "in the capacity of outside salesman." The trial court did not allow the plaintiff's case to proceed to trial, finding that pharmaceutical sales representatives "unmistakably fit within the terms and spirit of the [FLSA's outside sales] exemption." The plaintiffs appealed to the Ninth Circuit.
The Ninth Circuit affirmed the trial court's ruling. Despite the fact that PSRs do not technically sell pharmaceuticals to doctors, a doctor's commitment to a PSR to prescribe his assigned product when medically appropriate is a "meaningful exchange." This meaningful exchange, the Court held, fits within the FLSA's definition of a "sale," which includes "other dispositions." In addition, PSRs are "rewarded with commissions when their efforts generate new sales. They receive commissions in lieu of overtime and enjoy largely autonomous work-life outside of an office." For these reasons, the Ninth Circuit Court held that PSRs are exempt from the overtime-pay requirement of the FLSA.
This result creates a split with the Second Circuit, and raises the possibility that the U.S. Supreme Court will take up the issue.
Ater Wynne's Seattle trial lawyers, Steve Kennedy and Rob Roy Smith, today prevailed in a lawsuit filed against the NAACP, following a week-long bench trial in King County Superior Court. At issue was whether the national office of the NAACP was liable for legal malpractice, breach of contract, and negligence, arising from the alleged acts and omissions of a lawyer who also happened to work as a volunteer officer at the Seattle-King County Branch of the NAACP.
The plaintiff alleged that the lawyer mishandled his earlier race discrimination lawsuit against a former employer. Plaintiff also alleged that he thought he was being represented by the NAACP, which had supposedly "assigned" the lawyer to his case.
Relying on the U.S. Supreme Court's 1982 decision in NAACP v. Clairborne Hardware Co., the trial court found that there was no credible evidence that the NAACP authorized or ratified (either expressly or by implication) any of the activities of the local lawyer in connection with the previous discrimination lawsuit. The court found that neither the NAACP nor the Seattle-King County Branch was acting as the plaintiff's lawyer; rather, the plaintiff separately retained the lawyer as a private attorney.
Last week the Oregon Court of Appeals held that an individual can be deemed a shareholder of a corporation even though the corporation neither formally recorded her status in its records nor issued stock certificates. In Yeoman v. Public Safety Center, Inc., plaintiff sought a declaratory judgment that his late wife, Anita Yeoman, had been a shareholder in defendant corporation. Plaintiff further requested inspection of corporate records under ORS Chapter 60.
Mrs. Yeoman had been an employee of defendant coporation, and before she started work the corporation's sole officers and shareholders told her she would become a 10% shareholder, earning 2% ownership per year. Her employment was terminated after nearly one year. For three years after that, the corporation mailed annual checks to her, which plaintiff claimed represented dividends associated with the 2% ownership.
The corporation disputed Mrs. Yeoman's status as shareholder, contending that the corporation's records didn't show that she was a shareholder, and no stock certificates were issued to her. The Court of Appeals reversed summary judgment for the corporation, holding that plaintiff had raised a genuine issue of material fact regarding whether she was a shareholder. Under state law, shares are deemed to have "issued" once the corporation accepts payment in exchange for the authorized shares. A factfinder could conclude that the corporate board of directors had authorized the issuance of the shares in exchange for her employment, and that Mrs. Yeoman was a shareholder even though she was never issued stock certificates.
However, according to the Court, plaintiff was not entitled to inspect corporate records because, under ORS Chapter 60, only shareholders whose interest is registered in the corporation's records have that right. This means that, as a prerequisite to inspection of the records, plaintiff must first obtain an injunction requiring that corporate records reflect share ownership.
Last week the Oregon Court of Appeals held that a plaintiff making a claim under the state's securities fraud statute must prove reliance as an element of the claim. In State of Oregon v. Marsh & McLennan Companies, Inc., the state filed suit to recover losses to the Public Employees Retirement Fund in connection with the drop in the value of stock in Marsh & McLennan. The state claimed that Marsh & McLennan issued statements about its business ethics and sources of income that proved to be false once certain executives pleaded guilty to various corporate misdeeds. Plaintiff sued under ORS 59.135 (prohibiting fraud and misrepresentation in security transactions) and ORS 59.137 (creating cause of action for violating ORS 59.135).
Defendant obtained summary judgment on the ground that the state could not provide evidence that the retirement fund's agents purchased the stock in reliance on Marsh & McLennan's fraudulent misrepresentations. The Court of Appeals affirmed, holding that, even though the statute does not expressly call out reliance as an element of the claim, use of the terms "fraud" and "defraud" in the statute necessarily implies reliance.

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