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Record W4255917115 · doi:10.1017/s0008197308000044

Sham Trusts

2008· article· en· W4255917115 on OpenAlexaff
Matthew Conaglen

Bibliographic record

VenueThe Cambridge Law Journal · 2008
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsTrinity College
Fundersnot available
KeywordsTestamentary trustLeaseDatabase transactionContext (archaeology)DoctrineStatutory lawLawPaymentBusinessLaw and economicsPolitical scienceSociologyHistoryComputer scienceFinance

Abstract

fetched live from OpenAlex

Documents or arrangements which have been falsely created will not be permitted to “prevent [a court] from getting at the real truth of the matter”: “if it [is] a mere cloak or screen for another transaction one [can] see through it”. Such documents or transactions are generally referred to as “shams”. The courts' ability to “see through” the false façade of a sham has been widely discussed in the context of documents or arrangements which purport to create licences, rather than leases, in an attempt to avoid statutory protections granted to residential lease-holders, and of transactions or arrangements which purport to avoid the payment of tax. However, there has been much less discussion of the way in which the concept of sham intersects with the law of trusts. The leading practitioner texts on trusts contain only short discussions, and the point has been discussed briefly in the practitioner literature. This article seeks to offer a broader, conceptual understanding of the way in which the sham doctrine applies to trusts.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.005
metaresearch head score (Gemma)0.019
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.018
Threshold uncertainty score0.062

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0050.019
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.001
Science and technology studies0.0070.020
Scholarly communication0.0080.011
Open science0.0010.007
Research integrity0.0040.004
Insufficient payload (model declined to judge)0.0180.003

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.044
GPT teacher head0.305
Teacher spread0.260 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations3
Published2008
Admission routes1
Has abstractyes

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