Too many buts and what's with the why: causation in anti-discrimination laws, what does it mean, and how is it to be proved

Purpose The paradigm shift from the technocratic to participatory planning approach in Sub-Saharan Africa (SSA) occurred from the 1980s to the 1990s. The paradigm shift led to a review of legal frameworks to suit the resolution. However, so far, little research has been carried on to assess whether the available legal frameworks are enough to foster stakeholder participation in master planning and implementation processes in SSA, particularly Tanzania. Design/methodology/approach The study used a qualitative research approach and a case study strategy. Specifically, this study reviewed the paradigm shift of legal frameworks in Tanzania, legal frameworks' advocacy on stakeholder participation in the planning process, compliance with legal frameworks by officials, constraints of legal frameworks and official awareness, understanding and views regarding the legal frameworks in Tanzania. Document review and official interviews were the chief methods of data collection. The data was then analysed using content analysis. Findings The findings revealed that the fundamental legal frameworks fostering the urban planning sector in Tanzania promote stakeholder participation. However, the majority of legal frameworks are outdated and do not reflect the dynamic needs of the citizens. This is allied to official interviews that the legal frameworks in Tanzania are ineffective. One of the prominent unresolved challenges reported is a power imbalance amongst stakeholders in the planning process. Besides, there is a lack of practical information to guide the process and ineffective compliance with the Urban Planning Act No. 8 of 2007 by the City Council of Dodoma and task force officials during the preparation of the 2019 Dodoma master plan. Practical implications This study promotes inclusive planning in master planning and implementation processes in cities of SSA. A lack of honest and inclusive planning has been among the prominent factors for the failure of physical plans, particularly master plans in SSA. Currently, the legal frameworks in Tanzania advocate for stakeholder participation, albeit they do not guarantee inclusive planning, particularly for the local community, which requires substantial reforms. Therefore, this study is important for policymakers and practitioners to review the available legal frameworks and allow honest and inclusive planning. Originality/value This study presents how the outdated legal frameworks impact effective stakeholder participation in the Tanzania master planning process. Dodoma, the national capital city of Tanzania, was used as a case study to add its specificity and depth. Fundamentally, this paper provides both a new analytical lens and a new dataset. The previous studies slightly documented how the principal legal frameworks failed to guide stakeholder participation in Tanzania. Many studies have generally documented the deficiencies of legal frameworks in guiding physical planning in Tanzania, but do not dwell on the impact of the stakeholder participation. Besides, this study has narrated a new dataset, particularly the recently (2025) prepared legal frameworks by the government, which were not previously documented. Moreover, deploying extensive document review and official interviews as chief data collection methods differentiates this study from past studies. Furthermore, this study makes a theoretical contribution to the Sherry Arnstein Ladder of Citizen Participation and Communicative and Collaborative Planning theory on power-sharing amongst stakeholders. This study has revealed that the deficiencies in the legal frameworks ineffectively warrant genuine power-sharing in the planning and decision-making processes. Lack of power-sharing counters the advocacy of a model and theory which assumes that power should not be used to influence the outcomes. Besides, this paper practically contributes to global and local sustainable planning practices, particularly on the importance and need of having legal frameworks that promote inclusive planning. Promoting inclusive planning is an effective way of implementing the Sustainable Development Goal No.11. Amongst other factors, the effective implementation of the SDG No. 11 depends on robust legal frameworks that reflect the dynamic needs of the citizens and ensure power-sharing amongst stakeholders.

Liability for Misstatements - The Elements of Causation and Damages

Support for the enrolment of adolescents in research has been constrained by uncertainties in parental involvement, and the lack of clarity in the ethical and legal frameworks. We conducted a scoping review to examine articles that explored the opinion of scholars on the question of adolescent consent and conditions for parental waivers in research in sub-Saharan Africa (SSA). Guided by the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) tool, we searched electronic databases (PubMed, EMBASSE, EBSCOHOST) and also reviewed the references of articles identified for additional relevant literature. We included full text English articles focusing on adolescent consent and parental waivers in SSA that were published between 2004 and 2020. We excluded studies focusing on healthcare, theses, and reviews. We reviewed a total of 21 publications from South Africa (n=12), Kenya (n=4) and Botswana, Malawi, Nigeria, Uganda and Zimbabwe (n=1 each). We identified four broad thematic issues: the current position regarding parental waivers and self-consent; parental involvement in the consent process; the role of community approval or consent when adolescent self-consent approaches were used; and complexities and ambiguities in legal requirements and ethical guidelines on adolescent consent. Our findings show inconsistencies and ambiguities in the existing legal and ethical frameworks within and across different countries, and underscore the need for consistent and clearer guidance on parental waivers and adolescent self-consent. Harmonization of the legal and ethical frameworks taking into account varying contexts is critically important to ensure research on adolescents in SSA meets adolescents' specific unmet needs.

Africa has been facing significant challenges in its development process, including limited access to research and innovation. However, research, innovation, and technology transfer can play a crucial role in transforming African economies and addressing key developmental challenges. Therefore, legal frameworks that encourage and facilitate these activities are essential. This paper examines the legal frameworks in Africa for encouraging research, innovation, and technology transfer. It analyses the challenges and opportunities that these legal frameworks present and provides recommendations for how they can be improved. One of the key challenges in Africa is the lack of a comprehensive legal framework for intellectual property protection. This has resulted in a situation where innovative ideas and technology are not adequately protected, leading to limited incentives for research and innovation. Furthermore, there is a lack of clarity on how intellectual property rights can be transferred from one country to another, which has created barriers to technology transfer. Another challenge is the lack of a supportive regulatory environment. The absence of clear and consistent regulations for research and innovation has created uncertainty for investors and entrepreneurs. Additionally, the lack of a regulatory framework to govern technology transfer has resulted in the slow uptake of new technologies in many African countries. The paper suggests that the legal frameworks for research, innovation, and technology transfer need to be improved to address these challenges. This includes the development of comprehensive intellectual property protection laws, the establishment of regulatory frameworks for research and innovation, and the creation of mechanisms for technology transfer. The paper concludes by stating that, legal frameworks play an essential role in encouraging research, innovation, and technology transfer in Africa. Addressing the challenges facing the existing legal frameworks will require a coordinated effort between governments, the private sector, and international organizations. By developing more supportive legal frameworks, African countries can unlock the potential of research, innovation, and technology transfer to drive economic development and address key developmental challenges.

The exponential growth of AI has reshaped the landscape of IP, presenting opportunities that demand a reassessment of the existing legal and regulatory framework. This study explores the changing legal and regulatory frameworks and the intellectual property that ensure the safeguarding of AI-generated contemporary art and innovations. As AI systems increasingly engage in creative and inventive activities, traditional laws and originality– fundamental to IP Protection. Allegedly, the principal issues of the investigation are the adequacy of current legislation in protecting AI-related IPR, as well as the limitations and ambiguities in enforcing these laws. The legal dilemma of assigning rights ton on-human creators and the lack of clarity regarding the responsibilities of AI developers and users intensify the complexities in enforcement. This study incorporates a qualitative approach, along with documentary analysis, academic articles and case studies, to collect data and provide a more comprehensive view of the legal framework and copyright frameworks in response to AI development. It also examines integrating AI into IP governance through innovation oversight models. Key challenges include the human–centric bias in IP Laws that fail to accommodate AI-generated works, uncertainty in establishing authorship and intervention ship and jurisdictional barriers in cross–border enforcement. It also discusses AI’s dual role in protecting IP rights through copyright, patents and trademarks that it can potentially infringe. This study critically examines the legal systems governing IP in AI innovation and considers the necessary steps to enforce these rights. The inquiry includes a brief explanation of how AI affects compliance with and violations of IP laws. This study pulls all the findings and shares with the ongoing debate on the impact of AI on the impact of AI on intellectual property -the study suggests some legal reforms to fill in the holes in the regulations. The suggestions involve creating new fields of protection for AI-generated works, modifying the notion of authorship and working out an affordable and fair payment scheme for the original creators whose content is used in the training. AI tools could also be used to IP examination such as trademark distinctiveness assessments and patentability evaluations, etc., through improved interfaces, can even replace humans in some of the judicial processes and at the same time, it cuts down on errors significantly. Based on these findings, the paper emphasizes the need to build international legal regulation that acknowledges the revolutionary potential of AI in the legal field without neglecting human creativity and aims to do so through balanced regulation. This study illuminates the ongoing IP law discourse and offers a critical perspective on AI’s dual role as both a maker and a disruptor of intellectual property norms. In conclusion, the study supports a progressive, adaptive and morally stable legal framework that can accommodate the ongoing evolution of AI technologies and intellectual property. By doing so, it prepares the way for future policy and academic discussions aimed at unraveling the bewildering puzzles of the digital age.

While limited, research centering LGBTQ students and experiences at the community college indicate students experience microaggressions, feelings of isolation, and a lack of curricular inclusivity at their community college institutions. With a lack of clarity around nondiscrimination policies at the federal level, coupled with a lack of nondiscrimination policies at the state level, institutions are often left without proper guidance regarding inclusive nondiscrimination policies for LGBTQ individuals. Given these constraints, it is critical community colleges explore how they can support LGBTQ students and provide them key resources. This article provides an overview of research on LGBTQ student experiences, resources, and promising practices within the community college context. In addition, this article will discuss the implications that federal and state policy has on the inclusion (and exclusion) of LGBTQ students, and finally discuss ways for community colleges to engage in inclusive practices. Focus on low‐cost/no‐cost practices is emphasized.

This research is entitled Analysis of Sharia Economic Law on Problems in Employment Agreements Between Employees and Companies. Currently, the fact is that there are still many disputes between employees and companies caused by non-fulfillment of work agreements which are not in accordance with sharia economic law and statutory law, even though inlabor law and sharia economic law legal regulations have been made regarding work agreements. The formulation of theproblem in this research is what are the problems with work agreements between employees and companies, and how sharia economic law reviews problems in work agreements between employees and companies. This research method uses the Library Research type of research, research that takes and analyzes data from library sources such as statutory regulations, books or scriptures that have relevance and relationship to the research focus. The results of this research show thatproblems occur in employment agreements, including non-compliance with the receipt of overtime wages promised by thecompany, lack of clarity regarding legal protection, not providing severance pay to employees whose employment relationship is terminated unilaterally, lack of social security protection for workers and injustice in providing rewardsand punishment. This problem is not yet in accordance with Islamic contract law because the problem that occurs is still contrary to the agreement, harmony, conditions, rights, obligations and termination of the work agreement in an Islamic contract. This research is entitled Analysis of Sharia Economic Law on Problems in Employment Agreements Between Employees and Companies. Currently, the fact is that there are still many disputes between employees and companies caused by non-fulfillment of work agreements which are not in accordance with sharia economic law and statutory law, even though inlabor law and sharia economic law legal regulations have been made regarding work agreements. The formulation of theproblem in this research is what are the problems with work agreements between employees and companies, and how sharia economic law reviews problems in work agreements between employees and companies. This research method uses the Library Research type of research, research that takes and analyzes data from library sources such as statutory regulations, books or scriptures that have relevance and relationship to the research focus. The results of this research show thatproblems occur in employment agreements, including non-compliance with the receipt of overtime wages promised by thecompany, lack of clarity regarding legal protection, not providing severance pay to employees whose employment relationship is terminated unilaterally, lack of social security protection for workers and injustice in providing rewardsand punishment. This problem is not yet in accordance with Islamic contract law because the problem that occurs is still contrary to the agreement, harmony, conditions, rights, obligations and termination of the work agreement in an Islamic contract.

The purpose of this study is to examine how legal and regulatory frameworks influence foreign policy decisions, considering the complex dynamics of transboundary water governance, aiming to understand water scarcity, regional diplomacy, and interlinked investment decisions. This is in conjunction with the ongoing disputes over water resources and infrastructure projects, such as Ethiopia's Grand Ethiopian Renaissance Dam. Historical treaties that shape regional relations are situated within theoretical frameworks, such as hegemony theory, which explains power asymmetries among riparian states. The theory of cooperation and participation emphasises stakeholder engagement and inclusive decision-making. At the same time, international water resources governance highlights the importance of coordinated efforts among regional and global actors, analysing how power dynamics, legal structures, and institutional capacities influence policy outcomes in the Nile Basin Countries. Methodologically, the research adopts a mixed-methods approach, combining both qualitative and quantitative techniques. Data collection involved structured surveys administered to 251 stakeholders across five Nile Basin countries, including government officials, academic experts, and regional organisations. The study also incorporated interviews, policy analysis, and review of legal documents to deepen understanding. Quantitative analysis employed descriptive statistics, correlation matrices, and regression models to assess relationships between legal frameworks and foreign policy decisions, while qualitative insights provided contextual understanding of regional challenges and opportunities. The findings reveal that existing legal frameworks are perceived as inadequate, with low ratings for their effectiveness, while dispute resolution mechanisms and policy harmonisation efforts are moderately developed. Strong correlations exist between legal structures, implementation capacity, and policy outcomes, indicating that robust legal arrangements are critical for effective governance. The analysis confirms that legal and institutional reforms, including the strengthening of dispute resolution and policy alignment, significantly influence foreign policy decisions. Environmental challenges, notably climate change impacting water availability, further complicate cooperation in wetlands, protecting the ecosystem and biodiversity, underscore the need for adaptive legal frameworks. The study also highlights the influence of geopolitical power asymmetries, historical treaties, and foreign investments on regional relations. In conclusion, the research emphasises that legal and regulatory frameworks are pivotal for regional stability and sustainable water management in the Nile Basin. It recommends that policymakers prioritise the development of comprehensive, adaptive legal instruments, foster regional dialogue, and build institutional capacities. Strengthening dispute resolution mechanisms and encouraging stakeholder participation are essential for cooperation. The study advocates for integrating environmental considerations into legal frameworks and leveraging international partnerships, supporting sustainable development. Overall, the findings suggest that a holistic approach combining legal reform, diplomatic engagement, and capacity-building is vital for fostering long-term peace and equitable resource sharing among Nile Basin countries.

The management of greywater and sanitation in South Africa's urban informal settlements is a pressing concern. This review critically examines the legal framework that governs greywater management in South Africa's informal settlements, aiming to shed light on the existing regulations, gaps, and opportunities for sustainable greywater reuse. By scrutinizing the legal framework, the review identifies gaps and challenges in the regulatory environment, including inconsistencies, lack of clarity, and limited enforcement mechanisms. It explores the potential for international best practices to inform possible amendments to the existing legal framework. This was a quantitative research design utilizing a cross sectional survey model. Questionnaires were administered electronically to a sample of 17 municipal leaders from the City of Tshwane, City of Johannesburg and Buffalo City municipalities whose responsibilities were on water management. Descriptive statistics were employed in analysis of the data. Outcomes were reviewed against the alignment or the lack thereof with the SANS 1732:201x standards. This paper underscores the critical need for a coherent and robust legal framework to support responsible greywater management in South Africa's informal settlements. The paper's insights contribute to the ongoing discourse on water governance, shedding light on the pathways toward a more equitable water future.

Bob Hepple has made an outstanding contribution to the development of European and British discrimination law. It is, therefore, entirely appropriate that Equality: The New Legal Framework is one of the first books to analyse the Equality Act 2010. It admirably fulfils the aim of informing the general reader as well as for ‘students of law and social sciences, human rights activists, lawyers’. It will also be essential reading for all those readers who want to understand the past, present and future of discrimination law. The Equality Act 2010 (the Equality Act) introduces a dense and complex statutory framework, despite its aim of simplifying and harmonising the labyrinth of domestic discrimination law. This legislation was the culmination of a long process involving consultation with academic researchers, such as as Bob Hepple, who passionately and consistently argued for law reform. The Equality Act is also the outcome of an admirable political...

The prohibition of discrimination in employment relationships is core to the fundamental principle of human dignity that underlies the law of the most developed Countries. Nonetheless, under a comparative approach, anti-discrimination law assumes different roles and functions according to the historical development of each legal system. In the United States the implementation of anti-discrimination provisions has been one of the main instruments for US legislative institutions to promote the emancipation of the most disadvantaged groups of workers. On the other hand, United States courts have narrowly interpreted anti-discrimination statutory laws emphasizing the necessity of protecting employers’ prerogatives under the common law doctrine of “at will employment”. Within the European and Italian experiences, political concerns for the emancipation of the working class have informed the evolution of labor law since the nineteenth century. Case law and statutes provide for general limits to the powers of employers, in order to counterbalance the economic submission of workers to the supremacy of companies. This chapter focuses on discriminatory dismissals and is founded on the idea that the relationship between anti-discrimination law and the power of employers to dismiss acquires different roles and functions according to the peculiar features of the different legal systems, and in relation to their historical development. On the basis of these arguments a narrow interpretation of the most recent provisions of Italian legislations on discriminatory dismissals is to be preferred under a comparative approach.

ANTITRUST AS ANTIRACISM: ANTITRUST AS A PARTIAL CURE FOR SYSTEMIC RACISM (AND OTHER SYSTEMIC “ISMS”)

We usually think of antitrust law as addressing violations of free market norms, not equality norms. The two, however, may be related. Systemic racism (and other systemic “isms”) is about power and its abuse. So is antitrust law. Moreover, antitrust may be able to fill gaps left by antidiscrimination law. In particular, antitrust law can address: entire markets, not just individual firms or discrete actions; power imbalances from differences in capital, not just disparities in compensation; financial allocations between owners and workers, not just between workers; and legal violations that shrink total worker pay and do not just distort its allocation. Antitrust law also relies on centrist free market principles. Those may be less controversial than tackling issues of race directly. To be sure, in part for that reason, antitrust laws are limited. They can at best remedy a small portion of the potential wrongs caused by systemic racism. But antitrust may nevertheless contribute valuably to systemic racial equality. It also may provide a model for how antidiscrimination law might be reframed to make it more effective in that regard.

Abstract: Contract farming has emerged as a significant strategy for modernizing agriculture, enhancing productivity, and integrating smallholders into more profitable markets in India. This study examines the evolution, models, benefits, and challenges of contract farming in India. This study employs a descriptive methodology, utilizing existing data and literature from various sources. The findings indicate that contract farming provides farmers with access to inputs, credit, technical advice, and market opportunities, potentially improving their income and product quality. Different models of contract farming exist, including centralized, nucleus estate, multipartite, informal, and intermediary. While offering benefits such as risk sharing and income stability, contract farming faces challenges such as power imbalances, biased contracts, a lack of suitable institutions, and potentially negative impacts on traditional farming practices. The legal and policy framework for contract farming in India has evolved, with key developments including the Model APMC Act (2003) and the Farm Acts of 2020 (later repealed). Farmer-Producer Organizations (FPOs) play an increasingly important role in enhancing the collective bargaining power and market access of small farmers. Case studies reveal both successes and conflicts in contract-farming arrangements. The effectiveness of contract farming depends on factors such as contract design, institutional support, and specific agricultural and economic contexts. The study concludes that while contract farming offers significant potential for agricultural development and improved farmer livelihoods in India, its success depends on addressing power imbalances, ensuring fair contracts, and developing robust institutional and legal frameworks.

Collective action by women's networks has been a strong driver of legislative change in many countries across the world. Women's groups in Botswana have used advocacy tools such as testing the implementation of gender equality principles in the national court system. In 1992, women's legal networks in the Unity Dow case successfully challenged discriminatory statutory citizenship laws. This victory triggered far-reaching reforms of the citizenship law, family law, and even the Constitution itself. Two decades later, another successfultestcase, the Mmusi case, has challenged the customary law practice of favoring male heirs as contrary to constitutional principles of equality. The paper explores the role that judges and national courts play in implementing gender equality principles and upholding state commitments to the Convention on the Elimination of Discrimination against Women. The paper also highlights the role of governments in taking on the concerns of their citizens and cementing the principle of equality in national legal frameworks. The backdrop to this process is a plural legal system where both customary and statutory laws and courts exist side by side. How women negotiate their rights through these multiple systems by coalition building and usinggood practiceexamples from other countries is important to understand from a policy perspective and how thisbottom-upapproach can contribute to women's economic empowerment in other national contexts.