Facie Research Articles

Building urban local governance fiscal autonomy through property taxation financing option

Abstract The continued productivity of urban economies depends upon the provision of urban infrastructure and social services. And, a large share of the service‐provision role is conventionally assigned to local government as tastes and preferences vary among individuals and communities. This requires financing the public expenditures and, although, there are other sources of revenue, taxation is very central to effective and efficient service‐delivery. The paper, therefore, examines the role of property taxation in this regard with a view to promoting and building urban local governance autonomy in cities of developing world. The paper also examines the essentials of a good property tax and problems of its administration in Africa urban local governments. Consequently, a prima facie case for property tax reforms is made in order to improve the revenue‐generating potentials of the tax. More importantly, the paper concludes that the real challenge towards sustainable fiscal autonomy for urban local governa...

Le fardeau de preuve : constat prima facie d’un décalage entre théorie et pratique, et de la nécessité d’une théorie de la preuve à l’OMC

Le système de règlement des différends de l’Organisation mondiale du commerce est connu pour son efficacité et sa prévisibilité. Plus souvent que n’importe quelle autre instance en droit international public, l’Organe de règlement des différends de l’OMC doit administrer la preuve factuelle amenée par ses Membres plaignants ou défendeurs. En théorie, le droit de la preuve appliqué dans le cadre du système de règlement des différends de l’OMC répond aux règles d’administration de la preuve que l’on trouve dans d’autres régimes juridiques bien établis. Pourtant, une analyse attentive de la jurisprudence OMC révèle que les notions de présomption, de preuve prima facie et, plus généralement, d’attribution et d’appréciation des fardeaux de présentation et de persuasion sont appliqués par les groupes spéciaux et l’Organe d’appel avec inconstance. Une théorie de la preuve en droit de l’OMC est nécessaire.

A Human Right to Internet Access: A Gewirthian Approach

The paper aims at exploring if we have sound philosophical reason to embrace a human right to Internet access. While attempts to make Internet access a candidate for the standing of human right have become popular in both the political and legal arenas, we still lack serious philosophical reflection on this issue. The paper first evaluates the arguments made by various authors, and then moves to provide its own conclusions. Its logic is that if (i) Internet access is crucial for enabling democracy, and (ii) democracy is a basic human right, then we may have at least prima facie reason to see such a technology as a derived human right whose normativity supervenes on the right to democracy.

Biodiversity: From evolutionary origins to ecosystem functioning

How the Earth came to have on the order of 10 million species and the impacts of this biodiversity on ecosystems, are long-standing questions in evolution and ecology. I propose that both the evolutionary causes and the ecological consequences of biodiversity share a common origin—unavoidable tradeoffs that organisms face when dealing with multiple limiting factors. Our grassland biodiversity experiments and studies in many other systems have shown that species diversity is a major determinant of ecosystem productivity, stability, invasibility and nutrient dynamics. The preservation, conservation and restoration of biodiversity should be a high global priority. Indeed, the evidence accumulated over the past two decades suggests the long-term persistence of a species in an ecosystem should be taken as prima facie evidence that the species contributes to the functioning of that ecosystem.

Occurrence of Unusual Quartz Xenocryst-Laden Dykes in the Chhota Udaipur Alkaline-Carbonatite Sub-province, Deccan Igneous Province, India

Occurrence of unusual basaltic dykes laden with a dense population of quartz xenocrysts within the Chhota Udaipur alkaline-carbonatitic sub-province of the Deccan Igneous Province is reported here. These dykes occur near Rorda (22°07.890 ' N; 74°04.267 ' E) and Samalavat (22°05.586 ' N; 74°07.261 ' E). The xenocrysts vary in size and shape and show effects of corrosion and partial assimilation by the host magma. These dykes have been affected by the carbonatitic fluids which commonly attack quartz xenocrysts, resulting in the formation of a complex growth pattern between quartz and carbonates. Mineralogical study confirms the presence of plagioclase, magnetite, ilmenite, rutile, chlorite, apatite, barytes and hydrated Fe-oxides. Original basaltic texture (sub-ophitic) and mineralogy (plagioclase, magnetite, ilmenite) is preserved, though pyroxenes are converted to chlorite; hematite, ilmenite, calcite and altered glassy material occur profusely in the groundmass. Basaltic dykes of such description have not so far been reported from the Deccan Igneous Province, although there are few references to the occurrence of quartz xenocrysts within basaltic dykes. It appears prima facie that quartzite xenoliths were selectively escalated by the basaltic magma at depth at the time of crustal extension leading to formation of Narmada rift; roughly coinciding with the emplacement of alkaline-carbonatite magma.

Obviousness Post KSR and Predictability

Post KSR Decisions have observed development in theory of obviousness and predictability is one major significant aspect while determining obviousness. Chemical compounds show unpredictable property and chemical science is also referred as unpredictable art; nevertheless unpredictability of invention from prior art teachings is viewed as criteria to test obviousness. If a person of ordinary skill can implement a predictable variation, §103 likely bars its patentability. When a person of ordinary skill is faced with a finite number of identified, predictable solutions to a problem and pursues the known options within his or her technical grasp, the resulting discovery is likely the product not of innovation but of ordinary skill and common sense. Differences in a chemical compound’s properties, resulting from a small change made to the molecule, are reasonably expected to vary by degree and thus are insufficient to rebut a prima facie case of obviousness. KSR affirmed that § 103 bars patentability unless the improvement is more than the predictable use of prior art elements according to their established functions. However, Obviousness does not require absolute predictability of success all that is required is a reasonable expectation of success.

La reducción de lo posible. René Thom y el determinismo causal

La tesis principal de este ensayo estipula que el determinismo causal es una propiedad de la naturaleza y el primer principio de la inteligibilidad natural. El desarrollo de esta tesis utiliza como hilo conductor el pensamiento de René Thom. Esto significa que el determinismo causal se examina en su relación con la estabilidad y la inestabilidad, el desafío de la mecánica cuántica, las raíces aporéticas de la ciencia tal como la dualidad determinismo-indeterminismo, y finalmente, en su relación con el método para ponerlo de manifiesto, es decir la reducción de lo posible.

Implications of the current trend in mortgage valuation practice in Nigeria

Abstract The emerging concern on the reliability of property valuations coupled with the attendant consequences of growing number of distressed banks in Nigeria necessitate this study. Therefore, the study examined the mortgage valuation process including sources of valuation instructions, bases and methods being adopted and their implications on lending decisions and valuation profession in the study area. To accomplish the study, questionnaires were randomly administered on samples of estate surveying and valuation firms and lending institutions respectively in Lagos Metropolis. The data emanating there from were analysed using frequency distributions, ranking mean and relative important index ranking. The study, prima facie, established that mortgage valuation has been an important input in lending decisions. It further showed the implications of the blind adoption of the cost approach, inconsistency amongst valuers and non ‐ inclusion of insurance valuation in the mortgage valuation process.

The Criminal Law (Sexual Offences) Amendment Bill--implications of criminalising non-disclosure of HIV status.

In its preamble the Criminal Law (Sexual Offences) Amendment Bill affirms South Africas obligations towards the eradication of violence against women and children in terms of several international legal conventions and covenants as ratified by the country. In addition it stresses that the high incidence of sexual offences in this country has a particularly disadvantageous effect on vulnerable persons and that women and children are especially vulnerable in this regard. Genital or anal penetration would be prima facie unlawful if committed inter alia under false pretences or by fraudulent means which in turn is defined as intentionally failing to disclose being infected with a life-threatening sexually transmissible infection in circumstances in which there is significant risk of transmission of such infection. The question raised is whether this expanded concept of rape in the Bill would in reality protect women as it sets out to do in its preamble or whether womens vulnerability would increase even further as a consequence. The negative public health implications of the latter effect would make doubtful any perceived benefits of such a strategy. (excerpt)

Corporate business valuation for mergers and acquisitions

Abstract Business combinations including mergers and acquisitions are important features of corporate structural changes. The Investments Securities Acts (ISA), 1999 charge the Securities and Exchange Commission with the responsibility to review and approve all business combinations in Nigeria. And, real property is an integral factor in many of such strategic business decisions and, need to be set in a business context. This paper, therefore, examines how corporate business entities are and could be valued for mergers and acquisitions through exploratory research. It also explains the relevance of goodwill, marriage value, and fair value concept in corporate business asset valuation. The paper found out inter‐ alia that the value of holding property to the business needs to be measured against the return that the equity could achieve both within the business and elsewhere. It also, prima facie, shows that the role of the valuer is not one of accountant but interpreter of financial and physical informatio...

The macroheterogeneity of recombinant human interferon-gamma produced by Chinese-hamster ovary cells is affected by the protein and lipid content of the culture medium.

The culture environment exerts a major effect on the glycosylation pattern of recombinant human interferon-gamma (IFN-gamma) produced by Chinese-hamster ovary (CHO) cells. The recombinant IFN-gamma is heterogeneous and consists of a mixture of fully (2N), partially (1N) and non-glycosylated (0N) glycoforms, and throughout batch cultures there is a decline in the proportion of fully glycosylated IFN-gamma. Glucose and glutamine, nutrients that are depleted early in such cultures, were prima facie candidates for causing such a shift in glycoform profile. Batch feeding of these nutrients did not prevent the decline in 2N glycoform, but the glycosylation pattern of IFN-gamma was affected by the initial glutamine concentration in the culture. Under different serum-free environments the extent of IFN-gamma glycosylation was affected by (1) the concentration of BSA, (2) the quality of BSA, (3) the lipid composition of the culture medium and (4) the presence of surfactants. Moreover, the inclusion of serum in cultures caused changes in the molecular masses of the major glycoforms, that was indicative of cleavage of the core polypeptide. The results reported emphasize the necessity of considering the effects of culture media on product quality as well as on product quantity during process optimization.

An Application of a New Test of Prima Facie Causality to Livestock Markets

A new methodology of inference testing is posited and applied to the issue of causality in livestock markets. This methodology is distinct from that of Granger-Sims. It involves a procedure that is independent of the scale of measurement of the variables, robust with respect to the distribution of the disturbances, capable of discovering relatively weak causal relationships and computationally simple. Les auteurs decrivent une nouvelle methode d'analyse par inference appliquee a la question de causalite sur les marches des bestiaux. Cette methode se distingue de la methode Granger-Sims en cela qu'elle est independante de l'echelle de mesure des variables et qu'elle n'est pas sensible a la distribution des erreurs. En outre, elle est capable de deceler des relations causales relativement faibles, et enfin elle est facile a calculer.

Social Production in Karl Marx∗

(1979). Social Production in Karl Marx. Review of Social Economy: Vol. 37, No. 3, pp. 313-328.