Recent Judicial Developments Research Articles

The Continuing Relevance of Customary Arbitration in Nigeria: Critical Evaluation of Contemporary Developments

Dispute is a natural consequence of human interactions and dispute resolution mechanisms are critical to the peace and harmonious coexistence of every society. In pre-colonial times when there were no Western-styled public courts in many African societies, customary arbitration was an integral part of the dispute resolution mechanisms, and it is argued that it has remained even so today. In Nigeria, customary arbitration remains relevant and has received judicial approval by the Supreme Court in a plethora of cases. This article discusses recent judicial developments on customary arbitration focusing on a recent judgment of the Nigerian Supreme Court – Umeadi v. Chibunze and its implications on customary arbitration in the highly plural Nigerian legal system. Umeadi v. Chibunze recognised the validity of traditional oath-taking as a feature of customary arbitration for parties who rely on it. This article argues that customary arbitration remains one of the most common indigenous dispute resolution mechanisms in Nigeria. This article seeks to interrogate the practice of customary arbitration in Nigeria, ascertain the conditions for its validity and evaluate the utility of traditional oath-taking as a constituent process or feature of customary arbitration in Nigeria. This article will also suggest some reforms to improve the utility of customary arbitration in Nigeria.

International double taxation: Interpretation in the Indian context and general mitigation Measures

International Double Taxation poses a complex challenge with diverse interpretations, especially in the Indian context. This paper investigates the nuances of double taxation, focusing on legal principles, double taxation avoidance agreements (DTAAs), and their implications for residents and permanent establishments. It analyzes India's engagement in double taxation treaties, considering monistic and dualistic principles, legislative processes, and recent judicial developments. Case studies from French and Indian courts offer insights into treaty interpretation. The paper examines relief methods such as Exemption, Credit, Tax-sparing, and Expense Deduction, emphasizing their application within Indian tax treaties. Notably, Permanent Establishment (PE) significance in international taxation is explored through relevant case law. Conclusively, the paper underscores the importance of addressing international double taxation in the globalized era. It argues that while various relief methods exist, the Exemption method is most effective in mitigating double taxation, contrasting with the partial relief provided by the Credit method. The choice of relief method varies across nations based on financial considerations. This comprehensive exploration contributes to understanding international double taxation in the Indian context, highlighting legal interpretations, treaty dynamics, and mitigation measures. It advocates for harmonizing global approaches to achieve more effective and equitable solutions in international taxation.

Cancer and Pregnancy in the Post-Roe v. Wade Era: A Comprehensive Review.

Cancer during pregnancy, affecting 1 in 1000 pregnancies, is rising in incidence due to delayed childbearing and improved detection. Common types include breast cancer, melanoma and cervical cancer and Hodgkin's Lymphoma. There are several physiological changes that occur during pregnancy that make its management a challenge to clinicians. Managing it requires multidisciplinary approaches and cautious test interpretation due to overlapping symptoms. To minimize fetal radiation exposure, non-ionizing imaging is preferred, and the interpretation of tumor markers is challenging due to inflammation and pregnancy effects. In terms of treatment, chemotherapy is avoided in the first trimester but may be considered later. Immunotherapy's safety is under investigation, and surgery depends on gestational age and cancer type. Ethical and legal concerns are growing, especially with changes in U.S. abortion laws. Access to abortion for medical reasons is vital for pregnant cancer patients needing urgent treatment. Maternal outcomes may depend on the type of cancer as well as chemotherapy received but, in general, they are similar to the non-pregnant population. Fetal outcomes are usually the same as the general population with treatment exposure from the second trimester onwards. Fertility preservation may be an important component of the treatment discussion depending on the patient's wishes, age and type of treatment. This article addresses the complicated nature of a diagnosis of cancer in pregnancy, touching upon the known medical literature as well as the ethical-legal implications of such a diagnosis, whose importance has increased in the light of recent judicial developments.

The FDA Declares Levonorgestrel a Nonabortifacient—A 50-Year Saga Takes a Decisive Turn

This Viewpoint discusses recent judicial developments and the newly-enunciated FDA position that levonorgestrel is a nonabortifacient.

Regulating Composite Platform Economy Services: Examining the Applicable Legal Framework in Light of Recent Judicial Developments

Numerous platform operators provide composite services comprising electronic and non-electronic elements, whose legal classification has been highly debated. This is partly explained by the fact that theEU law regime applicable to information society services (ISS) is far more favourable to businesses than that applicable to other types of services. The most recent case-law, however, has noticeably strengthened Member State regulatory prerogatives regarding ISS by, inter alia, giving a whole new meaning to the provisions of the E-commerce Directive. This twenty-year old legal act certainly needed reshuffling, but the Court’s approach has created a high degree of uncertainty forMember States wishing to regulate ISS in compliance with their notification obligations. Further, the applicable legal framework fails to guarantee the freedom to provide composite platform economy services that classify as two independent services of offline and online nature. The present article presents the main takeaways from recent judgments and highlights the structural differences between the legal regime applicable to ISS and that applicable to other kind of services, as well as their shortcomings. Digital Single Market – Regulation of the platform economy – Composite services – notification – online platform liability – e-commerce – Digital Services Act – Directive 2000/31 – Directive 2015/1535 – Directive 2006/123

Edith Wharton Society Panels at the American Literature Association Conference, Chicago, 2022

Edith Wharton Society Panels at the American Literature Association Conference, Chicago, 2022

Recent court orders in patent suits on limits of Bolar exemption: Shrinking space for pharmaceutical generic companies in India?

The generic pharmaceutical sector in India transformed over the last few decades. However, certain recent judicial developments may impact the flexibility that generic companies have for development of future generics. This article looks at some of these developments. The developments covered are: a) interpretation and application of the Bolar flexibilities and b) hurdles in claiming use under S.107 A.

Texas Estate Planning Judicial Update: Spring 2021 Edition

This article discusses recent judicial developments (first quarter of 2021) relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters. The discussion of each case concludes with a moral, i.e., the important lesson to be learned from the case. By recognizing situations that have led to time consuming and costly litigation in the past, estate planners can reduce the likelihood of the same situations arising with their clients.

Texas Estate Planning Judicial Update: End of 2020 Edition

This article discusses recent judicial developments (last half of 2020) relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters. The discussion of each case concludes with a moral, i.e., the important lesson to be learned from the case. By recognizing situations that have led to time consuming and costly litigation in the past, estate planners can reduce the likelihood of the same situations arising with their clients.

Critical Response to Prof. Archana Mishra's Article on Women’s Equal Right to Property - Recent Judicial Developments in India

Critical Response to Prof. Archana Mishra's Article on Women’s Equal Right to Property - Recent Judicial Developments in India

Mandatory Arbitration and the Boundaries of Corporate Law

A storm is brewing on the corporate law horizon. Several recent judicial developments, which this Article ties together for the first time, present the most refined opportunity yet for mandatory arbitration—today prevalent in consumer and employment contracts—to enter the corporate law sphere, shutting the courthouse doors before corporate entities and shareholders precisely where legal remedy is most needed. Yet, for this scenario to unfold, the Supreme Court would have to declare that corporate charters and bylaws are contracts. Otherwise, restrictions on arbitration (including those recently enacted by Delaware) cannot be preempted by the Federal Arbitration Act. As this Article innovatively explains, scholars have long resorted to inaccurate metaphors, such as nexus of contracts, in the corporate context. If, however, we move away from legal realist conventions, embrace the idea that corporate law is a self-standing category within private law, and examine its distinctive properties—most importantly, its principled reliance on ex post judicial supervision over open-ended factual scenarios—we find that corporate law is nearly the structural opposite of contract law. This legal distinction also generates a set of powerful economic benefits. Existing scholarship has focused on procedural and doctrinal aspects, such as directors' power to amend corporate documents without shareholders' consent. This Article ties the arguments into an overarching theoretical framework, originally bringing together the literature on private law theory, law and economics, and corporate litigation. Similar to the 1980s takeover wave, and recent debates surrounding corporations' constitutional rights and corporate purpose, the specter of mandatory arbitration offers an opportunity to take a fresh look at corporate law's theoretical foundations. The economic benefits and non-contractual, equity-based structure of corporate law are two sides of the same coin. To avoid both inefficiency and injustice, courts and scholars must recognize the implications of corporate law's distinct nature.

Recent Judicial Developments of Interests to Oil and Gas Lawyers

The purpose of the article is to provide a brief review of recent Canadian judicial decisions of interest to oil and gas lawyers. The authors have surveyed Canadian case law in the areas of government regulation, conflicts, creditor’s rights, surface rights, contracts and tax.

Texas Estate Planning Judicial Update — June 2020 Edition

This article discusses recent judicial developments (second and third quarters of 2021) relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters. The discussion of each case concludes with a moral, i.e., the important lesson to be learned from the case. By recognizing situations that have led to time consuming and costly litigation in the past, estate planners can reduce the likelihood of the same situations arising with their clients.

Texas Estate Planning Judicial Update: End of 2019 Edition

This article discusses recent judicial developments (last half of 2019) relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters. The discussion of each case concludes with a moral, i.e., the important lesson to be learned from the case. By recognizing situations that have led to time consuming and costly litigation in the past, estate planners can reduce the likelihood of the same situations arising with their clients.

Selling the Artist, Not the Art: Using Personal Brand Concepts To Reform Copyright Law for the Social Media Age

This Note will argue that American courts should take account of digital works’ secondary purpose as personal brand advertisement and treat these works as such, thereby protecting creators’ economic interests in a world where social capital is economic capital. In Part I, I explain how Internet creators, ordinary users, companies, and social media influencers operate under the current system of formal copyright law and informal norms. What they appear to want out of an attendant legal regime looks more like personal brand protection, specifically insofar as it encompasses the attribution right and the ability to monetize their whole oeuvre rather than specific content. In Part II, I discuss privately ordered methods of enforcing the rights that creators seem to want, before explaining that these methods are insufficient to meet creators’ needs. Finally, in Part III, inspired by recent judicial developments that offer promising interpretations of the Copyright Act, I outline a path to more robust protection of attribution and integrity rights than copyright law has previously afforded.

Reconceptualizing the Constitutional Dimension of Intellectual Property – An Update

This paper is an updated version of the chapter entitled “Reconceptualizing the Constitutional Dimension of Intellectual Property” which appeared in the previous edition (3rd) of the volume edited by Paul Torremans entitled “Intellectual Property and Human Rights”. It draws on previous research published by the author on the ongoing “constitutionalization” of intellectual property rights through the increasing use by legislators and courts of human rights to shape the contours of the exclusive rights. The paper incorporates the most recent judicial developments at EU level which confirmed the full validity and legitimacy of the use of fundamental rights to interpret and adapt IP laws. Drawing on these developments, it advances several proposals in order to construct a satisfying and balanced clause for IP at constitutional level, demonstrating thus a closer connection to the interests of society. First, the chapter proposes to link IP with the universally recognized right to culture and science, thereby mirroring a solution adopted at international and national levels in several countries. Second, it explores the protection that could be offered by the constitutional right to freedom of expression and information. Finally, the inclusion of IP within the protection of property at the constitutional level is analyzed. It is demonstrated that the link with the property provision often guarantees that the social function of this right is extended to intellectual property. When combined with the proportionality principle that mandates a fair balance between competing fundamental rights, intellectual property is far from absolute and can on the contrary be limited by the interest of the society at large.

Recent Developments in Ireland: The Voisinage Doctrine and Irish Waters: Recent Judicial and Legislative Developments

ABSTRACTVoisinage arrangements allowing mutual and reciprocal cross-boundary fishing practices in inshore waters exist throughout the world. In the case of the island of Ireland, the practice between Irish and Northern Irish fishermen was articulated in an exchange of letters between Northern Ireland and the Republic of Ireland in the mid-1960s, the terms of which proved later to be incomplete, unpublicized, and to be overtaken by subsequent changing fishery practices. The problem over voisinage rights for Northern Irish fishermen in Irish waters culminated in litigation by Irish mussel-seed fishermen before the Irish Supreme Court. In 2016 the Court found the existing arrangement to be deficient in Irish domestic law. This has necessitated amending legislation, which is presently proceeding through the Irish parliament.

Recent Texas Cases Impacting the Wills, Probate, and Trust Practice

This article discusses recent judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters. The discussion of each case concludes with a moral, i.e., the important lesson to be learned from the case. By recognizing situations that have led to time consuming and costly litigation in the past, estate planners can reduce the likelihood of the same situations arising with their clients.

The Protection of the Right to Strike under the European Convention on Human Rights

The right to strike has been largely acknowledged as an indispensable element of collective bargaining, and as one of the most essential means by which workers can preserve their socio-economic rights. It is safeguarded by international and European human rights instruments, and is enshrined in a number of states’ constitutions, including several parties to the European Convention on Human Rights (‘ECHR’). Within the legal framework of the ECHR, in the seminal cases of Demir and Baykara v Turkey and Enerji v Turkey the European Court of Human Rights (‘ECtHR’ or 'the Court') acknowledged the significance of both the right to collective bargaining and to strike as vital features of the freedom of trade unions association, covered by article 11 ECHR. Nevertheless, in RMT v UK, the ECtHR mitigated the cause for enthusiasm produced by its previous decisions. This article assesses the extent to which the right to strike is protected in the ECHR by referring to the recent judicial developments within the context of the Convention.

What Hath the Courts Wrought to the Texas Estate Planner?

This article discusses recent judicial developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters. The discussion of each case concludes with a moral, i.e., the important lesson to be learned from the case. By recognizing situations that have led to time consuming and costly litigation in the past, estate planners can reduce the likelihood of the same situations arising with their clients.