Recent Judicial Research Articles

Judicial Independence: A Continued Political Interference in Recent Judicial Proceedings in Uganda

Chapter eight of Uganda's constitution highlights the judiciary's crucial role as the protector of the constitution, with the authority to exercise judicial powers bestowed upon them by the people. The judiciary is essential to upholding the constitutionality of laws, acts of parliament and customs and identifying and addressing inconsistencies. Article 128 Clause 1 of Uganda’s 1995 Constitution emphasizes the importance of maintaining the judiciary’s independence, ensuring it remains a bastion of integrity and fairness. However, recent cases shed light on the consequences of political interference, which is becoming an increasingly worrisome issue in Uganda. Thus, the research focuses on some sources of political interference in Uganda's judicial proceedings and its persistence, including an opaque and politicized process of appointments, pressure applied to judges by the executive branch and powerful interests, and disrespect for court orders by the executive and legislature. The consequences of such interference in the democratic justice system are discussed, and they have led to a decline in the independence of the judiciary, covering the breakdown of public trust in the judiciary, unfair legal judgements, and weakened constitutional principles. The findings highlight Uganda's urgent need for action and an independent judiciary. This study applies doctrinal legal research methodology to discuss the continued political interference in the recent judicial proceedings in Uganda since 2006. The study recommends constitutional reforms to curb the overgrowing political interference in courts’ judicial independence and preserve constitutionalism principles by examining this theme.

Crypto Currency and Illegal Deposit Taking: Recent Judicial Practice Overview

Crypto Currency and Illegal Deposit Taking: Recent Judicial Practice Overview

Recent Judicial Decisions of Interest to Energy Lawyers

This article summarizes recent judicial decisions of interest to energy lawyers. The authors review and comment on case law from the past year in several areas including: arbitration, bankruptcy and insolvency, class actions, competition law, contractual interpretation, cybersecurity, employment and labour, environment, Indigenous law, insurance law, securities litigation, and tax. The authors discuss the practical implications of the decisions and risk management strategies that may be of benefit to participants in the energy industry. The authors also highlight cases to watch in 2023.

Antitrust Routine in Delineating the Frontier of SEP and FRAND-Encumbered Patents: A Comparative Study

Standards-Essential Patents (SEPs), and Fair, Reasonable, And Non-Discriminatory (FRAND) licensing commitments by the SEP holders, play a crucial role in enabling cooperation amid the cut-throat competition of innovation markets. Unsurprisingly, FRAND and SEPs have been the subject of frequent antitrust scrutiny across jurisdictions in recent years. However, in a post-COVID era, markets crippled by the pandemic will desperately need regulatory relaxations across the globe. Significant shifts in policy approaches may be necessary for certain situations to encourage innovation and instil stability. Against such a backdrop, we explore the emerging trends in the SEP-antitrust intersection across the US and the EU and try to understand the policy approaches these jurisdictions are adopting by analysing the recent judicial and legislative trends in addressing the issue of antitrust intervention in FRAND-encumbered patents. We then explore the Indian jurisdiction and discuss in detail the problems and prospects of FRAND licensing in India.

ACMT Position Statement: Position on the Recent Judicial Challenge of U.S. Food and Drug Administration Approval of Mifepristone.

ACMT Position Statement: Position on the Recent Judicial Challenge of U.S. Food and Drug Administration Approval of Mifepristone.

Recent Judicial Perspectives on the Duty of Candour

Recent Judicial Perspectives on the Duty of Candour

Ayodhya 2.0 in Banaras? Judicial discourses and rituals of place in the making of Hindu majoritarianism

ABSTRACT Indian news channels and headlines meticulously cover ongoing legal suits seeking the ‘restitution’ of the Gyanvapi mosque in Banaras (Varanasi) to Hindus, with the site dubbed ‘Ayodhya 2.0’ by several commentators. The recent construction of the monumental Kashi Vishvanath Corridor next to the contested Gyanvapi mosque and the 2019 Supreme Court verdict in favour of a grand Ram temple in Ayodhya seem to be the main developments prompting an escalation towards Ayodhya 2.0. This article, however, complicates the above reading by showing that the current ‘unmaking’ of Gyanvapi as mosque does not result straightforwardly and solely from these recent judicial and spatial developments. By combining analysis of legal proceedings with a longitudinal ethnography of the site, I unpack the longstanding cross-fertilisation of judicial discourses and rituals of place in representations of the site and point to the progressive co-option of both spheres in the pursuit of Hindu majoritarian claims. The article expands scholarship on the subtle but relentless entrenchment of Hindu majoritarianism by illuminating ways in which petty disputes, situated understandings of place and religious practices not necessarily related to, or aligned with, the majoritarian ideology may be co-opted by and finish up nurturing it.

Recent Judicial Decisions of Interest to Energy Lawyers

The second year of the COVID-19 pandemic continued to impact the Canadian economy, commercial activity, and the legal system in general. Courts, tribunals, legislatures, law firms, corporations, and workers all learned to adapt to remote working, remote hearings, and new ways of living. Within the crisis came opportunities to modernize systems and think about new ways of accessing justice. This article summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review key case law from several broad areas, including: Indigenous and First Nations law; contractual interpretation; environmental law; tax law; corporate and securities law; bankruptcy and insolvency; and constitutional law. In each area of law, the authors will provide insight on the significance and potential implications of these decisions on the Canadian energy industry. The authors also canvas more specific topics, such as: economic interests and the Crown’s duty to consult; the Canada Revenue Agency’s priority ranking in the restructuring process; the ability of receivers to disclaim an agreement in the bankruptcy process and unilaterally impose go-forward terms on a secured party; the priority of builders’ liens in the face of abandonment and reclamation obligations; the evolution of the “reverse vesting order”; and provincial control over resources.

Law and the Economy in a Young Democracy: India 1947 and Beyond by Tirthankar Roy and Anand V. Swamy

India’s vast and complex economy can be most productively analyzed through a range of interdisciplinary methodologies. Roy and Swamy identify themselves as “economists, not legal scholars” (108). Yet, all the major topics about India’s post-independence economy examined in this thoughtful and informative volume are linked to the law codes inherited in 1947 from the British colonial government and then slowly adapted by India’s policymakers, judges, bureaucrats, and businesspeople during the subsequent seven decades (to June 2020). Although not titled as such, this is the second volume in a series; each thematic chapter begins where the co-authors’ highly regarded earlier volume, Law and the Economy in Colonial India (Chicago, 2016), concluded.The book comprises a succession of impressive analytical narratives about selected major aspects of India’s economy on the basis of three broadly defined phases: (1) “developmental socialism” from roughly 1950 to 1985 (11); (2) the strengthening of hitherto excluded sectors of the population through political democratization within a “protectionist” regime that sheltered domestic businesses against foreign competition, c. 1980s (138); and (3) liberalization and (partial) globalization from 1991/2 onward). Rather than highlighting their own primary research, the authors critically synthesize a wide range of significant scholarly, official, and journalistic studies and reports.During the period of British colonialism, agriculture emerged as the dominant sector within India’s economy (it still is, though not as much). Hence, the first two of Roy and Swamy’s chapters after the introduction concentrate on its important features—Chapter 2 about agricultural land rights and Chapter 3 about rural credit (including non-profit, self-help groups and for-profit, micro-credit corporations). In both cases, the authors conclude that long-established large landowners and village moneylenders gradually lost ground; that the lower, landless classes gained modestly; and that the middle-sized landholders gained the most. Chapter 4 emphasizes how each provincial government, as well as the center, pushed the conversion of small-scale agricultural holdings into more economically productive “modern” industrial sites, especially through imposing eminent domain (70).The authors also examine the more recent judicial and practical limits on such governmentally and commercially driven “structural change” (70). Chapter 5 parallels these developments for forested areas, when the Supreme Court became the primary protector (although often unsuccessful one in the face of powerful industrialists and mining companies) of forest-dwellers and the environment. Especially in the post-1991/2 phase, labor law (Chapter 6) and company law (Chapter 7) have shifted significantly, although unevenly, as growing industrialization began to favor urban-based entrepreneurs. At the same time, India’s expanding (but as yet incomplete) integration into the global economy raised new issues about international mergers and acquisitions and Indian national ownership of intellectual property (Chapter 8); again, the middle and rising business-owning classes gained the most.Finally, Chapter 9 sees Indian society remaining conflicted about whether to perpetuate the still-distinct religious legal codes (particularly Hindu versus Muslim), which also involved matters of gender and inheritance, or to impose a secular legal code that treats all citizens equally, regardless of their religious community. Roy and Swamy regularly test all these shifting laws and policies, as well as actual practices, against their consistent goal of unconstrained free “market mechanisms” that avoid “rent-seeking” and tend toward development and equity.While Roy and Swamy highlight politically generated policies, and occasionally mention a particularly influential policymaker, they choose not to discuss individual political parties. Hence, the periods of national electoral dominance of the Congress Party, before the rise of regionally based parties, and the post-2014 electoral supremacy of the Hindu nationalist Bharatiya Janata Party remain implicitly in the background of their economic-centered analyses. The authors also recognize that “the Indian economy will have to develop in spite of its legal system” while individuals and companies continue to work around official law and policies (14, emphasis in the original). Readers knowledgeable about the larger context of India’s post-independence history will find that Roy and Swamy provide many valuable scholarly and interdisciplinary insights into major developments within these selected areas of its economy.

Recent Judicial Decisions of Interest to Energy Lawyers

Last year’s submission canvassed judicial decisions that were released prior to, and post-implementation of, COVID-19 restrictions. The advent of COVID-19 caused unprecedented economic and social disruption and no industry or social institution was immune to its effect. Alberta was already attempting to manage one of the highest unemployment rates among the provinces when the COVID-19 pandemic exacted its multi-faceted toll. One aspect was a serious decline in the demand for oil, which further impacted oil prices, and the very manner in which energy industry participants would operate in the near and longer terms. The judiciary, and the broader legal system, suffered no less an impact, and extraordinary measures were taken to maintain the rule of law and preserve meaningful access to justice. Notwithstanding the extraordinary circumstances all have endured since March 2020, many reported decisions of significance to energy industry participants have been released by Canadian courts over the past year. This article summarizes a selection of key decisions covering developments in the Canadian law of contract, energy, environment, insolvency, Aboriginal, employment and labour, minority shareholder’s rights, as well as developments in civil litigation procedure. In each topic area the identified cases are reviewed with respect to their facts, a summary of the decision, and a brief commentary as to the implications or general significance of the case.

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

A Solution for SME Insolvencies?: Recent Judicial Experimentation with Simplified Insolvency Rules in China

The resolution of insolvency of small and medium-sized enterprises (‘SMEs’) has attracted much attention and criticism globally. Studies suggest that using regular insolvency law often fails to provide an efficient resolution mechanism for the particular needs of SMEs in financial distress. This article examines recent developments in China. It focuses, in particular, on recent judicial experimentation with simplifying corporate insolvency procedures to tackle insolvency cases that fall below a certain size- and scope-related threshold. Five different sets of rules on simplifying insolvency procedures are explained, and their early results evaluated. The article concludes that the simplified procedures in China have already improved some of the China-specific and global issues that hinder effective resolution of SME insolvencies and that it provides a promising option for SMEs in financial distress. Nevertheless, it also notes that simplifying insolvency rules by itself is not sufficient to address all the issues that prevent efficient resolution of SME insolvencies.

Recent Judicial Decisions of Interest to Energy Lawyers

The past year was a busy one for the energy industry, with many reported decisions of significance. Key decisions regarding constitutional jurisdiction, the duty to consult, and judicial review kept the industry in a pattern of optimism and hesitancy. This article summarizes a number of recent judicial decisions and provides commentary on their significance to Canada’s energy industry. In particular, decisions reviewed in this article cover subjects including constitutional division of powers, the Crown’s duty to consult, oil and gas leases and purchase and sale agreements, environmental remediation and liability, insolvency, intellectual property, tax, remedies and injunctive relief, class actions, conflict of laws, arbitration, and judicial review. In each case, the facts, a summary of the decision, and commentary on the outcomes and future implications for energy lawyers and the industry are canvassed. With the past year of decisions finishing with COVID-19 restrictions, the energy industry saw some of the most drastic change in recent memory. The industry will need to exercise perseverance in these tumultuous times in order to adapt, withstand, and recover from the changes of this past year.

The good, the bad and the ugly of eyewitness identification practice in police officers – a self-report survey study

ABSTRACT Witness identification practice of the police plays a critical role in the criminal proceedings. The current study examines police officers’ knowledge regarding factors affecting witness memory as well as witness interview and identification practices in Taiwan, after relevant judicial reform had been implemented for more than a decade. A total of 499 police officers in Taiwan participated in the survey to report their knowledge and actual practice of eyewitness interview and identification. The findings revealed strengths as well as weaknesses in their current practice. More disconcertingly, most (87.8%) of them did not receive relevant training, and those who received training scored lower in both eyewitness knowledge and witness identification practice than those who received no training. These findings suggested that operations of eyewitness identification were not completely in line with recommended best practice outlined in recent Judicial Reform and that the current training need to be improved to increase its effectiveness.

Dental Legal Cases – Recent Judicial and Extrajudicial Legal Cases Concerning Dental Practice in Switzerland

In the following, legal cases under the Swiss legal system practice concerning dental practice in Switzerland in the fields of criminal, liability and administrative law of the last 20 years will be examined. The objective is to raise awareness of the legal consequences of dental malpractices on the basis of real cases and to make specific suggestions for improvement, which can ultimately contribute to improving the quality of dental practice. Relevant legal cases in the fields of criminal, liability and administrative law were collected with the help of electronic data bases and cantonal courts. The results consist of nineteen court decisions, which in essence concern the withdrawal of professional licenses, prohibition from practice, bodily injury offenses and forgery of certificates. In fifteen of these nineteen cases, the dentist is found guilty by at least one court, in two of them the concerned is acquitted by all the courts mentioned, and in another two, the dentist is convicted for working without an appropriate license. It amounts to the fact that dentists should be fully aware of the legal system and communicate transparently. Moreover, it would be appropriate for patients to stand up for their rights but not to take inappropriate legal action. Furthermore, the Swiss legal system could help to reduce the number of unlawfully issued professional licenses by establishing an intercantonal database.

Recent Judicial Decisions of Interest to Energy Lawyers

This article summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review and comment on the past year’s case law in several areas including alternative dispute resolution, bankruptcy and insolvency, contractual interpretation (including operator agreements), competition law, corporate separateness, damages and limitations of liability, Indigenous law, torts, and selected developments relating to summary dismissal. Specific topics addressed include the interpretation of exclusion clauses; the reaffirmation of the principle of corporate separateness; confirmation that environmental cleanup costs take priority over creditors in bankruptcy proceedings; confirmation that the development, passage, or enactment of legislation does not trigger the duty to consult; and apportionment of liability and Pierringer agreements. 
 For each case, some background information is provided, followed by a brief explanation of the facts, a summary of the decision, and commentary on the outcome.

Joint Enterprise Liability: Recent Developments and Judicial Responses

This article reconsiders the decision in R v Jogee [2016] UKSC 8 and the merits of joint enterprise liability. The article is structured in three sections. First, it outlines the background to the appeal in Jogee and argues that the Supreme Court’s decision is welcome on both normative and jurisprudential grounds. Second, it considers subsequent academic criticism and the approaches taken by the High Court of Australia and Hong Kong Court of Final Appeal. Third, it responds to these differing perspectives and suggests that Jogee has left the law in a more satisfactory state, but that accessorial liability as a whole remains in need of further clarification.

Recent Judicial Decisions of Interest to Energy Lawyers

This article summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review and comment on the past year’s case law in several areas including contractual interpretation, employment and labour law, Aboriginal law, constitutional law, intellectual property, bankruptcy and insolvency, and selected developments relating to summary judgments. Specific topics addressed include the appropriate standard of review, workplace drug and alcohol testing policies, appellate intervention in commercial arbitration, the appropriateness of granting summary judgments, valuation of dissenting shareholders’ shares, a duty to consult, the applicability of municipal bylaws when they conflict with federal legislation, and the rights and obligations of oil and gas companies placed into receivership. For each case, some background information is given, followed by a brief explanation of the facts, a summary of the decision, and commentary on the outcome.

Developments in International Law of the Sea in the Light of Some Recent Judicial Decisions

This paper summarizes and analyzes the new developments in international law of the sea through a number of recent international cases, particularly through the Arbitration's Award in the Philippinesv. China Case over the East Sea. These developments include those releated to the United Nations Convention on the Law of the Sea 1982, the scope and basis of national rights to defferent maritime zones; Maritime delimitation; the important role of agreement in maritime delimitation and the signification of equitable and faire outcome; The rights and obligations of the State in the protection of the marine environment. Through its analysis and assessment, the article also confirms the central role of the United Nations Convention on the Law of the Sea, called the "Charter of the Sea and Oceans"

The Key Facts: On the European Patent Organisation and its Recent Judicial Reforms

In the following the author presents the key facts on the structure of the European Patent Organisation (EPOrg) which is in charge of patent grant in Europe. A particular attention is given to the question of judicial review of decisions taken by the various organs of the EPOrg. The recent reforms on the judiciary of the EPOrg is shown in detail.