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‘Ain’t Misbehavin’: Judicial Conduct and Misconduct
Get PDFThis article looks at recent cases of judicial misconduct and alleged judicial misconduct. These include examples of judicial bias, or the appearance thereof, in relation to parties and to lawyers and failure to recuse oneself, judicial reaction to press criticism, judges using their court computers to watch pornography, a judge responding to a defendant’s bad language by using bad language herself, a judge with outdated views about rape and whether another judge’s comments about rape in passing sentence were validly criticized. The way in which the Judicial Conduct Investigations Office and other judges have dealt with complaints of judicial misconduct is discussed and in some cases found wanting.
Keywords: judicial misconduct, judicial discipline, bias, recusal, pornography, rap
China’s New Foreign Investment Law: An Open-and-Shut Case for Foreign Investors?
Get PDFChina’s legal framework for governing foreign investment has recently been considerably streamlined in comparison to its former self. The newly promulgated Foreign Investment Law of the People’s Republic tends to level the investment playing field in the country so that foreign investors can no longer enjoy significant privileges that have been unavailable to domestic firms and entrepreneurs. Operating a relatively nondiscriminatory mechanism, such as has been introduced, will in practice mean reliance on a negative list approach to confine inflows of overseas capital to specifically identify sensitive sectors. As China has committed its market to opening up on a much grander scale in the foreseeable future, the new foreign investment regime and accompanying ideology may not necessarily deter foreign investors from looking for opportunities in the foreseeable future.
Keywords: China; foreign investment; negative list; market opening-u
Lions in the Whirligig of Time— Stephen Sedley’s Lions under the Throne: Essays on the History of English Public Law and Law and the Whirligig of Time
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The harm that judges do – misunderstanding computer evidence: Mr Castleton’s story: ‘an affront to the public conscience’
Get PDFThe reliability of computer systems, and the reliability of documents produced by computers, is important. There is a widely held perception that computers are fundamentally reliable. Further, it is commonly assumed that most computer errors are readily detectable or otherwise the result of user ‘input’ error. Since 1997 the courts have applied the presumption of the proper functioning of machines to computers. This article considered the case of Lee Castleton to illustrate that this presumption can have a devastating effect when applied.
Index words: software, electronic evidence, computer evidence, presumption of reliabilit
The application of forensics examination in crime-related prosecution: The need for standardization and a recognized model in Nigeria
Get PDFThe increased use of the internet and information technology in Nigeria has led to the need to utilize technologies to identify and prosecute perpetrators of crimes. In today’s world, the application of forensics in the investigation and prosecution of crimes is essential. This paper critically examines the effect of the absence of a coordinated standard for the execution and presentation of forensic investigations utilizing electronic evidence in Nigeria. It examines the nature and scope of the various forensic models proposed, while questioning the appropriateness or otherwise of their usefulness in criminal prosecutions. The paper suggests the need for the regulation of forensics practices, the provision of standards, and a universal model for the successful prosecution of crimes in Nigeria.
Index words: Nigeria; forensic examination; digital crime; standardizatio
