Intellectual Property Counterfeiting and Piracy – Response of Small Commonwealth Jurisdictions∗

This article provides an analysis of some recent developments relating to Constitutional law in Jamaica, including the legal issues arising from tied elections and the dual nationality of parliamentarians. It also discusses a case relating to the failure to incorporate the United Nations Convention on Transnational Organized Crime (the Palermo Convention). In this case, though the Palermo Convention contemplates investigations by agents of one country on the territory of another for certain crimes, one state party found it was unable to carry out such investigations on the territory of another. Although the latter country, a CARICOM member state, was also a party to the Convention, it had not enacted the required implementing legislation     

Should the EU Protect Democracy and the Rule of Law inside Member States?

Against the background of recent developments in Hungary, the article discusses the question whether the European Union ought to play a role in protecting liberal democracy in Member States. First, it is argued that the EU has the authority to do so, both in a broad normative sense and in a narrower legal sense (though the latter is more likely to be disputed). The article then asks whether the EU has the capacity to establish a supranational militant democracy; here it is argued that at the moment both appropriate legal instruments and plausible political strategies are missing. To remedy this situation, the article proposes a new democracy watchdog, analogous to, but more powerful than, the Venice Commission. Finally, it is asked whether EU interventions would provoke a nationalist backlash. There is insufficient evidence to decide this question, but the danger of such a backlash probably tend to be overestimated.     

Protection of Property Rights by both International Human Rights Law ＆ Contracting States＇ Domestic Law and Its Enlightenment to China

通过对联合国框架下的人权条约、各区域人权条约以及主要缔约国在外国人财产权保障方面的规定和做法进行研究,可知联合国人权条约对一般意义上个人（包括外国人）财产权的保护程度明显偏弱,各区域人权公约对财产权的保护则各有侧重,各缔约国对外国人的财产普遍有一定限制。其中有不少是我国在外国人财产权方面制定和适用法律、规则可借鉴的做法。     

Reform and Proposed Reform of Hearsay Law in Australla,New Zealand,Hong Kong,and Canada——with Special Regard to Prior Inconsistent Statements

A.Introduction During the past twenty years,most common-law jurisdictions have attempted to reform their law of criminal     

Simply Small Men? Examining Differences Between Females and Males Radicalized in the United States

From Leila Khaled to women who joined the Islamic State, it seems clear that radical ideologies know no gender bounds. Despite this history of women’s involvement in terrorist movements and a growing amount of research on women and political violence, there have been few attempts to contrast radicalized females from their male counterparts, either in terms of broad demographic characteristics or more specifically according to ideological orientation. We remedy this shortcoming in two steps. First, we examine previous work to understand both how females may differ from males in terms of their recruitment and radicalization process but also how these differences may manifest across various ideologies. Second, using the Profiles of Individual Radicalization in the United States database, we compare radicalized U.S. females to radicalized U.S. males both as an aggregate group and across different ideological groupings. This work provides simple but important insights for scholars and policy makers examining the role of gender in radicalization.     

The Rule of Law in Today’s Africa∗

This article is based on the recent decision of the Supreme Court of Nigeria in a case involving illness resulting from the consumption of a bottled drink which contained a dead cockroach. The main issues considered were manufacturers' duty of care; the liability of a retailer in negligence; burden of proof; and causation. Evidence showed that the drink manufactured by the second respondent was sold by the first respondent to the appellant in the same condition in which it left the second respondent. The Court held that in the circumstances of the case, only the second respondent was liable to the appellant.     

English Matrimonial Law on the Eve of Reform (1828–57)

The ecclesiastical courts, which until 1857 administered English matrimonial law, could not dissolve marriages, but they had important powers, including the power to decree a permanent separation, to order payment of alimony, to make an order for restitution of conjugal rights, and to annul a marriage on certain restricted grounds. The work of these courts deserves attention: though the amount of litigation was, by later standards, comparatively small, this is not a reliable indication that the influence of the law was slight; moreover, the ecclesiastical courts often showed considerable sympathy with the interests of women, inclining to some extent in their favour on several important points of law and practice.     

Necessary and Universal Truths about Law?

Prominent analytical jurisprudents assert that a theory of law consists of necessary, universal truths about the nature of law. This often‐repeated claim, which has not been systematically established, is critically examined in this essay. I begin with the distinction between natural kinds and social artifacts, drawing on the philosophy of society to show that necessity claims about law require a fundamental reworking of basic understandings of ontology and epistemology, which legal philosophers have not undertaken. I show law is a poor fit for a priori and a posteriori knowledge. I distinguish between universal application and universal truth, showing the former is sound while the latter is not. I expose the implications that follow from the initial selection of the central case of law, demonstrating that this choice must be justified, and I reveal two ways analytical jurisprudents shield their theories of law from refutation. This analysis raises significant doubts about the claim by analytical jurisprudents that they are identifying necessary, universal truths about the nature of law.