Laws without teeth: An overview of the problems associated with corruption in Ukraine

This paper presents an overview of the current problems of corruption in Ukraine. It provides an example of specific corruption practices in the country and describes the general provisions related to the fight against corruption in Ukraine. The paper presents preliminary results of a pilot study of corruption in Ukraine to examine the impact of corruption on thefinancial markets. We support the proposition of Claessens, Djankov, andKlingebiel (2000) that the development of financial institutions and the improvement of financial market services in a nation can be viewed as indicators of the effectiveness of the economic, political, and legal reforms and the dedication of the government to these reforms. The paper ends with a discussion of the role of the international community in the fight against corruption in Ukraine.     

Democratization and Political Change as Threats to Collective Sentiments: Testing Durkheim in Russia

Durkheim argued that acute political crises result in increased homicide rates because they pose a threat to sentiments about the collective. Though crucial to Durkheim's work on homicide, this idea remains untested. The authors took advantage of the natural experiment of the collapse of the Soviet Union to examine this hypothesis. Using data from Russian regions (N = 78) and controlling for measures of anomie and other covariates, the authors estimated the association between political change and change in homicide rates between 1991 and 2000. Results indicated that regions exhibiting less support for the Communist Party in 2000 (and thus greater change in political ideals because the Party had previously exercised complete control) were regions with greater increases in homicide rates. Thus, while democratization may be a positive development relative to the Communist juggernaut of the past, it appears that the swift political change in Russia is partially responsible for the higher rates of violence there following the collapse of the Soviet Union.     

Gaining confidence in the law of confidence

Legal context. The recent case of EPI v Symphony has left theUK law of confidentiality in an uncertain state: the extentto which recipients of confidential information may be permittedto ‘use’ mixtures of such information with publiclyavailable material remains unclear. The Court of Appeal in EPIfelt that it was hard to reconcile the principle that any claimin confidence must fail if the material in question is in thepublic domain with the ‘springboard’ doctrine; butis the distinction illusory? Key points. Issues raised in this case include considerationof what precisely is ‘use’ of confidential information,when mixed with public information, and whether a confider shoulddo more than rely on confidentiality obligations to protectthe fruits of his/her disclosures. This article asks how confidentialityobligations may be aligned with the control of statutory intellectualproperty rights. It considers whether the Court of Appeal inMarkem v Zipher has confused the issue and speculates as tohow far the general law of contract can assist the confider. Practical significance. Finally, this article discusses whichlegal tools will best assist the confider seeking to protectits intellectual property.     

Intergovernmental relations in Nigeria: Local government and the 1979 Nigerian Constitution

This paper examines the intergovernmental relations prescribed by the Nigerian Constitution of 1979. In particular it discusses the elevated constitutional status of local government, tracing the origins of this to the 1976 local government reform. The question of how to interpret the provisions of the Constitution on the restructuring of local government and whether this is solely a State responsibility or a joint State/Federal responsibility is analysed. The article argues that the States have political and administrative responsibility for local government whereas the Federal responsibility concerns the regulation of the amount of money to be distributed to local government from the Federal Account. The Lagos State High Court judgement which supports the view that States have political and administrative responsibility for local government, but nullified the State's legislation, is extensively reported and analysed. Also discussed is the Allocation of Revenue (Federation Account, etc.) Act 1981 which both reflects and supports the view that the federal relationship to local government is defined by finance. The paper also probes the intention of the Constituent Assembly by analysing its report. The paper complements that by Smith and Owojaiye in the previous number.     

The politics of health care regulation: the case of the National Health Planning and Resources Development Act

This paper examines the political and bureautic dynamics of health regulation under the National Health Planning and Resources Development Act and, to a lesser extent, the Carter Cost Proposal now before Congress. A number of underlying issues that affect the day-to-day exercise of health planning are considered, including the contest between state and local and federal government for program control, jurisdictional conflict between state and local planning agencies, and the unsettled roles to be played by professional planners, consumers, and providers. When we assess regulatory policy in health, these complicating factors must be added to the long list of handicaps that already exist. One important finding is that local planning agencies have embraced the task of health regulation somewhat more fully than had generally been expected. A number of explanations for this are offered. In short, the controlling factors in health planning are political, not technical, and there is more occurring at the state and local levels than many had predicted, although any impact is not likely to be dramatic.