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.     

On the relationship between cognitive abilities and life-course-persistent offending among a sample of African Americans: A longitudinal test of Moffitt's hypothesis

Prior criminological research showed that cognitive abilities were related to delinquent and criminal activity, primarily within adolescent samples. Moffitt's developmental taxonomy anticipates that cognitive abilities will relate to criminal activity differently throughout the population of offenders, mattering more for life-course-persistent than adolescence-limited offenders. Unfortunately, prior research had not examined in great detail the long-term influence of cognitive abilities on criminal activity from birth to adulthood nor had research explored this issue within an African American sample. In this study, data from the Philadelphia portion of the National Collaborative Perinatal Project (NCPP) were used to examine the long-term effect of cognitive abilities on criminal activity from birth to adulthood.     

Deterrence and arrest ratios

In the limited research on the origins of sanction threat perceptions, researchers have focused on either the effects of actively engaging in crime or the effects of formal sanctioning but rarely on both (i.e., the arrest ratio or the number of arrests relative to the number of crimes committed). This article extends this line of research by using a sample of Colorado inmates and measures arrest ratios and sanction perceptions for eight different crime types. Analyses reveal that the offenders report both significant experiential and arrest ratio effects. Theoretical and policy implications, limitations, and directions for future research are outlined.     

The relationship between life satisfaction, risk-taking behaviors, and youth violence

This study builds on existing criminological theories and examines the role of life satisfaction and self-control in explaining youth violence. Using data from a stratified cluster sample of 5,414 public high school students who responded to the South Carolina Youth Risk Behavior Survey, the study examines the relationship between adolescents'perceptions of life satisfaction, behavioral risky acts, and self-reported acts of violence. Analyses indicate that higher levels of life satisfaction are associated with lower violence. Participation in work and involvement in health-related risk-taking behaviors pertaining to sex, drugs, and alcohol are also associated with increased violence. The implications of these findings for criminological theory and for school-based violence prevention programs are discussed.     

Light as an Analogy for Cognition in Buddhist Idealism (Vijñānavāda)

In Sect. 1 an argument for Yogācāra Buddhist Idealism, here understood as the view that everything in the universe is of the nature of consciousness / cognition, is laid out. The prior history of the argument is also recounted. In Sect. 2 the role played in this argument by light as an analogy for cognition is analyzed. Four separate aspects of the light analogy are discerned. In Sect. 3, I argue that although light is in some ways a helpful analogy for the Buddhist Idealist, in other ways it is thoroughly inappropriate. At the end of the article I ask whether the lack of fit between light and cognition is unavoidable, or whether the Buddhist Idealists could have chosen a better analogy.