Corruption, Reform, and Virtue Ethics

Books reviewed in this article:
Gerald E. Caiden, O.P. Dwivedi, and Joseph Jabbra (eds.), Where Corruption Lies
Susan Rose-Ackerman, Corruption and Government: Causes, Consequences, and Reform
Peter Kobrak, Cozy Politics: Political Parties, Campaign Finance, and Compromised Governance
Raymond J. Devettere, Introduction to Virtue Ethics: Insights of the Ancient Greeks     

Enforceability of foreign copyright in Nigeria: a review of the Court of Appeal’s decision in Microsoft v Franike

With globalization and the rise of information and communications technology (ICT), the protection of intellectual protection in software and indeed foreign copyright has never been more paramount. The absence of statutory provisions in Nigeria’s main copyright legislation specifically protecting the intellectual protection in software has not helped. This article examines the Court of Appeal’s recent decision dealing with the protection of copyright in Microsoft’s software. The author is of the considered view that the approach adopted by the courts in the case is not in the overall interest of encouraging foreign ICT companies and the protection of foreign copyrights in Nigeria.     

Executive Orders and Administrative Control

One of the key recommendations of the Winter Commission was the empowerment of governors over the executive branch. However, key institutions have not evolved in this direction; the long ballot still exists in most states, and the formal powers of governors have strengthened to their probable capacity. The authors suggest that a quasi‐formal power—the gubernatorial use of executive orders—may be a significant tool for empowering the governor in the state administrative realm. Analyzing all executive orders in 49 states for 2004 and 2005, they find variation in the aggregate use of and functions performed through these orders. Many executive orders do allow the government more direction and control of state bureaucracy. Finally, the authors suggest that the study of executive orders may be necessary to understand gubernatorial power in the executive arena and beyond.     

Elemental tests of the traditional rational voting model

A simple, robust, quasi-linear, structural general equilibrium rational voting model indicates turnout by voters motivated by the possibility of deciding the outcome is bell-curved in the ex-post winning margin and inversely proportional to electorate size. Applying this model to a large set of union certification elections, which often end in ties, yields exacting, lucid tests of the theory. Voter turnout is strongly related to election closeness, but not in the way predicted by the theory. Thus this relation is generated by some other mechanism, which is indeterminate, as no existing theory explains the nonlinear patterns of turnout in the data.     

Improved Area of Origin Estimation for Bloodstain Pattern Analysis Using 3D Scanning

An important component of crime scene reconstruction is bloodstain pattern analysis (BPA). Where BPA concerns impact patterns, estimating the area of origin is critical information for scene reconstruction. Traditionally, this is achieved by measuring individual bloodstains and performing trigonometric calculations; however, 3D scanning has been proposed as a viable alternative for overcoming logistical and practical concerns with the manual method. Therefore, this project aimed to establish whether the FARO Focus 3D scanner and FARO Zone 3D software can improve the accuracy of area of origin estimates relative to the manual method. We created a series of eight bloodstain impact patterns and performed paired analysis using the two methods to estimate areas of origin for each pattern. Our data suggested that FARO-derived estimates were generally more accurate than using the manual method. FARO-estimated heights of origin areas were generally closer to the true distance. Both methods underestimated the distance from the wall for most patterns originating 150mm or greater from the wall, but overestimated distances for patterns originating closer to the wall. The degree to which distances were underestimated increased significantly the further the blood source was from the wall and was greater for FARO-derived estimates. The results of this research contribute to the validation of these instruments for operational implementation for BPA and should be considered alongside the practical benefits of 3D scanning relative to manual methods. Further, 3D scanning can provide reliable BPA reconstruction documentation for technical review and court presentation.