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.     

The decision to leave an abusive relationship: The testing of an alternative methodological approach

Most studies that consider the factors influencing the decision to leave an abusive relationship rely on retrospective, self-report data. In addition to the biased samples that are frequently obtained in such investigations, the methodological shortcomings of survey research limit its explanatory power, particularly when applied to such sensitive topics as family violence. This report introduces an alternative method for studying the decision to leave an abusive relationship. Forty-five men and 68 women were studied using an experimental computer game of an abuse-like relationship. The tendency to leave this relationship was measured under four differing conditions of severity and frequency of abuse. A logit analysis revealed that the frequency of abuse was more consequential to women's decisions to leave, while severity of abuse was more salient for men. In addition, the hypothesized model, including frequency of abuse, severity of abuse, and locus of control, fits well for women but not for men. The implications of these findings, as well as the validity and future application of experimental games, are discussed.     

“Legitimate Strengths in Criminal Networks”

Extending from the organizing crime perspective, we study how legitimate world actors contribute to structuring a criminal network. This focus also underscores the facilitating role that some participants have in criminal settings. Based on a case study of an illegal drug importation network that was monitored by law-enforcement investigators over a two-year period, we find that although most legitimate actors (or non-traffickers) had nominal roles and contributed minimally to the criminal network's structure, a minority of these actors were critical to the network in two ways: (1) they were active in bringing other participants (including traffickers) into the network; and (2) they were influential directors of relationships with both non-traffickers and traffickers. The presence of such influential participants from legitimate occupational settings illustrates how upperworld figures can facilitate criminal enterprise beyond the mere contributions of legitimate status and expertise.     

Splitting the Atom of Sovereignty: Term Limits, Inc.'s Conflicting Views of Popular Autonomy in a Federal Republic

In his concurrence to U.S. Term Limits, Inc. v. Thorton, JusticeAnthony Kennedy described federalism as an attempt to "splitthe atom of sovereignty." As Term Limits demonstrates, the taskis an incredibly difficult one, which deeply rends the Court.One block, currently composed of Justices John Paul Stevens,David Souter, Ruth Baider Ginsburg, and Stephen Breyer, viewthe source of constitutional authority as residing in the peopleof the nation as a whole; the other block, made up of ChiefJustice William Rehnquist and Justices Sandra Day O'Connor,Antonin Scalia, and Clarence Thomas, argue that the constitutionalwellspring is the people of each individual state. Justice Kennedy,now occupying the Court's middle ground, stresses the "dualcharacter" of federal government. The debate is much morethanacademic. Depending on how it is played out, the argument mayhave profound implications for the understanding and practiceof U.S. federalism.     

A Preliminary Validation of the Brief Spousal Assault Form for the Evaluation of Risk (B-SAFER) in Hong Kong

The present study attempted a preliminary validation of the Brief Spousal Assault Form for the Evaluation of Risk (B-SAFER) in Hong Kong. In-depth assessment was conducted on 43 identified batterers and 46 control male subjects. Results suggested that the B-SAFER could correctly classify 95% of the cases. Scores relating to the current situation were found to be particularly important in predicting intimate partner violence. The concurrent validity of the B-SAFER was demonstrated by its correlation with the Conflict Tactics Scale scores. Findings were discussed in the context of developing screening tool in the community setting with the guided clinical approach.