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Full-Text Articles in Law

Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr. Dec 2011

Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

Jamhuri ya Muungano wa Tanzania ni nchi iliyotokana na nchi mbili za Tanganyika na Zanzibari mwaka 1964, tangu uhuru wa Tanganyika 1961 na uhuru wa Zanzibari 1963 pamekuwapo na maendeleo ya kikatiba kwa upande wa Muungano na kwa Zanzibari ambayo hatuna budi kuyatazama kwa mapana yake hasa juu ya ushirikishwaji wa watu katika kuzipata katiba hizi.


Overview Of The Core Changes In The New Ethiopian Urban Land Leasehold Legislation, Belachew M. Fikre Dec 2011

Overview Of The Core Changes In The New Ethiopian Urban Land Leasehold Legislation, Belachew M. Fikre

Belachew M Fikre

Rural land administration has shown a significant improvement, inter alia, due to the implementation of the possession certification process. Whether or not this process of certification would bring the desired goal of 'sustainably conserving and developing natural resources and pass over to the coming generation through the development and implementation of a sustainable rural land use planning' is yet to be seen. This progress in the rural land administration is not matched by the urban land holding system. It is rather perplexing that the total houses in Addis Ababa without title deeds are more than the ones with title deeds. …


Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr. Nov 2011

Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal basis for electronic contracts in Tanzania. The major problems that were being examined are; the ascertainment of e-contract terms and the other party in the contract with the focus to consent i.e. consensus ad idem requirements and capacity to contract. With the first problem, e-commerce involves e-contracts and the business community in Tanzania enters into contractual arrangements with external world via websites or email in which case the electronic environment is not suitable in Tanzania in terms of the laws and the technology. Messages sent via internet may be garbled …


What Has Love Got To Do With It?:Sentimental Attachments And Legal Decision-Making, David L. Markell, Tom Tyler, Sarah Brosnan Sep 2011

What Has Love Got To Do With It?:Sentimental Attachments And Legal Decision-Making, David L. Markell, Tom Tyler, Sarah Brosnan

david l markell

Our underlying premise in this article is that a government is likely to bolster its legitimacy when it uses legal decision-making procedures in which the public has confidence. Our findings, which are based on a survey about options for resolving disputes in the land use arena, identify an important anomaly in public preferences. While people generally preferred to resolve disputes through judicial adjudication, they did not prefer to have the courts make decisions involving sentimental value. These findings suggest that it is not possible to paint a simple picture of public procedural preferences because those preferences shift depending upon the …


Assessment Of Organic And Inorganic Phosphorus In Soils Derived From Cretaceous Sediments And Basement Complex Soils Of Guinea Savannah Of Kogi State, North Central Nigeria, Sunday I. Amhakhian, H H. Isitekhale, Charles I. Oyewole Aug 2011

Assessment Of Organic And Inorganic Phosphorus In Soils Derived From Cretaceous Sediments And Basement Complex Soils Of Guinea Savannah Of Kogi State, North Central Nigeria, Sunday I. Amhakhian, H H. Isitekhale, Charles I. Oyewole

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

A pot experiment was carried out using 20 surface soils (0-15cm depth) in 2008 to assess soil organic phosphorus and some fraction of inorganic phosphorus in other to know their availability in the soils of the studied area and also work have not been done in this areas in respect to organic and in-organic phosphorus. The experiment was conducted using 20 soils 10 from each geological formation (Cretaceous sediments and Basement complex soils), respectively. The mean organic phosphorus of 63.51 mgkg 1 soil was obtained for Cretaceous sediment soils and 158.54 mgkg 1 soil for the basement complex soils respectively. …


Development Of Functional Indices Of Facility Occurrence Towards The Distribution Of Social Services In Lagos Island Nigeria., Augustus O. Atubi Aug 2011

Development Of Functional Indices Of Facility Occurrence Towards The Distribution Of Social Services In Lagos Island Nigeria., Augustus O. Atubi

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Proper coordination of transport and public facilities provision is vital to any balanced regional development strategy. The central aim of this study, therefore, is to find out what the relationship is between access to the transport network and the provision of functional indices of facility occurrence towards the distribution of social services in Lagos Island, Nigeria. In particular it seeks to find out areas that have below or above average level of facility occurrences relative to the level of accessibility. However, a pair wise correlation matrix of the eleven (11) variables employed in the index construction was carried out. The …


Urban Climate And Challenges Of Tropical Cities, B E. Omogbai Jul 2011

Urban Climate And Challenges Of Tropical Cities, B E. Omogbai

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

This study examines the nature of urban climate, features and the challenges on the developing tropical cities in the 21st century. It argues that the use of principles of urban climate would help in providing comfortable living conditions and problem immune working environments for the inhabitants of tropical cities. The findings reveal that owing to poor environmental planning, inadequate geotechnical landscape surveys prior to the development of urban infrastructures, and non-adherence to the principles of urban climate, challenges of landscape degradation, excessive flooding of the built infrastructures, heat-island effects, and collapse of buildings have emerged. Suggested measures to avert these …


Expedience Of Information Technology Case Management Database Systems In Curbing Inconsistent Decisions Of Supreme Court And Court Of Appeal In Nigeria, Chinedu Chibueze Ihenetu-Geoffrey Jul 2011

Expedience Of Information Technology Case Management Database Systems In Curbing Inconsistent Decisions Of Supreme Court And Court Of Appeal In Nigeria, Chinedu Chibueze Ihenetu-Geoffrey

Chinedu Chibueze Ihenetu-Geoffrey

Quality is never an accident, it is always the result of high intention, sincere effort, intelligent direction and skilful execution. It represents the wise choice of many alternatives. When one looks at the impressive presentation of cases and law reports through effective IT database in other jurisdictions of the world, what readily comes to mind is that there is indeed a possibility of perfection where attention has been paid to fine details. Indeed, only the most cynical of legal practitioners would be left unimpressed by the excellent and exciting IT case management systems that these jurisdictions have brilliantly succeeded in …


Detecting Changes In Landuse/Cover Of Umuahia, South-Eastern Nigeria Using Remote Sensing And Gis Techniques, Fanan Ujoh, Olarewaju Oluseyi Ifatimehin, Adams Ndalai Baba Jul 2011

Detecting Changes In Landuse/Cover Of Umuahia, South-Eastern Nigeria Using Remote Sensing And Gis Techniques, Fanan Ujoh, Olarewaju Oluseyi Ifatimehin, Adams Ndalai Baba

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Since 1991 when it became the capital city of Abia State, Umuahia has undergone tremendous transformation in its land use and land cover due to rapid urbanization. The main materials employed for this study are a land use map (1991) and Landsat ETM+satellite image (2007) of the study area. These, combined with field survey/checks, were brought into a GIS environment using ILWIS 3.2 Academic image classification software to map the land use/land cover and to estimate the rate of urban expansion and loss of rural land at the peri-urban fringes of Umuahia between 1991 and 2007. The study revealed significant …


Social Contract Theory Of John Locke (1932-1704) In The Contemporary World, Daudi Mwita Nyamaka Mr. Jun 2011

Social Contract Theory Of John Locke (1932-1704) In The Contemporary World, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The 17th century period was marked by an attempt to erect effective safeguard against violations of natural law by governments. Law in this period was conceptualized as an instrument for the prevention of autocracy and despotism. Absolutism in Europe that was associated with governmental encroachments necessitated a strong shield of individual liberty. In this period legal theory placed the main emphasis on liberty, thus the law was to render governments capable of functioning as a guarantor of individual rights. This paper aims at examining the social contract theory of the 17th-century English philosopher, John Locke, its parameters, limitations and its …


Gender Participation In The Management Of Tricycle Transport For Youth Empowerment And Sustainable Development In Kano State, Nigeria, Nuratu Muhammed Jun 2011

Gender Participation In The Management Of Tricycle Transport For Youth Empowerment And Sustainable Development In Kano State, Nigeria, Nuratu Muhammed

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

The research examined gender participation in the management of tricycle for youth empowerment and sustainable development in Kano state, Nigeria. Stratified random sampling technique was used to select samples of drivers(150), passengers (150) and owners/managers the female tricycle owners fell under this category and they numbered(65).All together a total of 365 samples were selected for the study. Data obtained from the primary data was analyzed using simple statistical techniques and chi square test to ascertain whether there was any significant differences in some of the variables tested. The results of the analysis revealed that the main difference was found in …


In Making Disaster Plans, We Have To Imagine The Worst Case, Robert R.M. Verchick Apr 2011

In Making Disaster Plans, We Have To Imagine The Worst Case, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.


Recovery In Japan: Will It Be Heavy-Handed Or Hands-Off?, Robert R.M. Verchick Apr 2011

Recovery In Japan: Will It Be Heavy-Handed Or Hands-Off?, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.


Environmental Problems Of Industrialization And Sustainable Development In Nigeria - A Review, Adejoh Iyaji Feb 2011

Environmental Problems Of Industrialization And Sustainable Development In Nigeria - A Review, Adejoh Iyaji

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

The main objective of this paper is to examine the impact of the quest for industrialization on the environment in Nigeria; others include, the identification of the objectives of sustainable development as well as making recommendations that will lead to the much needed sustainable environment both for the present generation and generations yet unborn. The researcher relied principally on secondary sources of data for this paper which is theoretical in approach. Findings revealed the emergence of a host of environmental problems such as air pollution, deforestation, desertification, solid and hazardous waste problems in the wake of the quest for industrialization. …


El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva Feb 2011

El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


The Quiet Revolution Goes West: The Oregon Planning Program, Edward J. Sullivan Jan 2011

The Quiet Revolution Goes West: The Oregon Planning Program, Edward J. Sullivan

Edward J Sullivan

THE QUIET REVOLUTION GOES WEST: THE OREGON PLANNING PROGRAM 1961-2011 By Edward J. Sullivan

I. Introduction and Background

A. Oregon’s peculiar political, social and economic history provided fertile ground for land use planning B. Individual political leaders influential in the planning choices added to the mix C. Article demonstrates the fortunate constellation of circumstance and leadership causing formulation of current state planning program – not easily replicated elsewhere

II. Evolution of the Oregon Planning System – Circumstances, Personalities and Luck

A. Pre-planning economic, social and political history 1. Eden at the End of the Oregon Trail 2. Effect of the …


Toward A Bureau Of Landscape Management: The Evolution Of Blm's Conservation Mission, Phillip H. Hanceford, Nada Wolff Culver Jan 2011

Toward A Bureau Of Landscape Management: The Evolution Of Blm's Conservation Mission, Phillip H. Hanceford, Nada Wolff Culver

Phil Hanceford

The years 2011 and 2012 mark important milestones for the Bureau of Land Management (BLM), an agency within the United States Department of the Interior. The 65th anniversary of the agency, the 35th anniversary of its organic act, FLPMA, the 150th anniversary of the Homestead Act, and the 200th anniversary of the agency’s predecessor, the General Land Office. With these events and the dawning of a new age of conservation within the BLM by entering the second decade of the National Landscape Conservation System, it is appropriate to take a step back to examine where the agency has come from …


Adverse Possession, Private-Zoning Waiver & Desuetude: Abandonment & Recapture Of Property And Liberty Interests, Scott A. Shepard Jan 2011

Adverse Possession, Private-Zoning Waiver & Desuetude: Abandonment & Recapture Of Property And Liberty Interests, Scott A. Shepard

Scott A. Shepard

Adverse-possession doctrine labors under a pair of disabilities: a hesitancy by theorists to embrace the abandonment-and-recapture principle that informs the doctrine, and a substantial unwillingness of governments to abandon an antiquated and outmoded maxim shielding them from the doctrine’s important work. Removing these disabilities will allow a series of positive outcomes. First, it will demonstrate that all would-be adverse possessors, not just those acting “in good faith” or with possessory intent, should enjoy the fruits of the doctrine. Second, it will provide valuable additional means by which the public may monitor the performance of government employees, and additional discipline to …


The Public Trust Navigates California's Bay Delta, Paul Stanton Kibel Jan 2011

The Public Trust Navigates California's Bay Delta, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.


Going-Going-Green: Strategies Fostering Sustainable New Federal Buildings, Patrick E. Tolan Jr. Jan 2011

Going-Going-Green: Strategies Fostering Sustainable New Federal Buildings, Patrick E. Tolan Jr.

Patrick E. Tolan Jr.

Green building, also known as sustainable building or high performance building, has exploded in popularity over the past several years as construction experience and cost-benefit studies have shown that owners of green buildings derive financial as well as environmental benefits. By smartly designing the building to maximize advantages at the onset, these newer buildings are more friendly to workers, more flexible for future growth, better integrate environmental and comfort factors using a whole building design philosophy, and help conserve energy, water, and other resources. As the world’s largest owner and operator of buildings and the nation’s largest energy user, the …


Academic Research And Writing As Best Practices In A "Practically Grounded" Land Use Course, Matthew J. Festa Jan 2011

Academic Research And Writing As Best Practices In A "Practically Grounded" Land Use Course, Matthew J. Festa

Matthew J. Festa

Land use is a discipline that involves diverse academic, practical, and social perspectives; it is also an ideal subject for applying nontraditional teaching methods, including those suggested by the “best practices” movement in legal education. In this article—a contribution to the “Practically Grounded” conference on teaching land use and environmental law—I suggest that a scholarly research and writing focus can help students develop their practical and analytical skills and values while achieving “best practices” goals in the context of a doctrinal land use course. In the article I set forth a pedagogical basis for including an academic writing component in …


Adaptive Responses To Flooding Incidents In Ilorin, Kwara State, Nigeria, Habiba I. Jimoh, Kayode A. Iroye Jan 2011

Adaptive Responses To Flooding Incidents In Ilorin, Kwara State, Nigeria, Habiba I. Jimoh, Kayode A. Iroye

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Incidents of floods which are mainly caused by changes in landuse is fast becoming a city life experience in Ilorin as in most urban centres in Nigeria causing untold hardships and sometimes loss of lives. This extreme hydro-meteorological event is also being exacerbated by climate change which thus calls for adaptive response by residents towards reducing its risks, hence this study. Data used were generated from direct field measurements and questionnaire administration. Descriptive statistics and cross tabulations were used in analyzing the data. Results obtained indicate that most respondents use a wide range of non-structural adaptive response to flood. The …


An Assessment Of Socio-Economic Impact Of Waste Scavenging As A Means Of Poverty Alleviation In Gwagwalada, Abuja., John Yakubu Magaji, Samuel Panse Dakyes Jan 2011

An Assessment Of Socio-Economic Impact Of Waste Scavenging As A Means Of Poverty Alleviation In Gwagwalada, Abuja., John Yakubu Magaji, Samuel Panse Dakyes

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Waste scavengers are usually perceived as being among the poor, and scavenging is considered a marginal activity. They tend to have low incomes, but can obtained decent earning when they are not exploited by middlemen. This study was conducted in Gwagwalada town with the aim of assessing the socio-economic impact of scavenging on the people. A structured questionnaire was constructed to capture the demographic characteristics of the scavengers, their experiences, types of items scavenged, the economic gains and the challenges being faced. The target pollution is waste scavengers and a random sampling technique was adopted in selecting the respondents for …


O Direito E A Cidade: O Papel Do Estado Na Organização Espacial Da Região Metropolitana De Belo Horizonte, Rafael De Oliveira Alves, Letícia De Melo Honório Jan 2011

O Direito E A Cidade: O Papel Do Estado Na Organização Espacial Da Região Metropolitana De Belo Horizonte, Rafael De Oliveira Alves, Letícia De Melo Honório

Rafael de Oliveira Alves

O objetivo principal deste estudo é apresentar os referenciais teóricos e a metodologia de análise sobre o zoneamento urbanístico a partir dos processos socioespaciais presentes na região metropolitana de Belo Horizonte (RMBH). Para tanto, adotamos um pressuposto geral de que há uma relação dinâmica entre a “produção do espaço” e a “produção do direito” e que a legislação municipal de regulação do solo de Belo Horizonte gera efeitos de segregação socioterritorial intra e extramunicipal. A partir desses fundamentos, foram avaliados os planos diretores e as leis de uso e ocupação do solo dos municípios de Belo Horizonte, Brumadinho, Nova Lima, …


Cancun Climate Negotiations, Prof. Elizabeth Burleson Jan 2011

Cancun Climate Negotiations, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.


Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson Jan 2011

Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Indigenous peoples have modeled sustainable development around the world. Incentivizing the innovation and instillation of wind, solar, and other renewable energy sources can come in the form of public funding, including renewable portfolio standards, feed in tariffs and green tag programs. This article analyzes ways in which tribal communities are helping to expand cooperative good governance.


Water, Climate, And Energy Security, Prof. Elizabeth Burleson Jan 2011

Water, Climate, And Energy Security, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.


From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Prof. Elizabeth Burleson Jan 2011

From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article considers the advantages and disadvantages of market-based program design, natural gas regulation, and enhanced international understanding. Transitioning to a green economy involves dedicating efforts towards environmentally sound energy innovation. RGGI, natural gas, and climate change represent sustainability challenges. Optimizing cooperative transboundary green innovation can facilitate inclusive decision-making just as public participation by civil society can help economies transition to environmentally sound energy use. Building upon progress made in the human rights and environment fields can advance both and enhance resilience.


Energy Revolution And Disaster Response In The Face Of Climate Change, Prof. Elizabeth Burleson Jan 2011

Energy Revolution And Disaster Response In The Face Of Climate Change, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Nuclear meltdown in Japan and civil society strife across the Middle East highlight the degree to which resilience is core to international peace and security. This article considers the means by which communities can become increasingly resilient through shared best practices across a range of climate change measures.