bluuebunny/crossref_metadata_2025 huggingface dataset:
Performance and robustness of block constraint preconditioners in finite element coupled consolidation problems
Authors: Ferronato Massimiliano , Bergamaschi Luca , Gambolati Giuseppe
Published: July 2009

Block constraint preconditioners are a most recent development for the iterative solution to large‐scale, often ill‐conditioned, coupled consolidation problems. A major limitation to their practical use, however, is the somewhat difficult selection of a number of user‐defined parameters (at least 4) in a more or less optimal way. The present paper investigates the robustness of three variants of the block constraint preconditioning in relation to the above parameters. A theoretical analysis of the eigenspectrum of the preconditioned matrix provides relatively simple bounds of the eigenvalues as a function of these parameters. A number of test problems used to validate the theoretical results show that both the mixed constraint preconditioner (MCP) combined with the symmetric quasi‐minimal residual (SQMR) solver and the MCP triangular variant (T‐MCP) combined with the bi‐conjugate gradient stabilized (Bi‐CGSTAB) are efficient and robust tools for the solution to difficult Finite Element‐discretized coupled consolidation problems. Moreover, the practical selection of the user‐defined parameters is relatively easy as a stable behavior is observed for a wide range of fill‐in degree values. The theoretical bounds on the eigenspectrum of the preconditioned matrix may help to suggest the most appropriate parameter combination. Copyright © 2009 John Wiley & Sons, Ltd.
Synthesis of poly(p‐phenylenediamine‐ co‐o‐aminophenol)/multi‐walled carbon nanotube composites by emulsion polymerization
Authors: Aridoss Gopalakrishnan , Kim Min Sung , Son Se Mo , Kim Jong Tae , Jeong Yeon Tae
Published: July 2009

Organic–inorganic composites composed of electrically conducting copolymer p‐phenylenediamine‐ co‐o‐aminophenol and carboxylic acid functionalized multi‐walled carbon nanotubes [poly(pPD‐co‐oAP)/c‐MWNTs] were prepared via in situ emulsion pathway using sodium dodecyl sulphate (SDS) as an emulsifier and potassium persulphate as an oxidant. Acid functionalized MWNTs were used as cores in the formation of tubular shells of the composites. TEM and FESEM analysis showed that a tubular layer of coated copolymer film of several nanometer thicknesses is present on the c‐MWNTs surfaces. FT‐IR spectra endorsed the formation of composites. TGA results indicated that the decomposition temperatures of composites were higher than the bare copolymer. UV‐visible absorption spectra of diluted colloidal dispersion of composites were similar to those of the bare copolymer. The composites were also confirmed by XRD and XPS. Room‐temperature conductivity increases with an increasing fraction of c‐MWNTs. Copyright © 2009 John Wiley & Sons, Ltd.
Solid and thermal properties of ABA‐type triblock copolymers designed using difunctional fluorine‐containing polyimide macroinitiators with methyl methacrylate
Authors: Miyata Sou , Yoshida Kazuhito , Shirokura Hayato , Kashio Mikihiro , Nagai Kazukiyo
Published: July 2009

BACKGROUND: ABA‐type poly(methyl methacrylate) (PMMA) and fluorine‐containing polyimide triblock copolymers are potentially beneficial for electric materials. In the work reported here, triblock copolymers with various block lengths were prepared from fluorine‐containing difunctional polyimide macroinitiators and methyl methacrylate monomer through atom‐transfer radical polymerization. The effects of structure on their solid and thermal properties were studied.

RESULTS: The weight ratios of the triblock copolymers derived using thermogravimetric analysis were shown to be almost identical to the ratios determined using 1H NMR. The solid properties (film density and maximum d‐spacing value) and thermal properties (glass transition and thermal expansion) were shown to be strongly dependent on the weight ratios of both PMMA and polyimide components. Furthermore, a porous film, which showed a lower dielectric constant of 2.48 at 1 MHz, could be prepared by heating a triblock copolymer film to induce the thermal degradation of the PMMA component.

CONCLUSION: The use of the polyimide macroinitiator was useful in the preparation of ABA‐type triblock copolymers to control each block length that influences the solid and thermal properties. Additionally, the triblock copolymers have great potential in preparing porous polyimides in the application of electric materials as interlayer insulation membranes of large‐scale integration. Copyright © 2009 Society of Chemical Industry
Structure build‐up at rest in polymer nanocomposites: Flow reversal experiments
Authors: Eslami Hassan , Grmela Miroslav , Bousmina Mosto
Published: July 2009

Evolution of the microstructure as well as the shear stress and the normal stress difference of polymer/layered silicate nanocomposites prepared by melt mixing of poly[butylene succinate‐co‐adipate] and organically modified montmorillonite are investigated in transient forward and reverse start‐up shear flows at different clay loading and different shear rates. Special attention is paid to the structure build‐up at rest and to the amplitude of the overshoots observed during the reverse start‐up test in the shear stress and the normal stress difference. The model that we have developed previously is used to suggest an explanation for the observed phenomena. The model is able to capture observed behavior of the shear stress in both forward and reverse start‐up flows. It fails, however, to predict experimentally observed overshoot in the normal stress difference. © 2009 Wiley Periodicals, Inc. J Polym Sci Part B: Polym Phys 47: 1728–1741, 2009
Optical properties of the photorefractive polymeric composite with modified PVK polymer
Authors: Moon In Kyu , Choi Chil‐Sung , Kim Nakjoong
Published: July 2009

Poly[N‐(2‐ethylhexyl)‐3‐vinylcarbazole has been synthesized by radical polymerization from N‐(2‐ethylhexyl)3‐vinyl‐carbazole. The 50‐μm thick photorefractive device containing 30 wt % piperidin‐4‐ylbenzylidene‐malononitrile showed a diffraction efficiency of 40% of 50 V/μm, which corresponded to a Δn of 0.8 × 10−3. The photorefractive response time was τ1 = 0.6 s. © 2009 Wiley Periodicals, Inc. J Polym Sci Part B: Polym Phys 47: 1695–1702, 2009
Improvement of crystal quality of GaN grown on AlN template by MOCVD using HT‐AlN interlayer [Phys. Status Solidi C 6, No. S2, S317–S320 (2009)]
Authors: Yuebin Tao , Zhizhong Chen , Zhijian Yang , Liwen Sang , Zhitao Chen , Ding Li , Hao Fang , Yaobo Pan , Jianfeng Yan , Guangmin Zhu , Cheng Chen , Shitao Li , Maosheng Hao , Guoyi Zhang
Published: July 2009

In the PDF file of the paper by Y. B. Tao et al. [Phys. Status Solidi C 6, S317 (2009)], published online 7 May 2009, a wrong image was loaded: in place of Fig. 2, inadvertently Fig. 1 was shown again. This Erratum displays Figs. 1 and 2 properly. (© 2009 WILEY‐VCH Verlag GmbH & Co. KGaA, Weinheim)
Evaluating potential benefits of dose–exposure–response modeling for dose finding
Authors: Hsu Chyi‐Hung
Published: July 2009

Dose‐regimen selection for confirmatory trials and characterization of dose‐response relationship are arguably among the most important and difficult tasks in clinical drug development. Inadequate dose‐regimen selection is believed to be one of the key drivers of the high attrition rate in Phase III. Nowadays, drug concentrations are routinely measured in patients in clinical studies throughout the drug development process. This drug exposure information is often used to explain some of the response variability. It could also be used to improve characterization of dose‐response, and consequently result in a better dose‐regimen selection. A simulation study was undertaken to assess the potential value of dose‐response characterization methods that utilize exposure data relative to methods that only require dose and response data. Copyright © 2009 John Wiley & Sons, Ltd.
Kirchhoff index of linear pentagonal chains
Authors: Wang Yan , Zhang Wenwen
Published: July 2009

The resistance distance rij between two vertices vi and vj of a connected graph G is computed as the effective resistance between nodes i and j in the corresponding network constructed from G by replacing each edge of G with a unit resistor. The Kirchhoff index Kf(G) is the sum of resistance distances between all pairs of vertices. In this article, following the method of Yang and Zhang in the proof of the Kirchhoff index of liner hexagonal chain, we obtain the closed‐form formulae of the Kirchhoff index of liner pentagonal chain Pn in terms of its Laplacian spectrum. Finally, we show that the Kirchhoff index of Pn is approximately one half of its Wiener index. © 2009 Wiley Periodicals, Inc. Int J Quantum Chem, 2010
Sustainable procurement of minor items – exploring limits to sustainability
Authors: Haake Hans , Seuring Stefan
Published: July 2009

The field of sustainable supply chain management has seen a rapid expansion of corporate activities as well as academic research over the last few years. This paper points to an obvious shortcoming in the way the topic is being addressed in almost all contributions: major, well known, product related goods and services are almost exclusively targeted, leading to definitions, frameworks and empirical research that fail to include more minor items and related purchasing processes. This has various reasons, but is an inadequate approach when overall impacts along an entire supply chain are considered and the basic tenets of sustainability respected. The paper discusses the reasons for such shortcomings and suggests some measures by which they could be overcome, thereby also stimulating future research. Copyright © 2009 John Wiley & Sons, Ltd and ERP Environment.
Host‐bacteria interactions in the intestine: homeostasis to chronic inflammation
Authors: Barbosa Theolis , Rescigno Maria
Published: July 2009

In the past decade it has become clear that the gut constitutes an important frontier of the body, which not only regulates the selective entry of nutrients while keeping vigilant against pathogens but also is largely responsible for shaping the immune response to educate the organism to recognize self from non‐self. The very notion of self has undergone a dramatic change, with the acknowledgment that our ‘selves’ include a plethora of microbial species that actively participate in our body's homeostasis. The immune system continuously adapts to the microbiota in a cyclic, dynamic cross talk where intestinal epithelial cells play an important role in instructing noninflammatory responses for a steady‐state control of bacterial growth, or triggering inflammatory mechanisms that can clear the gut from harmful invaders. The system is complex and robust in the sense that many players with partially overlapping roles act to keep the integrity of the intestinal mucosal barrier. Failure of these mechanisms involves genetic and environmental triggers and leads to inflammatory bowel disease. In this review, we seek to collect the state‐of‐the‐art knowledge about how host and microbiota interact to promote gut homeostasis and provide evidences of malfunctioning of the described mechanisms in human inflammatory bowel disease. Copyright © 2009 John Wiley & Sons, Inc.

This article is categorized under:

Physiology > Organismal Responses to Environment
Models at the single cell level
Authors: Cheong Raymond , Paliwal Saurabh , Levchenko Andre
Published: July 2009

Many cellular behaviors cannot be completely captured or appropriately described at the cell population level. Noise induced by stochastic chemical reactions, spatially polarized signaling networks, and heterogeneous cell–cell communication are among the many phenomena that require fine‐grained analysis. Accordingly, the mathematical models used to describe such systems must be capable of single cell or subcellular resolution. Here, we review techniques for modeling single cells, including models of stochastic chemical kinetics, spatially heterogeneous intracellular signaling, and spatial stochastic systems. We also briefly discuss applications of each type of model. Copyright © 2009 John Wiley & Sons, Inc.

This article is categorized under:

Models of Systems Properties and Processes > Cellular Models
Shipment and storage effects on the terminal velocity of seeds
Authors: Marchetto Katherine M. , Jongejans Eelke , Jennis Matthew L. , Haner Emily M. , Sullivan Caitlin T. , Kelly Dave , Shea Katriona
Published: July 2009

Mechanistic models of seed dispersal by wind include terminal velocity as the main seed characteristic that influences the dispersal process and hence the resulting dispersal kernels and spread rates. Accurate measurement of the terminal velocity of seeds is therefore pivotal. However, compression during shipment through the post or during storage between collection in the field and terminal velocity measurements in the lab may affect these measurements. To evaluate the effects of shipment and storage on terminal velocity measurements, capitula of Carduus nutans, an invasive thistle species from Eurasia, were stored for 1–5 years and subjected to three different packing treatments. Seeds from capitula were then assessed for terminal velocity values, plume area, seed mass, wing loading, number of filaments per pappus, qualitative assessments of pappus damage, and number of intact dispersal units per capitulum. Compression significantly increased seed terminal velocity. However, storage duration for 1–5 years did not cause a significant increase or decrease in any of the response variables. The compression treatment was validated by shipment of seeds from New Zealand to the United States. When capitula that are to be used for terminal velocity measurements are stored or shipped, they should be packaged in incompressible containers to avoid damage to the fragile dispersal structures. Studies using capitula that were originally collected and stored for other purposes, such as transcontinental demographic studies, should rescale observed terminal velocity values to take into account possible damage.
The COPI system: Molecular mechanisms and function
Authors: Beck R. , Ravet M. , Wieland F.T. , Cassel D.
Published: July 2009

Transport of membranes and proteins in eukaryotic cells is mediated by vesicular carriers. Here we review the biogenesis and functions of COPI vesicles, carriers that operate in the early secretory pathway. We focus on mechanisms mediating coat recruitment, uptake of cargo, vesicle budding and fission, and finally dissociation of the coat. In this context, recent findings on the interplay between machinery and auxiliary proteins in COPI vesicle formation and function will be discussed. Specifically, we will weigh the pros and cons of recent data on roles of the small GTP binding protein Arf1, of Arf1GAPs, and lipids during COPI carrier formation.
Entscheidungen auf Basis von Effizienzgrenzen: Berücksichtigung von Patientenpräferenzen
Authors: Mühlbacher Axel C. , Bethge Susanne , Tockhorn Antje
Published: July 2009

Einleitung

Bei der Bewertung von Gesundheitstechnologien durch Effizienzgrenzen spielen Patientenpräferenzen derzeit eine untergeordnete Rolle. Die Bewertung konzentriert sich vielmehr auf den Nutzen im Sinne klinischer Wirksamkeit und Sicherheit. Werden mehrere Endpunkte bzw. Effizienzgrenzen einer Entscheidung zugrunde gelegt, erscheint eine Gewichtung dieser Informationen sinnvoll. Zu diesem Zweck können Patientenpräferenzen mittels etablierter Analyseverfahren erhoben werden. Innovative Studienformen liefern wertvolle Zusatzinformationen über die Bedeutung von Endpunkten aus Sicht der Betroffenen. Ein solches Verfahren zur Präferenzmessungen ist die Discrete Choice-Analyse.
A Rare Occipital Condyle Fracture in a Patient With A Minor Head Injury
Authors: Huang Da‐Wei , Tai Shih‐Huang , Hung Yu‐Chang , Fang Vong‐Kouy , Lee Ming‐Yang , Lee E‐Jian
Published: July 2009

Occipital condyle fracture (OCF) is an uncommon but potentially fatal disease entity. It is most commonly identified in patients suffering from severe craniocerebral trauma. The advent of computed tomography has made early detection possible. Traditional treatment using a hard neck collar is sufficient to produce solid fusion in most OCF patients. Delayed diagnosis, however, may result in neurologic deterioration due to potential displacement of fractured condylar fragments. Here we report a case of isolated, stable OCF in a patient with a minor head injury. A high level of clinical awareness of this rare disease entity is imperative for the management of traumatized patients, especially for those who have minor head injuries but persistent neck pain.
Adult Intussusception Secondary to Lymphangioma of the Cecum: A Case Report
Authors: Chen Chin‐Fan , Chuang Chieh‐Han , Lu Chien‐Yu , Hu Ching , Kuo Ting‐Lu , Hsieh Jan‐Sing
Published: July 2009

We report the case of a patient with ileocolic intussusception caused by cecal lymphangioma. A 45‐year‐old man visited our hospital with a 2‐month history of frequent episodes of watery diarrhea (≥ 5 times/day) and intermittent abdominal pain. A cecal submucosal tumor with mucosal ulceration and partial obstruction of the colonic lumen was identified by colonoscopy. He was admitted to our hospital 2 days later due to aggravation of his abdominal pain. Physical examination revealed tenderness over the right abdomen with no peritoneal signs. A double‐contrast lower gastrointestinal series showed a right‐side colonic lesion with indentation and a peripheral, beak‐like sign. Abdominal computed tomography scanning revealed an intra‐abdominal mass with the characteristic sausage sign, highly suggestive of intussusception. The patient subsequently underwent right hemicolectomy. The final diagnosis was ileocolic intussusception with cecal lymphangioma, which was confirmed by histopathology. He had an uneventful recovery with follow‐up in our hospital. This case highlights the possibility of colonic lymphangioma as the leading point of adult intussusception, and this should be taken into consideration as a possible diagnosis in this uncommon clinical condition.
Effectiveness of Behavioral Parent Therapy in Preschool Children With Attention‐Deficit Hyperactivity Disorder
Authors: Huang Huei‐Lin , Lu Chia‐Hua , Tsai Hsiao‐Wei , Chao Chia‐Chen , Ho Tsai‐Yu , Chuang Sheng‐Fa , Tsai Chih‐Hao , Yang Pin‐Chen
Published: July 2009

The purpose of this study was to assess the effectiveness of a behavioral parent therapy (BPT) program in children with attention‐deficit hyperactivity disorder (ADHD) using multidimensional evaluations, the Child Behavior Checklist (CBCL) and the Teacher Report Form (TRF). Between 2001 and 2005, the parents of 21 preschool children with ADHD were divided into six groups and participated in a series of 11 BPT sessions. Before and after BPT, the parents completed the CBCL, and the teachers completed the TRF. The behavioral and emotional problems of the children showed improvement after the BPT sessions, specifically for the following categories: internalizing problems, anxious/depressed syndromes, somatic complaints, externalizing problems, rule‐breaking behaviors, aggressive behaviors, social problems, thought problems, and attention problems. In the DSM‐oriented scale of the CBCL, affective problems, anxiety problems, somatic problems, ADHD problems, oppositional defiant disorder problems, and conduct disorder problems showed significant improvements. On the DSM scale of the TRF, Inattention syndrome improved significantly after the BPT sessions, while other syndromes showed non‐significant changes. We conclude that the BPT program significantly improved the children's behavioral problems at home and inattention problems at school.
Resveratrol Protects Against Ultraviolet A‐Mediated Inhibition of the Phagocytic Function of Human Retinal Pigment Epithelial Cells Via Large‐Conductance Calcium‐Activated Potassium Channels
Authors: Sheu Shwu‐Jiuan , Wu Tsung‐Tien
Published: July 2009

This study was undertaken to examine the protective effect of resveratrol on human retinal pigment epithelial (RPE) cell phagocytosis against ultraviolet irradiation damage. Cultured RPE cells were exposed to ultraviolet A (UVA, 20 minutes) irradiation, and treated with meclofenamic acid (30μM, 20 minutes), paxilline (100 μM, 20 minutes) or resveratrol (10μM, 20 minutes). Meclofenamic acid and resveratrol were given after exposure to UVA. Pretreatment with meclofenamic acid, resveratrol or paxilline before UVA irradiation was also performed. Fluorescent latex beads were then fed for 4 hours and the phagocytotic function was assessed by flow cytometry. UVA irradiation inhibited the phagocytic function of human RPE cells. The large‐conductance calcium‐activated potassium channel activator meclofenamic acid ameliorated the damage caused by UVA irradiation. Pretreatment with resveratrol acid also provided protection against damage caused by UVA. Posttreatment with meclofenamic acid offered mild protection, whereas resveratrol did not. In conclusion, the red wine flavonoid resveratrol ameliorated UVA‐mediated inhibition of human RPE phagocytosis. The underlying mechanism might involve the large‐conductance calcium‐activated potassium channels.
Muslim Marriages and The Courts in East Africa
Authors: Anderson J. N. D.
Published: July 2009

Two recent decisions of the Court of Appeal for Eastern Africa, both concerned with Isma‘ili Khojas, have implications which extend far beyond the Khoja community. Both these cases seem to involve issues of such importance as to merit consideration and discussion in this Journal.
Notes On Native Law and Custom in Kenya: I
Authors: Rowlands J. S. S.
Published: July 2009

It is natural that customary law, as compared to written laws, varies like language from tribe to tribe and that in larger or scattered tribes there are different practices within a tribe itself. Customary legal systems have not been recorded in full. For example, the Turkana who are purely pastoral have no formal land law because grazing and rights to water are common to all members of the tribe. The Ndorobo had transitional rights of hunting and honey-gathering in certain ridges, but have refused to extend such exclusive rights to the cattle of the right-holders, while the Bantu generally have highly developed systems of land tenure in their agricultural areas.
Do African Systems of Land Tenure Require A Special Terminology?
Authors: Bentsi-Enchill Kwamena
Published: July 2009

Expressions Indicating varying degrees of dissatisfaction with systems of land tenure prevailing in sub-Saharan Africa are very common, and the view is widely held that the traditional institutions which govern land rights operate in a manner obstructive to agricultural development. “If enterprise is to be given an opportunity to express itself”, writes Dr. Yudelman in a recent book, “there must be a break with traditional institutions which govern land”.Views of this kind call for decisions regarding the substitution of one system of law for another, or for various kinds of radical reform including the engrafting onto the traditional system of legal expedients and devices proved useful in other systems of law. Such decisions, however, patently require much more than a mere nodding acquaintance with the existing local law, the changes sought to be introduced therein, and their functioning in the systems of law from which they are to be borrowed. Accordingly a need exists for a kind of comparative legal analysis of existing systems of landholding which can throw into relief the real points of weakness that need to be remedied or pruned away, while also indicating the elements that are worthy to be retained, if even only as the stock upon which novel arrangements may be engrafted.
Jurisdiction of The Buganda Courts and The Scope of Customary Law in Uganda
Authors: Morris H. F.
Published: July 2009

The appeal, The Kabaka's Government v. N. S. W. Kitonto, heard recently by the Court of Appeal for Eastern Africa, is of considerable interest not merely in respect of the basic issue in dispute as to whether the High Court or the Principal Court of Buganda had exclusive jurisdiction to try the original case but also in respect of the far-reaching observations made in the appeal judgment as to the place of customary law in relation to the common law. In this case the respondent had sued the Kabaka's Government in the High Court of Buganda, alleging that a Mr. Sebowa “acting in his capacity and the scope of his authority as a servant of the Government” had negligently and unskilfully removed from the respondent's mouth two sound wisdom teeth instead of two decayed teeth. The Kabaka's Government pleaded that the transfer of the case to the Principal Court of Buganda was obligatory under section 7 of the Buganda Courts Ordinance, since the Principal Court had jurisdiction to try the case. Slade, J., refused to order transfer and the case was tried in the High Court and decided in favour of the respondent. On appeal, it was held that the decision to refuse transfer was erroneous, the judgment being, accordingly, set aside on the ground of lack of jurisdiction.
Aliens and Real Property in Liberia
Authors: Parnall Theodore
Published: July 2009

Mosquitoes and a tropical climate have not been the only deterrents to alien settlement in certain parts of Anglophonic West Africa. In many countries, even before the independence movement, restrictions were placed upon non-African use and purchase of real estate. The general opposition to permanent colonization by large real estate holdings in the area supported this type of regulation.2 Now that insecticides and air conditioning units have reduced the effectiveness of the natural deterrents, only the laws remain.
The Malawi Law of Succession: Another Attempt at Reform
Authors: Roberts Simon
Published: July 2009

The Wills and Inheritance Act,1 passed by the Malawi Parliament in November, 1967, is an attempt to provide a comprehensive scheme of interlocking succession provisions applicable to members of all racial groups. This is an ambitious objective and there is little need to stress here the numerous difficulties which stand in the way of its attainment. The greatest of these difficulties is to formulate a set of rules for those persons hitherto subject to diverse systems of customary law. Here the need is not only for a scheme which strikesan acceptable balance between the contemporary demands of the customary heirs and those of the immediate family, but also for one which is sufficiently flexible to accommodate the further changes which are bound to take place. Preferably the new rules will also be effective to guide future developments along lines which are deemed to be socially desirable. A further difficulty is to combine with this scheme the rules applicable to those persons who were not previously subject to customary law. Lastly, the system as a whole must be simple enough, in the case of small estates at least, to be administered in the Local Courts. It is against these requirements that the new Act will be measured in this note.
The Ethiopian Civil Code: Its Usefulness, Relation to Custom and Applicability
Authors: Krzeczunowicz G.
Published: July 2009

This is partly a comment on Professor David's views as expressed in “A Civil Code for Ethiopia: Considerations on the Codification of the Civil Law in African Countries”, in the Tulane Law Review of February 1963. Such comment will develop this writer's views as set forth in the Journal of Ethiopian Studies, No. 1 (1963) s.v. “A New Legislative Approach to Custom: the ‘Repeals’ Provision of the Ethiopian Civil Code of 1960”.
The Influence of English Law on West Africa
Authors: Ollennu N. A.
Published: July 2009

West Africa is a vast area consisting of many territories; of those five have come under the influence of the English law; four of these are within the Commonwealth, one is outside it. The four Commonwealth West African countries are: Gambia, Sierra Leone (which is to become independent early next year), the Republic of Ghana, and the Federation of Nigeria (which attained its independence on 1st October, 1960); the one non-Commonwealth country is the Republic of Liberia, the oldest independent state in West Africa.
Chiefs and the Law in Ghana
Authors: Mensah-Brown A. K.
Published: July 2009

On 24th February, 1966, with the overthrow of Kwame Nkrumah and his régime by the Armed Forces with the cooperation of the Police Service of Ghana, Ghana entered a new phase in her national development. By a Proclamation of 22nd February, 1966, the new military régime (the National Liberation Council [N.L.C.]) suspended the Constitution and its subsequent amendments, dissolved the National Assembly and banned the Convention People's Party, i.e., the former ruling party. It also confirmed the tenure of judicial and other public offices; and, until changes were made, the courts and existing laws were to continue in existence.2 The N.L.C. was declared to be the government of Ghana, pending the promulgation of a new Constitution and the formation of a new government under such Constitution,3 with full power to legislate by Decree.4
The Legislative History of the Gold Coast and Nigerian Marriage Ordinances: I
Authors: Zabel Shirley
Published: July 2009

In 1829, George Millis, a member of the Established Church of Ireland, married Hester Graham before a Presbyterian Minister in accord with Presbyterian rites at the home of the Minister in Ireland. George and Hester lived together for a time as husband and wife, but in 1836, and with Hester still alive, George married Jane Kennedy in a parish church in England.
Trial by Jury and Trial with the Aid of Assessors in the Superior Courts of British African Territories: III
Authors: Jearey J. H.
Published: July 2009

The use of assessors in Courts of Admiralty in England is of long standing. The first reported case in which they are mentioned is probably The Ann of Mostein, but there is an even earlier reference to the practice of seeking advice from the Trinity House Masters dating from the beginning of the seventeenth century. The true status and function of assessors in England is not in doubt, but the same cannot be said of assessors in criminal trials in Africa, and the aim of this chapter is to clarify the position as far as possible. It is intended first to describe the law governing trial with assessors in the superior courts, then to discuss some of the problems that have arisen, and finally to attempt to define the true role of the assessor.
The Administration of Criminal Law in some Kenya African Courts
Authors: Tennent J. R. M.
Published: July 2009

The Kenya African Courts hear in a year about twice as many criminal charges as all the Magistrate's Courts of the Colony together, yet the nature of their functioning is very little known in legal circles. Their jurisdiction in criminal matters extends over some 27 sections of the Penal Code including theft and indecent assault, and over a large variety of offences under other laws, as well as over all African District Council By-laws. This paper aims to give a picture of certain illuminating peculiarities in their administration of this body of criminal law. It is based on the records of individual cases and on knowledge gained from hearing appeals from African Courts and on listening to cases being conducted. The North Nyanza Courts, where the material was gathered, are amongst the most advanced in Kenya, having a staff of elders and clerks of a higher average educational level than those of most other districts.
Attitudes Towards Succession Law in Nigeria During the Colonial Period
Authors: Morris H. F.
Published: July 2009

The interesting case of Yinusa v. Adesubokan, reported in this issue of the Journal, provides us with an authoritative answer to a question which has long perplexed students of succession law in Nigeria: can a person whose personal law is that of Islam, by electing to make a will under the Wills Act, 1837, thereby deprive his heirs of what they would be entitled to receive were Islamic law to apply to the distribution of the estate? The answer given is that he cannot. This question, which, as is indicated in the judgment, has not been the subject of previous judicial decisions, may not be one which in recent years has aroused any very great passions. Nevertheless, it is one which some thirty years ago was argued among members of the Colonial Service—administrative officers and legal officers—with a surprising fervour and intensity.
A Critique of the Nigerian Law of Divorce under the Matrimonial Causes Decree 1970
Authors: Ilegbune C. U.
Published: July 2009

The law of divorce forms part of a wider subject known as family law,2 and regulates the conditions and procedure for dissolving a marriage3 and the consequences attaching to such a dissolution.
Traditionalism and Traditional Law
Authors: Fitzpatrick Peter
Published: July 2009

John Berger tells the story of the peasant Lucie Cabrol in terms of her “three lives” because she lived and lived on in three different ways. Readers of the story in Lucie Cabrol's village say she now has four lives. The fourth is in her story. My theme to-day is that representations of knowledge give a life to that knowledge. This life shapes the object of the knowledge. That may appear an intensely academic concern and it is. But I will show that it is, in the same moment, an indispensible practical and political concern.

I start in good company with that body of revisionist scholarship which shows that traditional law or customary law was a creation of the colonial period. For an initial instance, I will depart once only in this lecture from Africa for Oceania. I use this instance because it is compact, irresistible and needs to be better known to legal science. In colonial Fiji, British officials, for the purpose of what the British called good government, sought “to seize … the spirit in which native institutions have been framed”. In the Native Regulations they erected, as one anthropologist put it, “the first code of Fijian custom set down in writing after discussion by representatives from all parts of the Colony and, generally speaking, the great body of custom that it contains has been understood for generations; and so it was not something new and therefore suspect to the Fijians to whom it was applied”.
Widow Inheritance Versus Monogamous Marriage: The Obas’ Dilemma
Authors: Sagay Itse
Published: July 2009

The statutory (monogamous) marriage of Oba Oyekan of Lagos to one Miss Akitoye in December 19722, which caused a stir in both social and legal circles, has once more highlighted some of the perennial problems of trying to operate different systems of marriage arising from different cultures and societies within one legal system and jurisdiction. In order to appreciate fully the dilemma which Obas have occasionally had to face because of the multiple system of marriages, and their varying incidents, it is necessary to give a brief outline of these types of marriages. There are three different types of marriage in Nigeria: (i) statutory, (ii) customary and (iii) Islamic marriages. These coincide roughly with (i) Christian culture, (ii) traditional African culture and (iii) Arabic and Islamic culture.
Effects of Matrimonial Causes Legislation in Botswana
Authors: Himsworth C. M. G.
Published: July 2009

As in other former British territories in Africa, the means of introducing a system of common-law rules into Botswana (then the Bechuanaland Protectorate) was the so-called “reception statute”. This was the device whereby at a particular date the laws of one country (usually England) were “received” wholesale by the colonial territory subject to various conditions contained in the reception statute itself. For Botswana, as for the other former High Commission Territories, Lesotho and Swaziland, it was not the English common law that was introduced but rather the law prevailing in the several parts of what is now South Africa. The General Law Proclamation of 19092 had the effect of introducing the Roman-Dutch law from the Colony of the Cape of Good Hope. Cape statutes promulgated after the date of reception were expressly declared not to be applicable in the territory, whilst amendment of the received law by local statutes was, of course, possible.
Trade Marks and the Illiterate: A Critique of the Judicial Attitude
Authors: Babafemi F. O. B.
Published: July 2009

“To the trained eye of a civilised community there is undoubtedly a considerable difference in the two designs set side by side and the one would hardly be likely to be mistaken for the other, but while broad principles laid down in English cases should be applied, the trade marks laws in this country should be administered with regard to local conditions…with a view to protecting not only a vast illiterate population little acquainted with pictorial representations but also the pioneers of trade who have earned a reputation among these illiterate folk by the quality of goods associated with some recognised mark such as a particular bird, animal, tree or other object…”2
Transnational Law, Unification and Harmonization of International Commercial Law in Africa
Authors: Bamodu Gbenga
Published: July 2009

The problem of diversity of laws remains a major, if indirect, obstacle to African economic development which has not been the subject of any concerted consideration or attention by African states. It is now generally recognized that diversity of laws is an impediment to international commercial activity. Diversity of laws also negatively affects commercial transactions between African merchants and foreign (non-African) contractors. Furthermore, diversity of international commercial laws among African countries is likely to impede the achievement of the objectives of the economic integration schemes.
Vicarious Liability of an Employer for the Delictual Acts of his Servant under Zimbabwean Law
Authors: Madhuku Lovemore
Published: July 2009

The doctrine of vicarious liability is easy to define but difficult to apply. In the recent Zimbabwean case of Fawcett Security Operations (Pot) Lid. v. Omar Enterprises (Pvt) Ltd., the Supreme Court held that a security company (the employer) who provided a security guard (the servant) to detect and prevent theft from the respondent's supermarket was not vicariously liable for the servant's subsequent theft of the very goods he was meant to guard. It is difficult to support this decision and its indirect effect is to call for a re-examination of this part of the law. Accordingly this article seeks to revisit the doctrine of vicarious liability under the Zimbabwean law of delict and to argue that (i) the decision in Fawcett Security was based on a wrong reading of the authorities; (ii) that the decision is inconsistent with the classical Roman-Dutch Law (as distinct from South African authorities); and (iii) that the decision fails to give effect to the real basis of vicarious liability under Zimbabwean law.
Law, Language and International Organisation in Africa: The Case of Ecowas
Authors: Ajulo S. B
Published: July 2009

The Economic Community of Western African States (ECOWAS) was instituted by the Lagos Treaty which was signed by fifteen original member states on 28 May, 1975. A few months later, Cape Verde acceded to the Treaty, thus increasing the number of member states to sixteen. In its composition, ECOWAS could be regarded as a microcosm of the Organisation of African Unity (OAU) because, like the OAU, it comprises different sovereign African countries with varying colonial, political, social and cultural backgrounds. However, compared with the existing African Economic Unions, ECOWAS is, to date, unique; because, unlike them, it is a multilingual organisation. It is precisely on this multilingual nature of the organisation that this paper intends to focus.
The Work of a Nigerian Magistrate's Court
Authors: Cottrell Jill
Published: July 2009

Judicial statistics are frequently non-existent, or at best patchy, in developing countries. This note contains some very basic information—of the sort that in some places one might well find in published statistics—about the cases dealt with by a magistrate's court in Zaria, in one of the northern states of Nigeria during a six-month period in the early 1970s.

The purpose of the study was to try to find the answers to some very elementary questions about the functioning of this part of the legal system such as: what sorts of cases were courts of this type trying? how long did the cases take? what were the outcomes? how many accused persons had lawyers and did this make any difference to the outcome? The period in question was chosen as the most recent six-month period; there is, so far as I am aware, no reason to suppose it to have been in any way exceptional, although naturally enough the nature of the cases may well have been affected by police activity, for example a more than usually extensive vehicle document check or a crack-down on Indian hemp (marijuana). As we shall see, the Chief Justice had been urging courts to try to keep down the prison population, which may have had an impact on the granting of bail and the proportion of custodial sentences imposed.
The Problem with Standing to Sue in Nigeria
Authors: Ogowewo Tunde I.
Published: July 2009

The function of a legal test is to navigate the court through various possible solutions to achieve the optimum result in the application of a legal principle. It therefore forms part of the process for securing a just result to a controversy in adversarial proceedings. A well-articulated legal test should reflect the judicial policy on the principle it applies. Such a test should generally yield results that are just and are in consonance with the policy behind the principle. If the test fails in this respect, it ceases to be functional. It is against this background that the one test used by Nigerian courts to determine standing to sue in all doctrinal contexts will be examined.
Ethiopia's “Leap in the Dark”: Federalism and Self-Determination in the New constitution
Authors: Brietzke Paul H.
Published: July 2009

Benjamin Disraeli took a calculated “leap in the dark” in 1867, when he extended the right to vote to almost all British men. With hindsight, his leap can be seen to have been a necessary (but not sufficient) means of defusing discontent and promoting democratization. Ethiopia seems poised for an even bigger constitutional leap into a murkier realm, into an ethnicized attempt at democratization. To gain acceptance, a new constitution like Ethiopia's must seem to be all things to all people and, in Ethiopia and elsewhere, the end of the Cold War has seen an explosion of ethnic nationalisms similar to the one occurring in Europe late in the 19th century. Without benefit of hindsight one can only make informed guesses about the effects of a new Ethiopian “constitutionalism” on events which are largely beyond the drafters’ control. I will argue that there are grounds for a guarded optimism over Ethiopia's leap.
Acquiescence in English Law and the Customary Land Law of Ghana and Nigeria
Authors: Woodman Gordon R.
Published: July 2009

The courts in Ghana and Nigeria apply indigenous customary law in a large proportion of cases, particularly those involving family relationships or land. During the past century the courts have done much to clarify this law and adapt it to rapidly changing social conditions. One such adaptation is the subject of this article. The English doctrine of acquiescence has been imported to fill what appeared in new circumstances to be a deficiency in the customary land law. The doctrine had been used to perform functions different from those which it has performed and is performing in English land law. This article seeks to compare the different characteristics the doctrine has assumed in the three countries, and to draw some conclusions from the experience of Ghana and Nigeria.
Legal Responses to State Corruption in Commonwealth Africa
Authors: Coldham Simon
Published: July 2009

Few countries in the world can claim to be free from corruption and none of these is to be found in Commonwealth Africa. Even though administrative incorruptibility was one of the boasts of the British colonial service, low-level corruption was common during the colonial period and indeed served to bolster the colonial system. Since African states obtained political independence, levels of corruption have markedly increased, regardless of official ideology or economic approach, and in many countries corruption is both pervasive and endemic. Changes of government are often accompanied and, in the case of military coups, justified by commitments to eradicate the corrupt practices that allegedly characterized the previous regime. Corruption is an obstacle to economic development and to political integration, and most African governments (cynically or not) avow the need to combat it. Pressure on governments to act has increased in recent years and comes from two sources. The emergence of pro-democracy forces has drawn large numbers of people into the arena of political debate and organization and this in turn has led to demands for openness and accountability on the part of government. Moreover, foreign donors and international financial institutions are today less willing to condone corrupt practices on the part of African governments. They stress the importance of good governance and accountability and the need to link economic reconstruction with institutional reform.
Previous Inconsistent Statements of a Witness in Nigeria
Authors: Adekunle Adedeji
Published: July 2009

The attitude of courts to previous inconsistent statements of witnesses is primarily informed by the premium placed on the most credible evidence. A vintage rationale for this attitude states that:

“The character of a witness for habitual veracity is an essential ingredient in his credibility: for a man who is capable of uttering a deliberate falsehood is in most cases capable of doing so under the solemn sanction of an oath. If therefore it appears that he has formerly said or written the contrary of that which he has now sworn (unless the reason of his having done so is satisfactorily accounted for), his evidence should not have much weight….”
Customary Law and Freedom of Testamentary Power
Authors: Sagay I. E.
Published: July 2009

The extent to which customary law restricts the freedom of testamentary power (if at all) has given rise to a spate of cases right up to the Supreme Court, in which the courts have attempted to interpret and apply section 3(1) of the Wills Law (1958) of Western Nigeria, which currently applies to Lagos, Ogun, Osun, Ondo, Edo and Delta States. Section 3(1) of the Wills Law of all these States provides thus:

“Subject to any Customary Law relating thereto, it shall be lawful for every person to devise, bequeath or dispose of, by his will executed in a manner hereinafter required, all real and all personal estate which he shall be entided to, either in Law or in equity, at the time of his death and which if not so devised, bequeathed and disposed of would devolve upon the heir at law of him, or if he became entided by descent, of his ancestor, or upon his executor or administrator”.
The Ombudsman Arrives in Botswana: A Note on the Ombudsman Act, 1995
Authors: Quansah E. K.
Published: July 2009

The enactment of the Ombudsman Act, 1995, marks Botswana's belated, albeit welcome, membership of the world-wide movement to enhance governmental administration. The Act brings to fruition the deliberations of an international conference on the suitability of the Ombudsman institution in Botswana held in Gaborone in 1993. The need for such an institution to complement the country's democratic institutions was made clear at that conference by the then Minister for Presidential Affairs and Public Administration who was quoted as saying:

‘The wide acceptance of the Ombudsman institution and the fact that it has been incorporated in recent constitutional reforms in other countries requires that we in Botswana give serious consideration to it at this point in time.’