Regulating supreme court recusals

This article presents a critical analysis of the approach of the U.S. Supreme Court to recusal motions aimed at one of the Justices of the Court. The catalyst was the controversy arising from the weekend duck-hunting trip of U.S.Vice-President Richard Cheney and Supreme Court Justice Antonin Scalia, after which Justice Scalia denied a motion to recuse himself from a pending case in which his hunting partner, Mr Cheney, was a party. This startling decision is final and conclusive since the Supreme Court refuses to intervene in such decisions. Such an approach by the Court is untenable and contrasts starkly with that of the House of Lords, which did not shrink from disqualifying Lord Hoffmann on grounds of bias in the Pinochet case. A comparative study of comparable common law jurisdictions exposes the U.S. Supreme Court as an island of isolation over this issue. It also provides accessible solutions that are disarming in their simplicity. The particular responses that are commended in this article are formalized self-regulation and substitution

Sub-regional courts and the recusal issue: Emergent practice of the East African Court of Justice

Copyright @ 2012 African Society of International and Comparative Law / Edinburgh University Press.No abstract available

Bias and the informed observer: A call for a return to Gough

Copyright @ 2009 Cambridge University Press.No abstract available

Inappropriate recusals

This article examines the problem in common law jurisdictions of judicial recusals for inappropriate, wrong or inadequate reasons. It will be argued that there are circumstances in which it would be wrong or inappropriate for an adjudicator to recuse himself or herself, that recusals are inappropriate when not objectively justified, or when employed for improper purposes, and that inappropriate recusals are potentially damaging to the justice system. It will thus be submitted that adjudicators need to adopt a robust approach in the application of the relevant recusal standards, and ought to resist the temptation to succumb to the pressure to recuse themselves if, viewed objectively, and apart from their own feelings, there is no valid ground for recusal

Anthelmintic activity and non-cytotoxicity of phaeophorbide-a isolated from the leaf of Spondias mombin L.

ETHNOPHARMACOLOGICAL RELEVANCE: Helminthosis (worm infection) is a disease of grazing livestock, with significant economic implications. Increasing resistance to existing synthetic anthelmintics used to control helminthosis and the unwanted presence of residues of the anthelmintics reported in meat and dairy products present a serious global health challenge. These challenges have necessitated the development of novel anthelmintics that could combat drug resistance and exhibit better safety profiles. Spondias mombin L. (Anacardiaceae) is a plant that has been used traditionally as a worm expeller. AIM OF STUDY: The aim of the work reported herein was to isolate and characterise anthelmintic compound(s) from S. mombin leaf, establishing their bioactivity and safety profile. MATERIALS AND METHODS: Adult Haemonchus placei motility assay was used to assess anthelmintic bioactivity. Bioassay-guided chromatographic fractionation of acetone extract of S. mombin leaf was carried out on a silica gel stationary phase. The structure of the compound was elucidated using spectroscopy (1H and 13C NMR) and Liquid Chromatography-Mass Spectrometry (LC-ESI-MS). Screening to exclude potential cytotoxicity against mammalian cells (H460, Caco-2, MC3T3-E1) was done using alamar blue (AB) and CellTitreGlo (CTG) viability reagents. RESULTS: The acetone extract yielded an active fraction 8 (Ethyl acetate: methanol 90:10; anthelmintic LC50: 3.97 mg/mL), which yielded an active sub-fraction (Ethyl acetate: Methanol 95:5; anthelmintic LC50: 53.8 μg/mL), from which active compound 1 was isolated and identified as phaeophorbide-a (LC50: 23.0 μg/mL or 38.8 μM). The compound was not toxic below 200 μM but weakly cytotoxic at 200 μM. CONCLUSIONS: Phaeophorbide-a (1) isolated from S. mombin leaf extract and reported in the plant for the first time in this species demonstrated anthelmintic activity. No significant toxicity to mammalian cells was observed. It therefore represents a novel anthelmintic pharmacophore as a potential lead for the development of novel anthelmintics

Book Review: Israeli Constitutional Law in the making, edited by Gideon Sapir, Daphne Barak-Erez, Aharon Barak

This book is a collection of essays, edited by Gideon Sapir, Daphne Barak-Erez and Aharon Barak. It consists of 9 “Parts”, subdivided into 34 chapters. Each Part of the book pursues a specific theme (Towards a Full-Fledged Constitution, Models of Judicial Review in Israeli Constitutional Law, Global Impacts on Israeli Constitutional Law, Balancing in Israeli Constitutional Law, UnEnumerated Rights in Israeli Constitutional Law, Social Rights in Israel, Constitutional Rights and Private Law, Constitutional Rights and State of Emergency, and Jewish and Democratic). Each theme is addressed by a number of contributors, sometimes from differing perspectives

Bias in collegiate courts

This article addresses the issues attending common law collegiate courts’ engagements with allegations of bias within their own ranks. It will be argued that, in such cases, it would be inappropriate to involve the collegiate panel or any member thereof in the decision, since such involvement inevitably encounters difficulties. The common law’s dilemmas require drastic solutions, but the common law arguably is illequipped to implement the required change. The answer, it will be argued, is legislation

The Politics of Intergovernmental Relations: Assessing the Many Phases and Challenges of Nigeria’s Judicial System

The judiciary is an important organ of government as it functions as a counterbalancing institution in states. Notwithstanding the nature of the political system in place, either democratic or nondemocratic, the judiciary plays the essential role of interpreting the extant laws and adjudicating between competing interests whether domiciled in individuals, groups, institutions of government or the various arms of government. The stabilising role of the judiciary in modern governance is exemplified by its ingrained function of checking the excesses of individuals, groups and government institutions through the application of state laws. Since Nigeria’s independence, its judiciary has been discharging its constitutional responsibilities. The journey of the Nigerian judiciary has been quite explosive, considering that it traversed both the jackboot of military authoritarianism and democratic governance in diverse forms, with each presenting its own peculiar bouquet of challenges. This chapter examines the various phases and attendant challenges that the Nigerian judiciary has passed through. It chronicles its many challenges and triumphs as well as low points. In sum, the Nigerian judiciary has acquitted itself admirably in dealing with such challenges as judicial independence, judicial accountability and crisis of condence occasioned by judicial recklessness and corruption. However, Nigeria’s judicial system still has room for further improvement in order to continue to command the respect of the citizens and thus, deserve such epithets as “the last hope of the common man”, “the bulwark of the people’s liberty”, “the defender of the rights of the people” and “the bastion of constitutional democracy,” among others, which demonstrate public acceptance and confidence