Securities Regulation

This article is a survey of the relevant developments in securities regulation law from December 1, 2019, through November 30, 2020. The article focuses on law likely to be influential to Texas practitioners

Melaleuca, Inc. v. Foeller Appellant\u27s Brief Dckt. 39757

https://digitalcommons.law.uidaho.edu/idaho_supreme_court_record_briefs/2498/thumbnail.jp

Ronald K. Platts, individually and as personal representative of The Estate of Gary Scott Platts v. Parents Helping Parents, Turnabout, Alan Comins, and John Does I through XXXV : Brief of Appellant

Brief of Appellant APPEAL OF RULING OF THE 3RD DISTRICT JUDGE MEDLE

The Institutional Context of the 2004 General Elections in Malawi

This report summarises the findings of a joint research project undertaken by the Centre for Social Research, Chr. Michelsen Institute and the Universities of Malawi and Bergen. Ensuring that elected political leaders play by the rules of the political game and act in accordance with their mandates without violating citizens’ rights is a challenge for new democracies in sub-Saharan Africa. Electoral processes essentially begin long before elections actually take place. The analysis of electoral processes, therefore, requires a long time horizon. Central political institutions of accountability are analysed to determine the extent to which they have managed to stem executive dominance when put to the test of the parliamentary and presidential elections held on 20 May 2004. Attention is drawn to four key institutions of democratic governance: (a) those responsible for electoral administration; (b) the party system; (c) parliament; and (d) the judiciary. The electoral cycle – comprising the entire time period from one election to the next – is analysed in six phases: (i) registration of voters and compilation of voters’ roll; (ii) nomination of candidates; (iii) civic and voter education; (iv) the electoral campaign; (v) the polling exercise, including counting of ballots and announcement of results; (vi) conversion of electoral mandate into political positions. The 2004 general elections were judged to be ‘free but not fair’ due to inadequacies in the administration of the electoral process. Civil society organisations as well as domestic and international election observers have emphasised the need to restructure the Malawi Electoral Commission to improve its performance and ensure the legitimacy of the election results

The New Software Jurisprudence and the Faltering First Amendment

Given that courts reviewing restrictions on the development and distribution of software are increasingly invoking the First Amendment, it should follow that software will receive strong protection. Yet, while there have been judicial decisions which lend credence to the view that the Constitution can be invoked to protect software, subsequent developments in this area, which I term the new software jurisprudence cast severe doubt on the ability of the courts to apply the First Amendment so as to shield software effectively. These developments include the faults of previous strains of First Amendment analysis and then add more, with the ironic result that the First Amendment may now be used to justify the suppression of expression rather than to prohibit such suppression. This article analyzes two cases important to the development of this new jurisprudence, DVD CCA v. Bunner and Universal v. Corley,\u27 both of which provide reason to believe that the First Amendment will not be up to the task of providing the protection which computer code deserves

Administrative Justice, Environmental Governance, and The Rule of Law in Malawi

This paper examines the impact of administrative law on the rule of law and governance in Malawi, using environmental agencies as a case study. Its findings expose a number of limitations of administrative law in facilitating good environmental governance. These include regulatory or power capture by “invisible Barons” who wield their power to undermine the effectiveness of administrative law and the rule of law. Procedural fairness and improprieties are drawn from specific cases, then analyzed and discussed. The study found that political considerations affect the rate and direction of rulemaking more than judicial considerations