Volume 9, Issue VI / 2026

Abstract. Doctoral attrition in the United States is high and persistent. In the most careful national study, only 57 percent of PhD entrants had finished within ten years. This paper asks who bears the cost when a doctoral student leaves without the degree. It combines doctrinal analysis of federal statutes, regulations and case law with published national data and the empirical literature on doctoral persistence. The paper finds that many causes of attrition, including absent or poor supervision, departmental culture, inadequate funding and conditions affecting mental health, lie substantially within institutional control. US law, however, rarely reaches them. Courts enforce only specific contractual promises and treat handbook language framed as aspiration as unenforceable. The educational malpractice doctrine and academic deference shield administrative as well as academic decisions. Federal misrepresentation rules govern what universities say rather than how they perform, and they are enforced by the Secretary of Education rather than by students. Title IX, Section 504 of the Rehabilitation Act and the National Labor Relations Act offer partial protection, subject to high thresholds, institutional deference or unstable precedent, and no federal rule requires doctoral programs to disclose completion rates. Federal loan limits in force from July 2026 shift further financial risk onto students. The paper concludes that academic judgment should remain with academics, but that administrative commitments and information about outcomes should carry legal weight. It proposes enforceable supervision commitments, program-level completion disclosure, funding transparency, stronger leave and accommodation policies, and independent channels for raising concerns.

Abstract. Tanzanian succession law was built for paper. The Indian Succession Act 1865, as applied in Tanzania, requires a will to be signed by the testator and attested by two witnesses, and it assumes a physical document. The Electronic Transactions Act 2015 recognizes electronic records and signatures in general terms but is silent on wills. This leaves testators, advocates, probate officers and courts without clear guidance on whether a will made, signed, witnessed or stored electronically can be valid. This article uses a qualitative doctrinal and comparative method to examine the problem against the law of South Africa. South Africa expressly excludes wills from its electronic transactions statute, yet its courts have used the condonation power in section 2(3) of the Wills Act 7 of 1953 to accept electronic documents as wills where the deceased’s intention is proved. The article finds that Tanzanian law does not clearly regulate electronic wills and offers no mechanism for rescuing a genuine electronic will that fails the traditional formalities. It argues that the most transferable South African lesson is structural: a strict formal code can coexist with an evidence-based remedial discretion. It recommends legislative, institutional and professional reforms adapted to Tanzania’s own structures.

Abstract. This article critically examines the legal and institutional challenges affecting the enforcement of construction adjudication decisions in Tanzania, using the United Kingdom as a comparative reference. It focuses on the gap between the use of adjudication under construction contracts and institutional rules and the absence of a coherent statutory framework that expressly establishes the legal effect of decisions and a direct, expedited enforcement route. The article adopts doctrinal and comparative legal research methods, analysing relevant legislation, procedural rules, judicial decisions and legal literature in the two jurisdictions. The analysis identifies five interconnected issues: uncertainty over the status and binding effect of adjudication decisions; the lack of a dedicated enforcement procedure; the risk that enforcement proceedings may become a reconsideration of the underlying dispute; insufficiently defined institutional responsibilities and professional standards; and the need to coordinate adjudication with arbitration and litigation. The United Kingdom framework, particularly the Housing Grants, Construction and Regeneration Act 1996, the Scheme for Construction Contracts and the courts’ enforcement approach, illustrates how statutory recognition and focused judicial supervision can preserve adjudication’s intended speed while retaining safeguards for jurisdictional and natural-justice defects. The article argues that Tanzania should adopt a context-sensitive statutory framework defining the scope of adjudication, the legal effect of decisions, enforcement procedure, limited grounds of challenge and the roles of relevant institutions. These reforms would improve legal certainty and the practical utility of adjudication in the construction industry.

Abstract. The Patents Act, 1970 grants the patentee the exclusive right to make use of an invention and also contains certain provisions to stop the right from being used for purposes beyond what patent law actually protects. This paper examines the practical application of sections 106 and 140. Section 106 provides relief to a person threatened with infringement proceedings without justification, through a declaration, an injunction and damages. Section 140 renders void certain restrictive conditions that a patentee may impose in contracts of sale, lease or licence. The study is based on doctrinal methodology, examining the statutory language, Indian case law on these provisions and legal commentaries. The analysis suggests that courts have not yet developed a settled interpretative test for either section, which leaves their scope and application uncertain. The Act does not say when a communication becomes a “threat” or when a threat becomes “groundless”, and the courts have so far answered those questions case by case. Section 140 has attracted even less judicial attention, so its categories, in particular the newer ones concerning grant-back, validity challenges and coercive package licensing, remain largely unexplained. The paper argues that this gap between legislative intent and judicial interpretation, and the lack of clarity in the legal words used, reduce the effectiveness of these provisions in regulating misuse of patent rights. It concludes that clearer judicial standards and more consistent application are necessary to ensure that patent rights are exercised within reasonable and legally defined limits.

Abstract. This article examines whether Indian family law should recognise prenuptial agreements. It analyses their legal status under the Indian Contract Act, 1872, relevant judicial decisions and matrimonial legislation, while considering the approaches adopted in the United States and England and Wales. In India, the enforceability of prenuptial agreements remains uncertain because there is no comprehensive statutory framework governing such agreements, and their validity may depend on contractual principles, applicable personal laws and public policy. Although prenuptial agreements can promote financial transparency, clarify the ownership of premarital assets and reduce uncertainty, unrestricted enforcement may expose a financially weaker spouse to coercion or injustice and may undermine statutory protections, including maintenance rights. The article argues that India should adopt a clear legislative framework that recognises fair and voluntarily executed prenuptial agreements, subject to safeguards such as full financial disclosure and judicial scrutiny. Such a framework should respect individual autonomy while preserving equality, fairness and the protective objectives of family law.

Abstract. This article examines the effectiveness of alternative dispute resolution (ADR) in resolving tax disputes in Tanzania, with comparative reference to Kenya. It argues that Tanzania’s tax laws recognize ADR but do not give it the procedural and institutional clarity that predictable, fair and enforceable outcomes require, and that Kenya’s experience shows how that gap may be narrowed. The article employs doctrinal and comparative approaches. It finds that Tanzania has a legal and institutional basis for ADR in tax disputes, but the framework remains fragmented and lacks a comprehensive tax-specific procedure. Key challenges include uncertainty concerning ADR and statutory objection and appeal timelines, inadequate safeguards for independence and confidentiality, uncertainty regarding the legal effect and enforcement of settlements, limited taxpayer awareness, unequal bargaining power and weak institutional coordination. Compared with Tanzania, Kenya has a more structured tax ADR framework supported by specific legislation and subsidiary regulations. The article concludes that ADR has significant potential to improve tax dispute resolution in Tanzania. It recommends the development of a coherent tax-specific ADR framework, clearer settlement procedures, stronger safeguards for neutrality and confidentiality, improved institutional coordination and greater awareness among taxpayers and relevant practitioners.

Abstract. The increasing reliance on digital technologies in the commission and investigation of crime has made digital evidence integral to contemporary criminal proceedings, while raising complex questions concerning its admissibility, reliability, and compatibility with fair-trial guarantees. This study examines the adequacy of the legal regulation of digital evidence in criminal proceedings and the extent to which it reconciles effective criminal investigation with the protection of fundamental rights. Employing descriptive-analytical, comparative, and inductive approaches, it analyses the legal nature of digital evidence, the procedures governing its collection, seizure, preservation, and examination, and the principles guiding its judicial assessment. The study considers selected Arab and international legal frameworks, with particular attention to the United Arab Emirates, and addresses the challenges of obtaining electronic data across national borders. The findings indicate that contemporary legal systems increasingly recognise digital evidence as a legitimate means of criminal proof. The principal challenge lies not in recognition alone, but in safeguarding the legality, integrity, and verifiability of such evidence throughout its lifecycle. A documented chain of custody and competent forensic examination are central to establishing reliability, while the ultimate assessment of probative value remains within the discretion of the criminal court. The study therefore recommends clearer procedural rules specifically tailored to digital evidence, standardised custody and preservation practices, professional standards for forensic expertise, and stronger mechanisms for international judicial cooperation. It concludes that an effective legal framework must integrate technical safeguards with procedural protections to strengthen criminal justice without undermining privacy, defence rights, or the fairness of proceedings.

Abstract. The paralysis of the World Trade Organization (WTO) Appellate Body since December 2019 represents one of the most significant challenges to the contemporary rules-based international trading system. Once regarded as the cornerstone of the WTO’s dispute settlement mechanism, the Appellate Body ensured consistency, predictability, and legal certainty in interpreting and enforcing multilateral trade rules. Its inability to function has generated a profound institutional and normative crisis, raising fundamental questions regarding the relationship between international law, state sovereignty, and power politics in global economic governance. This work critically examines the causes and consequences of the WTO Appellate Body crisis within the broader context of the changing international economic order. It argues that the institutional paralysis extends beyond a procedural dispute over judicial appointments and reflects deeper tensions concerning treaty interpretation, judicial legitimacy, geopolitical rivalry, and the evolving balance of power among major trading nations. Drawing on Realism, Liberal Institutionalism, Legal Positivism, and Third World Approaches to International Law (TWAIL), the paper shows how competing conceptions of law and power shape the functioning and legitimacy of international adjudicatory institutions. It further analyses the legal and institutional consequences of the crisis, including the erosion of legal certainty, the resurgence of unilateral trade measures, and the growing fragmentation of the multilateral dispute settlement framework. Particular attention is devoted to the implications for developing countries, with a special focus on India, whose economic interests depend significantly on an effective, impartial, and enforceable rules-based trading system. The present work also evaluates recent reform initiatives, including the Multi-Party Interim Appeal Arbitration Arrangement (MPIA), and proposes measures to restore the credibility, independence, and effectiveness of WTO dispute settlement. It concludes that the future of international economic law depends not merely on institutional restructuring but on renewed political commitment to multilateralism, respect for international legal obligations, and the preservation of a dispute settlement system capable of balancing state sovereignty with the rule of law in an increasingly multipolar world.