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Articles 1 - 8 of 8
Full-Text Articles in Law
From Reparations To Dignity Restoration: The Story Of The Popela Community., Bernadette Atuahene, Sanele Sibanda
From Reparations To Dignity Restoration: The Story Of The Popela Community., Bernadette Atuahene, Sanele Sibanda
All Faculty Scholarship
In certain circumstances property takings are part of a larger strategy to further subjugate a certain group within the polity by denying their humanity or their capacity to reason. These takings involve more than the confiscation of property; they also involve the deprivation of dignity. In her book, We want what’s ours: Learning from South Africa’s land restitution program, Atuahene has called these dignity takings. The Popela people are a resource-poor, but culturally-rich African community from South Africa’s Limpopo region that the colonial and apartheid regimes subjected to dignity takings. The post-apartheid state was interested not only in providing compensation …
Habeas Data: Comparative Constitutional Interventions From Latin America Against Neoliberal States Of Insecurity And Surveillance, Marc Tizoc Gonzalez
Habeas Data: Comparative Constitutional Interventions From Latin America Against Neoliberal States Of Insecurity And Surveillance, Marc Tizoc Gonzalez
Chicago-Kent Law Review
To cultivate the next twenty years of LatCrit theory, praxis, and community, the afterword looks back to LatCrit’s Critical Global Classroom (2003–04) (CGC), an ABA-accredited summer study-abroad program. The CGC invited U.S. law students to study comparative constitutionalism, law and society, and truth and reconciliation movements while sojourning Chile, Argentina, and South Africa under the question: “Shall the recent history of the Global South become the imminent fate of the Global North?” While enrolled in the 2004 CGC, the author learned about the extraordinary constitutional writ of habeas data, which various Latin American countries adopted as they reconstituted their …
Globalizing Standard Of Patent Protection In Wto Law And Policy Options For The Ldcs: The Context Of Bangladesh, M. Monirul Azam
Globalizing Standard Of Patent Protection In Wto Law And Policy Options For The Ldcs: The Context Of Bangladesh, M. Monirul Azam
Chicago-Kent Journal of Intellectual Property
This Article analyzes the globalizing standard of patent protection as adopted under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of the World Trade Organization (WTO) and possible options for the Least Developed Countries (LDCs) such as Bangladesh against the experiences of Brazil, India, and South Africa with special reference to pharmaceutical patent issues.
Medical Malpractice And Compensation In South Africa, L. C. Coetzee, Pieter Carstens
Medical Malpractice And Compensation In South Africa, L. C. Coetzee, Pieter Carstens
Chicago-Kent Law Review
This article gives an overview of current medical malpractice law in South Africa. The following aspects are covered: The overall scheme for preventing and redressing medical errors and adverse events, including regulation, criminal and civil liability, and social and private insurance, and the relationships among these various systems; the details of the applicable liability and compensation systems, including criteria defining qualification for compensation, causation and "loss of chance," liability for failure to obtain informed consent, as well as matters of proof and gathering of evidence. The authors note the difficulty they had in obtaining empirical data on medical errors and …
Human Trafficking For Sexual Exploitation At World Sporting Events, Victoria Hayes
Human Trafficking For Sexual Exploitation At World Sporting Events, Victoria Hayes
Chicago-Kent Law Review
Many members of the international community fear that world sporting events, such as the Olympics and the World Cup, create surges in human trafficking for sexual exploitation, causing women and girls to be exploited for commercial sex while the rest of the world celebrates athleticism and sport. These fears have sparked heated debate about the measures hosting countries should take to prevent human trafficking at these events and the role prostitution policies play in combating human trafficking. In the lead-up to the 2010 Olympics in Canada and the 2010 World Cup in South Africa, politicians in both countries proposed legalizing …
Property Rights & The Demands Of Transformation, Bernadette Atuahene
Property Rights & The Demands Of Transformation, Bernadette Atuahene
All Faculty Scholarship
The conception of property that a transitional state adopts is critically important because it affects the state’s ability to transform society. The classical conception of real property gives property rights a certain sanctity that allows owners to have near absolute control of their property. But, the sanctity given to property rights has made land reform difficult and thus can serve as a sanctuary for enduring inequality. This is particularly true in countries like South Africa and Namibia where—due to pervasive past property theft— land reform is essential because there are competing legitimate claims to land. Oddly, the classical conception is …
Property Rights & The Demands Of Transformation, Bernadette Atuahene
Property Rights & The Demands Of Transformation, Bernadette Atuahene
Articles
The conception of property that a transitional state adopts is critically important because it affects the state’s ability to transform society. The classical conception of real property gives property rights a certain sanctity that allows owners to have near absolute control of their property. But, the sanctity given to property rights has made land reform difficult and thus can serve as a sanctuary for enduring inequality. This is particularly true in countries like South Africa and Namibia where—due to pervasive past property theft— land reform is essential because there are competing legitimate claims to land. Oddly, the classical conception is …
Legal Title To Land As An Intervention Against Urban Poverty In Developing Nations, Bernadette Atuahene
Legal Title To Land As An Intervention Against Urban Poverty In Developing Nations, Bernadette Atuahene
All Faculty Scholarship
One intervention intended to ameliorate poverty and its subsidiary effects is the distribution of legal title to land to poor urban dwellers, otherwise known as land titling. Given the billions of dollars that the World Bank, country-based development agencies, regional development banks, and developing countries themselves have spent on land titling programs, it has become one of the most important property law issues confronting the developing world. Several countries have undertaken comprehensive urban land titling programs to transform the dwellings of those who live in the squalor of squatter settlements into assets recognized by the formal sector. This Article accepts …