Law Commons^™

Comparative Lessons In Sectional Title Laws: Mitigating Urban Inequality In South Africa, Edward S. W. Ti

Research Collection Yong Pung How School Of Law

Urban inequality in South Africa is a formidable problem that is linked to the injustices of its historical apartheid past. This paper identifies sectional titles, a form of property ownership where proprietors wholly own their apartment unit while co-owning the land and common property, as critical to providing more affordable housing. Sectional title schemes mitigate urban inequality by giving a greater proportion of the country the opportunity to own legally secure, well-located dwellings while serving as a platform where communal living could take place. Two suggestions how sectional title legislation can further alleviate aspects of urban inequality are made (1) …

Ice Raids Bear A Disturbing Resemblance To The “Pass Raids” Of Apartheid, Penelope Andrews

Other Publications

No abstract provided.

Armed Response: An Unfortunate Legacy Of Apartheid, Leila Lawlor

Faculty Publications By Year

No abstract provided.

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …

The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews

Other Publications

No abstract provided.

The Struggle For The Rule Of Law In South Africa (Symposium: Twenty Years Of South African Constitutionalism: Constitutional Rights, Judicial Independence And The Transition To Democracy), Stephen J. Ellmann

Articles & Chapters

No abstract provided.

Accidental Witness To History: My Trip To South Africa, Harold I. Abramson

Scholarly Works

No abstract provided.

A Journey From The Heart Of Apartheid Darkness Towards A Just Society: Salient Features Of The Budding Constitutionalism And Jurisprudence Of South Africa, Dikgang Moseneke

Philip A. Hart Memorial Lecture

On April 4, 2012, Deputy Chief Justice Dikgang Moseneke of the Republic of South Africa delivered the Georgetown Law Center’s thirty-second annual Philip A. Hart Lecture: “A Journey from the Heart of Apartheid Darkness towards a Just Society: Salient Features of the Budding Constitutionalism and Jurisprudence of South Africa.”

Moseneke earned a BA in English and political science, as well as a B Juris degree from University of South Africa and later completed an LLB. Justice Moseneke began his professional career in 1976 as an attorney’s clerk in Pretoria. In 1978 he was admitted and practiced for five years as …

The Meeting: A Transformational Train Ride Through Race In America And Apartheid In South Africa, Joseph Karl Grant

Journal Publications

No abstract provided.

The Blessing Of Departure: Acceptable And Unacceptable State Support For Demographic Transformation: The Lieberman Plan To Exchange Populated Territories In Cisjordan, Timothy W. Waters

Articles by Maurer Faculty

What limits ought there be on a state's ability to create a homogeneous society, to increase or perpetuate non-diversity, or to create hierarchies within existing diversity? This paper examines those questions with reference to the Lieberman Plan - which proposes to transfer populated territories from Israel to the Palestine in exchange for Jewish settlements on the West Bank - as an abstract exercise in demographic transformation by the state.

First the article considers if the Lieberman plan would "work": Would it create the alterations it proposes, and would those changes achieve a stable, peaceful, even just settlement? It finds that …

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Faculty Works

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …

Cross Burning, Hate Speech, And Free Speech In America, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Racism, Genocide, And Mass Murder: Toward A Legal Theory About Group Deprivations, Winston P. Nagan, Vivile F. Rodin

UF Law Faculty Publications

This Article is focused on a specific and important issue: the relationship of law to the social reality of group deprivations. From this primary issue, several important sub-issues are generated having a real and substantial impact upon the role of law in the management of group deprivations at every level of social organization (local, national, regional, and international). To focus on the social reality of group deprivations requires a critical starting point. This starting point is determining whether we are adequately describing or assaying the etiology of the human personality types and self-systems that are normally characterized by feelings, sentiments, …

Reflections On Racism And World Order, Winston P. Nagan

UF Law Faculty Publications

This Article is about international racism. Racism is not simply a local or national phenomenon, it is an immense global problem. Indeed, its tentacles stretch from the local to the global and back to the local. Let us put the picture of international racism into perspective by tying it to the claims made to eradicate racism in economic relations. Apart from affirmative action, there are two other approaches: either to assert the notion that reparations is a way to ameliorate the worst manifestations of racism and provide for racial justice, or to join that with the notion that there is …

Lessons From The World Conference Against Racism, Peggy Maisel

Faculty Scholarship

It is difficult to get people to remember, let alone focus on the accomplishments and ongoing challenges that emerged during the United Nations sponsored World Conference Against Racism, Racial Discrimination, Xenophobia, and Related Intolerance (the WCAR) held just over a year ago in Durban, South Africa. The reason is simple: that conference ended on September 8, 2001, and what we remember about that period is now permanently obscured by what happened just three short days later. But the events of September 11 make it more imperative than ever that we address the evils of racism, racial discrimination, and xenophobia. It …

Calling To Account, Stephen Ellmann

Other Publications

No abstract provided.

Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews

Articles & Chapters

No abstract provided.

Hope And Despair For A New South Africa: The Limits Of Rights Discourse, Makau Wa Mutua

Journal Articles

This article is a critique of the struggle to end apartheid in South Africa. It explores the assumptions employed by the African National Congress and the international community to construct a post-apartheid society. It argues that the reliance on the law as the key medium for economic, social, and political change was insufficient to transform the legacy of apartheid. Instead, the piece contends that apartheid was privatized and its beneficiaries protected under the new dispensation. It makes the argument that the lot of the black majority is unlikely to be changed such gradualist approach to social change.

Residential Zoning Regulations And The Perpetuation Of Apartheid, Janai S. Nelson

Faculty Publications

In January of 1996, the South African Parliament ratified the long-awaited Land Reform (Labour Tenants) Bill, which has engendered heated controversy since its inception. For many, the success of the Land Reform Bill portends the economic and political future of South Africa and is a gauge of apartheid's vital signs. Without land, most South Africans would remain in the same impoverished and disenfranchised conditions that they were in under the apartheid regime. With land, however, South Africans have an improved chance to achieve economic equality. Land reform and land use have become particularly crucial issues in light of President Mandela's …

Foreign Investment In Sub-Saharan Africa: How Changing Attitudes Have Affected The Legal Environment In The Post Cold War Era, Joel Waswa Kisubika

LLM Theses and Essays

In Sub-Saharan Africa, like many other third world and former Soviet bloc countries, economic development policies revolve around raising the standard of living for their people. Therefore, they are seeking different ways to attract investment, trade, technology, and jobs. The movement towards attracting foreign investment has been paralleled by democratic political reforms and economic liberalization of previously autocratic and restrictive systems. These reforms have been enacted, mostly at the insistence of the World Bank and the International Monetary Fund, in order to deal with the severe foreign debt situation and improve Sub-Saharan Africa’s opportunities for attracting foreign investment. This paper …

New Challenges To Southern Africa: From Regional Conflict To Internal Reconstruction, Makau Wa Mutua

Journal Articles

With the possible exception of the Horn of Africa, arguably no other African region has been subject to multiple traumas such as those endured by Southern Africa. From the brutal Portuguese colonization to the vicious civil wars in Angola and Mozambique, not to mention the ravages of apartheid in South Africa and Namibia, the last four hundred years have seen sheer brutality of man over fellow man. Since 1990, however, there has been a steady reversal of the conditions that have historically caused violence in the region. In this article, the author examines this legacy and the struggle to construct …

Book Review, G. Marcus Cole

Journal Articles

G. Marcus Cole provides a thorough review of Towards a Post-Apartheid Future: Political & Economic Relations in Southern Africa by Gavin Maasdorp & Alan Whiteside (New York: St. Martin's Press, 1992).

Apartheid And The South African Judiciary, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Social Investing And The Lessons Of South Africa Divestment: Rethinking The Limitations On Fiduciary Discretion, Robert H. Jerry Ii, O. Maurice Joy

Faculty Publications

Part I of this Article defines social investing and briefly reviews the South Africa divestment movement which has brought questions about the legality of social investing to the fore. Part II comments upon existing statutory and common law limitations on the discretion of trustee-investors to adopt policies of social investing. Part III analyzes the empirical research on the extent to which preclusion of a set of investment opportunities may impair the performance of a typical trustee-investor's portfolio, both with respect to rate of return and risk. Part IV explores the implications of the empirical evidence analyzed in Part III for …

Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, Daniel H. Derby, M. Cherif Bassiouni

Scholarly Works

No abstract provided.

Self-Determination, International Law And The South African Bantustan Policy, Henry J. Richardson

Articles by Maurer Faculty

No abstract provided.

National Liberation Movements And Multinational Gnomes: The Current Situation In Southern Africa, Prexy Nesbitt

Rozell 'Prexy' Nesbitt Writings and Speeches

Prexy Nesbitt, a Chicago-based anti-apartheid activist, delivered this talk to the National Lawyers Guild, 40th Annual Convention in Seattle, Washington, speaking to Guild members, National Union of Jurists of Cuba, and the Federation of Cuban Women in Cuba. 17 pages.

Human Rights In South Africa, John T. Baker

Articles by Maurer Faculty

No abstract provided.

Book Review. The Foundations Of Freedom: Law And Government In South Africa, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.