Law Commons^™

A Defense Of Structural Injunctive Remedies In South African Law, Danielle E. Hirsch

ExpressO

This Article argues that the use of structural injunction remedies by South African courts is appropriate, and, in light of demonstrated government inaction, often necessary in order to give meaning to the protection of socio-economic rights, which is mandated by their Constitution. The Article draws upon numerous United States judicial decisions where structural injunctions have been successfully implemented to address systemic institutional inaction and violations of the equal protection and due process clauses of the United States Constitution. In numerous instances, the South African government has not acted to effectively give meaning to the socio-economic rights which were broadly declared …

Seeds Of Hope: Agricultural Technologies And Poverty Alleviation In Rural South Africa, Karol C. Boudreaux

Karol C. Boudreaux

Despite having the largest economy in Africa, many of South Africa’s citizens grapple with poverty. For rural residents especially, poverty is pervasive, and hunger a very real threat. Government efforts to improve the lives of smallholder farmers and other rural residents are slow to bear fruit. Monsanto South Africa addresses these needs with its Combi- Pack, a box containing enough maize seed, herbicide, and fertilizer to plant ¼ hectare of maize. Combi-Packs are part of the phenomenon known as marketing to the “bottom of the pyramid.” Large corporations design and sell products and services to very low-income consumers, billions of …

The South African Judicial Appointments Process, Penelope E. Andrews

Osgoode Hall Law Journal

No abstract provided.

Slides: Adapting To Climate And To Climate Change, Roger S. Pulwarty

Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9)

Presenter: Roger S. Pulwarty, Research Scientist, National Oceanic and Atmospheric Administration/CIRES, Boulder.

50 slides.

The Effects Of Property Titling In Langa Township, South Africa, Karol C. Boudreaux

Karol C. Boudreaux

This paper explores the role titling programs play in alleviating poverty in a township outside Cape Town, South Africa. Successive South African government have worked to provide secure title to formerly disenfranchised citizens. Today, most non-shack dwelling in Langa Township have registered titles. Has this effort resulted in economic growth? The answer is a qualified yes. Titleholders engage in incremental improvements but make little use of titles as collateral for commercial credit. Reasons for the general relutance among homeonwers in this township to use their titles as collateral are examined.

Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson

ExpressO

This comment will analyze the need to amend and revise the current global pharmaceutical patent system under TRIPS to take into account the needs of developing countries and overall public health. This comment will emphasize that the current international trade rules, which although administered by the WTO, are dictated by developed country governments and powerful pharmaceutical companies, and therefore, without reform will further diminish the access of poor people in developing countries to vital medicines. Part II of this comment will provide a general overview of the international trade law governing patents on pharmaceuticals focusing specifically on the development of …

Taxing Alternatives: Poverty Alleviation And The South African Taxi/Minibus Industry, Karol C. Boudreaux

Karol C. Boudreaux

South Africa's transporation landscape is a legacy of apartheid. Apartheid-era laws forcibly moved black South Africans out of city centers to surrounding townships. In rural areas, black South Africans were moved off valuable farmland and onto marginally productive homelands. Laws and regulations limiting employment opportunities meant that black citizens lived far from work. Under the National Party government, the ability to serve people who wanted to travel from home to work or home to shopping areas, etc. was severely resitricted. So too was the ability to travel. The minibus industry arose in response to these restrictions. It began as a …

Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin

ExpressO

This Article examines two different instances where strong cultural and religious beliefs suggest that an individual is justified in taking another’s life. Focusing primarily on South Africa and the United States, it argues that the rationale used to defend those who kill suspected witches and those who kill suspected homosexuals is the same – merely because a criminal holds a belief that the victim is evil, the criminal is somehow entitled to a lesser punishment. In the United States, those who readily recognize the absurdity of the witchcraft defense may have some difficulty in recognizing the same level of absurdity …

Advancing The Right To Adequate Housing Of Desperately Poor People: City Of Johannesburg V. Rand Properties, Lilian Chenwi

Human Rights Brief

No abstract provided.

Women’S Representation On The Courts In The Republic Of South Africa, Ruth B. Cowan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

People, Times, Law School Leadership Join To Launch South Africa Program, David L. Chambers

Articles

Professor Emeritus David Chambers launched Michigan Law’s South Africa externship program 10 years ago just as that country was emerging from apartheid and beginning to function under its new constitution, adopted in 1996. Here Chambers recalls how the externship program began. Now the Wade H. McCree Jr. Collegiate Professor Emeritus of Law, Chambers directed the program until his retirement from active teaching in 2003.

Competition Policy And Practice In South Africa: Promoting Competition For Development Symposium On Competition Law And Policy In Developing Countries , Trudi Hartzenberg

Northwestern Journal of International Law & Business

South Africa's new competition policy and law were drafted during the early years of South Africa's new democracy, a period characterized by important domestic policy and regulatory reform. These reforms were not only part of the comprehensive program for the country's economic, social, and political transformation, but also its integration into the global economy after decades of isolation under the apartheid regime. In the case of competition policy, however, concerns about specific development challenges entrenched by the previous era of political and economic control, had to be explicitly reflected in the new South Africa's law and policy. It was clear …

The Post-Apartheid City In The New South Africa: A Constitutional 'Triomf'?, Becky Jacobs

College of Law Faculty Scholarship

In her mercilessly satiric novel Triomf, Marlene van Niekerk recounts the oppressive daily lives of an impoverished family of White Afrikaners on the eve of South Africa's first democratic elections. Imbued with Afrikaner history and politics, the novel reveals the ironically tragic effect of Apartheid on the White underclass and ravages the myth of Afrikaner supremacy.Triomf's intricate allegorical narrative brutally exposes the failure of the ideology of White superiority. It also may serve as a cautionary tale for the post-Apartheid South Africa, a reminder of the dangers inherent in creating, continually reinforcing, and sustaining societal myths and expectations of redress …