Why wrongful birth actions are right

A wrongful birth action is a claim in negligence brought by parents of a child against a doctor who has "wrongfully" caused their child to be born. These claims can be divided into two categories: those where a doctor performs a failed sterilisation procedure that leads to a healthy child being born; and those where a doctor fails to provide sufficient information to allow parents to choose to abort a handicapped child. The recent decision of the High Court of Australia in Cattanach v Melchior (2003) 77 ALJR 1312 falls into the former category. The decision to allow the parents to receive damages for the costs of raising and maintaining their child has generated much public debate. Despite the endorsement of this "wrongful birth" action, there are indications that the legislature will overturn the decision. This article examines whether there is a sound doctrinal basis for recognising wrongful birth actions.     

Gender, ‘Race’, Ethnicity in Art Practice in Post-Apartheid South Africa: Annie E. Coombes and Penny Siopis in Conversation

Siopis has always engaged in a critical and controversial way with the concepts of ‘race’ and ‘ethnicity’ in South Africa. For politically sensitive artists whose work has involved confronting the injustices of apartheid, the current post-apartheid situation has forced a reassessment of their practice and the terms on which they might engage with the fundamental changes which are now affecting all of South African society. Where mythologies of race and ethnicity have been strategically foregrounded in the art of any engaged artist, to the exclusion of many other concerns, the demise of apartheid offers the possibility of exploring other dimensions of lived experience in South Africa. For feminists, this is potentially a very positive moment when questions of gender - so long subordinated to the structural issue of ‘race’ under apartheid - can now be explored. Penny Siopis' work has long been concerned with the lived and historical relations between black and white women in South Africa. The discussion focuses on the ambivalent and dependent relationships formed between white middle-class women and black domestic labour during apartheid. Siopis' work engages with how the appropriation of black women's time, lives, labour and bodies has shaped her ‘own’ history.     

Analyzing the turnout-competition link with aggregate cross-sectional data

Numerous papers by Public Choice oriented scholars and others have sought to test the hypothesis inspired by Downs (1957) that, ceteris paribus, turnout should be higher when elections are close. Most look in cross-sectional terms at variations in turnout at the constituency level for elections of a given type. By and large the results have been disappointing (see, e.g., Foster, 1984). We are skeptical of these weak findings and argue that a complete portrait of the turnout-competition link requires us to examine that link for at least three different types of turnout (turnout among potential eligibles, turnout among registrants, and turnout for a given office relative to other offices such as top of the ticket), and to take into account longitudinal changes in turnout. For recent off-year elections to the U.S. Senate and also for off-year elections to the U.S. House of Representatives in states where there was no gubernatorial or senatorial contest on the ballot, we find strong evidence for higher turnout among eligibles in close contests. For these elections to the U.S. Senate we also find evidence for an ecological effect that leads to turnout being maximized at values of competition other than 50–50. Moreover, when we look at turnout for office relative to top of the ticket voting in the California Assembly and the U.S. Senate in presidential years, we again find some evidence for an ecological effect in which turnout is maximized at a value of Republican vote share above 50 percent and find further strong evidence for a clear link between competition and turnout for office among those at the polls.