Painting between the lines: the Cape Verdean community of Colonial Dakar, 1920–1945

From the late nineteenth century through the mid-twentieth century, Cape Verdean immigrants to Dakar, colonial capital of French West Africa, became a small but important community in terms of significance in both the urban economy and the colonial framework of race and identity. They occupied important labor niches valuable to the colonizer such as painting and domestic work and attached those fields to a unique identity to which only they belonged. Able to capitalize on the ambiguity inherent to colonial race and identity policies, Cape Verdeans bridged categories common to state policies – particularly “foreign” and “native” – in ways not adequately captured by the concept of intermediaries often employed in examinations of immigrant populations to West Africa. Their insertion in Dakar reveals the permeability of such colonial concepts as well as the opportunities immigrants made in town.     

Race-Based Peremptory Challenges: An Empirical Analysis of Litigation from the U.S. Court of Appeals, 2002–2006

This paper examines race-based peremptory challenges. Such challenges occur during the voir dire jury selection process. The process allows both the defense and the prosecution to strike jurors who they believe will not decide cases fairly. However, in the case of Batson v. Kentucky 476 U.S. 79 (1986), the Supreme Court ruled that race could not be used as a factor in eliminating prospective jurors. This paper examines federal litigation for five years in which it was alleged that race was used as a factor in removing a juror. An examination of the cases revealed that most of the cases involved sole male litigants who allege that there were multiple race-based peremptory challenges used in their cases. Moreover, most of the cases that led to the allegations involved violent offenses. Other case characteristics are noted, but of most significance was the finding that most appellants lost their cases. As such, the courts felt that most of the challenges were, in fact, race neutral. The implications of this research are discussed. This study was funded by an undergraduate research grant from Penn State University.     

WHAT MAKES A FAMILY?

This note analyzes the issue of gay and lesbian adoption. Although such adoptions are becoming more accepted in the United States, there remain a few states—Florida, Mississippi, and Utah—that have banned gay and lesbian adoptions. This note will propose new legislative language for adoption laws in conservative states.     

The Enjoyment of Rights and Freedoms: A New Conception of the 'Ambit' under Article 14 ECHR

Article 14 of the European Convention on Human Rights, as applied by the UK judiciary under the Human Rights Act 1998, is in danger of becoming as 'parasitic' as it is often described. Judges have inappropriately narrowed the scope of the 'ambit' of other Convention articles, and thus limited the number of claims to which Article 14 can apply, by defining it according to considerations more properly weighed in a justification analysis incorporating proportionality. The emerging approach departs from Strasbourg jurisprudence, and fails to give full effect to the language and intent of Article 14. This trend need not continue. This article begins the process of fashioning a new conception of the ambit of Convention articles: one that could change the fortunes of Article 14 cases in the UK, but that flows naturally from the precedents of the European Court of Human Rights, and gives effect to the spirit of the HRA.     

Portion size matters: Carrion ecology lessons for medicolegal death investigations—A study in Cape Town,South Africa

Forensic taphonomic studies are regionally specific and improve time since death estimates for medico-legal casework. Within forensic taphonomy and carrion ecology, vertebrate scavengers are under-researched with many studies conducted using multiple, unclothed carcasses. This is a forensically unrealistic experimental design choice with unknown impact. The effect of variation in carrion biomass on the decomposition ecosystem, particularly where vertebrate scavengers are concerned, requires clarification. To assess the effect of carrion biomass load on vertebrate scavenging and decomposition rate, seasonal baseline data for single, clothed ~60 kg porcine carcasses were compared to clothed multiple-carcass deployments, in a forensically relevant habitat of Cape Town, South Africa. Decomposition was tracked via weight loss and bloat progression and scavenging activity via motion-activated cameras. The single carcasses decayed more quickly, particularly during the cooler, wetter winter, strongly correlated with concentrated Cape gray mongoose (Galerella pulverulenta) scavenging activity. On average and across seasons, the single carcasses lost 68% of their mass by day 32 (567 accumulated degree days [ADD]), compared to 80 days (1477 ADD) for multi-carcass deployments. The single carcasses experienced substantially more scavenging activity, with longer visits by single and multiple mongooses, totaling 53 h on average compared to 20 h for the multi-carcass deployments. These differences in scavenging activity and decay rate demonstrate the impact of carrion biomass load on decomposition for forensic taphonomy research. These findings need corroboration. However, forensic realism requires consideration in taphonomic study design. Longitudinally examining many single carcasses may produce more forensically accurate, locally appropriate, and usable results.     

What does it mean to suffer loss? Haxton v Philips Electronics

In Haxton v Philips Electronics the Court of Appeal considered whether a widow could recover the diminution in value of her dependency claim following the defendant's tortious reduction of her life expectancy. The note outlines the development of the common law, demonstrating that Haxton is novel but not unorthodox, and tests whether Haxton's principles can provide a sound foundation for future cases. Positing three hypothetical scenarios, it argues that the disparity in outcome, rather than indicating a lack of unifying principle, as was suggested in Jobling v Associated Dairies, may be explained by combining Austin's division between primary and secondary rights with Gardner and Stevens' contributions as to how they are protected. Restitutio in integrum requires consideration of the reasons and values underlying the right in question and these are discernible in the jurisprudence. The note also considers whether Haxton could have been decided on the basis that a defendant should not profit from its own wrongdoing.     

What's mine is mine and what's yours is mine too: Converging U.S. intellectual property exhaustion doctrines

With the increasing dispersion of intellectual property comes the intellectual property rights owner's continued desire to retain that part of the equation for which the bargain was struck. In terms of patents, the patentee strikes a deal to disclose the invention to the public in exchange for a monopoly over its use for a limited term. Copyright holders contribute their works to the intellectual pool receiving value by sale, lease or license. In 2012–13, the U.S. Supreme Court was tasked with delineating the realms of two intellectual property exhaustion doctrines and answering the question of where to draw the line with regard to an IP owner's ability to control the protected invention or work via patent or copyright, respectively. In one case, the Court permitted the intellectual property owner to restrict a subsequent purchaser's use of the product subject to protection, while in the other case the Court rejected the intellectual property owner's attempt to control the downstream use or resale of the product. This article discusses the relevant intellectual property exhaustion doctrines, analyzes and reconciles the Court's decisions in these cases, and provides guidance for navigating restrictions on use of U.S. protected products and works around the globe.     

Interracial marriages in twentieth-century Cape Town: evidence from Anglican marriage records

ABSTRACT

One of the most controversial laws promulgated by the National Party as part of South Africa’s mid-twentieth century apartheid policies was the 1949 Prohibition of Mixed Marriages Act. This Act stipulated that ‘a marriage between a European and non-European may not be solemnized, and any such marriage solemnized in contravention of the provisions of this section shall be void and of null effect’. We use more than 23,000 newly-transcribed Anglican marriage records of Cape Town for the period 1911 to 1964 to show that the Act had mostly followed, and not led, changing interracial marriage practices. In the years before the Act’s promulgation, interracial marriages were rare and on the decline, despite the fact that apartheid-era policies had not yet been institutionalized. Our results suggests that marriage behaviour in Cape Town, and probably in South Africa more generally, was shaped by racial stratification early in the twentieth century. The Prohibition of Mixed Marriages Act of 1949, although devastating to those affected, was a correlate to rather than the cause of changing marriage behaviour.