Reframing Kurtz’s Painting: Colonial Legacies and Minority Rights in Ethnically Divided Societies

Minority rights constitute some of the most normatively and economically important human rights. Although the political science and legal literatures have proffered a number of constitutional and institutional design solutions to address the protection of minority rights, these solutions are characterized by a noticeable neglect of, and lack of sensitivity to, historical processes. This Article addresses that gap in the literature by developing a causal argument that explains diverging practices of minority rights protections as functions of colonial governments’ variegated institutional practices with respect to particular ethnic groups. Specifically, this Article argues that in instances where colonial governments politicize and institutionalize ethnic hegemony in the pre-independence period, an institutional legacy is created that leads to lower levels of minority rights protections. Conversely, a uniform treatment and depoliticization of ethnicity prior to independence ultimately minimizes ethnic cleavages post-independence and consequently causes higher levels of minority rights protections. Through a highly structured comparative historical analysis of Botswana and Ghana, this Article builds on a new and exciting research agenda that focuses on the role of long-term historio-structural and institutional influences on human rights performance and makes important empirical contributions by eschewing traditional methodologies that focus on single case studies that are largely descriptive in their analyses. Ultimately, this Article highlights both the strength of a historical approach to understanding current variations in minority rights protections and the varied institutional responses within a specific colonial government

Invalid party wall awards and how to avoid them

Considers the reasons for the invalidity of party wall awards. Examines decided cases under earlier party wall legislation in the context of the Party Wall etc. Act 1996. Explains invalidity on the basis of an excess of the surveyors’ statutory authority. Defines this authority in terms of jurisdiction and power. Demonstrates the limits of the surveyors’ authority and emphasises the importance of strict compliance with statutory procedures. Concludes that surveyors should adopt an inquisitive and analytical approach to the scope of their authority to avoid the possibility of invalid awards. Echoes John Anstey’s earlier warning that surveyors should avoid a broad-brush approach to their duties which will only leave them “covered in soot”

Justice Stevens and Constitutional Adjudication: The Law Beyond the Rules

This Article considers Justice Stevens’ approach to equal protection and free speech cases. It contrasts his longstanding attempts to pierce through mediating doctrinal rules in these areas and apply true constitutional meaning (“the law beyond the rules”) with the more rule-bound approach exemplified by Chief Justice Roberts and other members of the Court’s conservative bloc. While appreciating JusticeStevens’ efforts in this regard, this Article also recognizes some of the problems he encountered in his quest. However, it also notes that the more rule-bound approach suffers from flaws of its own, even when judged against the criteria more rule-friendly justices offer to evaluate a given method of constitutional adjudication. Thus, whatever one might think of the ultimate success of Justice Stevens’ project, it is surely the case that the more rule-bound approach has not proven its clear superiority

Open String Wavefunctions in Warped Compactifications

We analyze the wavefunctions for open strings in warped compactifications, and compute the warped Kahler potential for the light modes of a probe D-brane. This analysis not only applies to the dynamics of D-branes in warped backgrounds, but also allows to deduce warping corrections to the closed string Kahler metrics via their couplings to open strings. We consider in particular the spectrum of D7-branes in warped Calabi-Yau orientifolds, which provide a string theory realizations of the Randall-Sundrum scenario. We find that certain background fluxes, necessary in the presence of warping, couple to the fermionic wavefunctions and qualitatively change their behavior. This modified dependence of the wavefunctions are needed for consistency with supersymmetry, though it is present in non-supersymmetric vacua as well. We discuss the deviations of our setup from the RS scenario and, as an application of our results, compute the warping corrections to Yukawa couplings in a simple model. Our analysis is performed both with and without the presence of D-brane world-volume flux, as well as for the case of backgrounds with varying dilaton.Comment: 52 pages, refs. added, minor correction