Law & Humanities Blog


Funny Politicians

Posted: 09 Jan 2013 02:24 PM PST

New Star Trek Film Folks Will Unveil App To Encourage Faithful Fans

Posted: 09 Jan 2013 10:13 AM PST

Love Star Trek (particularly the reboot of the franchise)? Love your smart phone? Now you can indulge your affection for both with a Star Trek Into the Darkness app, which will be available, according to the Hollywood Reporter, at the end of this month. Says THR's Aaron Couch,

A smartphone app for fans anticipating J.J. Abrams' upcoming Trek sequel will launch at the end of this month and will allow users to go on Starfleet-esque missions by inputting audio-visual elements into their phones....For example, a fan could watch the Into Darkness trailer on TV, and the app's audio tool would hear it and might reward its user with points toward unlocking a new Star Trek image or wallpaper. The app's geolocation tool might reward fans for going to a movie theater, while those who snap a photo of an Into Darkness poster could earn points toward unlocking a video.
The ultimate prize? A trip to see the premiere of the film.
Sounds just a little interactively high tech-ily obsessive to me, but then only about ten people even have my cell phone number. 

Indigenous Sovereignty: A Literature Review

Posted: 09 Jan 2013 09:58 AM PST

Jennifer L. Archer, Archer Law Corporation, has published Sovereignty as a Social Construct: A Literature Review of Indigenous Peoples' Perspectives.
The concept of sovereignty is both culturally and historically dependent. Sovereignty evolved within the Western legal tradition as a tool to legitimize imperial conquest over Indigenous peoples, territories and resources. Indigenous peoples, as non-state actors in the international community of sovereigns, have found themselves defined by this narrow and often-violent conception of power, which, at its heart, is contrary to Indigenous peoples' values and epistemology. This has made it difficult for Indigenous peoples to engage or assert Western sovereignty without also experiencing a form of cultural and epistemological assimilation. An understanding and respect for the values that form the basis of Indigenous sovereignty can ultimately allow for the possibility of genuine social and legal reconciliation within the international legal system.

This literature review allows current narratives regarding Indigenous sovereignty to provide an emerging counterpoint to the dominant legal discourse in order to demonstrate that sovereignty is ultimately a man-made construct. Once we acknowledge sovereignty as a social construct, we can undertake to (re)construct new laws in a manner that no longer legitimizes the domination of imperialist values over Indigenous values.
Download the paper from SSRN at the link. 

Traditional Property Law and Indigenous Culture

Posted: 09 Jan 2013 09:53 AM PST

Susan Elizabeth Farran, Northumbria University & University of the South Pacific, has published The 'Unnatural' Legal Framing of Traditional Knowledge and Forms of Cultural Expression. Here is the abstract.
The consequences of social and economic development in Pacific Island States are far reaching and on a number of levels illustrate the head-on collision of endogamous and exogamous forces. This is particularly evident in the ways in which manifestations of cultural property and traditional knowledge are harnessed and regulated. Laws inspired by western liberal thinking and capitalist economies see intellectual effort as giving rise to property rights and their related remedies, which are premised on individualism, exclusion and the commodity value of knowledge and creativity and its physical manifestation. Traditional, indigenous perceptions are however different. While knowledge may be power it is not always exclusive, individual or commercial. Cultural property creates networks of exchange and reflects continuums between the past and the present, between people and generations, and people and places. Increasingly there is pressure internally and externally to exploit and use cultural property and traditional knowledge for development objectives. Linked to this is a real or perceived need to adopt or incorporate a range of legal measures. Many of these are reflections of the colonial past of Pacific islands and an illustration of the neo-colonial present. There are however some attempts to moderate this onslaught and to take steps to shape the regulatory framework in a way that bridges the traditional and the modern.
This paper considers the challenges facing Pacific island states seeking to articulate laws which meet the demands of modernity and satisfy the values of tradition. It looks in particular at the problems posed by unfamiliar legal concepts and the consequences of trying to bring traditional knowledge and cultural property within the framework of laws originating from very different cultural and normative backgrounds and concludes with a critical assessment of the contemporary legal picture.
Download the paper from SSRN at the link. 
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