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Inuit Qaujimajatuqangit: What Inuit Have Always Known to Be True (eds Joe Karetak, Frank Tester & Shirley Tagalik)
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Notes Toward a Review of IRL and Nature Poem by Tommy Pico
Get PDFA review of Tommy Pico's recent poetry collections, IRL and Nature Poem
Academic Reflection – The Matriarchs of the Home: Unspeakable Subjects in Times of Austerity
Get PDFInvestigates the gendered effects of austerity politics with reference to the case of working class ‘matriarchs of family homes’ who find that contemporary British ‘welfare reforms’ are far from ‘neutral’. On the contrary, they target precisely those areas of life that working class mothers often remain responsible for: the family homes that constitute the domain for social reproduction. It is here then that we see at play what Nicola Lacey identifies in Unspeakable Subjects (1998) as a central move: a shift from ‘private to public patriarchy’ at the heart of welfare provision
FINDING THE BALANCE: PROPORTIONALITY, GOOGLE SPAIN, AND THE RIGHT TO BE FORGOTTEN UNDER THE EU’S GENERAL DATA PROTECTION REGULATION
Get PDFWith the EU’s trailblazing new data protection regulation (GDPR) coming into force in late 2018, the importance of data protection and privacy law has been amplified across the globe. Under the EU’s old data protection directive, however, a number of precedents, including the ‘right to be forgotten,’ will likely be impacted by the new regulation. While the European Court of Justice’s interpretation of this right under the old directive is particularly worrisome, the GDPR could facilitate the continuance of the right as it currently exists or alternatively, serve to narrow it. This article will demonstrate that while there is indeed a strong argument in favor of recognizing a legal ‘right to be forgotten,’ there is also a danger in striking an imbalance between an individual’s right to privacy on one hand, and the public’s right to information and freedom of expression on the other. While it is likely that the judgment will remain highly persuasive under the new GDPR, this paper will also examine additional protections built into the Regulation, as well as other practical limitations that could assist in keeping the right to be forgotten ‘in check’ moving forward
A Humanless World: The Progressive Artificial Intelligence and its Impact on Intellectual Property
Get PDFWith recent leaps in the field of robotics and artificial intelligence, the boundary between science fiction and reality is blurring constantly, with computers performing actions previously thought to be unique only to man. Though challenged by traversal of the physical realm, their capabilities to mimic human problem solving and creativity is growing exponentially.In discovering this potential lies the possibility of a cultural and scientific enrichment the likes of which will dwarf both the Renaissance and the Industrial Revolution, respectively. Naturally this is accompanied by countless inventions and artistic expressions from which society will inevitably benefit. However, due to their originators likely being at least in part or wholly computers, the question will arise as to who will be their true owners or authors from a legal standpoint.This article will examine the extent to which human and machine intelligence can be compared and will attempt to ascertain the ways in which the latter could pose a threat to the system of Intellectual Property laws in place to protect the rights of inventors/creators. Where possible, the piece will also attempt to propose potential remedies and pre-emptive actions to alleviate the dangers such a synthetic revolution could cause to IP’s legal framework
The UK’s Prevent policy as a form of risk governance in the education sector and how it violates human rights and fundamental freedoms
Get PDFThe UK’s Prevent Program within the education sector and its referral initiative Channel, are counter-effective. The government claims that these initiatives are a means of safeguarding vulnerable students from extremism. Contrary to these claims is that the Prevent program is not well received within the education sector. In fact, most interactions that have involved police intervention have resulted in violations of human rights and fundamental freedoms of children under the care act. Consequently, a number of lawsuits have been levied against Prevent by parents and academicians which is highlighted in this paper. Furthermore, the statutory duty imposed under Prevent is a form of risk governance driven by pre-emption. British Muslim students are singled out as suspect communities because they ‘lack in Britishness’ and placed under surveillance. Moreover, the government claims that Prevent is a safeguarding initiative implemented to protect vulnerable students from extremism. This paper will show that the uncertainty level presented by the term extremism, renders Prevent’s risk assessment unreliable. Furthermore, the changing level of risk associated with risk governance renders the premise of Prevent political. This is the kind of governmentality that is constructed at the supranational level and implemented locally through domestic policies such as Prevent
Acquisitive Liberations: A Critical Evaluation of the Use of Human Rights Discourse in Justifying Military Intervention
Get PDFMilitary intervention into the affairs of other states is often justified by the United States of America with reference to human rights, and is therefore called humanitarian intervention. This article examines the operation of the human rights discourse in justifying such intervention, and argues that the conflation of national self-interest and collective self-defence, which is allowed for in jus ad bellum discourse and built into the UN legal and executive architecture, allows for intervening states to present military actions that afford them strategic gain and commercial opportunity as altruistic acts. Support, weak resistance or acquiescence to such action by the UN and by the press allows for such actions to acquire popular legitimacy, and this article examines how the human rights discourse provides an argumentative framework to articulate such legitimacy. In its critical analysis of arguments put forward by Simma and Cassese, the article concludes that the conduct of intervening states post bellum should attract as much legal scrutiny as the initial intervention, and that the use of human rights to justify interventions that are acquisitive in motive undermines the purpose and operations of human rights as a driver for positive change in the world
'Identity Politics' and Property in the Trump/Brexit Era
Get PDFThis comment piece in the Feminist Perspectives on Brexit series argues that the Trump and Brexit campaigns need to be understood by reference to the interconnections between identity - specifically white identity - and property in the national spaces of the US and the UK. It was originally given as a paper to the Feminists @ Law: Revisiting Identity Symposium, UTS, Sydney, 2-3 November 2017
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