3,035 research outputs found
Who owns native nature? Discourses of rights to land, culture, and knowledge in New Zealand
No full textMichael Brown famously asked ‘Who owns native culture?’ This paper revisits that question by analyzing what happens to culture when the culturally defined boundary between it and nature becomes salient in the context of disputes between indigenous and settler populations. My case study is the dispute between the New Zealand government and Maori tribal groupings concerning ownership of the foreshore and seabed. Having been granted the right to test their claims in court in 2003, Maori groups were enraged when the government legislated the right out of existence in 2004. Though the reasons for doing so were clearly political, contrasting cultural assumptions appeared to set Maori and Pakeha (New Zealanders of European origin) at odds. While couching ownership of part of nature as an IPR issue may seem counter-intuitive, I argue that as soon as a property claim destabilizes the nature/culture boundary, IPR discourse becomes pertinent
Im Memoriam: Professor Michael Goldsmith
No full textMichael Goldsmith, the Woodruff J. Deem Professor of Law, Brigham Young University, was more than a protege. Over the years, he became a close colleague and a true and long-lasting friend.
Mike was unlucky to fall from the ravishes of ALS. Yet he was lucky in life. In the end, people are all that count, not scholarship, public service, or fame. On this count, he was uncommonly lucky.
Michael Goldsmith: Requiescat in Pace
A Reply to Michael Goldsmith
No full textI am grateful for Professor Michael Goldsmith\u27s response to my discussion of RICO. It is always gratifying to find that one\u27s writings have stimulated thought and debate.
Professor Goldsmith\u27s criticisms of my discussion come in three parts. First, he claims that I have misread the history of RICO\u27s adoption. Second, he objects to my criticisms of its scope. Third, he argues that the statute as now drafted serves prosecutorial purposes that would not be captured by the proposals I make for its replacement. Professor Goldsmith\u27s arguments are not persuasive
Ground Zero
No full textSynopsis and review of the Australian feature film Ground Zero directed by Michael Pattinson and Bruce Myles
Public Finance Initiative : Les infrastructures routières
No full textElland-Goldsmith Michael. Public Finance Initiative : Les infrastructures routières. In: Revue internationale de droit comparé. Vol. 54 N°1, Janvier-mars 2002. pp. 17-32
Centralisation and decentralisation: changing patterns of intergovernmental relations in advanced western societies -an introduction by the editors
No full textTranslated identities: 'Pakeha' as subjects of the Treaty of Waitangi
No full textThe politics of translation is clearly a perennial focus of debate in New Zealand, as shown by thematic links between the New Zealand social anthropology conferences at Waikato in 1990 and Auckland in 2004. Of the many issues of translation swirling around ongoing attempts to interpret the Treaty of Waitangi, a surprisingly neglected one concerns the identities of the people on behalf of whom the Crown signed the Treaty. The term 'Pakeha' appears only once in the Treaty, the question of whom it refers to is by no means straightforward, and it would be unwise to presume that it had the same range of meanings in 1840 as it does in present-day biculturalism. This point is demonstrated by a re-reading of historical material concerning the parties present at or implicated in the signing of the Treaty, including the so-called Pakeha Maori
Operation Guidance Manual for Harvest Facilities during FAD/EDI Investigations
No full textGoldsmith, Timothy; Mahero, Michael; Davies, Peter. (2015). Operation Guidance Manual for Harvest Facilities during FAD/EDI Investigations. Retrieved from the University Digital Conservancy, https://hdl.handle.net/11299/174975
Le cas des infrastructures routières en Grande Bretagne et en France
No full textElland-Goldsmith Michael, Kiviatowski Jean-Marc. Le cas des infrastructures routières en Grande Bretagne et en France. In: Revue internationale de droit comparé. Vol. 54 N°1, Janvier-mars 2002. pp. 33-39
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