1,720,960 research outputs found
No means no - but when does yes mean yes? : the legal validity of a voluntarily intoxicated consent to sex
No full textThe Citizen and Administrative Justice: Reforming Complaint Management in New Zealand
No full textThis paper explores the emergent concept of "administrative justice" in the context of administrative complaint management. It suggests that a new theory of administrative justice should be adopted for New Zealand, which will reform the way that citizens' complaints about administrative decision makers are handled. Currently, the system of complaint management operates against citizens rather than in their favour which, it is suggested, inhibits good governance and weakens the relationship between New Zealand citizens and the state
No means no - but when does yes mean yes? : the legal validity of a voluntarily intoxicated consent to sex
Full text linkDignity and Mana: in Aotearoa New Zealand Legislation
No full textThe term ‘dignity’ is used in a variety of legislative contexts in Aotearoa New Zealand, to express different ideas and perform different functions. It is also sometimes deployed alongside the Mäori concept of mana, suggesting a degree of legal association between these two discrete concepts. In this article we review the use of dignity in New Zealand case law and legislation, and critique the association being drawn between mana and dignity in our legal system. We also raise the possibility of a richer, locally legitimate conception of dignity to develop in Aotearoan law, one that draws on values and ideals from tikanga Māori – including but not limited to mana
The Māori Land Court: Exploring the Space between Law, Design, and Kaupapa Māori
Full text linkAotearoa/New Zealand is currently contemplating legislative reform of Te Ture Whenua Maori Act 1993, the statutory regime that governs Māori land. With the focus of both Māori and the Crown once again strongly on the Māori land law regime, this thesis takes the opportunity to bring a new perspective to the Māori Land Court, as the legal entity that sits at the centre of that regime. It draws on law’s recent, growing interest in design-based concepts and practices and how these can usefully be brought to bear on legal subject matters. It combines law and design, within a Kaupapa Māori research and theoretical framework, with two overarching objectives: to explore whether a design perspective can enrich our understanding of the relationship between owners of Māori land and the Māori Land Court; and to explore what design might contribute to ongoing and future Court reform.
The relationship between owners of Māori land and the Māori Land Court is unique, and many owners of land may not be engaged with the Court or with their land interests, for a range of complex reasons. In illustration of this, many thousands of interests in Māori land have not been succeeded to through the Court, and remain in the ownership of a deceased individual. Design may make a valuable contribution here in that it encourages us to take seriously the notion that courts ought to be designed with all users in mind. This thesis draws on the emerging legal design field being developed by researchers in North America and Europe, and on accounts of Māori design within Aotearoa/New Zealand, to start to make the Western theory appropriate for application in our Indigenous legal spaces.
As part of the thesis, a small qualitative research study was undertaken with seven current Māori landowners, who have each recently used the Court to succeed to interests in Māori land. The research methodology was informed by design and Kaupapa Māori. Participants were asked to create collages and respond to exercises pertaining to their interactions with the Court, and then describe to the researcher what they made. The research sought to gain insights into the experience of succeeding to land through the Court.
Drawing on the results of that research, the thesis makes suggestions for how we can better attend to the experience of succeeding to Māori land through the Court, and better support those people who do so. The thesis also puts forward a framework for organising the different landowner relationships that surround the Court into three groups, of use, non-use (or potential use), and future-use. This framework may help us to consider how we can design the Māori Land Court system in such a way that all landowners will see its meaning and relevance to their lives.
The thesis also considers whether a design perspective might contribute to ongoing Court reform. The Crown has begun to mobilise “co-design” approaches towards policy and law reform in areas that affect Māori, and we may see a similar approach applied to the Māori Land Court in the future. To date, however, co-design approaches have promised more than they have delivered. The thesis suggests that a successful design-oriented reform approach to the Court would be collaborative, convivial, imaginative, experimental, and creative. It would connect with Indigenous political projects of reframing, envisioning, and creating. Furthermore, the field research suggests that Māori stakeholders are willing to engage in creative research methods, and that valuable insights emerge when they are asked to apply their creativity to issues of significance in their lives. These findings may prove useful if a design-based law reform approach is applied to the Māori Land Court in the future
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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