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1
Weiss, E. "Grosch Claims Title of "Oldest Living Computer"." IEEE Annals of the History of Computing 18, no. 1 (1996): 70. http://dx.doi.org/10.1109/mahc.1996.476567.
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Prescott, Victor, and Stephen Davis. "Aboriginal I Claims to Seas in Australia." International Journal of Marine and Coastal Law 17, no. 1 (2002): 1–31. http://dx.doi.org/10.1163/157180802x00251.
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AbstractIn 1992 the famous judgment in the Mabo (No.2 case), in the High Court of Australia, determined that the common law of Australia recognised and protected native title claims in accordance with traditional laws and customs. Within six years nearly 800 claims had been lodged with the Native Title Tribunal and 70 per cent of them were in Queensland and Western Australia. Nearly one-third of those claims included areas of sea. Before 1992 scholars had demonstrated that clan estates included marine sections along tropical coasts. Only two claims to seas or sea-bed have been tested in the courts. This paper reviews five questions that will recur in future similar cases. They deal with the location of claims, their possible extent, the evidence that will justify them, the delimitation of successful claims and accommodations regarding the use of claimed seas between indigenous and other peoples.
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Casey, Bryan. "Title 2.0: Discrimination Law in a Data-Driven Society." Journal of Law and Mobility 2019 (2019): 36–52. http://dx.doi.org/10.36635/jlm.2019.title.
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More than a quarter century after civil rights activists pioneered America’s first ridesharing network, the connections between transportation, innovation, and discrimination are again on full display. Industry leaders such as Uber, Amazon, and Waze have garnered widespread acclaim for successfully combatting stubbornly persistent barriers to transportation. But alongside this well-deserved praise has come a new set of concerns. Indeed, a growing number of studies have uncovered troubling racial disparities in wait times, ride cancellation rates, and service availability in companies including Uber, Lyft, Task Rabbit, Grubhub, and Amazon Delivery. Surveying the methodologies employed by these studies reveals a subtle, but vitally important, commonality. All of them measure discrimination at a statistical level, not an individual one. As a structural matter, this isn’t coincidental. As America transitions to an increasingly algorithmic society, all signs now suggest we are leaving traditional brick and-mortar establishments behind for a new breed of data-driven ones. Discrimination, in other words, is going digital. And when it does, it will manifest itself—almost by definition—at a macroscopic scale. Why does this matter? Because not all of our civil rights laws cognize statistically-based discrimination claims. And as it so happens, Title II could be among them. This piece discusses the implications of this doctrinal uncertainty in a world where statistically-based claims are likely to be pressed against data-driven establishments with increasing regularity. Its goals are twofold. First, it seeks to build upon adjacent scholarship by fleshing out the specific structural features of emerging business models that will make Title II’s cognizance of “disparate effect” claims so urgent. In doing so, it argues that it is not the “platform economy,” per se, that poses an existential threat to the statute but something deeper. The true threat, to borrow Lawrence Lessig’s framing, is architectural in nature. It is the algorithms underlying “platform economy businesses” that are of greatest doctrinal concern—regardless of whether such businesses operate inside the platform economy or outside it. Second, this essay joins others in calling for policy reforms focused on modernizing our civil rights canon. It argues that our transition from the “Internet Society” to the “Algorithmic Society” will demand that Title II receive a doctrinal update. If it is to remain relevant in the years and decades ahead, Title II must become Title 2.0.
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Gerber, Lisa. "Aldo Leopold's “Great Possessions”." Environmental Ethics 40, no. 3 (2018): 269–82. http://dx.doi.org/10.5840/enviroethics201840324.
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In environmental ethics, the conception of possession is generally criticized, since land, plants, and animals should not be objectified, controlled, or owned. Yet, Aldo Leopold planned to title A Sand County Almanac “Great Possessions.” His title emphasized a point that Leopold thought important. In contrast to a sense of possession as domination, Leopold articulates a deeper, moral sense of possession in which the person claims and is claimed by others. For example, not only does Leopold claim his pines, his wife, and his chickadees, but he is also claimed by them. In this sense, possession is an act of love, care, and willingness to work on the behalf of others with passion and commitment. This sense of possession is worthy of our understanding and our emulation.
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Edmunds, Mary. "Managing Conflict Through Native Title Claims in Australia." Anthropology News 48, no. 8 (November 2007): 11. http://dx.doi.org/10.1525/an.2007.48.8.11.
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Singh, Krittika, and Timo Koivurova. "The South China Sea Award: Prompting a Revived Interest in the Validity of Canada’s Historic Internal Waters Claim?" Yearbook of Polar Law Online 10, no. 1 (2019): 386–412. http://dx.doi.org/10.1163/22116427_010010017.
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In the South China Sea Arbitration 2016, the Tribunal ruled on the criteria to determine the historic status of waters. Historic title claims are exceptional as they create rights and obligations outside the United Nations Convention on the Law of the Sea (UNCLOS). This article examines the Canadian historic title claim to the Northwest Passage in light of the ruling. First, the article will go into the Tribunal’s analysis of the criteria and standard of evidence required for establishing a historic rights/title claim (specifically, China’s claim in the South China Sea). Next, Canada’s claim will be tested against the three general criteria (effective exercise of jurisdiction, passage of time and acquiescence by foreign states). The goal of this article is to highlight the positive and negative aspects of Canada’s historic internal waters claim.
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Woodhead, Charlotte. "The Changing Tide of Title to Cultural Heritage Objects in UK Museums." International Journal of Cultural Property 22, no. 2-3 (August 2015): 229–57. http://dx.doi.org/10.1017/s0940739115000181.
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Abstract:UK museums are required to present themselves as the ethical guardians rather than simply the owners of their collections (Museums Association Code of Ethics principles 1.0 and 1.3). Museums which are members of the International Council of Museums are required, when acquiring objects for their collections, to ensure that they obtain valid title, rather than simply strict legal title, to the object (ICOM Code of Ethics, principle 2.2). This notion of valid title focuses on the relationship between the current possessor (the museum) and the object. However, one can also see the concept of claimants having moral claims to cultural heritage objects developing in the context of the notion of the “rightful owner” which is a term increasingly deployed to signify the person who has a valid moral, rather than legal, claim to the cultural heritage object (Seventh Report of the Culture Media and Sport Select Committee 1999-2000 [193]).Since 2000 the UK has introduced mechanisms to resolve, in limited circumstances, moral claims to cultural objects of which their owners were dispossessed during the Nazi era. This paper analyses the way in which a concept of moral title can be seen to have developed in the context of the resolution of Nazi era claims by the UK’s Spoliation Advisory Panel. To this end the paper analyses: how far the moral entitlement is linked with the legal title to the object; and whether moral title arises from the morally abhorrent dispossession that befell the claimant or his ancestor or whether it results from the recommendation of the Spoliation Advisory Panel. It is argued that the development of the notion of moral title poses challenges for the future, but an understanding of its role may also inform the resolution of disputes involving cultural heritage objects outside the context of the Nazi era.
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Trigger, David, and Robert Blowes. "Anthropologists, Lawyers and Issues for Expert Witnesses: Native Title Claims in Australia." Practicing Anthropology 23, no. 1 (January 1, 2001): 15–20. http://dx.doi.org/10.17730/praa.23.1.787151073p934186.
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Social scientists such as anthropologists, linguists and historians play an important role in researching and producing genealogies, reports and other claim materials which are submitted as evidence in native title claims. Being expert witnesses for Aboriginal claimants (or any other party) means that they may also be cross-examined on their evidence by opposing counsel. The recent Federal Court decision Daniel v State of Western Australia (the ‘Daniel case’2) highlights the need to carefully manage communications which occur in the course of researching, documenting and conducting native title claims; the case raises the issue of avoiding (or delaying) the loss of the protection of ‘client privilege’3 for confidential documents such as anthropological field notes and other primary research materials. The central issue is whether various documents can be kept confidential, and if so, for how long.
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Hunt, M. W. "NATIVE TITLE ISSUES AFFECTING PETROLEUM EXPLORATION AND PRODUCTION." APPEA Journal 39, no. 2 (1999): 107. http://dx.doi.org/10.1071/aj98065.
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This paper focusses on onshore exploration and production because the right to negotiate does not apply offshore. However, the Native Title Act can be relevant to offshore oil and gas explorers and producers. First, where their area of interest includes an island within the jurisdiction of Western Australia. Secondly, in respect of land required for the facilities to treat petroleum piped ashore.Under the original Native Title Act the right to negotiate proved unworkable, the expedited procedure failed to facilitate the grant of exploration titles and titles granted after 1 January 1994 were probably invalid.The paper examines the innovations introduced by the amended Native Title Act to consider whether it will be more 'workable' for petroleum explorers and producers. It examines some of categories of future acts in respect of which the right to negotiate does not apply (specifically indigenous land use agreements, renewals and extensions of titles, procedures for infrastructure titles, reserve land, water resources, low impact future acts, approved exploration etc acts and the expedited procedure).Other innovations include the new registration test for native title claims, the validation of pre-Wik titles, the amended right to negotiate procedure, the State implementation of the right of negotiate procedure and the objection and adjudication procedure for grants on pastoral land.The response of each state and territory parliament to the amended Act is considered, as is the Federal Court decision in the Miriuwung Gajerrong land claim (particularly the finding that native title includes resources, questioning whether these resources extend to petroleum).The paper observes that the full impact of the new Act cannot be determined until the states and territories have passed complementary legislation and it is all in operation. However, the paper's preliminary conclusion is that it does not provide a workable framework for the interaction between petroleum companies and native title claimants.The writer's view is that the right to negotiate procedure is unworkable if relied upon to obtain the grant of a title. If a proponent wishes to develop a project in any commercially acceptable timeframe, it will have to negotiate an agreement with native title claimants. The paper's conclusion is that a negotiated agreement is the only way to cope with native title issues.
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Dixon, Yvonne T. ""NLRB Perspective: Gilmer and Title VII Claims"." Journal of Individual Employment Rights 2, no. 4 (January 1, 1993): 293–303. http://dx.doi.org/10.2190/gehc-wd8k-a1t8-fu5c.
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Zwibelman, Michael A. "Why Title IX Does Not Preclude Section 1983 Claims." University of Chicago Law Review 65, no. 4 (1998): 1465. http://dx.doi.org/10.2307/1600270.
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Wood, Chris M., Mary A. Caldwell, Maureen K. Cusack, Usrah Claar-Rice, and Suzanne L. Dibble. "Clinical Nurse Specialists in California: Who Claims the Title?" Clinical Nurse Specialist 10, no. 6 (November 1996): 283–92. http://dx.doi.org/10.1097/00002800-199611000-00007.
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Quig, Paula. "Testing the Waters : Aboriginal Title Claims to Water Spaces and Submerged Lands – An Overview." Les Cahiers de droit 45, no. 4 (April 12, 2005): 659–92. http://dx.doi.org/10.7202/043812ar.
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This article provides an overview of some of the intriguing issues raised by Aboriginal title claims to water spaces and submerged lands. While the Supreme Court of Canada articulated a test for proof of Aboriginal title in the 1997 Delgamuukw decision, they did not squarely address questions relating to the viability of such claims outside of the “dry land” context. Recently, a number of Aboriginal groups from across Canada have filed claims seeking declarations of Aboriginal title in areas such as the foreshore, the sea, the seabed, and the Great Lakes and their connecting waterways. Similar claims might also surface in Quebec in the near future, in areas such as the St. Lawrence Seaway. The author guides the reader through international developments in this area, highlights some key legal and evidentiary issues which will require serious reflection in the near future, and provides some final thoughts with respect to the fundamental role which the goal of reconciliation and the principle of consultation will undoubtedly play in Aboriginal title cases to water spaces and submerged lands.
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McCormark, Gerard. "Reservation of title in England and New Zealand." Legal Studies 12, no. 2 (July 1992): 195–209. http://dx.doi.org/10.1111/j.1748-121x.1992.tb00465.x.
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Reservations of title clauses have enjoyed mixed fortunes in recent times at the hands of the courts in Britain. On the one hand, the House of Lords has upheld the validity and effectiveness of an ‘all-liabilities’ reservation of title clause. On the other hand, claims on the part of a supplier to resale proceeds have been rejected in a string offirst instance decisions. Reservation of title has however been viewed more favourably as a phenomenon in New Zealand. In the leading New Zealand case Len Vidgen Ski and Leisure Ltd u Timam Marine Supplies Ltd. a tracing claim succeeded. Moreover in Coleman u Harvey the New Zealand Court of Appeal gave vent to the view that the title of the supplier is not necessarily lost when mixing of goods, which are the subject matter of a reservation of title clause, has occurred. There are now a series of more recent New Zealand decisions, some of them unreported, dealing with many aspects of reservation of title.
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Campbell, Cameron, and James Lee. "Social Mobility from a Kinship Perspective: Rural Liaoning, 1789–1909." International Review of Social History 48, no. 1 (April 2003): 1–26. http://dx.doi.org/10.1017/s0020859002000901.
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This paper examines the role of kin networks in intergenerational mobility in rural Liaoning, China, 1789–1909. Classic studies of social mobility in historical China based on the records of imperial examination candidates suggest that society was relatively fluid. It has been claimed, however, that associations between fathers' and sons' outcomes overestimate the fluidity of historical Chinese society because many men who achieved prominence had been helped by senior kin other than their fathers. We test these claims by applying event-history techniques to longitudinal, nominative household register data, measuring the effects of characteristics of kin on the chances of obtaining an official title. Even though distant kin influenced the chances of obtaining a title, kin networks did not monopolize opportunities. There was substantial downward mobility among the sons of prominent families, and high proportions of titleholders were new, in the sense of not having any senior kin who held titles.
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Scott, Shirley V. "THE IRRELEVANCE OF NON-RECOGNITION TO AUSTRALIA'S ANTARCTIC TERRITORY TITLE." International and Comparative Law Quarterly 70, no. 2 (March 26, 2021): 491–503. http://dx.doi.org/10.1017/s0020589321000051.
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AbstractIt is often noted that few States recognize the seven national claims to Antarctic territory. Australia, one of the claimants, asserts title over 42 per cent of the continent and yet only four States have recognized its claim. Some States have expressly rejected Australia's claim. This article examines the legal significance of such widespread non-recognition. It does so through interrogating the evolution of the legal regime of territorial acquisition, its historical function and application to Antarctica, and relevant decisions of international courts and tribunals. The article identifies, and distinguishes amongst, several categories of non-recognition and considers the relevance of each. The analysis finds that the seemingly meagre level of recognition of Australia's title to the Australian Antarctic Territory does not detract from the validity of that title. This article points to possible reasons as to why a number of polar scholars may have suggested otherwise.
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Palmer, Kingsley. "Piety, Fact and the Oral Account in Native Title Claims." Anthropological Forum 21, no. 3 (October 19, 2011): 269–86. http://dx.doi.org/10.1080/00664677.2011.617680.
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Due, Clemence, and Damien W. Riggs. "Representing 'Australian Land'." International Journal of Critical Indigenous Studies 3, no. 1 (January 1, 2010): 26–36. http://dx.doi.org/10.5204/ijcis.v3i1.56.
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This article examines how Indigenous Australians' claims to their land are represented in the mainstream, non-Indigenous Australian media. In so doing, the article explores the common tropes available to non-Indigenous Australians in relation to Indigenous ownership of land, and in particular the native title system. It is argued that whilst initial land claims are discussed in detail within the media from a variety of perspectives, subsequent Indigenous land use agreements are most commonly reported upon in terms of business and economic concerns, with 'failed' agreements represented as impediments to 'development'. Thus, whilst the claims of Indigenous Australians to their land are sometimes reported positively by the media, this is only insofar as native title does not impede business development, which is frequently represented as the way in which land ultimately ought to be used. Thus non-Indigenous readers are left with an image of native title whereby initial land claims are considered not to be threatening, but only to the extent that subsequent use of the land still fits a white Australian image of 'development'.
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Demacopoulos, George E. "Gregory the Great and the Sixth-Century Dispute over the Ecumenical Title." Theological Studies 70, no. 3 (September 2009): 600–621. http://dx.doi.org/10.1177/004056390907000304.
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The article explores the showdown between Pope Gregory I and Patriarch John IV of Constantinople over the ecumenical title. It argues that the promotion of the title coincided with other Eastern challenges to Roman prestige and that Gregory's diplomatic strategies evolved over the course of the controversy. While nothing in his correspondence suggests that he would endorse subsequent claims to universal Roman privilege, Eastern intransigence pushed the pontiff to embrace the rhetorical claims of Petrine privilege.
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Yurkowski, Rachel A. ""We are all Here to Stay"; Addressing Aboriginal Title Claims after Delgamuukw v British Columbia." Victoria University of Wellington Law Review 31, no. 3 (October 2, 2000): 471. http://dx.doi.org/10.26686/vuwlr.v31i3.5939.
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This article outlines how the Canadian courts dealt with the interface between aboriginal title and common law notions of property throughout the various Delgamuukw decisions. Through examination of the different judgments in the case, at different judicial levels, the article traverses issues around the source of aboriginal title, and subsequent limitations on the content of aboriginal title which arise from that. The article concludes that the unique concept of aboriginal title cannot be interpreted within the paradigm of the common law. The article further concludes that courts are the wrong forum for adjudicating aboriginal claims.
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BOTHA, PIETER J. J. "THEOLOGY, RATIONALITY AND TRUTH-CLAIMS: METATHEORETICAL REFLECTIONS ON SELF-DECEPTION." Religion and Theology 12, no. 2 (2005): v—128. http://dx.doi.org/10.1163/157430105x00013.
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Abstract<title> Abstract </title>Reflecting on self-deception makes us aware that this phenomenon is far more complex than a 'problem' or 'illness' in need of solution or therapy. It confronts us with the question of who we are and what kind of person we want to be. Truth and honesty are intertwined, and reality must also be conceived ethically: one cannot overestimate the precautions that must be taken to guard against obtaining proof from research that fits with what we expect to obtain, because our wishes and our preferences have led us to affect our awareness and cognitive faculties to respond in accordance with our expectations.
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Vardi, Amiel D. "Why Attic Nights? Or What's in a Name?" Classical Quarterly 43, no. 1 (May 1993): 298–301. http://dx.doi.org/10.1017/s0009838800044360.
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In the preface to his Nodes Atticae, Gellius explains his choice of title:quoniam longinquis per hiemem noctibus in agro, sicuti dixi, terrae Atticae commentationes hasce ludere ac facere exorsi sumus, idcirco eas inscripsimus Noctium esse Atticarum (praef. 4)He then proceeds to enumerate other titles used for miscellaneous works similar to his own, both Greek and Latin, which, he claims, are far more refined and witty than his title (§§4–9). Attractive as Gellius' explanation may be, it raises some serious difficulties2 and should not be taken at face value, especially since it seems to establish a novel type of relation between title and work. None of the titles in Gellius' list seems to have been based on the circumstances of the inception of the work, nor indeed does any other extant title prior to the publication of the Nodes Atticae. There is no reason to deny Gellius the credit for inventing a novel principle of titling, yet titles based on the circumstances of composition rather than on the content of the work fail to perform a primary function of titles, namely an initial direction of the expectations of prospective readers.
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Cutler, Stephen M. "A Trait-Based Approach to National Origin Claims under Title VII." Yale Law Journal 94, no. 5 (April 1985): 1164. http://dx.doi.org/10.2307/796154.
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Foley, Fiona. "The People of K’Gari/Fraser Island: Working through 250 Years of Racial Double Coding." Genealogy 4, no. 3 (July 8, 2020): 74. http://dx.doi.org/10.3390/genealogy4030074.
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Genealogy is important to Aboriginal societies in Australia because it lets us know who has a right to speak for country. Our genealogy binds us to our traditional country as sovereign nations—clans with distinct languages, ceremony, laws, rights and responsibilities. Since the Native Title Act 1993 was passed by the Keating government, hundreds of Native Title claims have been lodged. The first Native Title claim to be lodged on Badtjala/Butchulla country was in 1996 by my great aunty, Olga Miller, followed by the Butchulla People #2 and the Butchulla People (Land & Sea Claim #2). Consent determination was awarded for K’gari (Fraser Island) in 2014 and for the mainland claim in 2019. As a sovereign nation, we have undergone many decades of deprivational longing—physically separated from our island, but in plain view. This article is written from a Badtjala lens, mapping generations of my Wondunna clan family through the eyes of an artist-academic who has created work since 1986 invested in cultural responsibility. With the accompanying film, Out of the Sea Like Cloud, I recenter the Badtjala history from a personal and local perspective, that incorporates national and international histories.
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Wolak, Grzegorz. "The issue of claims for compensation under Article 18(1) of the Act of 21 June 2001 on the Protection of Tenants’ Rights, Commune Housing Resources and Amendments to the Civil Code." Nieruchomości@ III, no. III (September 30, 2021): 33–61. http://dx.doi.org/10.5604/01.3001.0015.2476.
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The paper briefly outlines some selected issues regarding claims for compensation against a person occupying residential premises without a legal title under Article 18(1) of the Act of 21 June 2001 on the Protection of Tenants’ Rights, Commune Housing Resources and Amendments to the Civil Code. The nature of the compensation and the obligation to pay the same, the nature of liability for damage on the part of the person occupying residential premises without a legal title as well the right of action to pursue claims under Article 18(1) of the above-mentioned Act have been discussed.
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Rousseau, Dominique. "Citizenship in Abeyance." European Constitutional Law Review 1, no. 1 (October 12, 2004): 44–46. http://dx.doi.org/10.1017/s1574019605000441.
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In a text which claims constitutional rank the principle of citizenship, in all meanings of the term, is fundamental. If a treaty has as its first reference the State, a constitution naturally has as a reference also the citizen. Indeed in the European Constitution provisions abound referring to the citizen. In Part I they are to be found in Titles II and VI; in Part II there is the whole Title V and in Part III there is Title II. As citizenship is everywhere in the Draft, this would deserve it the rank of Constitution that it claims.This first impression, however, is not supported by reading the different actual provisions in the Draft Constitution concerning citizenship. They fall short on three grounds.
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Altman, J. C. "NATIVE TITLE AND THE PETROLEUM INDUSTRY: RECENT DEVELOPMENTS, OPTIONS, RISKS AND STRATEGIC CHOICES." APPEA Journal 36, no. 2 (1996): 139. http://dx.doi.org/10.1071/aj95074.
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The Native Title Act 1993 (NTA) introduces a new dimension to Australia's land tenure systems; new property rights are established for native title parties via the creation of a 'right to negotiate' (RTN) with respect to future acts on land where native title might be determined. There is growing recognition that, legal uncertainties about the potential co-existence of native title on pastoral leases aside, there are elements of the NTA that are resulting in sub-optimal outcomes for the petroleum industry. Within a Coasian analytical framework it is demonstrated that owing to unclear property rights, transactions costs for negotiating exploration and production with native title parties are high. Recognising this, the Commonwealth government has proposed a package of amendments that attempt to address industry concerns while balancing these against indigenous interests. These recommendations include a once-only RTN, a higher threshold for registration of claims, automatic renewal of existing production leases and mandatory statutory functions for Native Title Representative Bodies (NTRBs) that will require them to resolve competing native title claims and to sign-off agreements with resource developers. Noting that strategic behaviour by industry, indigenous parties and especially State governments have hampered effective operations of the NTA, the paper ends by considering the choices available to the petroleum industry to ensure that statutory amendments are in its best interests.
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Chann, Naindeep Singh. "Lord of the Auspicious Conjunction: Origins of the Sāhib-Qirān." Iran and the Caucasus 13, no. 1 (2009): 93–110. http://dx.doi.org/10.1163/160984909x12476379007927.
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AbstractThis paper seeks to look at the origins, employment, and claims associated with the title sāhib-qirān. Occurring throughout the mediaeval to modern period, with special prominence during the early modern, the title underwent various transformations within particular polities and beyond. While any discussion of the sāhib-qirān must give significant place to the life and career of Timur, the title is far older than the Central Asian conqueror. As is shown, roots of the title and its historical background suggest a pre-Islamic Iranian origin, particularly traced in Pahlavi literature.
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Verschaffel, Tom, and Kaat Wils. "History Education and the Claims of Society." Journal of Educational Media, Memory, and Society 4, no. 1 (March 1, 2012): 1–6. http://dx.doi.org/10.3167/jemms.2012.040101.
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The political use and instrumentalization of history is a central theme within the historiography of history education. Neither history nor education is a politically neutral domain; history education is and has always been a highly politicized phenomenon. For his recent article on the development of history education in England, Germany, and the Netherlands throughout the nineteenth and twentieth centuries, the Dutch history didactician Arie Wilschut chose the significant title, “History at the Mercy of Politicians and Ideologies.” History education, Wilschut argues, has, in all three countries, continually—with a short break in the 1960s and 1970s—been instrumentalized by national politics to the detriment of unbiased interpretations of the past.
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Shapreau, CJ. "Case note. The Brother Jonathan decision: treasure salvor's 'actual possession' of shipwreck gives rise to federal jurisdiction for title claim." International Journal of Cultural Property 7, no. 2 (January 1998): 475–95. http://dx.doi.org/10.1017/s094073919877047x.
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The Supreme Court issued its decision in Spring 1998 in California and State Lands Commission v Deep Sea Research, Inc. making the noteworthy holding that treasure salvors that have 'actual possession' of shipwrecks located on a state's submerged lands will not be ousted from federal court jurisdiction on Eleventh Amendment immunity grounds. Calling into question the Supreme Court's previous opinion involving shipwreck litigation in Florida Dept. of State v. Treasure Salvors, Inc., decided in 1982, the Court has made clear that claims for title to such submerged artifacts can now be fully adjudicated in federal court. In making this significant ruling, and in redefining what constitutes a 'colorable claim' to title in shipwrecks under the Abandoned Shipwreck Act, the Court resuscitated legal precedent that predates the 1865 sinking of shipwrecked Brother Jonathan.
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Redmond, Anthony. "Identifying the Relevant Level of a Society in Australian Native Title Claims." Anthropological Forum 21, no. 3 (October 19, 2011): 287–305. http://dx.doi.org/10.1080/00664677.2011.617714.
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Usher, Peter J., Frank J. Tough, and Robert M. Galois. "Reclaiming the land: aboriginal title, treaty rights and land claims in Canada." Applied Geography 12, no. 2 (April 1992): 109–32. http://dx.doi.org/10.1016/0143-6228(92)90002-5.
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Campfens, Evelien. "Whose Cultural Objects? Introducing Heritage Title for Cross-Border Cultural Property Claims." Netherlands International Law Review 67, no. 2 (August 27, 2020): 257–95. http://dx.doi.org/10.1007/s40802-020-00174-3.
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Abstract Cultural objects have a special, protected, status because of their intangible ‘heritage’ value to people, as symbols of an identity. This has been so since the first days of international law and, today, there is an extensive legal framework to protect cultural objects and to prohibit looting. Despite this, for as long as demand exists and profits are high, cultural objects continue to be looted, smuggled and traded. At some point, their character tends to change from protected heritage in an original setting to valuable art and commodity in the hands of new possessors. In this new setting, the legal status of such objects most likely will be a matter of ownership and the private law regime in the country where they happen to end up. This article suggests that, irrespective of the acquired rights of others, original owners should still be able to rely on a ‘heritage title’ if there is a continuing cultural link. The term aims to capture the legal bond between cultural objects and people, distinct from ownership, and is informed by international cultural heritage and human rights law norms. The proposition is that, whilst ownership interests are accounted for in national private law, legal tools are lacking to address heritage interests and identity values that are acknowledged in international law. Neither the existing legal framework for the art trade, based on the 1970 UNESCO Convention, nor regular ownership concepts appear particularly suited to solve title issues over contested cultural objects. The notion of ‘heritage title’ in a human rights law approach can act as a bridge in that regard.
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Geissler, Marie. "Contemporary Indigenous Australian Art and Native Title Land Claim." Arts 10, no. 2 (May 11, 2021): 32. http://dx.doi.org/10.3390/arts10020032.
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This paper investigates a select number of examples in which largely non-literate First Nation peoples of Australia, like some First Nations peoples around the world, when faced with a judicial challenge to present evidence in court to support their land title claim, have drawn on their cultural materials as supporting evidence. Specifically, the text highlights the effective agency of indigenous visual expression as a communication tool within the Australian legal system. Further, it evaluates this history within an indigenous Australian art context, instancing where of visual art, including drawings and paintings, has been successfully used to support the main evidence in native title land claims. The focus is on three case studies, each differentiated by its distinct medium, commonly used in indigenous contemporary art—namely, ink/watercolours on paper, (Case study 1—the Mabo drawings of 1992), acrylics on canvas (Case study 2—the Ngurrara 11 canvas 1997) and ochre on bark, (Case study 3—The Saltwater Bark Collection 1997 (onwards)). The differentiation in the stylistic character of these visual presentations is evaluated within the context of being either a non-indigenous tradition (e.g., represented as European-like diagrams or sketches to detail areas and boundaries of the claim sites in question) or by an indigenous expressive context (e.g., the evidence of the claim is presented using traditionally inspired indigenous symbols relating to the claimant’s lands. These latter images are adaptations of the secret sacred symbols used in ceremonies and painting, but expressed in a form that complies with traditional protocols protecting secret, sacred knowledge). The following text details how such visual presentations in the aforementioned cases were used and accepted as legitimate legal instruments, on which Australian courts based their legal determinations of the native land title.
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Hunt, M. W. "NATIVE TITLE AND ABORIGINAL HERITAGE ISSUES AFFECTING OIL AND GAS EXPLORATION AND PRODUCTION." APPEA Journal 41, no. 2 (2001): 115. http://dx.doi.org/10.1071/aj00061.
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This paper is principally concerned with native title issues as they affect oil and gas exploration and production. However, it also reviews Aboriginal heritage laws and practices because they have the potential to be just as disruptive to an expeditious exploration program or to the construction of a production facility as do native title claims.The paper focusses on onshore petroleum exploration and production because the right to negotiate under the Native Title Act (NTA) does not apply offshore. However, the paper does consider offshore because the NTA can still affect offshore petroleum explorers and producers; either because their area of interest could include an island within a State or Territory jurisdiction or because the facilities to treat the offshore oil and gas could be located onshore.The paper examines the key provisions of the NTA which are relevant to petroleum explorers and producers, principally the subject of tenure to ground. It considers the validity of already granted titles. It then examines the process of application for new titles.Although the NTA is the common source of problems throughout Australia, it is necessary for the paper to consider the situation in each State and Territory, since the titles are different and the government processes of dealing with native title issues differs in each jurisdiction.Although the focus of the paper is on how to cope with the right to negotiate, the paper considers some of the categories of future acts in respect of which the right to negotiate does not apply (specifically, procedures for infrastructure titles, renewals and extensions of titles, the expedited procedure, indigenous land use agreements, reserve land and approved exploration etc acts).The paper mentions the Federal Court decisions in the Miriuwung Gajerrong and Croker Island native title claims and ponders the options for the High Court in deciding the recent appeals.The paper’s conclusion is that a negotiated agreement is the only way to cope with native title issues. The contents of such an agreement are considered.
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Silva, Trinidad. "Textual Keys to Understand Socrates' Profession of Ignorance in the Apology (21a-23c)." Labyrinth 21, no. 2 (March 3, 2020): 154. http://dx.doi.org/10.25180/lj.v21i2.199.
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In the present paper I analyze some relevant textual keys of Plato's Apology (21a-23c) to show the many strands underlying Socrates' claims of ignorance. I advocate a position that seeks to reevaluate the use of epistemic lexica by considering other evidence, such as cultural and dramatic context, the use of hypothetical clauses, the comparative and the rhetoric of the pair real/apparent. From this approach, I hope to show that there are good reasons to interpret Socrates' claims of ignorance in the light of amiable irony, whereby the use of language and other literary devices create layers of meaning to express the full sense of Socratic wisdom for the audience without resorting to the charge of contradiction or insincerity. Against a position that reduces Socrates' message to the use of epistemic lexica to interpret it either by synonymy, equivocity or low/high cognitive grading, I propose to read Socrates' claims of ignorance, always in comparison to others' claim of wisdom, as a sort of cultural appropriation and revaluation of the traditional title σοφία/σοφός.
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Woodman, Gordon R. "Land Title Registration Without Prejudice: The Ghana Land Title Registration Law, 1986." Journal of African Law 31, no. 1-2 (1987): 119–35. http://dx.doi.org/10.1017/s0021855300009281.
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Professor Antony Allott's first studies of law in Africa were of Ghanaian land law. From an early date he has discussed issues of land title registration in Africa. It is therefore fitting in this celebratory number to note that Ghana, after many years of debate and delays, recently enacted a statute providing for the registration of interests in land throughout the country. It is planned that the Land Title Registration Law, 1986 (P.N.D.C.L. 152) (hereafter “the Law”) will be brought into operation in stages as areas are successively designated “registration districts”. It is expected to begin with Accra “and designated agricultural areas”, according to the Memorandum to the Law. When an area is so designated, the Chief Registrar of Lands will be obliged forthwith to call upon all persons claiming interests in land therein to present their claims. Those proven, after adjudication if necessary, will be registered, and the register will be conclusive. All subsequent changes in the holding of interests are to be effectuated through changes in the register. The Land Title Registration Regulations, 1986 (L.I. 1341) have already been made to provide in more detail for the procedures to be followed.This contribution attempts to provide a brief, critical summary of the central features of the Law. It considers these in the context of the historical development of Ghanaian land law, and contrasts them with features of certain other schemes which have been implemented or proposed.
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Szteinbok, Marina C. "Indirect Proof of Discriminatory Motive in Title VII Disparate Treatment Claims after "Aikens"." Columbia Law Review 88, no. 5 (June 1988): 1114. http://dx.doi.org/10.2307/1122701.
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Holzgrefe, J. L. "The origins of modern international relations theory." Review of International Studies 15, no. 1 (January 1989): 11–26. http://dx.doi.org/10.1017/s0260210500113051.
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‘Who is the founder of modern international relations theory?’ is a popular question and much ink has been spilt trying to answer it. JL C. Scott championed Vitoria's claim to the title; T. E. Holland, Gentili's; Hedley Bull, Grotius's. Whatever the merits of these and similar claims, they do little to explain the origins and evolution of modern international relations theory. They may describe pieces of the puzzle, but they do not, either individually or collectively, reassemble those pieces to reveal the nature of the whole development. It is the aim of this article to redress, in some small measure, this comparative neglect.
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Cavell, Janice. "Sector claims and counter-claims: Joseph Elzéar Bernier, the Canadian government, and Arctic sovereignty, 1898–1934." Polar Record 50, no. 3 (July 5, 2013): 293–310. http://dx.doi.org/10.1017/s0032247413000466.
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ABSTRACTMany writers have presented Joseph Elzéar Bernier (1852–1934) as a hero whose key role in establishing Canada's sovereignty over the Arctic islands was unjustly downplayed by the government he served. According to this view, the sector claim that Bernier made on 1 July 1909 is the true foundation of Canada's title to the archipelago. This article draws on government files to assess civil servants’ attitude to his sovereignty-related activities. It also describes the role played by James White, whose more sophisticated and effective sector concept predated Bernier's and served as the basis for the official sector claim made in June 1925. The evidence indicates that government officials in the 1920s were well justified in their doubts about Bernier's pretensions. However, even though they rejected his version of the sector theory and resented the campaign of self-glorification on which he embarked after his retirement, their personal relations with him were good, and they took considerable trouble to ensure what they considered to be an appropriate degree of recognition for him. The article therefore clarifies the differences between Bernier's rhetoric and reality, particularly with regard to the sector principle.
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Gullett, Carlos Ray. "Reverse Discrimination and Remedial Affirmative Action in Employment." Public Personnel Management 29, no. 1 (March 2000): 107–18. http://dx.doi.org/10.1177/009102600002900108.
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Public sector employers are governed by two standards in the design and application of voluntary remedial affirmative action plans: Title VII of the Civil Rights Act of 1964 (as amended) and the equal protection provisions of the Constitution. Since these plans are subject to challenge under reverse discrimination claims, they must be carefully designed to avoid vulnerability to such charges under either a statutory or constitutional claim. However, the Supreme Court has interpreted the legal acceptability of voluntary affirmative action differently under the statute than under the Constitution. Title VII allows a more permissive standard than does the 14th or 5th amendments. An analysis and comparison of Court rulings under both standards illustrate these differences. To avoid successful challenge of a voluntary remedial plan, a public employer must abide by the more conservative criteria of the Constitution. In so doing, some kinds of remedial action available to those in the private sector is barred to their public sector counterparts. Further Court rulings may clarify these apparent differences.
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Drößiger, H. "Dornröschen: Шиповничек или Спящая Красавица? Исследование перевода заглавий Часть 1 Теоретическое обоснование и лингвистические предпосылки для переводческого анализа (на английском языке)." Иностранные языки в высшей школе, no. 3(54) (December 18, 2020): 37–51. http://dx.doi.org/10.37724/rsu.2020.54.3.004.
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Titles of texts within the framework of humanities including linguistics and translation studies are observed and described by looking at their obvious features: namely, their syntactic structure, morphological forms and vocabulary. This article seeks to discuss theoretical foundations of a paratextual element called title and preconditions of its analysis within translation studies. For this reason, a most important precondition for a translational analysis of titles is the linguistic description of titles because without a clear comprehension how titles are linguistically constructed, what intralinguistic and extralinguistic functions they might fulfil, all endeavors to understand techniques of title translation will fail. Groundbreaking papers by Gérard Genette and Kathryn Batchelor on paratexts, Christiane Nord, Harald Weinrich and Regina Bouchehri on title description and translation, will allow to set a reliable theoretical foundation to research into titles. As the headline of this article claims, linguistic and translational title description will be conducted in the form of an in-depth research into titles of the Grimms’ Fairy Tales (GFT) and their translation from German into English by considering all the 201 canonized titles of the GFT, which in a pre-step of the intended investigation are compiled in a bilingual data base and systematically prepared for being described by linguistic and translational categories. paratext, title, functions of titles, linguistics of titles, Grimms’ Fairy Tales (GFT) В статье рассматриваются проблемы перевода заглавий художественных текстов исходя из их синтаксической структуры, морфологических особенностей и лексической семантики. В статье исследуются теоретические обоснования заглавия как паратекстуального элемента текста и предпосылки к анализу заглавий в рамках теории перевода. В этом плане важнейшей предпосылкой переводческого анализа заголовков является их лингвистическое описание, ибо, чтобы принять решение о переводе заглавий, необходимо четко уяснить их лингвистическую структуру, понять, какие внутриязыковые и экстралингвистические функции они призваны осуществлять. Новаторские исследования паратекста Жерара Женетта и Кэтрин Бэчелор, а также работы Кристиан Норд, Харальда Вайнриха и Регины Бушери по описанию и переводу названий художественных произведений позволяют предложить надежное теоретическое обоснование для переводческого исследования. Нет необходимости упоминать об опоре на терминологию из области грамматики, семантики, синтаксиса, лексикологии и фонологии. Лингвистическое и переводческое описание заглавий проводится на материале всестороннего исследования заглавий сказок из книги «Сказки братьев Гримм (сокращение “GFT” означает “Grimms’ Fairy Tales”) в оригинале и переводе названий сказок с немецкого на английский язык. Рассматриваются все канонизированные названия (всего 201), которые на предварительном этапе исследования собраны в двуязычной базе данных для последующей систематизации по лингвистическим и переводческим критериям.
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Hildebrand, Tyler. "Platonic Laws of Nature." Canadian Journal of Philosophy 50, no. 3 (November 29, 2019): 365–81. http://dx.doi.org/10.1017/can.2019.41.
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AbstractDavid Armstrong accepted the following three theses: universals are immanent, laws are relations between universals, and laws govern. Taken together, they form an attractive position, for they promise to explain regularities in nature—one of the most important desiderata for a theory of laws and properties—while remaining compatible with naturalism. However, I argue that the three theses are incompatible. The basic idea is that each thesis makes an explanatory claim, but the three claims can be shown to run in a problematic circle. I then consider which thesis we ought to reject (hint: see the title) and suggest some general lessons for the metaphysics of laws.
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Gilbert, Jérémie. "Historical Indigenous Peoples' Land Claims: A Comparative and International Approach to the Common Law Doctrine on Indigenous Title." International and Comparative Law Quarterly 56, no. 3 (July 2007): 583–611. http://dx.doi.org/10.1093/iclq/lei183.
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AbstractWithin common law systems a body of jurisprudence has developed according to which indigenous peoples' land rights have been recognized based upon historical patterns of use and occupancy and corresponding traditional land tenure. Looking at the emerging common law doctrine on aboriginal or native title, this article examines how legal institutions are building a theory on historical land claims through the recognition of indigenous laws deriving from prior occupation. The article analyses how the common law doctrine builds a bridge between past events and contemporary land claims. The aim of this article is to examine to what extent the common law doctrine proposes a potential model for the development of a legal theory on the issue of indigenous peoples' historical land claims. In doing so the article analyses how the common law doctrine compares with international law when dealing with historical arguments by focusing on issues of intertemporal law and extinguishment.
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Cleary, Paul. "Native title contestation in Western Australia's Pilbara region." International Journal for Crime, Justice and Social Democracy 3, no. 3 (December 1, 2014): 132–48. http://dx.doi.org/10.5204/ijcjsd.v3i3.182.
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The rights afforded to Indigenous Australians under the Native Title Act 1993 (NTA) are very limited and allow for undue coercion by corporate interests, contrary to the claims of many prominent authors in this field. Unlike the Commonwealth’s first land rights law, Aboriginal Lands Rights (Northern Territory) Act 1976 (ALRA) , the NTA does not offer a right of veto to Aboriginal parties; instead, they have a right to negotiate with developers, which has in practice meant very little leverage in negotiations for native title parties. And unlike ALRA, developers can deal with any Indigenous corporation, rather than land councils. These two factors have encouraged opportunistic conduct by some developers and led to vexatious litigation designed to break the resistance of native title parties, as demonstrated by the experience of Aboriginal corporations in the iron ore-rich Pilbara region of Western Australia.
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Muthama, Dennis Mbugua, Erin Tompkins, and Michael Barry. "Conflict between Indigenous land claims and registered title: case studies from Canada and Kenya." Geomatica 73, no. 1 (March 1, 2019): 15–27. http://dx.doi.org/10.1139/geomat-2018-0019.
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Two case narratives illustrate the difficulties in resolving historical land restitution in different contexts. Cases from Canada and Kenya illustrate how different land conflicts between Indigenous land rights and registered title may be addressed. In Canada, Williams Lake involved an Indigenous community with a long settlement history in the region with a claim going back to early European settlement. In Kenya, Waitiki Farm involved a post-colonial population established by local Indigenous and migrant groups. The Williams Lake decision resulted in a First Nations land claim being settled in the form of monetary compensation in a dedicated tribunal. The Waitiki Farm decision led to a negotiated settlement in which the owner was compensated financially, and the current residents who had occupied the land were awarded long-term leases. The two cases are illustrative of historical land restitution and identify enabling conditions for the effective functioning of land restitution mechanisms in different contexts.
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Denhez, Marc. "The Role of ‘Folk Law’ as Evidence of Historic Title in International Boundary Claims." Journal of Legal Pluralism and Unofficial Law 17, no. 23 (January 1985): 69–101. http://dx.doi.org/10.1080/07329113.1985.10756287.
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Kilcourse, Carl S. "Son of God, Brother of Jesus: Interpreting the Theological Claims of the Chinese Revolutionary Hong Xiuquan." Studies in World Christianity 20, no. 2 (August 2014): 124–44. http://dx.doi.org/10.3366/swc.2014.0082.
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This paper examines the theological claims of Hong Xiuquan (1814–64), the leader of the Taiping Rebellion (1850–64). Whilst various aspects of the Taipings' theology and religious culture were characterised by originality, the most unique – and, for many, shocking – feature of their new theological world-view was the belief that Hong was the second son of God and younger brother of Jesus. This belief, which was based on visions that Hong had experienced in 1837, provoked criticism and condemnation from Protestant missionaries who were in China at the time of the Taiping Rebellion. The first part of this paper discusses two particular interpretations of Hong's claims in the reports of those missionaries. The analysis reveals that the missionaries' orthodox lens caused them to misunderstand and misrepresent Hong's claim to be the second son of God. Moving beyond the critical interpretations of the missionaries, the second part of this paper examines the Taipings' specific discourses on the nature of the Heavenly Father and his relation to Jesus and Hong. By analysing Hong's claims within this wider (and previously ignored) theological framework, the paper supports a new interpretation that views the title second son of God not as evidence of the Taipings' heterodox character, but as an access point for understanding their localised doctrine of God.
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Jędrejek, Grzegorz. "DOPUSZCZALNOŚĆ ROSZCZEŃ UZUPEŁNIAJĄCYCH SKIEROWANYCH PRZECIWKO POSIADACZOM SŁUŻEBNOŚCI." Zeszyty Prawnicze 6, no. 2 (June 22, 2017): 155. http://dx.doi.org/10.21697/zp.2006.6.2.10.
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Admissibility of Complementary Claims of the Possessor of ServitudeSummaryAccording to art. 352 § 2 of the Civil Code the provisions of possessing an object apply correspondingly to possessing a servitude, including the provisions of so called complementary claims. In the author’s opinion, the owner is entitled to pursue complementary claims against the holder of the servitude only if deprived o f the control o f an object. The court should examine whether the owner was deprived of the object separately in every case. in the author’s view, the owner cannot pursue these claims in other instances of the disturbance of the right of the ownership. The jurisdiction and doctrine are consistent with regard to the criteria of establishing the owner’s remuneration for the object’s usage in case of the deprivation of the control thereof. Its amount should equal to that due from the object’s possessor having a legal title thereto.
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Gathii, James Thuo. "Geographical Hegelianism in Territorial Disputes Involving Non-European Land Relations: An Analysis of the Case Concerning Kasikili/Sedudu Island (Botswana/Namibia)." Leiden Journal of International Law 15, no. 3 (September 2002): 581–622. http://dx.doi.org/10.1017/s0922156502000274.
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This article reviews the case concerning Kasikili/Sedudu Island with reference to acquisition of title to territory under international law. It traces the ICJ's use of evidence of African use and occupation to establish territorial sovereignty in a European state. The tests adopted by the Court are based on Eurocentric assumptions that only the consent of European states is necessary to adjudicate nineteenth century claims of title to territory. International law still carries forward within it the colonial notion that treaties between colonial powers in the nineteenth century extinguished pre-existing title to territory based on African use and occupation. The decision gives probative value to economic intentions of colonizing powers and geographical and scientific evidence in determining title to the disputed island while Africa use and occupation of territory is sidelined. Africa is treated as an unconscious geographical entity – a feature referred to as geographical Hegelianism in this article.