The civil and family law needs of Indigenous people in Victoria

This report identifies the most pressing legal needs of Indigenous Victorians, which involve housing, discrimination and debt.The report presents key findings and recommendations of research conducted in 2012- 2013 by the Indigenous Legal Needs Project (ILNP) in Victoria. The ILNP is a national project. Its aims are to:identify and analyse the legal needs of Indigenous communities in non-criminal areas of law (including discrimination, housing and tenancy, child protection, employment, credit and debt, wills and estates, and consumer-related matters); and provide an understanding of how legal service delivery might work more effectively to address identified civil and family law needs of Indigenous communities. ILNP research is intended to benefit Indigenous people by improving access to civil and family law justice

Economics and the new economy: the invisible hand meets creative destruction

In the 18th century, Adam Smith offered his theory of the invisible hand and the view that perfect competition is the main spur to economic efficiency. The theory of the invisible hand, as it has evolved in modern economic thought, treats creative activity as being outside the scope of economic theory. In the 20th century, Joseph Schumpeter offered an alternative perspective: creativity is an economic activity. He argued that a capitalist market system rewards change by allowing those who create new products and processes to capture some of the benefits of their creations in the form of short-term monopoly profits, a situation that promotes what Schumpeter called "creative destruction." What should the fundamental paradigm of economics be: creative destruction or the invisible hand? In this article, Leonard Nakamura offers some possible answers to this question.[Adobe Acrobat (.pdf)Economic development ; Productivity ; Wages

The Chronicle [September 18, 2000]

The Chronicle, September 18, 2000https://repository.stcloudstate.edu/chron/4448/thumbnail.jp

Spartan Daily, November 2, 2004

Volume 123, Issue 45https://scholarworks.sjsu.edu/spartandaily/10049/thumbnail.jp

Data Types, Data Doubts & Data Trusts

Data is not monolithic. Nonetheless, the word is frequently used indiscriminately—in reference to a number of distinct concepts. It may refer to information writ large, or specifically to personally identifiable information, discrete digital files, trade secrets, and even to sets of AI-generated content. Yet each of these types of “data” requires different governance regimes in commerce, in life, and in law. Despite this diversity, the singular concept of data trusts is promulgated as a solution to our collective data governance problems. Data trusts—meant to cover all of these types of data—are said to promote personal privacy, increase corporate transparency, facilitate the sharing of data, and even pave the way for the next generation of artificial intelligence. These anticipated benefits, however, require the body and flexibility of equitable trust law and its inherent fiduciary relationships for their fruition. Unfortunately, American trust law does not allow for the existence of such general data trusts. If anything, the judicial, academic, and legislative confusion regarding data rights—or data’s status as property— demonstrates that discussions of data trusts may be ignoring a key element. Without first determining whether (or what kind of) data can be recognized as a trust res (i.e., as trust property) under existing law, it may be premature to accept data trusts as the private law solution to data governance. If, on the other hand, the implementation of data trusts requires legislative intervention, its purported benefits must be analyzed in contrast to the myriad other new and evolving data governance frameworks that would similarly require legislation. By analyzing existing trust law and the difficulties of defining data rights, this essay highlights the urgent need to pursue doctrinally, legislatively, and technologically viable data governance strategies

Spartan Daily, February 14, 2000

Volume 114, Issue 12https://scholarworks.sjsu.edu/spartandaily/9509/thumbnail.jp

Micro-blogging Contesting Modernities: Producing and Remembering Public Events in Contemporary Chinese Social Media Platforms

How does journalism empower citizens through reporting and remembering news events, as they take shape in the era of social media in a society where the state power penetrates every aspect of social life and freedom of expression is not legally guaranteed? This inquiry is implemented through looking at the contemporary Chinese context, examining three sets of tensions that capture the characteristics of social media platforms: control/resistance, past/present, and global/local. It analyzes journalism and its reliance on collective memory in social media, by considering social media as an important venue where journalism interacts with other sets of discourses in a tradition of absolute state power. My study shows that in China, a society that enjoys a limited free flow of information, journalism uses social media platforms to mobilize symbolic resources for online activism targeting the Party-state system. These symbolic resources mainly derive from the past, both inside and beyond the Chinese context, leading to a debate of different versions of modernity in China. This is a study that spans three years along with the development of Sina Weibo (now Weibo), a micro-blogging service provided by Sina.com, one of the major Chinese portal websites. I argue that social media complicate the landscape of journalism, by taking a balancing position between market interests and political safety. In particular, micro-blogging has blurred the conventional distinction between professional and citizen journalism. Instead, the institutional and personal journalistic practices are working together contest censorship via social media platforms. Social media opens up spaces for journalists and ordinary citizens to rewrite history, and to use various resources provided by the past to criticize the present Party-state system and struggle for journalistic freedom. The global-local exchange of news and memory via social media platforms brings about a new version of Chinese identity, competing with the version promoted by the Party-state in contemporary social transition, and urging a thorough political reform to reach the goal of a civilized nation. Social media, as shown in the case of Weibo, reflect the conflicting views of China\u27s route to modernity--the debate between Chinese characteristics and universal values, which produces the meanings of a modern Chinese nation and raises the relevance of citizenship. This conflict is situated in the complexities of historical and contemporary social transitions and China\u27s dilemma in the embracing of a global world

The Global History of Corporate Governance: An Introduction

This paper presents a synopsis of recent NBER studies of the history of corporate governance in Canada, China, France, Germany, Japan, India, Italy, the Netherlands, Sweden, the United Kingdom, and the United States. Together, the studies underscore the importance of path dependence, often as far back into preindustrial period; legal system origin, though in a more nuanced form than mere statutory shareholder rights; and wealthy families. They also clarify the roles of ideologies, business groups, trust, institutional transplants, and politics in institutional evolution and financial development. Other themes are the universality of business insiders' investments in, entrenchment, and a possible behavioral basis for this.