Canadian Contributions to Social Reproduction Feminism, Race and Embodied Labor

Recent methodological advances in Canadian Social Reproduction Feminism foreground labor as a foundational concept of social theory and, as a result, address the structuralist bias critics of the paradigm have identified, while still grounding theory in a comprehensive analysis that accounts for specifically capitalist relations. Yet, to fully address issues of racialization, this broad and dynamic concept of labor needs to be extended and complexified. Along with accounting for the sex-gender dimensions of labor, we need also to attend to its socio-spatial aspects. In other words, it’s not just what we do to reproduce society, but where we do it that counts in an imperial capitalist world. And Social Reproduction Feminism, with its expansive definition of labor and its comprehensive focus on the full spectrum of practical activity, is uniquely positioned to accommodate such complexity without forfeiting attentiveness to social relations of class and/or capitalism. It has the potential, therefore, to provide intersectional analyses with a methodology that brings “both capitalism and class back into the discussion.

Review: The nature of wishing

Review of the dance: The Nature of Wishing

The seven servants of Ham: Labourer’s letters from Wellington in the New Zealand Journal, 1840-1845

Several years ago David Fitzpatrick noted that ‘the materials of family history’ had assumed increasing importance in studies of immigration. ‘[O]ld photographs, diaries and letters’, combined with genealogical methods, allow historians to ‘reconstitute the personal stories’ of migrants. A number of New Zealand historians have done just that. Raewyn Dalziel’s research on 1840s immigrants to New Plymouth involved genealogical techniques. Rollo Arnold’s Farthest Promised Land traced ‘ordinary people whose family traditions are rooted in the English villages’. More recently, Jock Phillips and Terry Hearn have drawn on ‘family histories collected by members of the New Zealand Society of Genealogists’. Of the many forms of private documents used in studies of colonial immigration, used letters have perhaps proved of greatest interest. In 1972 Charlotte Erickson’s book of English–American correspondence demonstrated the contribution letters could make to studies of ‘the process of migration and the impact of this experience upon the migrant himself’. Angela McCarthy described letters as a fascinating ‘source for exploring New Zealand history’ and used them to draw attention to ‘the critical importance of kin and neighbourhood connections’ of Irish migrants to New Zealand. Similarly, Frances Porter and Charlotte Macdonald have used extracts from early immigrants’ letters to identify women’s experiences of ‘unsettlement’ and ‘destabilisation’

Art Deaccessions and the Limits of Fiduciary Duty

Art deaccessions prompt lawsuits against museums, and some commentators advocate using the stricter trust standard of care, instead of the prevailing corporate standard (business judgment rule), to evaluate the conduct of non‑profit museum boards. This Article explores the consequences of adopting the trust standard by applying it to previously unavailable deaccession policies of prominent art museums. It finds that so long as museum boards adhere to these policies, their decisions would satisfy the trust standard. This outcome illustrates an important limitation of fiduciary law: the trust standard evaluates procedural care but cannot assess deaccessions on their merits. Yet this limitation, far from undercutting the trust rule, balances judicial review with protecting boards’ management discretion. This Article ventures beyond formalist analysis of fiduciary duty and examines the non‑legal, substantive rules governing art deaccessions. It argues that complemented by non‑legal rules, the trust standard provides the best framework for adjudicating deaccession lawsuits because it ensures judicial scrutiny of deaccession procedures while leaving appraisal of deaccessions’ merits to museum professionals and the public they serve. Sue Chen J.D. Duke Law School \u270

The family trust in New Zealand and the claims of ‘Unwelcome Beneficiaries’

In June 2009, at the Transcontinental Trusts conference in Geneva, His Honour Justice David Hayton said that the New Zealand Court of Appeal had got aspects of the law of trusts wrong in its decision in Official Assignee v Wilson [2008] 3 NZLR 45. The Court held that the test for proving a trust was a sham was whether the trustees and settlor had a common intention that the trust was not to be a genuine entitiy. Hayton prefers a more objective approach and looks to the objective effect of a shammer’s conduct and not look for secret dishonest intentions which will hardly ever be revealed. Hayton’s approach would ensure that trust property would be made available to creditors so that they were paid what they were due by declaring the trusts to be shams. Family trusts have become big business in New Zealand and are commonly used to protect a businessman’s assets from creditors. While there is nothing illegal in setting up a family trust, it is my contention that the law pertaining to family trusts in New Zealand has become so far removed from the accepted principles of equity as to demand investigation. This paper explores the origins of equity and compares the modern family trust against the equitable principles which have been developed over hundreds of years, even as far back as Plato’s Greece. The paper links the equity of Ancient Greece to Cicero in Rome, through the early Roman Church to the Chancellors serving English Kings. The law of England leads to the law of modern New Zealand. The paper goes on to examine the way the family trust has been used to defeat the legitimate claims of creditors. I aim to show that the approach taken by the New Zealand Court of Appeal is too narrow and favours the ‘shamming’ settlor at the expense of creditors who have given good consideration in comparison with volunteer beneficiaries. Moreover the family trust has become a mechanism that bears little relationship to recognised equitable principles and should lose the protection accorded to properly constituted trusts

A Pacific Island story

Neil Ieremia, artistic director of Black Grace, has gone back to his Samoan roots for inspiration for the new full length work ‘Gathering Clouds’

Female entrepreneurs : are they really any different?

School of Managemen