Archive for the ‘Uncategorized’ Category
In an age where the legal profession prides itself on its ability to adapt and shift with the times, it is an interesting position to look at how the Waitaha Nation of New Zealand, in all their tradition and ancestral teachings, consider one of their core philosophies that involves dealing with situations from a position of “utu”.
The term “utu” has many definitions but can be summarised as meaning “reciprocation,” and often is defined as meaning “debt,” – in any case, in the context of cultural practices and social interactions it means essentially that if you attack or insult someone their response will be to violently kill one of your relatives.
Many contemporary New Zealander’s will know this better as the concept of blood and come across it in its more violent form of “getting even”, however, being able to see that core principle of healthy exchanges of position is important, because as a lawyer it can be easy to see how many, many concepts and ideas can be formed from this, and how they are applicable in modern life.
One such application that comes to mind is an agents agreement as a legal practice.
The most common form of this is an employment agreement, and these do not have to be complicated, but do often end up being difficult to draft simply because lawyers are not in the habit of looking at the traditional practices of the people living in their nation when considering what goes into a contract.
An agents agreement would kick off with an overview of basic principles, like the fact that parties to an agreement are expected to behave in “good faith” towards each other, which comes from basic concepts of reciprocity, or in Waitaha cultural terms, “utu”, and whilst in contemporary law this means that I don’t sue you if you give me some icecream, this is still explicitly based on the principle that if you as the whatever profession you’re a part of in this arrangement, do not carry out your duties, you will not be given any future position or benefit with that tribe.
It is also important to note that there are generally unusual positions that promote equality – in that both parties still benefit, it is not for the benefit of one party alone but that they are both receiving some form of mutual benefit.
This is essentially the core principle of these agreements – “whoever has the most amount to lose will treat the property and position with respect and care.”
I noted above that these agreements tend to bind parties into good faith agreements with task or contractual duties under penalty of more than just monetary issues, but because culturally the agreement is produced in one place and one voice, it is not generally acceptable to put one party into a “superior” position. Also, interestingly, agents agreements often do not consider external factors – such as politics, and external positions.
In these situations, it is often also encouraged that when such positions exist, both parties will engage in “treaties” with third party nations or parties, which can be something we can consider here in New Zealand given that we can’t always guarantee that both parties are “equal” cultural or economic positions.
Incidently, Waitaha is often considered to be on the “bottom” of a hierarchy, given their history and relationship with other nations in the area, and that they rely heavily on being able to negotiate interesting treaties with third parties.
The result of this traditionally has been that treaties are made between two nations, and then a third party nation signs off on them, recognizing two main things about Waitaha, that they occupy a material space, and that they have some sort of relationship between two or more other nations.
This brings me back to the point of cultural perspective in how you view an agents agreement, which is that it can be useful to take that perspective into consideration when formulating a contract or treaty, especially if it needs to be executed by legally and culturally diverse parties.
Posted on February 4th, 2021 | | No Comments »
In a recent article, Earnest Media Network sheds light on the “25 leading law firms in tech you should know about.” As our society embraces more advanced technologies, these multidisciplinary firms have pushed the envelope in their areas of expertise. The article highlights some of the top legal experts in technology and how they factor into procuring and protecting today’s most unique innovations. Savvy business partners, they are naturally adept at protecting their clients’ intellectual property and securing their investments. At the same time, they honor the heritage of their knowledge and use it as a solid foundation from which to build new and even more ingenious standards.
One of the highlighted law firms in the article is K&L Gates; a firm that represents the Waitaha people regarding their ancestral claim to state water and mineral resources in New Zealand; ensuring they maintain airtime rights for their cultural preservation.
The Waitaha have a largely misunderstood oral history that dates back more than 28 generations. Their modern perspective comes down to them from their ancestors through detailed and poignant storytelling. Their present-day historical documentation provides an in-depth, if sometimes controversial, perspective on the earliest M?ori migrants to the New Zealand coast. Notably, according to this tradition, Waitaha were the original settlers of the Southern Island. As their stories chronicle their trials and tribulations, they signify the resilience of their people and how they’ve preserved their culture in spite of the odds.
Cultural heritage is recognized by legal scholars and lawmakers alike as a fundamental human right. Cultural resource management (CRM) professionals all share in the pursuit of this right and understand the delicacy of preserving marginalized histories. Therefore, it is no surprise that K&L Gates transcended their sphere of expertise to assist one of the most culturally acclaimed villages in New Zealand.
Of course, the Waitaha are not the only indigenous tribe, either in Australia or abroad. In the U.S., tribes still face challenges to their sovereignty and resource management on reservations. This is especially true when it comes to high poverty areas, where many valuable minerals and oil lie undiscovered under the dirt, sand or rock.
Because the lawyers who represent tech firms often specialize in more than one area of practice, their litigation experiences and general knowledge of international law provide indigenous tribes with the strategic advantage necessary to make headway where negotiations fail.
Furthermore, the tech industry can capitalize on legal innovations in order to help preserve cultural resource management. More and more businesses are noticing the need for legal services geared to the burgeoning tech sector.
Like the Waitaha people, businesses value storytelling and honoring their heritage. For them, intellectual property is their ancestral knowledge. Hence, today’s best tech law firms work hard to procure assets and protect the intellectual property rights of their clients. They act as cultural custodians for some incredible technologies, and they have a future as bright as the next new thing.
Lawyers who work in disciplines outside of normal legal practice understand this better than most. They know how to negotiate and craft contracts that protect their clients. Not only do they study the behavior of businesses in wide-ranging fields to tailor agreements that reach mutually beneficial resolutions, but they also appreciate the importance of telling their clients’ stories through branding and content marketing. Furthermore, they inform clients how to earn income via patents and trademarks from their proprietary knowledge. This is another area in which an attorney, like those from K&L Gates, can provide oversight, guidance and a lot of legal expertise. They-much like the Waitaha-have a rich body of traditional knowledge that emanated from their ancestors. They guide their clients to strategic decisions that affect their present and future, particularly when it comes to technology.
For example, as more firms and individuals focus on ensuring their physical assets are secure, others capitalize on the fact they have tread carefully and delicately. Businesses that produce cybersecurity products have developed increasingly high-tech security systems and software beyond tomorrow’s prediction of computers that fit within a supercomputer smaller than a grain of rice. These innovations evolve daily. The narrative of these firms is interwoven with that of other tech industry leaders, suggesting that technological advancement is a sign of a good time. Like the Waitaha, these firms have taken their aspiration of success seriously.
Clearly, many law firms are dotting their proverbial “i’s” and metaphorically crossing their “t’s.” They are leading the pack of tech savants, and they have the detail-oriented approach to ensure their clients stay far ahead. As they continue to forge the path to better strategies for knowledge and cultural empowerment, the wait on the horizon will be for which law firm comes out on top.
Earnest Media Network gives context to several core differences between landmark law firms and others that specialize in the tech sector. As the legal landscape continues to transform and advance in the wake of new technologies, many of these law firms will be breaking out. Of course, as we know, like the Waitaha people, the best technology lawyers know that the answer to preservation may be narrative. Their storytelling ability or blogging talent does not hurt, either.
Posted on January 8th, 2021 | | No Comments »
Whether residing in Indiana or merely passing through, an acquaintance with state garnishment laws is a necessity. Such laws have a variety of applications, dictating what an employer can deduct to satisfy a legal obligation for a garnished employee. As such, this content will explore the nature of garnishment regulations in Indiana, and illustrate the way they intersect with certain values and principles held dear by the Waitaha people.
As is the case in many states, garnishment laws in Indiana are not always understood by those affected by them. Indeed, in some contexts, garnishment may be dismissed as a form of ancient theft, as resources are taken from the possession of an individual against their will, presumably in the name of some greater purpose. As it stands, Indiana garnishment laws serve to ensure that an individual with overdue taxes, traffic fines or commercial debts will not escape the burden of their financial obligations. Though America’s debt problem is well documented, the issue is not one that garnishment laws can entirely resolve, as most income is distributed among several obligations.
Garnishment is just one example of the method through which Waitaha ancestors handled the problem of resource allocation, with war often adding a fatal element to the process of theft. Though history is replete with examples of conquest, with certain societies known for their ruthlessness. Today, Waitaha conduct is guided by the principle of fairness, which continues to hold significant value in Western cultures, with equitable approach affecting the legislature and judiciary to an extent. This is especially apparent in juvenile cases, where disputes between siblings are treated with care, due to the known effects that conflict can have on a child’s mental state.
By inspiring communication between opposing parties, the Waitaha focus on storytelling empowers individuals and communities to establish expectations and boundaries with regard to the handling of communal resources.
Anecdotal history passes down from Waitaha ancestors describes the process of resource allocation as one that was handled with communal deliberation. Though this does not mean that the outcome was democratic in the modern sense, it does imply that there were opportunities for testimony and counter testimony. Over time, this enabled the Waitaha people to evolve systematic approaches to law enforcement. Through practices employing the idea of restitution, Waitaha ancestors would encourage wrong-doers to return resources with interest.
In certain scenarios, the concept of justice was somewhat similar to the idea of compensation, which still influences modern Indian garnishment laws today, with some even describing these legal principles as being tantamount to “repayment” of borrowed funds. Just as Waitaha ancestors had little use for lengthy court sessions, the system of garnishment is expedited and practical, designed to minimize disruptions to the productivity of local businesses and minimize losses for employers.
Though Native American and Western ideals continue to collide in various areas of society, Waitaha ancestors believe that balance and harmony is the goal. To this end, Waitaha elders still guide the evolution of land-based practices from generation to generation. Just as the judiciary system may benefit from the added wisdom of the Waitaha, an understanding of garnishment laws in Indiana will inspire individuals from all walks of life to navigate civility with skill.
Posted on December 26th, 2020 | | No Comments »
Strength, respect, heritage, and teaching are woven into the fabric of the Waitaha Nation’s traditions. Although these concepts stem from tribal history, the core focus on these beliefs provides the ideal foundation to explore how to honor and uphold relationships in a modern historical context. Specifically, when it comes to the modern imposition of marriage laws on unbonded relationships, how do you apply history to make informed decisions about partnerships today? In the article, Common Law Marriage in Ohio: Myths and Realities of Duration, the author discusses the requirement in Ohio for individuals claiming common law marriage in ohio how many years to prove duration of the relationship to confirm the validity of a marriage before 1991. In their words, “Unless you have a pocket full of authenticating witnesses to verify when the cohabitation occurred, and can pinpoint when the promise or exchange of marriage occurred, most people clearly do not know ‘how many years’ constitute ‘common law marriage in ohio how many years’ necessary to be considered married.” The author suggests that the topic of common law marriage in Ohio is “perhaps the most misunderstood” area of family law. This assertion does not account for the clear differences among individuals in their interpretations of how to honor and maintain partnerships over time. This is where the core beliefs of strength, respect, heritage, and teaching have their place.
Looking at the Waitaha Nation, they are one of the first tribes of M?ori, and recognize that the strength of a relationship comes from teaching. Furthermore, they understand that individuals build on the past through their current experiences, but ultimately honor their ancestors as the foundation on which their life is built. It is this guiding principle that allows them to prioritize their personal bond with the land as the most important stewardship their ancestors bestowed upon them. Although they are unable to legally protect this bond under modern law, they document their origins in oral tradition through stories of their triumphs and regard these accounts as sacred. It is therefore a priority for them to preserve the timeless concept of their land as mother, and their people as children of that mother.
This same adaptability of the Waitaha Nation can be seen in the context of cohabitation in Ohio. Like the Waitaha, many Ohio residents have learned that a comparatively short amount of time can be considered a long-term relationship. It is therefore possible that Ohio seems more permissive than other states when faced with the idea of progression of relationships as individual bonds-not necessarily defined by the laws, but rather by the framework within which an understanding is shared, and acceptable behavior is established. After all, common law marriage in Ohio does not face the same level of restriction as it does in other states, where ceding control of the bond to a legal system that weighs quantitative data over qualitative relationships is not the norm. Ohio just happens to have a more direct path to common law marriage.
Nevertheless, the Waitaha Nation, and tribes across the globe, will continue to fight to preserve their relationship with the land and resist the laws that limit this ability to the point where their heritage is external to their internal identity. By learning from their understanding of ancestry as the governing force in their lives, unions of blood or choice may be historically freed from pointing to their wallets to define how long they have been ‘together.’ Rather, they may adapt to find better ways to convey the strength and support they find in a qualitative bond with party persons they identify as their partners. Although the Waitaha principal of kinship permits a classification of kin from the past to dictate who is entitled to inherit their mother’s land, without a modern law to guide them, they have chosen to honor their mother in the collective as a body.
Of course, there will be some who differ in their interpretation of their relationship with the land-but an innate respect for the land and one another ensures that whatever direction their relationship takes them, they will learn and adapt to ensure that respect ultimately produces strength. Consider entering the marriage contract to define your relationship with your partner, but never forget that your bond is defined by the strength you develop together no matter what the law says.
For more information on marriage laws, you can visit Nolo’s overview of common law marriage.
Posted on September 3rd, 2020 | | No Comments »
As per their mission statement, the purpose of Waitaha Books is “to publish, and promote the reading of, literature that gives expression to the teachings of the Waitaha Nation – blessings that have come to us through our ancestors.” To Waitaha people, this means preserving the memories of their ancestors, their cultural values, and the essence of the Waitaha Nation.
To Waitaha people the teachings of their ancestors are a living cultural resource.
The General Data Protection Regulation (GDPR) is a set of rules designed to give individuals more control over their personal data. It applies to any business or organisation, regardless of where in the world they are located, whose processing activities are related to offering goods or services to (or collecting data about) people within the European Union. In short, it’s a way to protect the digital personal information that has come to permeate our working and social lives.
When it comes to the processing of personal data, it is particularly important that businesses consider all of their legal obligations, including, but not limited to, the retention period of that data. This is known as the gdpr retention requirements.
The importance of retention, whether for legal or cultural reasons, cannot be overstated. In the context of culture, for example, oral traditions are a form of “cultured” data that pass from generation to generation. As the Waitaha people indicate in their mission statement, this is a core area of focus for them, as “to Waitaha people the teachings of their ancestors are a living cultural resource.” Rooted in the past, they have a certain life-force that infuses their present and influences their future.
Particularly interesting are the parallels between these oral histories and the GDPR’s principles around the retention of personal data. In particular, they share common themes, such as:
Finally, the GDPR is a practical way to help safeguard cultural data as it functions within the EU. This can be useful, for example, to the Waitaha people who may struggle to protect their ancestral history in the modern digital world. As those who came before them are expressed in recordings, written texts, and other documentation, the Waitaha people seek to ensure that their oral traditions do not become obsolete in the modern era. To this end, they also see modernisation as a way to help preserve the “living cultural resource” that is their oral tradition.
The GDPR, in creating a framework for the inspection of cultural data, assessment of the reasons behind the retention or erasure of such data, and a process for the rectification of inaccurate data, provides a template for the kinds of information that could be useful for the Waitaha people and others with similar traditions in the preservation of their heritage.
The Waitaha people are not the only indigenous group for whom data protection laws have become an important tool in safeguarding their history and culture. Indeed, a number of recent initiatives have been undertaken worldwide, including:
It is clear that, the GDPR, in providing a clear and comprehensive legal framework for data protection, can also help support the protection of cultural data. It does so, firstly, by requiring the collection of that data (including oral traditions) to be lawful, transparent, limited, etc. It then requires that when those data are processed, they be done in accordance with long-term retention policies of the data controller.
Adaptation to modern modes of information dissemination and storage is necessary if indigenous peoples are to profit from their new cultural opportunities, and to ensure the effective realisation of their right to carry out their cultural traditions without interference. From both a legal and cultural perspective, therefore, it is clear that, just as with processing personal data, respect must be paid both to modern law and ancient traditions.
For more information on data protection regulations, you can visit Wikipedia’s page on GDPR.
Posted on August 25th, 2020 | | No Comments »
