A Guide to Overseas Precedents of Relevance to Native Title

A Guide to Overseas Precedents of Relevance to Native Title

Author: Shaunnagh Dorsett

Publisher: Aboriginal Studies Press

Published: 1998

Total Pages: 300

ISBN-13: 9780855753375

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A comprehensive and easily understood analysis of comparative common law precedents from Canada, the United States and New Zealand that relates to native title and outlines the context in which these decisions were made and their possible applications to Australia.


Book Synopsis A Guide to Overseas Precedents of Relevance to Native Title by : Shaunnagh Dorsett

Download or read book A Guide to Overseas Precedents of Relevance to Native Title written by Shaunnagh Dorsett and published by Aboriginal Studies Press. This book was released on 1998 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and easily understood analysis of comparative common law precedents from Canada, the United States and New Zealand that relates to native title and outlines the context in which these decisions were made and their possible applications to Australia.


Making Indian Law

Making Indian Law

Author: Christian W. McMillen

Publisher: Yale University Press

Published: 2008-10-01

Total Pages: 305

ISBN-13: 0300135238

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In 1941, a groundbreaking U.S. Supreme Court decision changed the field of Indian law, setting off an intellectual and legal revolution that continues to reverberate around the world. This book tells for the first time the story of that case, United States, as Guardian of the Hualapai Indians of Arizona, v. Santa Fe Pacific Railroad Co., which ushered in a new way of writing Indian history to serve the law of land claims. Since 1941, the Hualapai case has travelled the globe. Wherever and whenever indigenous land claims are litigated, the shadow of the Hualapai case falls over the proceedings. Threatened by railroad claims and by an unsympathetic government in the post - World War I years, Hualapai activists launched a campaign to save their reservation, a campaign which had at its centre documenting the history of Hualapai land use. The book recounts how key individuals brought the case to the Supreme Court against great odds and highlights the central role of the Indians in formulating new understandings of native people, their property, and their past.


Book Synopsis Making Indian Law by : Christian W. McMillen

Download or read book Making Indian Law written by Christian W. McMillen and published by Yale University Press. This book was released on 2008-10-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1941, a groundbreaking U.S. Supreme Court decision changed the field of Indian law, setting off an intellectual and legal revolution that continues to reverberate around the world. This book tells for the first time the story of that case, United States, as Guardian of the Hualapai Indians of Arizona, v. Santa Fe Pacific Railroad Co., which ushered in a new way of writing Indian history to serve the law of land claims. Since 1941, the Hualapai case has travelled the globe. Wherever and whenever indigenous land claims are litigated, the shadow of the Hualapai case falls over the proceedings. Threatened by railroad claims and by an unsympathetic government in the post - World War I years, Hualapai activists launched a campaign to save their reservation, a campaign which had at its centre documenting the history of Hualapai land use. The book recounts how key individuals brought the case to the Supreme Court against great odds and highlights the central role of the Indians in formulating new understandings of native people, their property, and their past.


Modern Studies in Property Law - Volume 4

Modern Studies in Property Law - Volume 4

Author: Elizabeth Cooke

Publisher: Bloomsbury Publishing

Published: 2007-05-21

Total Pages: 372

ISBN-13: 1847314287

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This book is a collection of papers given at the sixth biennial conference at the University of Reading held in March 2006, and is the fourth in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.


Book Synopsis Modern Studies in Property Law - Volume 4 by : Elizabeth Cooke

Download or read book Modern Studies in Property Law - Volume 4 written by Elizabeth Cooke and published by Bloomsbury Publishing. This book was released on 2007-05-21 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of papers given at the sixth biennial conference at the University of Reading held in March 2006, and is the fourth in the series Modern Studies in Property Law. The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.


The Trouble with Tradition

The Trouble with Tradition

Author: Simon Young

Publisher: Federation Press

Published: 2008

Total Pages: 534

ISBN-13: 9781862876477

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This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.


Book Synopsis The Trouble with Tradition by : Simon Young

Download or read book The Trouble with Tradition written by Simon Young and published by Federation Press. This book was released on 2008 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a broad and detailed examination of the native title jurisprudence in the US, Canada, New Zealand and Australia, with a specific focus on the handling of Indigenous community changes in each country's case law.


Liberating the Will of Australia

Liberating the Will of Australia

Author: Geoffrey Burn

Publisher: Wipf and Stock Publishers

Published: 2020-08-03

Total Pages: 242

ISBN-13: 1725263823

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Why do many First People in Australia find themselves continually under siege? Why do many interventions fail to produce what was hoped for? Why is it that, when there have been many positive developments, at some deep level, nothing seems to have changed? Will the “Uluru Statement from the Heart” ensure the future security of the First Peoples in Australia? By developing strands from Christian theology, Liberating the Will of Australia answers these questions in a way that gets to the heart of the problem. It is shown that the way that the First Peoples were treated by the first European in-comers became an indelible part of what Australia currently is. This explains why harm is often done even when good is intended, and why some problems are too complex to solve. But that does not mean that we need to be stuck in the past: through deep repentance by the “Subsequent Peoples,” much more than an apology, we can take hold of the work of God to bring new things out of what is broken. Ultimately, this is profoundly hopeful. Although focusing on Australia, the theological tools developed can be applied in other colonial and post-colonial contexts.


Book Synopsis Liberating the Will of Australia by : Geoffrey Burn

Download or read book Liberating the Will of Australia written by Geoffrey Burn and published by Wipf and Stock Publishers. This book was released on 2020-08-03 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do many First People in Australia find themselves continually under siege? Why do many interventions fail to produce what was hoped for? Why is it that, when there have been many positive developments, at some deep level, nothing seems to have changed? Will the “Uluru Statement from the Heart” ensure the future security of the First Peoples in Australia? By developing strands from Christian theology, Liberating the Will of Australia answers these questions in a way that gets to the heart of the problem. It is shown that the way that the First Peoples were treated by the first European in-comers became an indelible part of what Australia currently is. This explains why harm is often done even when good is intended, and why some problems are too complex to solve. But that does not mean that we need to be stuck in the past: through deep repentance by the “Subsequent Peoples,” much more than an apology, we can take hold of the work of God to bring new things out of what is broken. Ultimately, this is profoundly hopeful. Although focusing on Australia, the theological tools developed can be applied in other colonial and post-colonial contexts.


Honour Among Nations?

Honour Among Nations?

Author: Marcia Langton

Publisher: Academic Monographs

Published: 2004

Total Pages: 370

ISBN-13: 0522851061

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This important collection emerges from the growing academic and public policy interest in the area of Indigenous peoples, treaties and agreements andndash; challenging readers to engage with the idea of treaty and agreement making in changing political and legal landscapes. Honour Among Nations? contains contributions from both Indigenous and non-Indigenous authors from Australia, New Zealand and North America including Marcia Langton, Gillian Triggs, Joe Williams, Paul Chartrand and Noel Pearson. It features a preface by Sir Anthony Mason. This book covers topics as diverse as treaty and agreement making in Australia, New Zealand and British Columbia; land, the law, political rights and Indigenous peoples; maritime agreements; health; governance and jurisdiction; race discrimination in Australia; the Timor Sea Treaty; copyright and intellectual property issues for Aboriginal and Torres Strait Islander authors. Honour Among Nations? makes a significant contribution to international debates on Indigenous peoples' rights, treaties and agreement making.


Book Synopsis Honour Among Nations? by : Marcia Langton

Download or read book Honour Among Nations? written by Marcia Langton and published by Academic Monographs. This book was released on 2004 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important collection emerges from the growing academic and public policy interest in the area of Indigenous peoples, treaties and agreements andndash; challenging readers to engage with the idea of treaty and agreement making in changing political and legal landscapes. Honour Among Nations? contains contributions from both Indigenous and non-Indigenous authors from Australia, New Zealand and North America including Marcia Langton, Gillian Triggs, Joe Williams, Paul Chartrand and Noel Pearson. It features a preface by Sir Anthony Mason. This book covers topics as diverse as treaty and agreement making in Australia, New Zealand and British Columbia; land, the law, political rights and Indigenous peoples; maritime agreements; health; governance and jurisdiction; race discrimination in Australia; the Timor Sea Treaty; copyright and intellectual property issues for Aboriginal and Torres Strait Islander authors. Honour Among Nations? makes a significant contribution to international debates on Indigenous peoples' rights, treaties and agreement making.


Aboriginal Title and Indigenous Peoples

Aboriginal Title and Indigenous Peoples

Author: Louis A. Knafla

Publisher: UBC Press

Published: 2011-01-01

Total Pages: 280

ISBN-13: 0774859296

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Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.


Book Synopsis Aboriginal Title and Indigenous Peoples by : Louis A. Knafla

Download or read book Aboriginal Title and Indigenous Peoples written by Louis A. Knafla and published by UBC Press. This book was released on 2011-01-01 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.


Settling with Indigenous People

Settling with Indigenous People

Author: Marcia Langton

Publisher: Federation Press

Published: 2006

Total Pages: 324

ISBN-13: 9781862876187

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Settling with Indigenous People describes the making of ten contemporary, mostly Australian, local and regional agreements and details the avenues through which such agreements can be implemented and sustained.The Australian regional agreements concern South West Australia, the Murray-Darling Basin, and Cape York. There is a chapter about the return of the Maralinga lands to its traditional owners and one detailing two local government agreements in central and southwest Australia. Urban agreements in Darwin and Vancouver are compared and there are also chapters on the North West Territories and Northern Quebec in Canada and the Ngai Tahu in the South Island of New Zealand.The discussion addresses:governance and leadershipnegotiation strategies, including the role of formal negotiating frameworksthe importance of process and outcomethe crucial impact of politics and timingthe significance of private sector engagementimplementation mechanismsThe chapters show how agreement-making has provided a forum in which indigenous groups can negotiate their needs and aspirations, including fundamental issues of recognition, inclusion and economic opportunity.The authors include indigenous and non-indigenous academics, and others who have been involved in negotiating agreements.


Book Synopsis Settling with Indigenous People by : Marcia Langton

Download or read book Settling with Indigenous People written by Marcia Langton and published by Federation Press. This book was released on 2006 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Settling with Indigenous People describes the making of ten contemporary, mostly Australian, local and regional agreements and details the avenues through which such agreements can be implemented and sustained.The Australian regional agreements concern South West Australia, the Murray-Darling Basin, and Cape York. There is a chapter about the return of the Maralinga lands to its traditional owners and one detailing two local government agreements in central and southwest Australia. Urban agreements in Darwin and Vancouver are compared and there are also chapters on the North West Territories and Northern Quebec in Canada and the Ngai Tahu in the South Island of New Zealand.The discussion addresses:governance and leadershipnegotiation strategies, including the role of formal negotiating frameworksthe importance of process and outcomethe crucial impact of politics and timingthe significance of private sector engagementimplementation mechanismsThe chapters show how agreement-making has provided a forum in which indigenous groups can negotiate their needs and aspirations, including fundamental issues of recognition, inclusion and economic opportunity.The authors include indigenous and non-indigenous academics, and others who have been involved in negotiating agreements.


Judging Democracy

Judging Democracy

Author: Haig Patapan

Publisher: Cambridge University Press

Published: 2000-08-31

Total Pages: 230

ISBN-13: 9780521774284

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The High Court is taking an increasingly important role in shaping the contours of democracy in Australia. In deciding fundamental democratic questions, does the Court pursue a consistent and overarching democratic vision? Or are its decisions essentially constrained by institutional and practical limitations? Judging Democracy, first published in 2000, addresses this question by examining the Court's recent decisions on human rights, citizenship, native title and separation of powers. It represents the first major political and legal examination of the Court's new jurisprudence and the way it is influencing democracy and the institutions of governance in Australia. A foreword to the book has been written by the former Chief Justice of the High Court, Sir Anthony Mason.


Book Synopsis Judging Democracy by : Haig Patapan

Download or read book Judging Democracy written by Haig Patapan and published by Cambridge University Press. This book was released on 2000-08-31 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The High Court is taking an increasingly important role in shaping the contours of democracy in Australia. In deciding fundamental democratic questions, does the Court pursue a consistent and overarching democratic vision? Or are its decisions essentially constrained by institutional and practical limitations? Judging Democracy, first published in 2000, addresses this question by examining the Court's recent decisions on human rights, citizenship, native title and separation of powers. It represents the first major political and legal examination of the Court's new jurisprudence and the way it is influencing democracy and the institutions of governance in Australia. A foreword to the book has been written by the former Chief Justice of the High Court, Sir Anthony Mason.


Comparative Perspectives on Communal Lands and Individual Ownership

Comparative Perspectives on Communal Lands and Individual Ownership

Author: Lee Godden

Publisher: Routledge

Published: 2010-02-26

Total Pages: 417

ISBN-13: 1136946020

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A collection of critical debates, analyses and evaluations of changing models of property as the vehicle governing access to land and resources.


Book Synopsis Comparative Perspectives on Communal Lands and Individual Ownership by : Lee Godden

Download or read book Comparative Perspectives on Communal Lands and Individual Ownership written by Lee Godden and published by Routledge. This book was released on 2010-02-26 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of critical debates, analyses and evaluations of changing models of property as the vehicle governing access to land and resources.