Archive for the ‘law’ Category
Allan Greer, ‘Commons and Enclosure in North America’, American Historical Review 117, 2 (2012). Opening paragraphs: What were the broad processes by which settlers of European stock created new forms of tenure and wrested control of lands from indigenous peoples, first in the Americas and later across wide stretches of Africa and Oceania? Anyone interested [...]
Filed under: Canada, Empire, law, Scholarship and insights, United States | Leave a Comment
David McCallum, ‘Liberal Forms of Governing Australian Indigenous Peoples’, Journal of Law and Society 38, 4 (2011) This article considers three different historical events from the point of view of their connections to aspects of the history of liberal political reason: the actions of the British in New South Wales in the early nineteenth century [...]
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International Journal on Human Rights 16, 1 (2012). Special Issue: Indigenous Peoples’ Rights: New Perspectives. TOC: Mauro Barelli: ‘Free, prior and informed consent in the aftermath of the UN Declaration on the Rights of Indigenous Peoples: developments and challenges ahead’. Marco Odello: ‘Indigenous peoples’ rights and cultural identity in the inter-American context’. Kristin Hausler: ‘Indigenous [...]
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Saliha Belmessous, ed., Native Claims: Indigenous Law against Empire (New York and Oxford: OUP, 2011). This groundbreaking collection of essays shows that, from the moment European expansion commenced through to the twentieth century, indigenous peoples from America, Africa, Australia and New Zealand drafted legal strategies to contest dispossession. The story of indigenous resistance to European [...]
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International Journal on Minority and Group Rights 18, 4 (2011). Special Issue: Contrasted Perspectives on Recognition and Implementation of Indigenous Rights. Ndahinda, Felix. ‘Contrasted Perspectives on Recognition and Implementation of Indigenous Rights’. Swepston, Lee. ‘Discrimination, Indigenous and Tribal Peoples, and Social Indicators’ Courtis, Christian. ‘Notes on the Implementation by Latin American Courts of the ILO [...]
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Stumbled across this today, fresh of the press at the William & Mary Quarterly. Each contribution is available for free here. Critical Forum. Tomlins, Freedom Bound: Law, Labor, and Civic Identity in Colonizing English America, 1580–1865 Julia Adams, ‘Clear, Hold, Build: Patriarchy and Sovereignty in the Colonization of Early English America’. Tamar Herzog and Richard [...]
Filed under: Empire, law, Scholarship and insights, Sovereignty, United States | 1 Comment
Lesley Erickson, Westward Bound: Sex, Violence, the Law, and the Making of a Settler Society (UBC Press/Osgoode Society 2011). In the late nineteenth century, European expansionism found one of its last homes in the North American West. While the settlement of the American West was renowned for its lawlessness, the Canadian Prairies enjoyed a tamer [...]
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david clark on comparative law
David S. Clark, ‘Comparative Law in Colonial British America’, American Journal of Comparative Law 59, 3 (2011). American comparatists are unfamiliar with thinking about Roman, civil, and canon law influence on colonial British American laws and legal institutions or about American colonial lawyers using Roman and civil law examples in their legal argument or reform [...]
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Michael C. Blumm, ‘Why Aboriginal Title is a Fee Simple Absolute’, Lewis & Clark Law Review, 2011. The Supreme Court’s 1823 decision in Johnson v. M’Intosh is a foundation case in both Indian Law and American Property Law. But the case is one of the most misunderstood decisions in Anglo-American law. Often cited for the [...]
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scs 2, 1 (2011) out now
check it out here.
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