Archive for the ‘law’ Category
P.G. McHugh, Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights (Oxford University Press, 2011). Aboriginal title represents one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. Overnight it changed the legal position of indigenous peoples. The common law doctrine gave sudden substance to the tribes’ [...]
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Aziz Rana, ‘Settlers and Immigrants in the Formation of American Law’, APSA 2011 Annual Meeting Paper. This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with [...]
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Sherene H. Razack, ‘Timely Deaths: Medicalizing the Deaths of Aboriginal People in Police Custody’, Law, Culture and the Humanities 7, 2 (2011) This article is part of a larger study of inquests into the deaths of Aboriginal people in custody. I suggest that the Aboriginal body is considered to be one that is already dead, [...]
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Sam Moyo, ‘Land concentration and accumulation after redistributive reform in post-settler Zimbabwe’, Review of African Political Economy 38, 128 (2011). Zimbabwe’s recent fast-track land reform was redistributive, but it retained significant enclaves of large-scale agro-industrial estates owned by transnational, domestic and state capital, despite unfulfilled popular and domestic elite demands for land. Such estates were [...]
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Making Settler Colonial Space: Perspectives on Race, Place and Identity (Palgrave UK, 2010) Edited by Tracey Banivanua Mar and Penelope Edmonds. To be launched by Patrick Wolfe. The new journal, settler colonial studies, introduced by Jane Carey and Lorenzo Veracini. When: Thursday 30th June, 5.00pm for a 5.30pm start Where: Gertrudes Brown Couch, 30 Gertrude [...]
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chris tomlins on aziz rana
Aziz Rana. The Two Faces of American Freedom. Cambridge: Harvard University Press, 2010. 432 pp. $29.95 (cloth), ISBN 978-0-674-04897-3. Reviewed by Christopher Tomlins (UC Irvine School of Law) Though passionate, Rana is idealistic, not angry. No hectoring ideologue, he is, rather, a true believer in the promise of American freedom. That might make him naïve, [...]
Filed under: Empire, law, Scholarship and insights, United States | Leave a Comment
Eve Darian-Smith, ‘Environmental Law and Native American Law’, Annual Review of Law and Social Science 6 (2010): This review seeks to engage two bodies of scholarship that have typically been analyzed as discrete areas of inquiry – environmental law and American Indian law. In the twenty-first century, native peoples’ involvement in environmental politics is becoming [...]
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Mark Finnane, ‘Settler Justice and Aboriginal Homicide in Late Colonial Australia’, Australian Historical Studies 42, 2 (2011). This article examines the hidden history of criminal justice in late colonial Australia by focussing on Aboriginal inter se offending. Most Aboriginal defendants appearing in late colonial criminal courts were prosecuted for violent crimes against other Aboriginal people. [...]
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Libby Connors,’Witness to Frontier Violence: An Aboriginal Boy before the Supreme Court’, Australian Historical Studies 42, 2 (2011). In October 1846 a ten-year-old Aboriginal boy witnessed a large scale Aboriginal attack on a station north of Brisbane. Although he survived the attack, the boy had the terrifying experience of observing the brutal killings of his [...]
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Arthur J. Ray, Telling It to the Judge: Taking Native History to Court (McGill-Queen’s Native and Northern Series #65, 2011). In 1973, the Supreme Court’s historic Calder decision on the Nisga’a community’s title suit in British Columbia launched the Native rights litigation era in Canada. Legal claims have raised questions with significant historical implications, such [...]
Filed under: Canada, law, Scholarship and insights | 1 Comment
