Archive for the ‘law’ Category

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 […]


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 […]


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 […]


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 […]


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 […]


check it out here.


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’ […]


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 […]


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, […]


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 […]