Archive for the ‘law’ Category

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 […]


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, […]


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 […]


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. […]


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 […]


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 […]


Jay Hammond, ‘Speaking Of Opium: Discursive Formations in Empire’. M.A. Thesis Dissertation (Columbia University Department of Anthropology, May 2011). This thesis traces the social life of opium starting from the history of British colonialism in the eighteenth and nineteenth centuries on to settler colonialism in the United States (with frequent comparisons to Australia) at the […]


Matthew L. M. Fletcher and Peter S. Vicaire, ‘Indian Wars: Old and New’, Journal of Gender, Race and Justice, 15th Anniversary Symposium, “War On…The Fallout of Declaring War on Social Issues, Forthcoming This short paper analyzes American history from the modern “wars” on poverty, drugs, and terror from the perspective of American Indians and Indian […]


Gregory Ablavsky, ‘Making Indians “White”: The Judicial Abolition of Native Slavery in Revolutionary Virginia and its Racial Legacy’, University of Pennsylvania Law Review, 159, (2011). This article traces the history of a series of “freedom suits” brought by Virginia slaves between 1772 and 1806, in which the Supreme Court of Appeals of Virginia judicially abolished […]


Craig Bryan Yirush, ‘Claiming the New World: Empire, Law, and Indigenous Rights in the Mohegan Case, 1704–1743’, Law and History Review 29, 2 (2011). In 1773, with the empire on the brink of revolt, the Privy Council gave the final ruling in the case of the Mohegan Indians versus the colony of Connecticut. Thus ended […]