Archive for the ‘law’ Category

Ken MacMillan, ‘Benign and Benevolent Conquest?: The Ideology of Elizabethan Atlantic Expansion Revisited’, Early American Studies: An Interdisciplinary Journal 9, 1 (2011). This essay revisits the language of conquest in metropolitan writings advocating Elizabethan Atlantic expansion. It argues that contrary to the belligerent connotations scholars usually attach to the word conquest, in Elizabethan England it […]


The Aboriginal Areas Protection Authority has lost its Supreme Court appeal against a company that built a toilet on a sacred site, reports ABC News.


Damen Ward, ‘Legislation, Repugnancy and the Disallowance of Colonial Laws: The Legal Structure of Empire and Lloyd’s Case (1844)’, Victoria University of Wellington Law Review 41 (2010). Abstract: The imperial government had the ability to disallow New Zealand colonial ordinances that were “repugnant to the laws of England”. “Repugnancy” did not operate as a clear […]


via Indian Country Today President Barack Obama made major news during the second annual White House Tribal Nations Conference, announcing United States’ support for the U.N. Declaration on the Rights of Indigenous Peoples. “[A]s you know, in April, we announced that we were reviewing our position on the U.N. Declaration on the Rights of Indigenous […]


David Pimental, ‘Legal Pluralism and the Rule of Law: Can Indigenous Justice Survive?’, Harvard International Review (2010). Extract, in want of abstract: “Legal pluralism” describes the situation in which different legal systems co-exist in the same geographic area, and it is not unique to the Dakota Territory of the 1880s. We continue to see clashes […]


Audra Simpson, ‘Under The Sign Of Sovereignty: Certainty, Ambivalence, And Law In Native North America And Indigenous Australia’, Wicazo Sa Review 25, 2 (2010) In lieu of an abstract, here is a preview of the article. The notion of “sovereignty” is saturated with the certainty of jurisdictional and territorial authority over peoples and places. Yet […]


About 400 hectares of land at North Tuncurry will be developed for housing. The CEO of the Native Title Services Corporation, Warren Mundine, says hopefully this will be the first of similar agreements. “I think this is a good template that we can now take across the state of New South Wales,” he said. “We […]


Robert J. Miller, Jacinta Ruru, Larissa Behrendt and Tracey Lindberg, Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies (Oxford University Press, 2010) This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and […]


Kathryn Milun, The Political Uncommons: The Cross-Cultural Logic of the Global Commons (Ashgate  2011). In The Political Uncommons, Kathryn Milun presents a cultural history of the global commons: those domains, including the atmosphere, the oceans, the radio frequency spectrum, the earth’s biodiversity, and its outer space, designated by international law as belonging to no single […]


via Native American Legal Update The Government of Canada today formally endorsed the United Nations Declaration on the Rights of Indigenous Peoples. John McNee, Canada’s Ambassador to the United Nations, met with the President of the United Nations General Assembly to advise him of Canada’s official endorsement of the United Nations Declaration.