Archive for the ‘law’ Category
As many of you will know, in Johnson v. McIntosh (1823), Chief Justice John Marshall declares the sovereignty of the United States government over American Indian property. According to Marshall, the government had inherited this dominion from Great Britain, which had acquired it through the doctrine of “discovery.” The case granted American Indians a “right […]
Filed under: law, Scholarship and insights, United States | Closed
Ngati Porou’s chief negotiator is going to Australia to get iwi there to vote on a unique Treaty settlement which he says would set the record straight for the iwi which has had to battle against the label of “kupapa” – or traitors – for fighting alongside the Crown in the land wars in 1865. […]
Filed under: law, New Zealand, Political developments | Closed
Bess Nungarrayi Price, ‘We need to change our law’, Australian Review of Public Affairs Oct. 2010. My mother and father were born in the desert. They lived their childhood out of contact with whitefellas. They were terrified when they first saw a whitefella. They taught me the Old Law that our people lived by. That […]
Filed under: Australia, law, Scholarship and insights | Closed
An Imperial County Indian tribe has filed suit to stop a big solar project on which San Diego Gas & Electric is counting to get large amounts of green power. The Quechan Indian tribe filed suit in San Diego federal court Friday, seeking an injunction against the Imperial Valley Solar Project, one of the first […]
Filed under: law, United States | Closed
P. G. McHugh, ‘Sovereignty in Australasia: Comparatively Different Histories’, Legal History 13 (2009) No abstract; snipping here: The historiography of the Neglected Tribal Sovereigns and Missed Opportunity seeks to put Australian history onto an axis of what I will be calling competitive autonomies. This, as I explain below, is a history of the sovereign-self narrated […]
Filed under: Australia, law, New Zealand, Scholarship and insights, Sovereignty | Closed
Robert Foster and Amanda Nettelbeck, ‘THE RULE OF LAW ON THE SOUTH AUSTRALIAN FRONTIER’, Legal History 13 (2009): In the 1830s the British Colonial Office insisted that Aboriginal people be regarded as British Subjects in the hope that the ‘rule of law’ would provide them with protection against the excesses of the settlers. This paper […]
Filed under: Australia, law, Scholarship and insights, United States | Closed
Just got word of a forthcoming conference via Legal History Blog: Colonies and Postcolonies of Law, Princeton, March 18 2011. The conference addresses the centrality of law in the construction of colonial rule. We aim to examine how colonial law emerged as colonialists interacted with diverse populations in the colonies. The study of the relationship […]
Filed under: law | Closed
This case was a bit special. The U.S. Department of Agriculture (USDA) short-changed some Native Americans; Native Americans finally secure compo (and more). This was a hard fought case, not about land or resource rights, but about a bureaucratic fluff up, which ignored the many obstacles — pertaining to capitalist agriculture — that stand before […]
Filed under: law, United States | Closed
Former ATSIC deputy chairman Ray Robinson is spearheading legal action in the Brisbane District court next week. He says he will be arguing the Howard government acted illegally by abolishing ATSIC. “A number of members of the board of commissioners are challenging the validity of the winding up of ATSIC,” he said. “I am challenging […]
Filed under: Australia, law | Closed
Queensland criminal law was essentially English law with some local modifications, but its chief distinction from the latter was that it was largely administered by Queenslanders. While their legal definitions might be the same, crimes were often understood differently in late-nineteenth-century Queensland and England; some, like sheep-stealing, were seen as more heinous in the former; […]
Filed under: Australia, Empire, law, Quote, Scholarship and insights | Closed
settler colonial studies blog 