Archive for the ‘law’ Category
Shaunnagh Dorsett and Ian Hunter, ed., Law and Politics in British Colonial Thought: Transpositions of Empire (Palgrave Macmillan, 2010) A collection that focuses on the role of European law in colonial contexts and engages with recent treatments of this theme in known works written largely from within the framework of postcolonial studies, which implicitly discuss […]
Filed under: Australia, Canada, Empire, law, New Zealand, Scholarship and insights, Sovereignty, United States | Closed
Brett Shadle, ‘White settlers and the law in early colonial Kenya’, Journal of Eastern African Studies 4, 3 (2010) Abstract: This article examines settler attitudes toward the law and the legal system in early colonial Kenya. Settlers believed that English law was the culmination of centuries of evolution and was unsurpassed for its justice and […]
Filed under: Africa, law, Scholarship and insights | Closed
Rhonda V. Magee, ‘Slavery as Immigration?’, University of San Francisco Law Review 44, 2 (2009) Abstract: In this essay, the author argues that transatlantic slavery was, in significant part, an immigration system of a particularly pernicious sort – a system of forced migration immigration aimed at fulfilling the nascent country’s needs for a controllable labor […]
Filed under: law, Scholarship and insights, United States | Closed
Renisa Mawani, ‘”Half-breeds,” racial opacity, and geographies of crime: law’s search for the “original” Indian’, Cultural Geographies October 17, 4 (2010 ) Abstract: Discussions of hybridity have proliferated in cultural geography and in social and cultural theory. What has often been missing from these accounts are the ways in which mixed-race identities have been forged, […]
Filed under: Canada, law, Scholarship and insights | Closed
Ethan Davis, ‘An Administrative Trail of Tears: Indian Removal’, American Journal of Legal History 50 (2010). Abstract In the early nineteenth century, the federal government uprooted the so-called five “Civilized Tribes” of the South and sent them westward to modern day Oklahoma. This article rediscovers the long-forgotten administrative system that guided the removal of one […]
Filed under: law, Scholarship and insights, United States | Closed
Carolyn B. Ramsey, ‘Domestic Violence and State Intervention in the American West and Australia, 1860-1930’, Indiana Law Journal 86 (2011) Abstract: This article calls into question stereotypical assumptions about the presumed lack of state intervention in the family and the patriarchal violence of Anglo-American frontier societies in the late nineteenth and early twentieth centuries. By […]
Filed under: Australia, law, Scholarship and insights, United States | Closed
Matthew L. M. Fletcher, ‘Consent and Resistance: The Modern Struggle between American Indian Tribes and the United States’, MSU Legal Studies Research Paper No. 08-16 (2010) Abstract After a few years of late 19th century confusion, the United States Supreme Court held definitively in 1898 that the United States Constitution does not bind Indian tribes. […]
Filed under: law, Scholarship and insights, United States | Closed
Stephen Allen and Alexandra Xanthaki (ed.), Reflections on the UN Declaration on the Rights of Indigenous Peoples (Oxford: Hart Publishing, 2010) The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the […]
Filed under: Africa, Australia, Canada, Hawaii, Latin America, law, New Zealand, Pacific, Scholarship and insights, Southern Africa, United States | Closed
Julie Evans, ‘Where Lawlessness Is Law: The Settler-Colonial Frontier As a Legal Space of Violence ‘, Australian Feminist Law Journal 30 (2009), 3-22. Part of the introduction: In understanding international law as a key legitimating discourse of colonialism, this paper argues the need to view settler-colonial frontiers within a conceptual field that directs as much […]
Filed under: Australia, law, Scholarship and insights, Sovereignty | Closed
settler colonial studies blog 