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Intergenerational Land Conflict In Northern Uganda: Children, Customary Law And Return Migration, Sandra F. Joireman
Intergenerational Land Conflict In Northern Uganda: Children, Customary Law And Return Migration, Sandra F. Joireman
Political Science Faculty Publications
Northern Uganda is in transition after the conflict that ended in 2006. While its cities are thriving and economic opportunities abound, the social institutions governing land access are contested, the land administration system is changing, and the mechanisms available to address conflicts over resources have themselves become a venue for authority claims. This article examines the intergenerational nature of land conflicts in northern Uganda, focusing on the interplay of customary law, return migration and the development of a market in land. There are three contributions to existing literature: (1) a discussion of children's property rights under customary and statute law …
A Long Time Gone: Post-Conflict Rural Property Restitution Under Customary Law, Sandra F. Joireman, Laura S. Meitzner Yoder
A Long Time Gone: Post-Conflict Rural Property Restitution Under Customary Law, Sandra F. Joireman, Laura S. Meitzner Yoder
Political Science Faculty Publications
Mass displacement of people due to violence poses a unique set of challenges for property restitution when people return to their homes after a long absence. This is particularly evident in rural areas where the dominant form of land holding is customary tenure. Violence-induced displacement, unlike voluntary migration, challenges both customary and public legaladministrative structures. The lack of written documentation of customary holdings and the importance of the support of community leaders means that incorporating returnees back into a community can be easier for those who choose to return, while reclaiming property without physical return is nearly impossible. This article …
Aiming For Certainty: The Kanun, Blood Feuds And The Ascertainment Of Customary Law, Sandra F. Joireman
Aiming For Certainty: The Kanun, Blood Feuds And The Ascertainment Of Customary Law, Sandra F. Joireman
Political Science Faculty Publications
Customary law is an alternative legal framework to statute or public law. In the past the existence of customary law was viewed as problematic due to the uncertainty which accompanies legal pluralism. Increasingly, scholars are recognizing legal pluralism as simply a reality to be negotiated, rather than a problem. One frequently proposed solution to the difficulties posed by the existence of customary law is to write it down, or ascertain it, in order to provide for legal certainty. This article addresses this goal in three parts. The first part describes customary law and how it functions in its uncodified form …
Foreign And International Legal Research, Maureen Moran
Foreign And International Legal Research, Maureen Moran
Law Faculty Publications
As you have been learning, the American legal system is only one of hundreds in the world. Each of those legal systems has its own rules, sources, and authorities. But these systems do not exist in a vacuum. What rules govern when two or more States or entities interact? What are the enforcement mechanisms? The study of these questions comprises the fields of foreign law and international law. The purpose of this chapter is not to give you a comprehensive review of all the resources available for researching this vast field of law. Rather, the goal is to give you …