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Indigenous, Indian, and Aboriginal Law

Western University

2011

Articles 1 - 2 of 2

Full-Text Articles in Law

Conflict In The Statutory Elicitation Of Aboriginal Culture In Australia, James F. Weiner Nov 2011

Conflict In The Statutory Elicitation Of Aboriginal Culture In Australia, James F. Weiner

Aboriginal Policy Research Consortium International (APRCi)

In order for Aboriginal rights and interests to be recognised under the Native Title Act (1993), such rights and interests must arise from laws and customs that can be shown to have continuity with the particular set of laws and customs that existed at the time of sovereignty, or, at least, at the time of first European contact. This interpretation of continuity has been applied in Australian native title cases since the High Court’s Yorta Yorta decision (Yorta Yorta v the State of Victoria [2002] HCA 58). Yet today’s Aboriginal native title claim groups are also required to participate in …


Cases And Materials On Federal Indian Law (6th Edition), David H. Getches, Charles F. Wilkinson, Robert A. Williams Jr., Matthew L.M. Fletcher Jan 2011

Cases And Materials On Federal Indian Law (6th Edition), David H. Getches, Charles F. Wilkinson, Robert A. Williams Jr., Matthew L.M. Fletcher

Aboriginal Policy Research Consortium International (APRCi)

No abstract provided.