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Full-Text Articles in Law
A Submission To The New Zealand Government On The Plain Packaging Of Tobacco Products, Matthew Rimmer
A Submission To The New Zealand Government On The Plain Packaging Of Tobacco Products, Matthew Rimmer
Matthew Rimmer
EXECUTIVE SUMMARYThis submission draws upon a number of pieces of research and policy papers on the plain packaging of tobacco products including:1. Becky Freeman, Simon Chapman, and Matthew Rimmer, 'The Case for the Plain Packaging of Tobacco Products' (2008) 103 (4) Addiction 580-590.2. Matthew Rimmer, 'A Submission to the Senate Legal and Constitutional Committee on the Trade Marks Amendment (Tobacco Plain Packaging) Bill (Cth)', September 2011, https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=dabfcd75-9807-493f-bc99-4a7506bf493b3A. Matthew Rimmer, 'Tobacco's Mad Men Threaten Public Health', The Conversation, 23 September 2011, http://theconversation.edu.au/tobaccos-mad-men-threaten-public-health-34503B. Matthew Rimmer, 'Big Tobacco's Box Fetish: Plain Packaging at the High Court', The Conversation, 20 April 2012, https://theconversation.edu.au/big-tobaccos-box-fetish-plain-packaging-at-the-high-court-65183C. Matthew …
The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson
The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson
Robert G. Natelson
The United States Congress claims plenary and exclusive power over federal affairs with the Indian tribes, based primarily on the Constitution’s Indian Commerce Clause. This article is the first comprehensive analysis of the original meaning of, and understanding behind, that constitutional provision. The author concludes that, as originally understood, congressional power over the tribes was to be neither plenary nor exclusive.
The Metamorphosis Of Aboriginal Title, Brian Slattery
The Metamorphosis Of Aboriginal Title, Brian Slattery
Brian Slattery
Aboriginal title has undergone a significant transformation from the colonial era to the present day. In colonial times, aboriginal title was governed by Principles of Recognition based on ancient relations between the Crown and Indigenous American peoples. With the passage of time, this historical right has evolved into a generative right, governed by Principles of Reconciliation. As a generative right, aboriginal title exists in a dynamic but latent form, which is capable of partial articulation by the courts but whose full implementation requires agreement between the Indigenous party and the Crown. The courts have the power to recognize the core …
The Nature Of Representation: The Cherokee Right To A Congressional Delegate, Ezra Rosser
The Nature Of Representation: The Cherokee Right To A Congressional Delegate, Ezra Rosser
Ezra Rosser
This paper explores the history and present day implications of the Cherokee Nation's 1835 treaty-based right to a Congressional Delegate.
Aboriginal Rights And The Honour Of The Crown, Brian Slattery
Aboriginal Rights And The Honour Of The Crown, Brian Slattery
Brian Slattery
No abstract provided.
Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery
Paper Empires: The Legal Dimensions Of French And English Ventures In North America, Brian Slattery
Brian Slattery
No abstract provided.
Making Sense Of Aboriginal And Treaty Rights, Brian Slattery
Making Sense Of Aboriginal And Treaty Rights, Brian Slattery
Brian Slattery
No abstract provided.
Resolving Native American Land Claims And The Eleventh Amendment: Changing The Balance Of Power, Katharine F. Nelson
Resolving Native American Land Claims And The Eleventh Amendment: Changing The Balance Of Power, Katharine F. Nelson
Katharine F. Nelson
No abstract provided.
First Nations And The Constitution: A Question Of Trust, Brian Slattery
First Nations And The Constitution: A Question Of Trust, Brian Slattery
Brian Slattery
No abstract provided.
Understanding Aboriginal Rights, Brian Slattery
The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery
The Hidden Constitution: Aboriginal Rights In Canada, Brian Slattery
Brian Slattery
This article reviews the constitutional and historical grounds for Aboriginal and treaty rights in Canada and discusses the legal effects of entrenching these rights in the Constitution of Canada in 1982.
The Land Rights Of Indigenous Canadian Peoples, Brian Slattery
The Land Rights Of Indigenous Canadian Peoples, Brian Slattery
Brian Slattery
The problem examined in this work is whether the land rights originally held by Canada's Indigenous peoples survived the process whereby the British Crown acquired sovereignty over their territories, and, if so, in what form. The question, although historical in nature, has important implications for current disputes involving Aboriginal land claims in Canada. It is considered here largely as a matter of first impression. The author has examined the historical evidence with a fresh eye, in the light of contemporaneous legal authorities. Due consideration is given to modern case-law, but the primary focus is upon the historical process proper.