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Indigenous, Indian, and Aboriginal Law

Osgoode Hall Law School of York University

2012

Articles 1 - 2 of 2

Full-Text Articles in Law

'In A Settled Country, Everyone Must Eat': Four Questions About Transnational Private Regulation, Migration, And Migrant Work, Amar Bhatia Dec 2012

'In A Settled Country, Everyone Must Eat': Four Questions About Transnational Private Regulation, Migration, And Migrant Work, Amar Bhatia

Articles & Book Chapters

This introduction speaks to one of the questions raised by transnational private regulation: is migration always transnational? One quick answer to this question might be ‘no’. If migration is concerned with the international movement of people, then what has been called the approach of methodological nationalism would force out the ‘trans-­‐’ and always substitute the international. Since methodological nationalism is an approach characterized by an overdue emphasis on states and their external borders as the sole arbiters for what registers as movement, then this answer would not surprise anyone. However, if we do not take a monopolistic approach to borders, …


Mabo Misinterpreted: The Unfortunate Legacy Of Legislative Distortion Of Justice Brennan’S Judgment, Kent Mcneil Jan 2012

Mabo Misinterpreted: The Unfortunate Legacy Of Legislative Distortion Of Justice Brennan’S Judgment, Kent Mcneil

Articles & Book Chapters

The High Court's bold decision in Mabo v Queensland [No 2] undoubtedly changed the legal landscape in Australia in very positive ways. For the first time, Australian common law acknowledged that the Indigenous peoples have land rights based on occupation of land in accordance with their traditional laws and customs. The Court denounced the racial discrimination inherent in past denial of these rights and outlined legal doctrines that could be used to resolve Indigenous land claims in present-day Australia. This led to the enactment of the Native Title Act 1993 (Cth) (NTA), by which the Commonwealth Parliament created a complex …