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Articles 1 - 9 of 9
Full-Text Articles in Law
Making The Circle Stronger: An Effort To Buttress Aboriginal Use Of Restorative Justice In Canada Against Recent Criticisms, David Milward
Making The Circle Stronger: An Effort To Buttress Aboriginal Use Of Restorative Justice In Canada Against Recent Criticisms, David Milward
Dr. David Milward
The reliance of the Canadian criminal justice system on adversarial procedures and incarceration is not very effective or productive when dealing with Aboriginal crime. Restorative justice is often presented as a more constructive way of dealing with Aboriginal crime, and as a solution to Aboriginal over-incarceration. There have however been recent criticisms made against restorative justice that call into question its effectiveness as a medium of social control. These criticisms have the potential to enter policy discourses on justice and frustrate Aboriginal aspirations regarding the use of restorative justice. Restorative justice, notwithstanding the criticisms, still has the potential to provide …
Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia
Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia
Saumya Uma
This contains a detailed narrative on the activities undertaken by ICC-India - an anti-impunity campaign on mass crimes and international law, from 2000 to 2007. The publication elaborates the work of the campaign on information dissemination, campaign and advocacy, research and publication, alliance-building and media outreach. It includes 16 pages of colour photographs, as well as illustrations in the form of graphs, tables and maps. Published by Women's Research & Action Group, 2008, English, 90 pages.
Not Just The Peace Pipe But Also The Lance: Exploring Different Possibilities For Indigenous Control Over Criminal Justice, David Milward
Not Just The Peace Pipe But Also The Lance: Exploring Different Possibilities For Indigenous Control Over Criminal Justice, David Milward
Dr. David Milward
This article will exploring whether contrasts between restorative and punitive models of criminal justice inform an ideological struggle between Western and Indigenous approaches of criminal justice as Indigenous communities strive for greater control over criminal justice. The answer to this question will be examined in light of considerations for Indigenous control over justice. One concern by Western states is that Indigenous justice must strike the proper balance beteen community safety and offender healing. This paper contends that for self-determination to be effective, Indigenous leaders must include and consider the community at large when making decisions over criminal justice.
Customary Law: The Way Things Were, Codified, Ezra Rosser
Customary Law: The Way Things Were, Codified, Ezra Rosser
Ezra Rosser
Frequently referred to as customary law, the unique traditions and customs of different Native American tribes are cited by their tribal courts as authoritative and binding law. The recent use of customary law as a mechanism for deciding individual cases is not uniform among tribal court systems as it differs depending upon which tribe's judges are working to place custom into contemporary judicial analysis. Understanding the present role of customary law in tribal law requires first understanding the nature of customary law and then understanding how it is being used. The effect of customary law is dependent upon the place …
Toward A Vibrant Peruvian Middle Class: Effects Of The Peru-United States Free Trade Agreement On Labor Rights, Biodiversity, And Indigenous Populations, Stephen J. Powell, Paola A. Chavarro
Toward A Vibrant Peruvian Middle Class: Effects Of The Peru-United States Free Trade Agreement On Labor Rights, Biodiversity, And Indigenous Populations, Stephen J. Powell, Paola A. Chavarro
Stephen Joseph Powell
Past research confirms that trade and human rights are inextricably linked by trade's effects on poverty, labor, women, indigenous populations, health, and the environment. We identified surprisingly direct linkages between these two vital policies in WTO agreements as well as that regional trade agreements add positive indirect contributions by to rules-based governance through their emphasis on transparency, accountability, and due process by governments, as well as timeliness, inclusive record keeping, and impartiality in the administrative decisional process. The present research examines a particular country and a single trade agreement, Peru and the trade agreement between Peru and the United States. …
Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser
Protecting Non-Indians From Harm? The Property Consequences Of Indians, Ezra Rosser
Ezra Rosser
This article is an exploration of the assumption, last made by the U.S. Supreme Court in City of Sherrill v. Oneida Indian Nation of New York, that non-Indian property owners are harmed by Indian acquisition and control of land. Accepting for the moment the Court's prioritization of a non-Indian perspective, the article explores (a) what lies behind non-Indian resistance to Indian land ownership, and (b) whether in fact non-Indians are harmed by proximity to Indian land. The article combines in its analysis core property law concepts with an empirical examination of the changes over time in assessed land value of …
A Whale Of A Tale: Post-Colonialism, Critical Theory, And Deconstruction: Revisiting The International Convention For The Regulation Of Whaling Through A Socio-Legal Persepctive, Nick J. Sciullo
Nick J. Sciullo
This article is a critical interpretation of the indigenous whaling debate, which, although often discussed in legal academia, has received only passing critical attention. As a scholar in the critical theory/critical legal studies model, I am primarily concerned with the impact that law and debates about law have on divergent groups (racial, ethnic, gender, etc.). This article develops a criticism of the United States's postcolonial opposition to whaling, arguing, instead, for cultural relativism. The article indicts U.S. imperialism, and treatment of indigenous peoples, arguing for interdisciplinary analysis and a more keen appreciation for the voice of indigenous peoples. As I …
Criminal Law On The Aboriginal Plains: The First Nations And The First Criminal Court In The North-West Territories, 1870 - 1903, Shelley A. M. Gavigan
Criminal Law On The Aboriginal Plains: The First Nations And The First Criminal Court In The North-West Territories, 1870 - 1903, Shelley A. M. Gavigan
Shelley A. M. Gavigan
This study undertakes an in-depth analysis of the relationship between the First Nations and the criminal law in the 'Saskatchewan' region of the North-West Territories, taking as its temporal point of departure the creation of the Territories in 1870. Through data derived from criminal court records from Hugh Richardson's tenure on the territorial bench (1876 - 1903), this study analyses the role of Canadian criminal law in a watershed period of social and legal transformation in and for the lives of the First Nations.The dissertation critically engages with discourses of criminalization in the historiography and calls for greater precision in …
"New" Directions In Indian Law Scholarship : An Afterward, Frank Pommersheim
"New" Directions In Indian Law Scholarship : An Afterward, Frank Pommersheim
Frank Pommersheim
No abstract provided.