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Full-Text Articles in Law
Indigenous Peoples And The Law - Ancient Customs: Modern Dilemmas, David S. Bogen
Indigenous Peoples And The Law - Ancient Customs: Modern Dilemmas, David S. Bogen
Faculty Scholarship
Indigenous people have a variety of complex relationships to law in nations such as Australia, Canada, New Zealand and the United States where non-indigenous people constitute the majority of the population. Customary law has been recognised in each of these nations as a source of domestic law, but this recognition has created various tensions. For instance, Native Title looks to customary law for its definition, but non-indigenous society demands that Native Title be managed by modern Indigenous institutions created under non-indigenous law. Issues of federalism and international law influence the interaction of Indigenous and non-indigenous law against a background of …
Universal Human Rights Vs. Traditional Rights, Brittany Kühn
Universal Human Rights Vs. Traditional Rights, Brittany Kühn
Human Rights & Human Welfare
The Universal Declaration of Human Rights (UDHR) is one of the most translated documents in the world. Its promotion of freedom, justice and peace provides a set of standards that were adopted by the United Nations General Assembly and with the support of forty-eight countries. Despite this doctrine of international values, indigenous societies often resist attempts to implement such law when it threatens to constrain traditional norms that are deeply embedded into the realm of cultural identity.
The Colonial Legacy And Human Rights In Mexico: Indigenous Rights And The Zapatista Movement, Alexander Karklins
The Colonial Legacy And Human Rights In Mexico: Indigenous Rights And The Zapatista Movement, Alexander Karklins
Human Rights & Human Welfare
The current status of human rights in Latin America has been profoundly affected by the legacy of colonial institutions. Since the time of conquest, through colonialism, and after independence, the growth of the Latin American state has been challenged by the alternative discourse of indigenous rights. In Mexico, the dominance of mestizaje (or the quest for a single Mexican ethnic identity) in the formation of its modern state apparatus has left indigenous cultures out of the realm of political participation and exposed to human rights violations. With the Zapatista uprising of 1994-1996, the contradictions inherent in Mexico’s constitution were brought …
Nagpra Revisited: A Twenty-Year Review Of Repatriation Efforts, Julia A. Cryne
Nagpra Revisited: A Twenty-Year Review Of Repatriation Efforts, Julia A. Cryne
American Indian Law Review
No abstract provided.
In Defense Of Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley
In Defense Of Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley
Publications
This Article responds to an emerging view, in scholarship and popular society, that it is normatively undesirable to employ property law as a means of protecting indigenous cultural heritage. Recent critiques suggest that propertizing culture impedes the free flow of ideas, speech, and perhaps culture itself. In our view, these critiques arise largely because commentators associate "property" with a narrow model of individual ownership that reflects neither the substance of indigenous cultural property claims nor major theoretical developments in the broader field of property law. Thus, departing from the individual rights paradigm, our Article situates indigenous cultural property claims, particularly …