Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Indian and Aboriginal Law (4)
- Civil Rights and Discrimination (2)
- Gender (2)
- Adoption (1)
- Articles (1)
-
- Bedouin in Israel (1)
- Bullshit (1)
- Class (1)
- Comparative and Foreign Law (1)
- Conflict of Laws (1)
- Customary law (1)
- Declaration on the Rights of Indigenous Peoples (1)
- Decolonization (1)
- Dispute Resolution (1)
- Domestic Relations (1)
- Ethics (1)
- Human Rights Law (1)
- Indian Child Welfare Act (1)
- Indian tribes (1)
- Indigenous Peoples (1)
- Indigenous Peoples' rights (1)
- Indigenous feminisms (1)
- Indigenous land rights (1)
- Indigenous self-determination (1)
- Indigenous women (1)
- Land dispossession (1)
- Law and Society (1)
- Legal History (1)
- Legal Profession (1)
- Legal philosophy (1)
- Publication
- File Type
Articles 1 - 6 of 6
Full-Text Articles in Law
The Breach Of The Common Law Trust Relationship Between The United States And African Americans - A Substantive Right To Reparations, Ayesha B. Hardaway
The Breach Of The Common Law Trust Relationship Between The United States And African Americans - A Substantive Right To Reparations, Ayesha B. Hardaway
Ayesha B. Hardaway
Domination and elaborate control of Africans in colonial America, and later the United States, were exerted to provide the requisite framework for the economically profitable Trans-Atlantic slave trade. Proponents of slavery characterized the aims of slavery in pseudo-paternalistic terms to “train” and “civilize[e] the untutored savage.”Even after the formal end of slavery, the U.S. and local governments continued to exercise its domination and elaborate control by enforcing a national system of racial segregation and discrimination. That system of government-sanctioned laws was so pervasive and commonly accepted that it has been personified as “Jim Crow.” As a result, racial hierarchy is …
The Status And Effect In New Zealand Law Of The Declaration On The Rights Of Indigenous Peoples, Matthew S. R. Palmer Qc
The Status And Effect In New Zealand Law Of The Declaration On The Rights Of Indigenous Peoples, Matthew S. R. Palmer Qc
The Hon Justice Matthew Palmer
This paper outlines the ways in which the Declaration on the Rights of Indigenous Peoples is reflected in, and affects, New Zealand domestic law.
Bullshit And The Tribal Client, Matthew L.M. Fletcher
Bullshit And The Tribal Client, Matthew L.M. Fletcher
Matthew L.M. Fletcher
No abstract provided.
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger
Bethany Berger
On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case is ostensibly about a dispute between prospective adoptive parents and a biological father. This Article demonstrates that it is about a lot more than that. It is a microcosm of anxieties about Indian-ness, race, and the changing nature of parenthood. While made in the name of the child, moreover, the decision supports practices and policies that do not forward and may …
The Recognition Of Indigenous Peoples’ Land: Application Of The Customary Land Rights Model On The Bedouin Case, Morad Elsana
The Recognition Of Indigenous Peoples’ Land: Application Of The Customary Land Rights Model On The Bedouin Case, Morad Elsana
Morad Elsana
ABSTRACT This paper introduces new possibilities for the recognition of Bedouin land in Israel. It shows that the application of the prevalent methods of indigenous land recognition is possible in the Bedouin case, and it would bring legal recognition of Bedouin land rights. The paper first presents the recognition of indigenous peoples land right in Canada, Australia, and other countries, while concentrating on the native title doctrine and the adoption of indigenous customary law. It shows how many colonial legal systems eventually discovered that their judicial systems included principles that recognize indigenous customary land rights. The application of such principles …
Self-Determination, Subordination, And Semantics: Rhetorical And Real-World Conflicts Over The Human Rights Of Indigenous Women, Sam Grey
Sam Grey
Indigenous women have long been engaged in unambiguous advocacy for a human rights-based approach to gender injustice in their communities and nations. Indigenous nations, for their part, have repeatedly and passionately posited collective human rights as necessary for the protection of cultural distinction. These projects should be reconcilable – but this reconciliation requires the political will to critically engage with historical and contemporary colonialism, and to address the internalization of patriarchy and sexism in Indigenous societies today. With such a will in place, it becomes possible to operationalize a single Indigenous ‘self-determination’ project grounded in human rights, one that sees …