Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

Review Of The Book Denial Of Genocides In The Twenty-First Century, John A. Drobnicki Nov 2023

Review Of The Book Denial Of Genocides In The Twenty-First Century, John A. Drobnicki

Publications and Research

Review of the book Denial of Genocides in the Twenty-First Century, edited by Bedross Der Matossian.


Writing And Resisting Colonial Genocide, Heidi Matthews, Luann Good Gingrich, Joel Ong Sep 2023

Writing And Resisting Colonial Genocide, Heidi Matthews, Luann Good Gingrich, Joel Ong

Articles & Book Chapters

Canada has pursued policies of Indigenous assimilation and annihilation, many of which continue today. Among others, these include ‘Indian residential schools’, the Indian Act, welfare-state child removals, the Sixties Scoop, the prohibition of cultural practices, forced sterilization and environmental destruction. We are scholars co-leading a large interdisciplinary programme of research studying ‘colonial genocide’. Our research seeks to understand how historic colonialism and its contemporary manifestations rely on genocidal logic for power and profit. While we begin in Turtle Island, our work has global application. The act of naming is a powerful analytical and political tool, and ‘genocide’ is one of …


Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell Jan 2022

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …


Canada's Residential Schools And The Right To Integrity, Amy Anderson, Dallas K. Miller, Dwight Newman Oct 2018

Canada's Residential Schools And The Right To Integrity, Amy Anderson, Dallas K. Miller, Dwight Newman

Dalhousie Law Journal

Apart from characterizations of the residential schools system as imposing cultural genocide, it is possible to understand the system in terms of a legal wrong involving violations of family integrity. The 19th and early 20th centuries saw increasing state intervention in families generally so as to impose compulsory education. However, wrongs in this intervention were recognized, and international law developed toward a right of family integrity that led to changes in non-Indigenous contexts. Evidence from the TRC shows that Canada did not respond as quickly in the Indigenous context, thus permitting an identification of how the residential schools system violated …


Treat All Men Alike: An Analysis Of United States V. White Mountain Apache Tribe And Suggestions For True Reparation, Joel A. Holt Jul 2015

Treat All Men Alike: An Analysis Of United States V. White Mountain Apache Tribe And Suggestions For True Reparation, Joel A. Holt

Akron Law Review

In 1492, Christopher Columbus landed on the shores of the New World. He brought with him dreams of gold, a sword, fire and disease. In doing so, he began the systematic annihilation of the Western Hemisphere’s indigenous people. The torture and genocide of Native Americans, motivated by desire for gold and land, did not end with the Spaniards: it carried on through English rule and young America’s taming of the west.

It is estimated that the indigenous population of the continental United States at the time of first contact was between five and ten million. According to the 2000 census, …


Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito Sep 2014

Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito

Florida A & M University Law Review

More than a half-century after the civil rights era, people of color in the United States remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution's guarantee of equal protection remain elusive. This article argues that the "racial realism" advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative's depiction of the United States as a "nation of immigrants" with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not …


"With A Very Great Blame On Our Hearts": Reparations, Reconciliation, And An American Indian Plea For Peace And Justice, William Bradford Jan 2002

"With A Very Great Blame On Our Hearts": Reparations, Reconciliation, And An American Indian Plea For Peace And Justice, William Bradford

American Indian Law Review

No abstract provided.


Plastic Indians, Nazis, And Genocide: A Perspective On America's Treatment Of Indian Nations, David M. Osterfeld Jan 1998

Plastic Indians, Nazis, And Genocide: A Perspective On America's Treatment Of Indian Nations, David M. Osterfeld

American Indian Law Review

No abstract provided.


Greed, Goons And Genocide: The Essays Of Ward Churchill (Review Of From A Native Son: Selected Essays On Indigenism, 1985-1995 By Ward Churchill), Peter C. Astor Jan 1997

Greed, Goons And Genocide: The Essays Of Ward Churchill (Review Of From A Native Son: Selected Essays On Indigenism, 1985-1995 By Ward Churchill), Peter C. Astor

American Indian Law Review

No abstract provided.