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Articles 1 - 12 of 12
Full-Text Articles in Law
Constitutional Conflict And The Development Of Canadian Aboriginal Law, Guy Charlton, Xiang Gao
Constitutional Conflict And The Development Of Canadian Aboriginal Law, Guy Charlton, Xiang Gao
The University of Notre Dame Australia Law Review
This paper argues that aboriginal rights in Canada have been greatly affected by 19 th century governmental and social conflicts within the Canadian colonial state. These conflicts, largely over the ownership of land and regulatory authority between the federal government and the provinces necessarily impacted the First Nations on the ground while affecting how their legal claims were recognized and implemented. In particular they impacted the legal efficacy of treaty rights, the scope of rights recognised by the courts and an expansive legally protected notion of indigenous sovereignty. As a result, the rights now protected under sec. 25 and 35 …
The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, Zachary Stewart
The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, Zachary Stewart
Master's Theses
This thesis explores the relationship between British colonial influence and Lesbian, Gay, Bisexual, and Transgender (LGBT) rights in the Caribbean. Comparing the Cayman Islands, a British Overseas Territory, and Jamaica, an independent former colony of the United Kingdom, the situation for LGBT people is evaluated. While Jamaica has serious abuses and a concerning situation for the human rights of LGBT people, the Cayman Islands’ LGBT community’s position is far less concerning. Owing to its continued connection to the United Kingdom of Great Britain and Northern Ireland, the Cayman Islands’ LGBT rights situation is much less dire. Through British influence via …
What Is Twail?, Makau W. Mutua
What Is Twail?, Makau W. Mutua
Makau Mutua
The piece seeks to conceptualize the insurgent movement in international law known as Third World Approaches to International Law. Driven by scholars from the Third World, TWAIL rejects the traditional tenets and assumptions of traditional international law and argues for a re-imagination of the law of nations to purge it of racial and hegemonic precepts and biases to create a truly universal corpus that embraces inclusivity and empowerment. The movement turns away from the imperialist and colonialist foundation of international law. It argues that international law must be devoid of oppression, exploitation, and domination. The piece is among the first …
Mary L. Dudziak's Exporting American Dreams: Thurgood Marshall’S African Journey (Book Review), Makau Mutua
Mary L. Dudziak's Exporting American Dreams: Thurgood Marshall’S African Journey (Book Review), Makau Mutua
Makau Mutua
This review of Mary Dudziak’s hugely important book contends that the author conflates the struggle for civil rights in the United States with the struggle for black majority rule in Kenya. While the two struggles are linked by white domination and the quest for blacks to free themselves from that domination, the book fails to interrogate and contextualize the limitations of equal protection norms for minorities in two vastly different political milieus. Dudziak does not problematize Thurgood Marshall’s blind insistence that the independence Kenyan constitution accord the economically dominant and oppressive white minority in colonial Kenya the same equal protections …
Jeremy I. Levitt's Africa: Mapping New Boundaries In International Law (Book Review), Makau Mutua
Jeremy I. Levitt's Africa: Mapping New Boundaries In International Law (Book Review), Makau Mutua
Makau Mutua
This is a review of Jeremy Levitt’s edited collection of chapters in Africa: Mapping the Boundaries of International Law, which is an impressive work to the dearth of scholarship on Africa’s contribution to the normative substance and theory of international law. The book explicitly seeks to counter the racist mythology that Africans were tabula rasa in international law. In his own introduction to the book, Levitt makes it clear that “Africa is a legal marketplace, not a lawless basket case.” The eight contributors to the book are renowned scholars who make the case that Africa is not stuck in pre-history …
An Apology For A Pathological Brute (Reviewing Tim Jeal, Stanley: The Impossible Life Of Africa's Greatest Explorer (2007)), Makau Mutua
Makau Mutua
This is a review of Tom Jeal’s Stanley: the Impossible Life of Africa’s Greatest Explorer. Although perhaps the most carefully researched of the many books of Stanley, the book suffers from its zealous attempt to absolve Stanley of his inhumanity in spite of the most extensive historical evidence of the abominations that he committed against Africans. Instead, Jeal sets out to humanize a historical monster who paved the way for many pogroms committed by the colonial hegemons in Africa. Even deep flaws of character, including self-denial, that were so evident in Stanley are either explained away or excused. The book …
Convicts In The Cowpastures, An Untold Story, Ian C. Willis
Convicts In The Cowpastures, An Untold Story, Ian C. Willis
Ian Willis
The story of European settlement in the Cowpastures is intimately connected to the story of the convicts and their masters. This story has not been told and there is little understanding of the role of the convicts in the Cowpastures district before 1840. Who were they? What did they do? Did they stay in the district? The convicts that ended up the in Cowpastures district were part of the 160,000 who were transported to the Australian colonies from England, Wales, Ireland and the British colonies. The convicts were a form of forced labour, with a global history that goes back …
Membership Denied: Subordination And Subjugation Under United States Expansionism, Ediberto Román, Theron Simmons
Membership Denied: Subordination And Subjugation Under United States Expansionism, Ediberto Román, Theron Simmons
Ediberto Roman
As for the proposal this Article seeks to promote, the length and complexity of this undertaking hopefully demonstrates the difficulty in arriving at an easily identified solution. Century long colonial struggles by several distinct countries and millions of their inhabitants are not easily resolved. Nevertheless, there are certain procedural steps that can be undertaken which may promote the realization of self-determination. The United States should be true to its rhetoric and promote democratic efforts in these lands to achieve autonomy. It is not enough to promote self-determination for other powers' colonies. The subordination of citizens and nationals is not only …
Critical Race Theory And International Law: Convergence And Divergence, Ruth Gordon
Critical Race Theory And International Law: Convergence And Divergence, Ruth Gordon
Ruth Gordon
No abstract provided.
Complexity's Shadow: American Indian Property, Sovereignty, And The Future, Jessica A. Shoemaker
Complexity's Shadow: American Indian Property, Sovereignty, And The Future, Jessica A. Shoemaker
Michigan Law Review
This Article offers a new perspective on the challenges of the modern American Indian land tenure system. While some property theorists have renewed focus on isolated aspects of Indian land tenure, including the historic inequities of colonial takings of Indian lands, this Article argues that the complexity of today’s federally imposed reservation property system does much of the same colonizing work that historic Indian land policies—from allotment to removal to termination—did overtly. But now, these inequities are largely overshadowed by the daunting complexity of the whole land tenure structure. This Article introduces a new taxonomy of complexity in American Indian …
The Role Of Colonialism And Neo-Colonialism In Shaping Anti-Terrorism Law In Comparative And International Perspectives: Case Studies Of Egypt And Tunisia, Fatemah Alzubairi
The Role Of Colonialism And Neo-Colonialism In Shaping Anti-Terrorism Law In Comparative And International Perspectives: Case Studies Of Egypt And Tunisia, Fatemah Alzubairi
PhD Dissertations
Contemporary anti-terrorism legislation has raised concerns about the global evolution of law and crime control. National and global anti-terrorism frameworks include broad definitions of terrorist crimes and exceptional measures, which risk violating the rule of law and criminal justice. While these frameworks have been broadened since 9/11, the experience of the Arab world shows that wide sweeping anti-terrorism frameworks existed well before this time. This dissertation investigates the origin of current anti-terrorism laws and measures, arguing that colonialism and neo-colonialism contributed to the shaping of counter-terrorism law and policy in two case studies: Egypt and Tunisia. The investigation considers the …
Convicts In The Cowpastures, An Untold Story, Ian C. Willis
Convicts In The Cowpastures, An Untold Story, Ian C. Willis
Faculty of Law, Humanities and the Arts - Papers (Archive)
The story of European settlement in the Cowpastures is intimately connected to the story of the convicts and their masters. This story has not been told and there is little understanding of the role of the convicts in the Cowpastures district before 1840. Who were they? What did they do? Did they stay in the district? The convicts that ended up the in Cowpastures district were part of the 160,000 who were transported to the Australian colonies from England, Wales, Ireland and the British colonies. The convicts were a form of forced labour, with a global history that goes back …