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Aboriginal title and Indigenous peoples : Canada, Australia, and New Zealand
Authors: ---
ISBN: 077482073X 1280777850 9786613688248 0774815620 0774815604 0774815612 9780774815628 9780774815604 9780774815611 Year: 2010 Publisher: Vancouver : UBC Press,

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Abstract

"Delgamuukw. Mabo. Ngati Apa. These cases and others have in recent years created a framework for litigating Aboriginal title in countries such as Canada, Australia, and New Zealand. The contributors to this path-breaking book argue that our understanding of where the concept of Aboriginal title came from -- and where it may be going -- can also be enhanced by exploring legal developments in these former British settler colonies in a comparative and multidisciplinary framework. Aboriginal Title and Indigenous Peoples brings together a distinguished group of scholars who trace how the doctrine of Aboriginal title evolved as indigenous peoples and their laws interacted with settlers and the legal systems that developed in these three common law countries. Part 1 reveals the historical role that legislatures and courts played in the extinguishment and acquisition of Aboriginal title and land. Part 2 shows that although each country's development was distinctive, common issues and legal developments shaped -- and continue to inform -- indigenous peoples' struggle for recognition of their rights."--pub. desc.

Making Indian law
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ISBN: 1281735000 9786611735005 0300135238 9780300135237 9781441645630 1441645632 1282089315 9781282089310 0300114605 9780300114607 9780300143294 030014329X 9781281735003 6611735003 Year: 2007 Publisher: New Haven Yale University Press

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In 1941, after decades of struggling to hold on to the remainder of their aboriginal home, the Hualapai Indians finally took their case to the Supreme Court-and won. The Hualapai case was the culminating event in a legal and intellectual revolution that transformed Indian law and ushered in a new way of writing Indian history that provided legal grounds for native land claims. But Making Indian Law is about more than a legal decision. It's the story of Hualapai activists, and eventually sympathetic lawyers, who challenged both the Santa Fe Railroad and the U.S. government to a courtroom showdown over the meaning of Indian property rights-and the Indian past.At the heart of the Hualapai campaign to save the reservation was documenting the history of Hualapai land use. Making Indian Law showcases the central role that the Hualapai and their lawyers played in formulating new understandings of native people, their property, and their past. To this day, the impact of the Hualapai decision is felt wherever and whenever indigenous land claims are litigated throughout the world.

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