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Aboriginal law

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Journal Article
South Atlantic Quarterly (2011) 110 (2): 347–362.
Published: 01 April 2011
...Christine Black This essay is a nonlinear narrative that attempts to “unthink” the ways in which Australian Indigenous peoples' identity, sovereignty, and law are discussed. An Australian Aboriginal law narrative and poetry are part of the unthinking language used to discuss these definitions...
Journal Article
South Atlantic Quarterly (2009) 108 (1): 27–51.
Published: 01 January 2009
...Irene Watson The laws of first peoples are connected to our traditional lands. The colonial project dispossesses us of land, but our laws are often still carried with us. These Aboriginal laws become like us, the native peoples, disconnected from country. So how is it possible for first peoples...
Journal Article
South Atlantic Quarterly (2020) 119 (2): 353–369.
Published: 01 April 2020
... and/or collectively held lands and resources that are nonetheless constructed by the law as private disputes, largely insulated from the reach of constitutionally-derived Aboriginal rights. After tracing the long history of BC’s “injunction habit,” I examine the judicial and policy practices that make the “new normal...
Journal Article
South Atlantic Quarterly (2020) 119 (2): 215–241.
Published: 01 April 2020
... in Governance on Canada’s Pacific Coast .” Maritime Studies 17 , no. 2 : 189 – 98 . Harris Douglas . 2000 . “ Territoriality, Aboriginal Rights, and the Heiltsuk Spawn-on-Kelp Fishery .” University of British Columbia Law Review 34 : 195 . Hayward Jonathan . 2018...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 309–327.
Published: 01 April 2011
... and dependency is clearly anomalous. All the sovereign powers of Indian tribes may be removed by Congress. In Australia, the High Court recognizes Aboriginal law for the purposes of native title but denies recognition of Aboriginal law-­making capacity in other areas of social life—a contradiction...
Journal Article
South Atlantic Quarterly (2009) 108 (1): 53–70.
Published: 01 January 2009
.... If, as in this (purposefully crude) view, de Heer made Ten Canoes, the film trains up white audiences for the little patience through which they can be welcomed spiritually onto Aboriginal land to assert their lawful right to the homeland against bad-spirited Aboriginal people themselves. Yet this “extreme white...
Journal Article
South Atlantic Quarterly (2009) 108 (1): 237–238.
Published: 01 January 2009
... completing a manuscript on the conflict between Aboriginal laws and the Australian legal system. ...
Journal Article
South Atlantic Quarterly (2011) 110 (4): 867–883.
Published: 01 October 2011
... Society. 56 Heather Goodall, “Aboriginal Calls for Justice: Learning from History,” Aboriginal Law Bulletin 2.33 (1988): 4–6; and Kevin Gilbert, Jack Horner, and Heather Goodall, “Three Tributes to Pearl Gibbs (1901–1983 Aboriginal History 7.1 (1983): 4–22. 57 Daniel Browning...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 447–463.
Published: 01 April 2011
... of the group arrive at the same understanding of the meta-­ narrative? The problem with the ‘everything-­is-­narrative’ account is that it presupposes the very intersubjectivity it is trying to explain.”7 Because law plays a formative role in shaping the identities of aboriginal subjects...
Journal Article
South Atlantic Quarterly (2009) 108 (1): 71–85.
Published: 01 January 2009
... culture, in Aboriginal culture, we tell stories as a way to keep our law. The dichotomy between law and story is, from a cultural perspective, fascinating. In Aboriginal culture, laws are told as stories, often presented for children. These cultural stories 74  Larissa Behrendt actually explain...
Journal Article
South Atlantic Quarterly (2020) 119 (2): 301–324.
Published: 01 April 2020
... .” Canadian Review of Sociology and Anthropology 36 , no. 1 : 65 – 85 . Luk Senwung . 2003 . “ Not So Many Hats: The Crown’s Fiduciary Obligations to Aboriginal Communities since Guerin. ” Saskatchewan Law Review 76 : 1 – 49 . Lutz John . 1992 . “ After the Fur Trade...
Journal Article
South Atlantic Quarterly (2002) 101 (3): 501–518.
Published: 01 July 2002
... inter- pretation of Kafka’s parable—and, to get back to our topic, of Aboriginal art for Europeans—is that the Law here is infinitely far away, transcenden- tal, unknowable. The petitioner can never know the secrets of the forever- 508 Rex Butler obscure workings of the Law. However...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 385–401.
Published: 01 April 2011
..., specifying that “the uncivi­ lized tribes will be subject to such laws and regulations as the United States may, from time to time, adopt in regard to aboriginal tribes of that coun­ try.”19 Nevertheless, debates soon arose about the “racial type” of Alaska Natives that would bear directly on policies...
Journal Article
South Atlantic Quarterly (2001) 100 (2): 331–348.
Published: 01 April 2001
..., but that in exchange she would be brought up as a white girl ‘‘in a good religious environment That’s what Millicent was told by the Protector of Aborigines and the Child...
Journal Article
South Atlantic Quarterly (1999) 98 (4): 839–859.
Published: 01 October 1999
... Nullius: The British Denial of Aboriginal Land Rights, Historical Studies 19 (1981): 513-23. 25 See Henry Reynolds, The Law ofthe Land (Ringwood, VIC, 1987). 26 The following discussion ofthe Mabo case takes its sights from Noel Pearson, 204 Years of Invisible Title: From the Most Vehement Denial ofa...
Journal Article
South Atlantic Quarterly (1972) 71 (2): 213–224.
Published: 01 April 1972
... conflict, pol­ lution, the destruction of the environment, crime, problems of law and order, and the rat race of American life receive dis­ proportionate television and newspaper coverage in the land Down Under. The criticisms of America, however, hide a more fundamental reality: namely, the Australian...
Journal Article
South Atlantic Quarterly (2011) 110 (4): 999–1001.
Published: 01 October 2011
... at Northwestern University and author of Creolizing the Political: A Genealogy of the African Diaspora (Duke University Press, forthcoming). Isabel Karpin is a professor in the Faculty of Law at the University of Tech- nology, Sydney. She is currently involved in several major research projects in the areas...
Journal Article
South Atlantic Quarterly (1969) 68 (4): 520–535.
Published: 01 October 1969
... of challenge in previously dormant minorities teachers, nurses, public servants, students, aborigines, workers, the peace movement, anti-conscription forces. Student Guerilla, weekly newsletter of Students for Democratic Action, Uni­ versity of Queensland, Brisbane, Octo­ ber 3, 1968 On March 3, 1968...
Journal Article
South Atlantic Quarterly (2020) 119 (2): 269–299.
Published: 01 April 2020
... : University of Toronto Press . Kamphuis Charis . 2017 . “ Litigating Indigenous Dispossession in the Global Economy: Law’s Promises and Pitfalls .” Brazilian Journal of International Law 14 , no. 1 : 165 – 225 . Kielland Norah . 2015 . “ Supporting Aboriginal...
Journal Article
South Atlantic Quarterly (2008) 107 (3): 509–530.
Published: 01 July 2008
...Elizabeth A. Povinelli This essay examines two modes, qualities, and dynamics of lethality in contemporary late liberal societies: the state of killing and letting die. Using contemporary debates in Australia over indigenous health and welfare and new federal security laws, the essay explores...