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Indigenous laws

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Journal Article
South Atlantic Quarterly (2020) 119 (2): 215–241.
Published: 01 April 2020
...Deborah Curran; Eugene Kung; Ǧáǧvi Marilyn Slett A discussion about Indigenous economies, governance, and laws begins with relationships. These relationships are centered in a place, a traditional territory, and include responsibilities towards that place. Such a relational approach to Indigenous...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 309–327.
Published: 01 April 2011
... 2011 Duke University Press 2011 Chris Cunneen Indigeneity, Sovereignty, and the Law: Challenging the Processes of Criminalization Introduction This essay explores the relationship between sovereignty...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 403–427.
Published: 01 April 2011
... law has responded to Indigenous peoples' demands for cultural survival, appraising progress made and suggesting further improvements to the international legal regime. In doing so, the essay focuses on the 2007 UN Declaration on the Rights of Indigenous Peoples, overwhelmingly passed by the UN General...
Journal Article
South Atlantic Quarterly (2020) 119 (2): 353–369.
Published: 01 April 2020
...” claim possible—and show how it is ultimately not accurate. As crucial tools in the legal arsenal of settler-colonial states, injunctions and the subsequent use of contempt charges carve out a distinctly colonial space within Canadian law for the criminalization of Indigenous resistance, facilitating...
Journal Article
South Atlantic Quarterly (2020) 119 (2): 269–299.
Published: 01 April 2020
... and settler law in rela- tion to environmental protection, Aboriginal rights, and Indigenous law (see, for example, Graben, Cameron, and Morales 2019; Robertson 2016; Kamphuis 2017; McLean, forthcoming). In terms of methodology, my reading of these literatures has been sup- plemented by a small number of key...
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 (2008) 107 (4): 635–650.
Published: 01 October 2008
... of native peoples as both “special interest groups” and “racial minorities” is deployed in the service of undermining the unique legal status of indigenous peoples under both U.S. federal law and international law. This changing political terrain creates the need for multiple interventions on different...
Journal Article
South Atlantic Quarterly (2015) 114 (4): 878–891.
Published: 01 October 2015
... political organizing and cultural persistence in the face of countless arbitrary enactments of colonial state laws seeking to undermine Indigenous sovereignty. In highlighting the culturally sovereign practices associated with Idle No More as fundamental to a resumptive pedagogy, interlaced by cultural...
Journal Article
South Atlantic Quarterly (2017) 116 (1): 195–206.
Published: 01 January 2017
... was shot dead along the side of the road in June 2015 while hunting with friends is part of an ongoing process of genocide in West Papua. Race, nationality, and class all help determine who has full personhood before the law. In pursuing the elusive promise of justice in West Papua, indigenous people...
Journal Article
South Atlantic Quarterly (2020) 119 (2): 371–391.
Published: 01 April 2020
.... Such reciprocity forms the basis of L nuwey [Indigenous worldview] family law, a complex set of obligations and benefits structured around the proper treat- ment of women, children, elders and other (human and non-human) kin. Simpson and Young theorize here how within Indigenous systems of gov- ernance, human...
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...
Journal Article
South Atlantic Quarterly (2008) 107 (4): 833–861.
Published: 01 October 2008
... the Indigenous Peoples’ Rights Declaration,” Indian Law Newsletter 15.3 (November 2007): 8, 18–19. 2 Jacques Derrida, “Force of Law: The ‘Mystical Foundation of Authority Cardozo Law Review 11.2 (1990): 925. On the constitution of law in the colonial context, see especially Nasser Hussain...
Journal Article
South Atlantic Quarterly (2009) 108 (1): 53–70.
Published: 01 January 2009
...) indigenous laws of representation. While this is an extraor- dinary story in itself—as are many aspects of the production history of this film—and it is discussed again below, it is unfortunate that it has led to the critical neglect of the washed-out color sections. These are the key to under...
Journal Article
South Atlantic Quarterly (2009) 108 (1): 27–51.
Published: 01 January 2009
... of intellectual property. However, intellectual property law reifies the exotic and special character of the indigenous, utilizing unique legal distinctions that work to promote and protect the commercial premium for “authen- tic” art, idealized as produced by “traditional” natives. The legal incorpo...
Journal Article
South Atlantic Quarterly (2020) 119 (2): 301–324.
Published: 01 April 2020
... for the accumulation of white wealth (see also Barker 2018, Karuka 2017). In Canada, there has also been a long spatial history of colonial policy, law, and practices that have structured the enrichment and class advantage of white settlers. Despite advances in legal rights to Indigenous peoples as a result...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 577–581.
Published: 01 April 2011
... served as legal consultant on a range of matters impact- ing indigenous peoples and currently serves on a number of related com- mittees, including the International Law Association’s Committee on the Rights of Indigenous Peoples and the Harvard University Native American Faculty Advisory Board...
Journal Article
South Atlantic Quarterly (2020) 119 (2): 205–213.
Published: 01 April 2020
... laws (Pasternak 2014), in the form of blockades, camps, checkpoints. And inevitably, this leads to confrontations in courts, and the application of the violent settler law of injunctions, as Ceric demonstrates in this volume. These are the sharp ends of the law, the encounters Indigenous peoples...
Journal Article
South Atlantic Quarterly (2004) 103 (2-3): 419–434.
Published: 01 July 2004
..., a billiard-ball essen- tialism. ‘‘Indigenous identities in Guatemala are effectively being narrated or codified through dominant legal discourses, specifically those of inter- national human rights law and multiculturalism. This has resulted in the projection of an essentialized, idealized, and atemporal...
Journal Article
South Atlantic Quarterly (2018) 117 (1): 157–178.
Published: 01 January 2018
..., RI , March 4–5 . https://palestinianstudies.files.wordpress.com/2015/12/amara-ahmad.docx . Amara Ahmad Abu-Saad Ismael Yiftachel Oren , eds. 2012 . Indigenous (In)Justice: Human Rights Law and Bedouin Arabs in the Naqab/Negev . Cambridge, MA : Harvard University Press...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 465–486.
Published: 01 April 2011
... that Haudenosaunee people negotiate our realities in relationship to sovereignty, Indigeneity, and the law. Unlike many contemporary scholars, Sotsisowah recognizes the pivotal role of Cayuga chief Deskaheh in his attempt to gain inter­ national recognition for the Haudenosaunee at the League...