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Modern Treaty Making and the Limits of the Law
In recent years, several Australian states have formally committed to treaty negotiations with the First Peoples whose traditional lands they claim. The emerging treaty processes in Australia build on both the comprehensive ...
The Sioux Tribes’ continuing opposition to the DAPL
Standing Rock Sioux Tribe v US Army Corps of Engineers (Standing Rock V) is the most recent in a series of cases where Sioux Tribes have challenged the legal authorisation for the Dakota Access Pipeline (“DAPL”) to protect ...
Agony, Exclusion and Colonial Reproduction: A critical examination of the Doctrine of Difference in Aotearoa New Zealand
This article examines how contemporary legal discourse perpetuates and reproduces colonial structures and some less risky alternatives. It does so through an inquiry into how First Peoples enter into legal relationships ...
How to Compute Compensation for the Extinguishment of Native Title in Australia: Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples
This note explains Northern Territory v Griffiths (‘Timber Creek’), which is a native title case concerning land valuation in the northwestern corner of Australia’s Northern Territory. It is an important case because it ...
Agony, Exclusion and Colonial Reproduction: A Critical Examination of the Doctrine of Difference in Aotearoa New Zealand
This article examines how contemporary legal discourse perpetuates and reproduces colonial structures and some less risky alternatives. It does so through an inquiry into how First Peoples enter into legal relationships ...
Class Actions, Crown Negligence, Immunities and Epidemics on Trial: AG v Strathboss [2020] NZCA 98
Might the Crown be held liable for permitting the incursion of a contagious disease into New Zealand, resulting in epidemic spread and significant economic loss? Should it be liable? While these questions might attract ...
Rights of Indigenous peoples: The Sioux tribe's opposition to the Dakota Access Pipeline: Standing Rock VI
Dr Stephen Young examines two 2020 judgments in the ongoing dispute about the Dakota Access Pipeline brought by Sioux Indigenous peoples. These judgments deal with whether the pipeline can be used while required environmental ...
Ngā ture o ngā iwi taketake/Wishes are not laws: McGirt v Oklahoma – one of the most important US Supreme Court cases of all time?
Stephen Young discusses the United States Supreme Court case of McGirt v Oklahoma, where the State of Oklahoma was found not to have jurisdiction to convict Jimcy McGirt for crimes committed on a Creek Reservation.
Computing Compensation for Extinguishing Native Title in Australia
This note explains Northern Territory v Griffiths [2019] HCA 7 (13 March 2019) (“Griffiths”), a methodologically complex and lengthy opinion, and why it is significant. Asa native title case concerning land valuation in ...