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  • Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters

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    Series series Routledge Studies in Law and Sustainable Development
    This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and ... Read more

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    Indian Residential Schools, Truth Telling, and Reconciliation in Canada

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    The current Status criteria of theIndian Act contains descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants, which author Pamela Palmater argues will lead to the extinguishment of First Nations as legal and constitutional entities. Beginning with an historic overview of legislative enactments defining Indian status and their impact on ... Read more

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    These twelve essays constitute a groundbreaking volume of new work prepared by leading scholars in the fields of history, anthropology, constitutional law, political science, and sociology, who identify the many facets of what it means to be Métis in Canada today. After the Powley decision in 2003, Métis people were no longer conceptually limited to the historical boundaries of the fur trade in ... Read more

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    In 1879, a Canadian Blackfoot known as Spopee, or Turtle, shot and killed a white man. Captured as a fugitive, Spopee narrowly escaped execution, instead landing in an insane asylum in Washington, D.C., where he fell silent. Spopee thus “disappeared” for more than thirty years, until a delegation of American Blackfeet discovered him and, aided by the Commissioner of Indian Affairs, exacted a ... Read more

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  • Pagans in the Promised Land

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  • The Beginning and End of Rape

    Confronting Sexual Violence in Native America

    by Sarah Deer ...
    Winner of the Labriola Center American Indian National Book AwardDespite what major media sources say, violence against Native women is not an epidemic. An epidemic is biological and blameless. Violence against Native women is historical and political, bounded by oppression and colonial violence. This book, like all of Sarah Deer’s work, is aimed at engaging the problem head-on—and ending it.The ... Read more

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    Despite sweeping reforms by the Keating government following the 1991 Royal Commission into Aboriginal Deaths in Custody, the rate of Indigenous imprisonment has soared. What has gone wrong? In Arresting incarceration, Dr Don Weatherburn charts the events that led to Royal Commission. He also argues that past efforts to reduce the number of Aboriginal Australians in prison have failed to ... Read more

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  • First Nations Cultural Heritage and Law

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    Edited by Catherine Bell, Val Napoleon ...
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    First Nations Cultural Heritage and Law explores First Nations perspectives on cultural heritage and issues of reform within and beyond Western law. Written in collaboration with First Nation partners, it contains seven case studies featuring indigenous concepts, legal orders, and encounters with legislation and negotiations; a national review essay; three chapters reflecting on major themes; and ... Read more

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    A large and profitable Indigenous heritage management industry has emerged in the wake of the resources boom of recent decades, with thousands of Indigenous heritage impact assessments conducted every year. Yet few governments have successfully reformed heritage laws to accommodate native title rights, and conflict over site destruction is regularly front page news.The right to protect sites ... Read more

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  • Indigenous Peoples, Title to Territory, Rights and Resources

    The Transformative Role of Free Prior and Informed Consent

    Series series Routledge Research in Human Rights Law
    The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical ... Read more

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