3 Law’s Infidelity to Its Past: The Failure to Recognize Indigenous Jurisdiction in Australia and Canada

Kapitel in diesem Buch

1. Front Matter i
2. Contents v
3. Introduction 1
4. Sovereignty, Extinguishment, and Expropriation of Aboriginal Title
5. From the US Indian Claims Commission Cases to Delgamuukw: Facts, Theories, and Evidence in North American Land Claims 37
6. Social Theory, Expert Evidence, and the Yorta Yorta Rights Appeal Decision 53
7. Law’s Infidelity to Its Past: The Failure to Recognize Indigenous Jurisdiction in Australia and Canada 85
8. The Defence of Native Title and Dominion in Sixteenth-Century Mexico Compared with Delgamuukw 100
9. Beyond Aboriginal Title in Yukon: First Nations Land Registries 108
10. Native Land, Litigation, and Indigenous Rights
11. The “Race” for Recognition: Toward a Policy of Recognition of Aboriginal Peoples in Canada 125
12. The Sources and Content of Indigenous Land Rights in Australia and Canada: A Critical Comparison 146
13. Common Law, Statutory Law, and the Political Economy of the Recognition of Indigenous Australian Rights in Land 171
14. Claiming Native Title in the Foreshore and Seabed 185
15. Waterpower Developments and Native Water Rights Struggles in the North American West in the Early Twentieth Century: A View from Three Stoney Nakoda Cases 202
16. Conclusion 214
17. Acknowledgments 229
18. Selected Bibliography 230
19. Contributors 249
20. General Index 253
21. Index of Cases 262
22. Index of Statutes, Treaties and Agreements 265
23. Law and Society 268