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  Subjects -> LAW (Total: 1221 journals)
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LAW (689 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 19)
Acta Politica     Hybrid Journal   (Followers: 13)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 19)
Administrative Law Review     Open Access   (Followers: 38)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 6)
African Journal on Conflict Resolution     Open Access   (Followers: 15)
Afrilex     Open Access   (Followers: 4)
Air and Space Law     Full-text available via subscription   (Followers: 18)
Akron Law Review     Open Access   (Followers: 3)
Al Ihkam : Jurnal Hukum & Pranata Sosial     Open Access   (Followers: 1)
Al-Ahkam     Open Access   (Followers: 1)
Alaska Law Review     Open Access   (Followers: 9)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 14)
Alternative Law Journal     Hybrid Journal   (Followers: 1)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 13)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 51)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 15)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 12)
American journal of legal history     Full-text available via subscription   (Followers: 4)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 15)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 12)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Arizona Law Review     Open Access   (Followers: 3)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 5)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 2)
Art + Law     Full-text available via subscription   (Followers: 11)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 10)
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 6)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 15)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 19)
Ave Maria Law Review     Free   (Followers: 2)
Badamai Law Journal     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 7)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 20)
Beijing Law Review     Open Access   (Followers: 7)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 11)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Bond Law Review     Open Access   (Followers: 17)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 8)
Boston College Law Review     Open Access   (Followers: 17)
Boston University Law Review     Free   (Followers: 10)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 7)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access  
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 2)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access  
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers, Droit, Sciences et Technologies     Open Access  
California Law Review     Open Access   (Followers: 19)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 2)
Cambridge Law Journal     Hybrid Journal   (Followers: 133)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 1)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Catholic University Law Review     Open Access   (Followers: 2)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 3)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 16)
China-EU Law Journal     Hybrid Journal   (Followers: 4)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 3)
Chinese Law & Government     Full-text available via subscription   (Followers: 6)
Cleveland State Law Review     Free   (Followers: 1)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 10)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 12)
Columbia Law Review (Sidebar)     Open Access   (Followers: 13)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 39)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 33)
Conflict Trends     Full-text available via subscription   (Followers: 8)
Cornell Law Review     Open Access   (Followers: 7)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 2)
Cuadernos de Historia del Derecho     Open Access   (Followers: 5)
Cuestiones Juridicas     Open Access   (Followers: 1)
Current Legal Problems     Hybrid Journal   (Followers: 25)
Danube : The Journal of European Association Comenius - EACO     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription  
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 1)
Denning Law Journal     Full-text available via subscription   (Followers: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 2)
DePaul Law Review     Open Access   (Followers: 1)
Der Staat     Full-text available via subscription   (Followers: 13)
Derecho PUCP     Open Access   (Followers: 3)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 3)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 6)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 6)
Duke Forum for Law & Social Change     Open Access   (Followers: 7)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 14)
Duke Law & Technology Review     Open Access   (Followers: 9)
Duke Law Journal     Open Access   (Followers: 25)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 1)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 20)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 22)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Ethnopolitics     Hybrid Journal   (Followers: 4)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
EU agrarian Law     Open Access   (Followers: 3)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 16)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 8)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 3)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 4)
European Law Journal     Hybrid Journal   (Followers: 122)
European Public Law     Full-text available via subscription   (Followers: 32)
European Review of Contract Law     Hybrid Journal   (Followers: 22)
European Review of Private Law     Full-text available via subscription   (Followers: 29)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 2)
Evaluation Review     Hybrid Journal   (Followers: 12)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 9)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 1)
Federal Law Review     Full-text available via subscription   (Followers: 20)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 3)
Florida State University Law Review     Open Access   (Followers: 3)
Fordham Environmental Law Review     Open Access   (Followers: 5)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 19)
Fordham Law Review     Open Access   (Followers: 13)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Fundamina : A Journal of Legal History     Open Access   (Followers: 7)
Geoforum     Hybrid Journal   (Followers: 21)
George Washington Law Review     Free   (Followers: 7)
Georgia Law Review     Open Access   (Followers: 1)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)
Global Labour Journal     Open Access   (Followers: 7)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)
Golden Gate University Law Review     Open Access   (Followers: 2)
Grey Room     Hybrid Journal   (Followers: 15)
Griffith Law Review     Hybrid Journal   (Followers: 12)
GSTF Journal of Law and Social Sciences     Open Access   (Followers: 2)

        1 2 3 4 | Last

Journal Cover Australian Indigenous Law Review
  [15 followers]  Follow
    
   Full-text available via subscription Subscription journal  (Not entitled to full-text)
   ISSN (Print) 1835-0186
   Published by RMIT Publishing Homepage  [403 journals]
  • Volume 19 Issue 2 - Reciprocal accountability and fiduciary duty:
           Implications for indigenous health in Canada, New Zealand and Australia
    • Abstract: Kornelsen, Derek; Boyer, Yvonne; Lavoie, Josee; Dwyer, Judith
      There is growing interest among public servants, Indigenous organisations, and scholars in Canada, Australia, and New Zealand in the idea of shifting from classical New Public Management accountability models to models that reflect mutual or reciprocal accountability as a means of delivering more effective and responsive health care to Indigenous communities. However, little progress has been made with respect to developing and implementing workable reciprocal accountability models. In this paper, we argue that a consideration of Indigenous perspectives on reciprocity and accountability is an essential, yet mainly overlooked, component of the development of effective and appropriate accountability models between Indigenous peoples and statebased funders. Indeed, many Indigenous peoples have long histories of engaging in reciprocity-based relationships with each other and their environments. Drawing from Indigenous knowledge in this regard offers novel insights that can inform how models of reciprocity are constructed and understood. More specifically, we argue that consideration of Indigenous perspectives on treaties and treaty-making as a way to interpret the substance of mutual roles and responsibilities enables a shift to models of reciprocal accountability that are based on the mutual building of long-term, trust-based relationships, while also providing a frame that emphasises the maintenance of the sovereignty of the entities that are party to such relationships.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 2 - Placing country at the centre: Decolonising justice
           
    • Abstract: Blagg, Harry; Tulich, Tamara; Bush, Zoe
      After decades of neglect, attention in Australia has recently focused on the inter-generational impact of longterm alcohol use in the form of Foetal Alcohol Spectrum Disorders ('FASD'), and the lack of responsiveness of the justice system to the needs of persons with FASD. FASD is a non-diagnostic umbrella term encompassing a spectrum of disorders caused by prenatal alcohol exposure, including Foetal Alcohol Syndrome ('FAS'), Partial FAS ('pFAS') and alcohol-related neurodevelopmental disorder. While Australian data is limited, the prevalence of FASD in Indigenous communities is indicatively greater than non- Indigenous communities. In 2015, rates of FAS/pFAS of 12 per 100 children were reported in Fitzroy Crossing in the West Kimberley region of Western Australia.4 This is the highest reported prevalence in Australia and on par with the highest rates internationally.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 2 - Judicial indigenous cross-cultural training: What is
           available, how good is it and can it be improved?
    • Abstract: Cavanagh, Vanessa; Marchetti, Elena
      Australian Indigenous focused cross-cultural professional development for the judiciary is an evolving area. In other professional service sectors, such as health and education, cultural safety is becoming the benchmark. However, for the Australian justice sector cultural awareness, and to a lesser extent cultural competency, dominate discussion, and cultural safety is only an emerging discourse. Most judicial officers (indeed most Australian public servants and legal practitioners) would be familiar with the concept of Indigenous cultural awareness as part of their standard professional development training, however, the significance of cultural competency, and the application of cultural safety principles are less well recognised. This paper documents the extent to which Australian judges and magistrates are trained or guided in accommodating the cultural needs of Indigenous courtroom participants. In particular, we review and critique the extent to which Indigenous specific cross-cultural education (in the form of short courses, seminars, conferences, cultural immersion tours, site visits, and as contained in bench books) is currently available for Australian judicial officers. In documenting current practice, we consider whether cultural awareness, cultural competency or cultural safety can be achieved by way of current judicial training and court practice guidelines. Taking into account the experiences of all Indigenous participants in the courtroom, as well as the fact that the over-representation of Indigenous offenders in the Australian criminal justice system continues to be a significant and complex issue, we conclude that it is necessary for judicial officers to be equipped with the capacity to ensure that their courtrooms are culturally safe when having to accommodate the needs of all Indigenous participants.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 2 - Indigenous young people and the NSW children's court:
           Magistrates' perceptions of the court's criminal jurisdiction
    • Abstract: Bartels, Lorana; Bolitho, Jane; Richards, Kelly
      This article presents the findings of a component of the National Assessment of Australia's Children's Courts (the 'national study'). Specifically, this article focuses on the perceptions of magistrates in the New South Wales (NSW) Children's Court ('NSWCC' or the 'Court') in relation to the issues facing Indigenous young people in the Court's criminal jurisdiction generally, and the potential of Indigenous youth courts more specifically. Part II outlines the method for the national study from which this article stems, as well as the method for the NSW component of the study. Part III provides an analysis of NSWCC magistrates' perceptions of challenges and reforms in the Court's criminal jurisdiction as they relate to Indigenous young people specifically, and discusses our analysis in light of findings from the national study from other states and territories. Finally, Part IV briefly considers the key findings of our analysis in light of the current Koori Youth Court pilot.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 2 - The 2016 Sir Frank Kitto lecture: Whither native
           title?
    • Abstract: Webb, Raelene
      '[T]he Meriam people are entitled as against the whole world to possession, occupation, use and enjoyment of the lands of the Murray Islands.' On 3 June 1992, with those words, it is said that the High Court freed Australia from the concept of 'terra nullius'. The decision in 'Mabo' that the common law recognised and protected Indigenous rights in land that existed at the time Britain acquired sovereignty was truly a watershed moment in Australian legal history, shaking the foundation of land law on which British claims to possession of Australia were based.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 2 - 'Two systems of law side by side': The role of
           indigenous customary law in sentencing
    • Abstract: Maxwell, Jack
      Customary law is an integral part of the lives and identities of Indigenous people across contemporary Australia. But its existence alongside Australian criminal law raises complex questions of law and political morality. It seems difficult to reconcile these two systems of law with the principle that all Australians stand equal before the law, and the intuition that people should not be subjected to different criminal sanctions on the basis of race or ethnicity.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 2 - Incarcerating aboriginal and Torres Strait Islander
           women in Australia: Finding a balance in defining the 'just prison'
    • Abstract: Leeson, Sjharn; Rynne, John; Smith, Catrin; Adams, Yolonda
      The over-representation of First Peoples, generally, and women specifically, in Australian prisons is beyond debate. However, Australia has seen a revalorisation of the prison and punitive measures like incarceration as the primary solution to social problems and social disadvantage, despite an array of abolitionist and prison rights campaigns, particularly across New South Wales and Victoria, that have impacted upon governmental and correctional penal reform policies.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 2 - 'Pilki' and 'Birriliburu': Commercial native title
           rights after 'Akiba'
    • Abstract: McCabe, Patrick
      The failure of Australian native title jurisprudence to develop any scope for the recognition of commercial native title rights has been much lamented. This article first briefly summarises that failure, and then turns to describe the Akiba litigation that culminated in the High Court's 2013 decision of 'Akiba v Commonwealth' ('Akiba HC'), and explains how that decision presents an opportunity at last to develop the jurisprudence in a direction more amenable to the recognition of commercial native title rights. I briefly note that the opportunity has not been seized in some recent native title judgments, probably because they were mostly argued prior to 'Akiba HC', before proceeding to discuss the 2014 Federal Court cases of 'Willis on behalf of the Pilki People v Western Australia' ('Pilki'), and 'BP (deceased) on behalf of the Birriliburu People v Western Australia' ('Birriliburu'), the former of which has now been upheld by the Full Court of the Federal Court. These decisions represent the first fruit of the tortuously slow development of the jurisprudence in this area. This article attempts to glean some lessons from those cases that can be applied to future claims for commercial native title rights, before finally looking to the practical ramifications of this development in the law.

      PubDate: Fri, 20 Jan 2017 18:11:17 GMT
       
  • Volume 19 Issue 1 - Indigenous child welfare post bringing them home: From
           aspirations for self-determination to neoliberal assimilation
    • Abstract: Libesman, Terri
      In 1997 the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families ('National Inquiry') released its report 'Bringing Them Home ('BTH')'. The National Inquiry found that almost every Indigenous family in Australia is affected by former government policies which enabled the removal of children from their families on the basis of their Indigeneity. About a third of 'BTH' addresses contemporary removals under child welfare, juvenile justice and family law. The National Inquiry found that human rights based law and policy reforms must be implemented to ensure that Indigenous families and communities in Australia never again suffer the forcible removal of their children because of their ethnicity.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - Surveillance, stigma, removal: Indigenous child
           welfare and juvenile justice in the age of neoliberalism
    • Abstract: Cunneen, Chris
      This article explores the changes in Indigenous child welfare and juvenile justice in the context of neoliberalism. Neoliberalism is associated with a free market economy involving deregulation, government austerity, free trade and privatisation. One outcome of this has been the greater concentration of wealth and power. This paper is primarily concerned with the values and ideas that underpin neoliberalism. It is argued that neoliberalism has seen a disavowal of colonialism in understanding both child welfare and juvenile justice and is fundamentally assimilationist when it comes to Indigenous people. Two issues in particular stand out when considering the transformation of child welfare and juvenile justice under neoliberalism. The first is the role of managerialism and the related ascendancy of risk-thinking. The second is the rise of responsibilisation and welfare conditionality and its links with criminalisation. Both have led to a growing punitiveness in responses to Indigenous children.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - Neoliberalism, settler colonialism and the history of
           indigenous child removal in Australia
    • Abstract: Haebich, Anna
      The publication in 1997 of the 'Bringing Them Home Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families', was a crucial breakthrough in recognition of the genocidal treatment of Indigenous children in Australian history. Tony Birch commented at the time that the public emotional outpourings that followed were 'a reaction of the moment', and he cited Slavoj Zizek's observation that 'in order to forget an event, we must first summon up the strength to remember it properly'. For some white historians, remembering 'properly' began with the commitment to painstakingly research and document the systematic forced removals in settler colonial history. For many remembering 'properly' was ignited by Indigenous testimony to the National Inquiry and reading published autobiographies,5 whose ways of telling and remembering challenge the discourse of western historiography and illuminate the resilience of generations of Indigenous individuals, families and communities.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - Social movements and the law: Addressing engrained
           government-based racial discrimination against indigenous children
    • Abstract: Blackstock, Cindy
      Is the law enough to end longstanding racial discrimination perpetrated by a government against Indigenous children or do legal cases need to be situated in a social movement? The Canadian Human Rights Tribunal ('Tribunal') retains jurisdiction in a case brought by the First Nations Child and Family Caring Society ('Caring Society'), and the Assembly of First Nations, alleging the Canadian Government's provision of flawed and inequitable child welfare services on reserves is racially discriminatory contrary to the Canadian Human Rights Act, RSC 1985, c H-6.3 In January 2016, the Tribunal issued a landmark decision substantiating the complaint, and ordering Aboriginal Affairs and Northern Development Canada ('AANDC') to remedy the discrimination. However, a binding Tribunal order in the children's favor may not be enough to improve the children's lives as the Canadian government has vigorously fought this case using a plethora of legal, and on three occasions illegal, strategies to try to derail the case.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - Foreword
    • Abstract: Libesman, Terri
      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - Lessons from the United States on building more
           effective means of addressing indigenous child welfare issues
    • Abstract: Tatum, Melissa L
      As is unfortunately true for Indigenous children around the world, the statistics describing American Indian and Alaska Native children are devastating. Thirty-six percent of American Indian and Alaska Native children live below the poverty line, as compared to 22 per cent for the population as a whole. Native children have the highest rates of mental health and substance abuse problems; the highest rate of alcohol abuse, the highest rate of gang involvement, and the highest rate of victimisation. Native youth in the U.S. are twice as likely to commit suicide as white youth and three times as likely to commit suicide as other minority youth.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - Child wellbeing and protection as a regulatory system
           in the neoliberal age: Forms of aboriginal agency and resistance engaged
           to confront the challenges for aboriginal people and community-based
           aboriginal organisations
    • Abstract: Howard-Wagner, Deirdre
      Nearly 20 years ago, 'Bringing Them Home' acknowledged that, while varying in their aspirations, capacities and awareness of options, community-based Aboriginal organisations are best placed to provide for the wellbeing of Aboriginal families, children and young people. Today, the 'promising practices' of many community-based Aboriginal organisations continue to evidence their important, nonpareil role, which extends beyond functional service delivery - including intercultural mediation between Aboriginal peoples and the state, reconciling the two domains - while achieving the aspirations of Aboriginal people and communities who aspire for a 'deep transformation' of the child wellbeing and protection system. Nonetheless, recognition of the capacity of communitybased Aboriginal organisations still remains under-realised and services relating to the wellbeing and protection of the Aboriginal child and young person remain fragmented.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - The protection of cultural identity in aboriginal and
           Torres Strait islander children exiting from statutory out of home care
           via permanent care orders: Further observations on the risk of cultural
           disconnection to inform a policy and legislative reform framework
    • Abstract: Cripps, Kyllie; Laurens, Julian
      Aboriginal and Torres Strait Islander children continue to be significantly overrepresented across all age groups in the Australian Out-of-Home Care system ('OOHC'). Recent data from the Australian Institute of Health and Welfare paints a worrying trend. From 2010 to 30 June 2015, the rate by which Indigenous children were placed in OOHC care rose from 40.4 to 52.5 per 1000 children. For the same period, the non-Indigenous rate rose only slightly from 5.1 to 5.5 per 1000 children. This disparity was evident across all jurisdictions, though there were fluctuations. Overall, nationally the rate of Indigenous children entering OOHC was 9.5 times that for non-Indigenous children. Of the 43 399 children in OOHC at June 2015, 15 455 were Aboriginal or Torres Strait Islander.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 19 Issue 1 - Situating the erosion of rights of indigenous children
    • Abstract: Briskman, Linda
      The paper discusses rights erosion affecting Indigenous children, past and present. It does so by first examining normative human rights exclusions and their impacts. It then turns to discussing how exclusion from core human rights has created systemic exceptionalism. Systematic exceptionalism is demonstrated by examining: first, how Indigenous peoples have been 'banished' from the rights accorded to others, including through physical exile and denigration of identities; and second, how racism and its underpinning of white privilege have been markers of rights erosion in post-colonial Australia. The paper concludes by ruminating on the future. It contemplates whether emotional responses to Indigenous children might be a forerunner to a transformative approach that is emancipatory for Indigenous children and families. Such an approach calls for a new type of conversation that may create more effective engagement of the mainstream with Indigenous Australians and organisations that represent them. It also accords with the way Indigenous peoples have shown they can walk in the shoes of others, an ethic from which non-Indigenous societies can learn.

      PubDate: Mon, 28 Nov 2016 20:25:20 GMT
       
  • Volume 18 Issue 2 - Human Safaris: A foucauldian alternative to the law's
           treatment of the indigenous Andaman Jarawa
    • Abstract: Liljeblad, Jonathan
      In early 2012 international news media released a series of videos showing 'human safaris' in India's Andaman Islands in which tourists and tourism operators enticed members of the Indigenous Jarawa people to dance in exchange for food. The videos incited international furore over what appeared to be an act of exploitation that treated the Jarawa as exhibits for tourist amusement and led to allegations that the 'human safaris' constituted violations of international human rights law as well as India's own laws regarding the treatment of Indigenous peoples. The resulting outcry resulted in calls for the Indian state to take action to rectify the plight of the Jarawa in 'human safaris.' Such calls, however, require determination of antecedent questions regarding: 1) what aspects of the tourists' relations with the Jarawa are problematic; and 2) what state actions are preferable in addressing such problems. These questions are of a normative nature in that they involve issues about what constitutes 'appropriate' interactions between tourists and the Jarawa that direct what the government's policies and laws should be seeking in its treatment of India's Indigenous peoples. This suggests that the Indian state can find guidance in formulating a response to the issue of 'human safaris' by a consideration of the normative aspects of the issues involving tourist relations with the Jarawa.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Foreword
    • PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - The role of state governments in native title
           negotiations: A tale of two agreements
    • Abstract: O'Neill, Lily
      A key question in contemporary Australian Aboriginal policy is how to turn wealth derived from resource extraction on Aboriginal land into economic and social prosperity. Large amounts of mineral wealth are being extracted from or near Aboriginal communities, yet Aboriginal people continue to be less educated, live shorter lives and pass on less wealth to their children than their non-Aboriginal counterparts. One method used by Australian Aboriginal people to redress this paradox of 'poverty in the midst of plenty' is agreement-making through negotiation with resource companies. This has been shown to reap great benefits for Aboriginal groups. It has also been demonstrated, however, that traditional owners can encounter significant pitfalls when negotiating agreements with resource companies. This agreement making is largely conducted pursuant to legislation - the 'Native Title Act 1993' (Cth) ('Native Title Act') and land rights legislation - although it can also occur where there is no legislative imperative.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Invisible female indigenous offenders in the youth
           justice system: What's the problem?: An illustration from the northern
           territory perspective
    • Abstract: Ng, Clement
      Aboriginal girls have been regarded as victims in recent years, with many studies examining the systemic abuses and widespread disadvantages in Indigenous communities. However, little is known about their tendency to become perpetrators of crime and their actual involvement in the criminal justice system as offenders. One obvious explanation is that most offences are committed by male youths. In the Northern Territory context, juvenile offenders are mostly Indigenous males. Because of the dominance of Indigenous male delinquents in the youth justice jurisdiction, the experiences of Indigenous female offenders are arguably marginalised and rendered 'invisible'.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Australia's reconciliation process in its
           international context: Recognition and the health and wellbeing of
           Australia's Aboriginal and Torres strait islander peoples
    • Abstract: Davis, Megan
      Australia's reconciliation process is unlike any other in the world. Eschewing the twin pillars of truth and justice - the foundation of reconciliation movements globally - post- 2001 the debate has almost singularly focused on citizenship rights. Reconciliation Action Plans (RAPs) developed by Reconciliation Australia (the post-reconciliation-era entity created to continue the work of reconciliation) are targeted at improving the disparity in employment outcomes in the private and public sector. However, this approach has ostensibly replaced the 'unfinished business' between the state and Aboriginal and Torres Strait Islander peoples, as the core business of reconciliation. The focus on citizenship rights and statistical equality - particularly evident in the post-Howard era - as opposed to Indigenous rights, has permitted the nation to delay and avoid the uncomfortable conversations required to address the anguished disengagement of the first peoples.3 The proliferation of RAPs to the exclusion of the bread and butter of reconciliation movements, truth and justice, is uniquely Australian. It continues despite the displeasure of many with the current reconciliation agenda and RAPs supplanting the aspirations of Aboriginal and Torres Strait Islander peoples which are the genesis of the reconciliation movement. The taxpayerfunded campaign for constitutional recognition, Recognise, similarly animates disquiet within the indigenous polity that Australia is seeking to recognise in the Constitution.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Indigenous communities, environmental protection and
           restorative justice
    • Abstract: White, Rob
      The aim of this article is to discuss the application of restorative justice in the NSW Land and Environment Court ['Land and Environment Court'] in a case dealing with environmental harm that affected a specific Indigenous community. This case is important for several reasons, not the least of which because it remains the only instance in which the Land and Environment Court has utilised restorative justice as part of its proceedings. Of particular interest, as well, is that the case brings to attention several issues pertaining to the status of the non-human victim as well as the human in instances involving environmental harm. These are explored in the latter part of this paper.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Should the Australian constitution establish an
           indigenous advisory body?
    • Abstract: Williams, George
      Australia's long-running debate on whether to recognise Aboriginal and Torres Strait Islander peoples in the nation's Constitution has been shaped by two central ideas. The first is that Indigenous peoples should be recognised by inserting new text into the Constitution that, by way of symbolic language, acknowledges them and their long and continuing habitation of Australia's lands and waters. For example, the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples suggested in its final report that the following words be included in the Constitution to preface a new federal power with respect to Indigenous peoples.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Constitutionalising an indigenous voice in Australian
           law-making: Some institutional design challenges
    • Abstract: Appleby, Gabrielle
      There is currently bipartisan support for Indigenous recognition in Australia. A poll released by Recognise in May 2015 indicates that 75 per cent of Australian voters would support constitutional recognition for Indigenous peoples.1 However, there remains division over the proposed model for constitutional recognition. It is generally accepted that recognition must be more than symbolic. A positive statement of recognition must be accompanied by a guarantee in some form that the Commonwealth will not be able to discriminate against Indigenous peoples. Discrimination and failure of recognition scar Australia's history and it is important that the amendment prevents this from occurring in the future.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Indigenous recognition, race and section 51(XXVI):
           Constitutional law conundrums and possibilities
    • Abstract: McAnearney, Lisa
      A unique and historic opportunity to 'recognise' Aboriginal and Torres Strait Islander peoples (Indigenous Australians) in the Commonwealth Constitution1 beckons. This recognition would serve as a positive step in the 'journey to perfect [the Australian Commonwealth] and the unity it is intended to represent.' Constitutional recognition of Indigenous Australians aims to achieve two broad goals: the 'righting of historic wrongs' and the removal of 'racebased provisions' from the Constitution.3 The fulfilment of these important national goals involves solving complex and varied constitutional law conundrums.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 18 Issue 2 - Lessons from New Zealand: Towards a better working
           relationship between indigenous peoples and the state
    • Abstract: Morris, Shireen
      This paper examines the ways in which Maori are recognised through New Zealand's legal and political institutions, and draws lessons that are applicable to the complex challenge of Indigenous constitutional recognition in Australia. It argues that Indigenous recognition can occur through constitutional reform, but also through institutional and legislative reform: recognition could be a package of constitutional and other reforms. The New Zealand example demonstrates that Indigenous recognition seeks to address the functional, working relationship between Indigenous peoples and the state, to make it fairer than it has been in the past. It shows that Indigenous recognition can and should be practical and ongoing, rather than purely symbolic and static.

      PubDate: Mon, 7 Mar 2016 22:09:04 GMT
       
  • Volume 15 Issue 2 - Balancing symbolism and function in constitutional
           preambles: A reply to Twomey
    • Abstract: Kildea, Paul
      The proposal to recognise Aboriginal and Torres Strait Islander peoples in a preamble to the Australian Constitution presents a number of unique challenges. Some, as Anne Twomey notes in this volume in her comprehensive and cogent analysis of the subject, are technical and structural in nature. Others concern the task of dealing with likely disagreement over the preamble's contents. The focus of this short comment, however, is on a third category of challenge that arises from a need to manage the potential tension between the symbolic and functional purposes of a constitutional preamble. After outlining what these purposes are, I argue that the tension between the two will be particularly acute with respect to Indigenous recognition. In line with Twomey, I suggest that, while there are no easy means of reconciling symbolism and function, the best approach may be to ensure that any preambular reform is advanced simultaneously with substantive amendments. I conclude with a brief assessment of the Expert Panel's recommendation to forego a new or amended preamble in favour of inserting a statement of recognition into the body of the Constitution.

      PubDate: Fri, 14 Dec 2012 09:22:45 GMT
       
  • Volume 15 Issue 2 - Indigenous lands and constitutional reform in
           Australia: A Canadian comparison
    • Abstract: Stephenson, Margaret
      With a sentiment currently growing in Australia that the Constitution requires updating to echo the actuality of Australia in the 21st century, it is timely to reflect on the constitutional recognition of the rights of the Aboriginal and Torres Strait Islander peoples. Recognition of Aboriginal and Torres Strait Islander peoples in Australia's Constitution will provide the foundation for their future participation in the Australian nation. At present, no constitutional protection is afforded to the rights (including land rights) of the Aboriginal and Torres Strait Islander peoples in the Australian Constitution. The area of recognition and protection upon which I will focus in this paper is that in relation to Indigenous rights and title to land. Various forms of recognition and purported protection for Indigenous rights have been included in various nations' constitutions around the world. One constitutional model that has been judicially interpreted as affording recognition and protection of Aboriginal rights to land is that contained in Part 11 of the Canadian Constitution Act 1982. It is this model that I will examine, so as to determine the appropriateness of adopting a version of it in the Australian context.

      PubDate: Tue, 4 Dec 2012 11:21:35 GMT
       
  • Volume 15 Issue 2 - Section 51(xxxi) and the acquisition of property under
           commonwealth-state arrangements: The relevance to native title
           extinguishment on just terms
    • Abstract: Brennan, Sean
      In 1988 the Australian people were asked to support the extension of the constitutional requirement of just terms to persons whose property was acquired under the law of a state or territory, and not just a law of the Commonwealth. The amendment was soundly defeated on a day when four separate referendum proposals all failed. The true level of public support for the idea was, however, impossible to gauge due to the way in which the question was presented as part of a larger package.

      PubDate: Tue, 4 Dec 2012 11:21:35 GMT
       
  • Volume 15 Issue 2 - Equality for indigenous peoples in the Australian
           constitution
    • Abstract: Charlesworth, Hilary; Durbach, Andrea
      From a human rights perspective, the text of the Australian Constitution is bleak. It contains little protection for individual rights or group rights, focussing instead on the rights of the states and the Commonwealth. The individual rights that are included, such as that to trial by jury, are constricted and technical; they appear incidental to the main game of designing a federal polity. There is in particular little interest in concepts of equality and non-discrimination between people or groups of people, except in the limited context of religious discrimination for public office in the Commonwealth, and discrimination by states against residents of other states. Indeed, the Constitution enshrines race as a legitimate category of distinction between people.

      PubDate: Tue, 4 Dec 2012 11:21:35 GMT
       
  • Volume 15 Issue 2 - Replacing the race power: A reply to pritchard
    • Abstract: Lino, Dylan
      Being in almost total agreement with the views of a distinguished scholar on which one is supposed to be commenting is both a welcome relief and an unfortunate predicament. It is a relief because it means the commentator is not forced into saying anything that is too controversial. It is a predicament because it leaves the commentator wracking their brains for something intelligent to say that hasn't already been said more eloquently. Reading Dr Sarah Pritchard's rich and wide-ranging discussion left me feeling, in equal parts, relieved and predicament-bound.

      PubDate: Tue, 4 Dec 2012 11:21:35 GMT
       
  • Volume 15 Issue 2 - The 'race' power in section 51(xxvi) of the
           constitution
    • Abstract: Pritchard, Sarah
      In this article, I first consider the discriminatory origins of the Australian Constitution generally, and section 51(xxvi) in particular. This is because, in my view, the case for the removal of section 51(xxvi), and its replacement with a particular head of power with respect to Aboriginal and Torres Strait Islander peoples, can best be fully comprehended once it is appreciated that the birth of the nation was attended by racially discriminatory sentiment. A reading of the Constitutional Convention debates of the 1890s makes clear that the framers intended section 51(xxvi) to be a source of power for the enactment by the Commonwealth Parliament of racially discriminatory laws with respect to the people 'of any race ... for whom it is deemed necessary to make special laws'. Those people were those of 'coloured races'. The 'aboriginal natives' were beyond the reach of the discriminatory head of Commonwealth power.

      PubDate: Tue, 4 Dec 2012 11:21:35 GMT
       
  • Volume 15 Issue 2 - The constitutional commission and Australia's first
           inhabitants: Its views on agreement making and a new power to legislate
           revisited
    • Abstract: Lindell, Geoffrey
      In its Final Report the Australian Constitutional Commission quoted the following remarks of Sir Robert Menzies, Australia's longest serving Prime Minister, on the nature of a constitution: A written Constitution is an expressed scheme of government designed to give a basic structure in a changing world; not designed to inhibit growth in a growing world, nor to make the contemporary world subject to the political, social, or economic ideas of a bygone age [A] Constitution is not a strait-jacket: it is a frame of government.

      PubDate: Tue, 4 Dec 2012 11:21:35 GMT
       
  • Volume 15 Issue 2 - The preamble and indigenous recognition
    • Abstract: Twomey, Anne
      The Expert Panel on the Recognition of Indigenous Australians recently considered the many ways in which Aboriginal and Torres Strait Islander peoples could be recognised in the Constitution. The Expert Panel's Discussion Paper1 set out seven ideas, including a statement of recognition in the body of the Constitution, a statement of recognition and values in the body of the Constitution, the amendment or repeal of the race power in section 51(xxvi) of the Constitution, the repeal of section 25 of the Constitution and the insertion of an agreement-making power in the Constitution.

      PubDate: Tue, 4 Dec 2012 11:21:35 GMT
       
  • Volume 15 Issue 2 - Foreword
    • Abstract: Davis, Megan; Lynch, Andrew
      PubDate: Tue, 4 Dec 2012 11:21:35 GMT
       
  • Volume 15 Issue 2 - Acknowledgments
    • PubDate: Tue, 4 Dec 2012 11:21:35 GMT
       
  • Volume 15 Issue 1 - Twenty years of monitoring since the royal commission
           into aboriginal deaths in custody: An overview by the Australian institute
           of criminology
    • Abstract: Beacroft, Laura; Lyneham, Mathew; Willis, Matthew
      The Royal Commission into Aboriginal Deaths in Custody ('RCIADIC') was established in 1987 by the Australian Parliament in response to concerns over the deaths of Indigenous people in custody. It examined the circumstances surrounding the deaths in prison or police custody of 99 Indigenous people between 1 January 1980 and 31 May 1989. The RCIADIC found the rate of death in custody was not higher among Indigenous people in custody than among non-Indigenous people in custody. Rather, the fundamental issue was the extent to which Indigenous Australians were over-represented in their contact with the criminal justice system, the Royal Commission concluding that '[t]oo many Aboriginal people are in custody too often.'

      PubDate: Wed, 24 Oct 2012 10:13:13 GMT
       
  • Volume 14 Issue 2 - R v Woods
    • Abstract:
      On 11 June 2010, two Aboriginal residents of Alice Springs, Graham Woods and Julian Williams, pleaded not guilty to the murder of Edward Hargraves, a non-Aboriginal person. The accused were remanded to stand trial on 14 September 2010 at the Supreme Court in Alice Springs. However, the accused applied to change the venue of the trial from Alice Springs to Darwin due to a perceived risk that they would not receive a fair trial. In July 2010, Blokland J rejected this change of venue application and confirmed that the trial would commence as initially planned (see Woods & Williams v The Queen [2010] NTSC 36).

      PubDate: Sat, 6 Oct 2012 13:48:24 GMT
       
  • Volume 14 Issue 2 - Yellowknives Dene First Nation v Canada (Attorney
           General)
    • Abstract:
      The Mackenzie Valley Land and Water Board ('respondents') issued a mining and exploration permit to North Arrow Minerals on land that was subject to Yellowknives Dene First Nation ('applicants') interests. In so issuing, the respondent relied on the assertions of North Arrow and Indian and Northern Affairs Canada ('INAC') that the Akaitcho Dene First Nations ('ADFN') had been consulted, without verifying with the applicants themselves. Prior to the issuance of the permit, North Arrow were told by the Board that consultation with the applicants was required.

      PubDate: Sat, 6 Oct 2012 13:36:08 GMT
       
  • Volume 14 Issue 2 - The Maya Leaders Alliance and the Toledo Alcaldes
           Association v the Attorney General of Belize and the Minister of Natural
           Resources and Environment
    • Abstract:
      The case follows the judgment of the Supreme Court of Belize delivered on 18 October 2007, in which the customary land rights of the Maya communities in Southern Belize were held to have subsisted in light of the traditional use and occupation thereof (the 'Maya Land Rights Case'). The present claim was essentially predicated on the basis that the respondents had breached the constitutional protections afforded to the customary land rights so recognised via their failure to establish appropriate statutory and administrative mechanisms required to identify and protect these customary rights.

      PubDate: Sat, 6 Oct 2012 13:33:23 GMT
       
  • Volume 14 Issue 2 - Tongoane v National Minister for Agriculture and Land
           Affairs (South Africa)
    • Abstract:
      When the Parliament of South Africa enacted the Communal Land Rights Act 2004 (South Africa) ('CLARA'), its purported intention was to fulfil its restitutionary obligation under s 25(6) of the Constitution, whereby communities or persons denied land rights under the racist policies of apartheid were entitled to secure legal tenure or comparable redress. However, on 30 October 2009 the North Gauteng High Court ('the High Court') declared certain provisions of CLARA constitutionally invalid as they threatened to displace existing Indigenous systems of land administration, thereby undermining rather than enhancing security of tenure.

      PubDate: Sat, 6 Oct 2012 13:30:41 GMT
       
  • Volume 14 Issue 2 - Kennedy v NSW Minister for Planning
    • Abstract:
      The applicant challenged the validity of two consents to modify a major project approval under s 75W of the Environmental Planning and Assessment Act 1979 ('EPA Act'). The project approval was for a 181 lot subdivision at Sandon Point. Sandon Point is a culturally significant area for Aboriginal people. The modifications allegedly took away a number of conditions relating to the protection of Aboriginal cultural heritage.

      PubDate: Sat, 6 Oct 2012 13:28:41 GMT
       
  • Volume 14 Issue 2 - Cumulative Index
    • PubDate: Sat, 6 Oct 2012 12:56:01 GMT
       
  • Volume 14 Issue 2 - Beckman v Little Salmon/Carmacks First Nation
    • Abstract:
      After many years of negotiation, in 1997 the Little Salmon/ Carmacks First Nation ('LSCFN') concluded a modern comprehensive land claims treaty with the Yukon and Federal governments of Canada. In 2001 Mr Larry Paulsen made an application for an agricultural land grant over land that formed part of the traditional territory of the LSCFN. The land subject to the application had, under the LSCFN treaty, been surrendered to the Crown by the LSCFN, though LSCFN members retained a treaty right of access to hunt and fish for subsistence purposes.

      PubDate: Wed, 3 Oct 2012 13:48:15 GMT
       
  • Volume 15 Issue 1 - The royal commission into aboriginal deaths in custody
           and the duty of care owed to prisoners in South Australia
    • Abstract: Charles, Chris
      Twenty years ago, the National Report of the Royal Commission into Aboriginal Deaths in Custody1 ('RCIADIC') was released. The RCIADIC investigated the excessively high numbers of deaths of Aboriginal people in custody. The conclusion was that, although per capita Aboriginal people in custody were not dying at a significantly higher rate than non-Aboriginal people, the rate of death in custody was excessively high and the incarceration rate of Aboriginal people was much higher than for non-Aboriginal people. The National Report spanned five volumes and included 339 recommendations to state, federal and territory governments. The purpose of the recommendations was to reduce both the rate of incarceration and the number of deaths in custody. This paper examines the duty and standard of care owed to prisoners, an important aspect of the National Report.

      PubDate: Tue, 15 May 2012 09:19:12 GMT
       
  • Volume 15 Issue 1 - Substandard: Cultural awareness training of police in
           Victoria
    • Abstract: Victorian Aboriginal Legal Service Co-operative Ltd
      The relationship between police and the Aboriginal community has been a tenuous one since first encounters. Since the days of invasion, Aboriginal communities' interactions with police have been largely negative. This problematic relationship was highlighted by the Royal Commission into Aboriginal Deaths in Custody ('RCIADIC'), which noted that the 'circumstances which gave rise to this Commission illustrate starkly the extent to which Aboriginal people regard police as enemies'. To address the need for change in relations between Aboriginal peoples and police, the RCIADIC made a suite of recommendations, revealing just how entrenched the problem was.

      PubDate: Tue, 15 May 2012 09:19:12 GMT
       
  • Volume 15 Issue 1 - 'Justice must be seen to be done': The investigation
           of Mulrunji Doomadgee's death
    • Abstract: Campbell, Fiona
      Recommendations from the Royal Commission into Aboriginal Deaths in Custody1 ('RCIADIC') have influenced the structural response to complaints against the Police and investigations into deaths in custody. However the recommendations are not always adhered to by those investigating. Some of the reasons for this are examined in this article.

      PubDate: Tue, 15 May 2012 09:19:12 GMT
       
  • Volume 15 Issue 1 - The coroner's recommendation: Fulfilling its
           
    • Abstract: Brazil, Raymond
      Coroners Acts in New South Wales ('NSW') and the Australian Capital Territory ('ACT') confer on coroners jurisdiction to conduct inquests into certain kinds of death. As the outcome of a hearing, a coroner is tasked by their legislation to reach and record prescribed findings relating to the deceased, their death, and its manner and cause. These determinations enable that death to be registered under the relevant Birth, Deaths and Marriages legislation. If, though, this information can be established from preliminary investigations, a coroner has the discretion to dispense with an inquest hearing, unless the death investigated is of a category for which the legislation specifically requires one to be held. One such category is the death of a person in custody.

      PubDate: Tue, 15 May 2012 09:19:12 GMT
       
  • Volume 15 Issue 1 - A contemporary snapshot of two issues upon which the
           Rciadic report commented: Youth justice and the over-incarceration of
           aboriginal young people, and alcohol-related offences and offending
    • Abstract: Satya, Shanna; Barson, Ruth Bella
      In 2001, a Northern Territory ('NT') Magistrates Court sentenced a man to 14 days imprisonment for possessing a five litre cask of moselle in the Aboriginal community of Hermannsburg. The sentencing Magistrate remarked: 'On 18 June, when I was last here at Hermannsburg, I said that anyone who was found to have liquor in their possession in a restricted area of Hermannsburg would be sentenced to a term of imprisonment, and so it will be in this case.'

      PubDate: Tue, 15 May 2012 09:19:12 GMT
       
  • Volume 15 Issue 1 - Editorial introduction
    • PubDate: Tue, 15 May 2012 09:19:12 GMT
       
  • Volume 15 Issue 1 - Indigenous women in Australian criminal justice:
           Over-represented but rarely acknowledged
    • Abstract: Stubbs, Julie
      It is now two decades since the Royal Commission into Aboriginal Deaths in Custody ('RCIADIC') delivered its final report, which documented the substantial overrepresentation of Indigenous people in prisons and police custody, and provided detailed analysis of the underlying factors that contributed to that over-representation and to deaths in custody. That work was, of course, of enormous significance, and was intended to lay the groundwork for wholesale change, both within the criminal justice system and beyond it, to redress those factors. As we know, those aims have not been met, and in fact, as documented by numerous studies and reports, the situation of Indigenous over-representation in the criminal justice system and especially in prisons has been heightened. For instance, in its Overcoming Indigenous Disadvantage report the Productivity Commission noted that in relation to 'social indicators such as criminal justice, outcomes [for Indigenous people] have actually deteriorated.'

      PubDate: Tue, 15 May 2012 09:19:12 GMT
       
  • Volume 15 Issue 1 - Police officers' experience of indigenous 'capacity'
    • Abstract: Mitchell, Margaret; Rowse, Tim
      What do the police think they are doing with or to Indigenous Australians' We decided to ask them. The paper examines police officers' beliefs and perceptions about Indigenous 'self-determination' and 'capacity' and the implications of these concepts for their work in Indigenous communities. Before describing interviews conducted in the Kimberley region of Western Australia in late 2009, we will provide context for the concepts of 'self determination' and 'capacity' by reviewing relevant parts of two major inquiries influential on the way that Western Australia Police ('WAPol') intends to work with Indigenous communities. The first is the Royal Commission into Aboriginal Deaths in Custody, which issued its National Report in 1991, and the second the July 2002 report by the Gordon Inquiry. Using our interview material, we are able to present, from the practitioners' points of view, the implications for police work of some of the concepts issuing from these inquiries.

      PubDate: Tue, 15 May 2012 09:19:12 GMT
       
  • Volume 15 Issue 1 - A reflection on the royal commission into aboriginal
           deaths in custody and its consideration of aboriginal women's issues
    • Abstract: Davis, Megan
      Following the Royal Commission into Aboriginal Deaths in Custody ('RCIADIC') criticism emerged that it failed to adequately consider Aboriginal women in its inquiry into Aboriginal deaths in custody. On the anniversary of the RCIADIC, this article reflects on that criticism. First, this article will provide a brief overview of the RCIADIC and the feminist critique of its failure to adequately incorporate Aboriginal women's issues in its work. Then, this article will describe in more detail the research of Marchetti into the RCIADIC and gender. Next, this article will analyse the RCIADIC'S reliance on the right to self-determination as a guiding principle through a gender lens. Finally, this article will problematise a stock standard narrative reflected in the RCIADIC report that, women fared better during colonisation. The valid critique made about RCIADIC and its failure to adopt an intersectional approach is a challenge shared today by the state and the Aboriginal and Torres Strait Islander political community: the tendency to essentialise the 'Aboriginal person' skews if not hampers responses to the serious challenges facing the Aboriginal and Torres Strait Islander community. If it is true that RCIADIC failed to adequately incorporate an intersectional approach taking into account the very different experiences of Aboriginal women and Aboriginal men, the question still remains today, how can the state ever adequately gauge what Aboriginal women experience and what Aboriginal women think, when the identity is so politically and legally framed as a collective'

      PubDate: Tue, 15 May 2012 09:19:12 GMT
       
  • Volume 15 Issue 1 - Aboriginal identity - the legal dimension
    • Abstract: French, Robert
      The term 'identity' is used in a variety of discourses about Aboriginal people, their self-perceptions, their cultures, their lands, and their relationships with each other and with non-Indigenous society. Its overbroad deployment risks diffusing its meaning. Nevertheless, it has served, and no doubt continues to serve, a useful purpose as a gateway to reflection upon the complex, multi-dimensional and dynamic character of Australian Aboriginality.

      PubDate: Tue, 15 May 2012 09:19:12 GMT
       
  • Volume 15 Issue 1 - Punishment: Two decades of penal expansionism and its
           effects on indigenous imprisonment
    • Abstract: Cunneen, Chris
      There was optimism at the time of the Royal Commission into Aboriginal Deaths in Custody ('RCADIC') that Indigenous imprisonment rates would be reduced. Indeed a core finding of the Commission had been the need to reduce Indigenous custody and imprisonment, and the consequent overrepresentation of Indigenous people, as a way of addressing the large number of Indigenous deaths in custody. However, over the last two decades Indigenous imprisonment rates have grown significantly rather than declined.

      PubDate: Tue, 15 May 2012 09:19:12 GMT
       
  • Volume 15 Issue 1 - Foreword
    • Abstract: Wootten, Hal
      PubDate: Tue, 15 May 2012 09:19:12 GMT
       
  • Volume 15 Issue 1 - Acknowledgments
    • PubDate: Tue, 15 May 2012 09:19:12 GMT
       
  • Volume 15 Issue 1 - Editorial note
    • PubDate: Tue, 15 May 2012 09:19:12 GMT
       
  • Volume 14 Issue 2 - Handolsdalen Sami Village v Sweden
    • Abstract:
      This case arose in the context of a dispute over the rights of the Sami, the first nations peoples of northern Scandinavia, to use private land in Sweden for grazing reindeers during winter. In Swedish law reindeer herding rights were regulated by the Reindeer Husbandry Act 1971 (Sweden), which gave the Sami the right to use land and water for their own sustenance and that of their reindeer. Private landowners initiated proceedings against the Sami alleging that the Sami villages had no right to graze on their land without a valid contract.

      PubDate: Mon, 23 Apr 2012 09:20:45 GMT
       
  • Volume 14 Issue 2 - Mosetlhanyane v Attorney General of Republic of
           Botswana
    • Abstract:
      This case is significant for the fact that its outcome affords recognition of the fundamental legal right of Botswana's 'Basarwa' or 'San' people - commonly referred to as 'Bushmen' - to access water on their ancestral lands. The appeal involved a challenge to the decision of the High Court which refused declaratory relief sought by the appellants concerning, inter alia, their rights to re-commission, at their own expense, a borehole at Mothomelo in the Central Kalahari Game Reserve ('CKGR'), and to sink other wells or boreholes in order to access water for domestic purposes, in accordance with s 6 of the Water Act Cap 34:01 ('the Act').

      PubDate: Mon, 23 Apr 2012 09:20:45 GMT
       
  • Volume 14 Issue 2 - Rio Tinto Alcan Inc v Carrier Sekani Tribal Council
    • Abstract:
      In the 1950s, the government of British Columbia approved the damming of the Nechako River by Alcan (now Rio Tinto Alcan) for the purposes of generating power for aluminium production. The Nechako Valley is subject to a Carrier Sekani Tribal Council ('CSTC') First Nations claim as their ancestral homeland. The claim extends to a right to fish the Nechako River. The CSTC was not consulted at the time of the damming. The damming of the river and reservoir altered the water flows of the Nechako River. The effect is that water is diverted from the Nechako River to the Nechako Reservoir where it passes through the turbines of a powerhouse and flows into the Kemano River and onto the Pacific Ocean.

      PubDate: Mon, 23 Apr 2012 09:20:45 GMT
       
 
 
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