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  Subjects -> LAW (Total: 1223 journals)
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LAW (691 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: 39)
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  
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: 1)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 12)
Arctic Review on Law and Politics     Open Access  
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: 8)
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: 16)
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: 13)
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: 6)
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: 132)
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: 17)
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: 40)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 34)
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: 15)
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     Full-text available via subscription   (Followers: 1)
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: 15)
Duke Law & Technology Review     Open Access   (Followers: 9)
Duke Law Journal     Open Access   (Followers: 26)
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: 21)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 17)
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: 24)
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: 121)
European Public Law     Full-text available via subscription   (Followers: 32)
European Review of Contract Law     Hybrid Journal   (Followers: 21)
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: 13)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 8)
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: 17)
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: 14)
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
  [16 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
       
 
 
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