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To access this book's 2010 Update, click here. In addition, to bring the book up-to-date for 2011-12 before the new edition is released, click here. This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal, cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is de...
Environmental justice is the concept that minority and low-income individuals, communities and populations should not be disproportionately exposed to environmental hazards, and that they should share fully in making the decisions that affect their environment. This volume examines the sources of environmental justice law and how evolving regulations and court decisions impact projects around the country.
Approaches the study of Indian law through the lens of 16 of the most impactful law review articles.
Looks at the underdevelopment of the private sector on American Indian reservations, with the goal of sustaining and growing Native nation communities.
'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms – legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume...
An examination of anticolonial thought and practice across key Indigenous thinkers. Accounts of decolonization routinely neglect Indigenous societies, yet Native communities have made unique contributions to anticolonial thought and activism. Remapping Sovereignty examines how twentieth-century Indigenous activists in North America debated questions of decolonization and self-determination, developing distinctive conceptual approaches that both resonate with and reformulate key strands in other civil rights and global decolonization movements. In contrast to decolonization projects that envisioned liberation through state sovereignty, Indigenous theorists emphasized the self-determination of peoples against sovereign state supremacy and articulated a visionary politics of decolonization as earthmaking. Temin traces the interplay between anticolonial thought and practice across key thinkers, interweaving history and textual analysis. He shows how these insights broaden the political and intellectual horizons open to us today.
Canada is covered by a system of law and governance that largely obscures and ignores the presence of pre-existing Indigenous regimes. Indigenous law, however, has continuing relevance for both Aboriginal peoples and the Canadian state. In his in-depth examination of the continued existence and application of Indigenous legal values, John Borrows suggests how First Nations laws could be applied by Canadian courts, and tempers this by pointing out the many difficulties that would occur if the courts attempted to follow such an approach. By contrasting and comparing Aboriginal stories and Canadian case law, and interweaving political commentary, Borrows argues that there is a better way to con...
"This title collects the work of thirty top scholars, from client scientists to policy advocates to hydrogeologists, who have published articles for the independent news site The Conversation on critical water related issues, and packages them into the perfect introduction for readers who want to understand current and future threats to water management"--
More than thirty years ago, section 35 of the Constitution Act recognized and affirmed “the existing aboriginal and treaty rights of the aboriginal peoples of Canada.” Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition. In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state. The book features essays on themes such as the role of sovereignty in constitutional jurisprudence, the diversity of methodologies at play in these legal and political questions, and connections between the Canadian constitutional experience and developments elsewhere in the world.
Public Waters shows how, as popular hopes and dreams meet tough terrain, a central idea that has historically structured water management can guide water policy for Western states today.