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Tribal Constitutionalism
In settler societies, tribal self-governance creates a legal distinction between indigeneity (defined by settler governments) and tribal membership (defined by tribes). Many legally indigenous persons are not tribal members, and some tribal members are not legally indigenous. This book considers the membership rules included in the constitutions and membership codes of nearly 750 recognized tribes in Canada, New Zealand, Australia, and the United States. It addresses the first-order question of tribal constitutionalism: who are the members of tribes, and how are they chosen?
Tribal Constitutionalism
Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal w...
The Law of Loyalty
This monograph elucidates common legal principles underlying the use of juridical powers. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others. It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role. These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge.
Who Belongs?
Who Belongs? tells the story of how in the late nineteenth and twentieth centuries, despite economic hardships and assimilationist pressures, six southern tribes insisted on their political identity as citizens of tribal nations and constructed tribally-specific citizenship criteria to establish legal identity that went beyond the dominant society's racial definitions of "Indian."
The Public Law of Gender
Examines the public law of gender and equality from the perspectives of comparative constitutional law, international law and governance.
Fiduciaries and Trust
Explores the interactions of fiduciary law and personal and political trust in private, public and international law.
Decolonisation
Offers a comparative analysis of the processes and aftermath of decolonisation from philosophical, historical, literary and legal perspectives.
The Land is Our History
This book chronicles the extraordinary story of indigenous activism in the late twentieth century. Taking their claims for justice to law, indigenous peoples transformed debates about national identity and reframed the terms of belonging in settler states. - from the back cover.
Reconsidering REDD+
REDD+ operates to reorganise social relations and to establish new forms of global authority over forests in the Global South.
Indigenous Memory, Urban Reality
Contemporary accounts of urban Native identity in two pan-Indian communities In the last half century, changing racial and cultural dynamics in the United States have caused an explosion in the number of people claiming to be American Indian, from just over half a million in 1960 to over three million in 2013. Additionally, seven out of ten American Indians live in or near cities, rather than in tribal communities, and that number is growing. In Indigenous Memory, Urban Reality, Michelle Jacobs examines the new reality of the American Indian urban experience. Drawing on ethnographic research conducted over two and a half years, Jacobs focuses on how some individuals are invested in reclaimin...
