Jump to ContentJump to Main Navigation

You are looking at 1-20 of 24 items for:

  • Keywords: tribes x
Clear All Modify Search

View:

From Tribal Tibet: The Significance of the Legal Form

Fernanda Pirie

in Law and Anthropology: Current Legal Issues Volume 12

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199580910
eISBN:
9780191723025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580910.003.0006
Subject:
Law, Comparative Law

This chapter analyzes a legal code found among nomadic pastoralists in eastern Tibet. This code consists of directions and prescriptions relating to different areas of tribal life and specifies ... More


Tribal Membership Governance and the Cultural Production of Indigeneity: Reflecting Inter‐indigenous Recognition in Public Policy

Kirsty Gover

in Tribal Constitutionalism: States, Tribes, and the Governance of Membership

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199587094
eISBN:
9780191595363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199587094.003.0002
Subject:
Law, Constitutional and Administrative Law

In the settler states, recognition of indigenous peoples has traditionally proceeded on one of two models: the race model (prioritizing indigenous ancestry) and the nation model (prioritizing tribal ... More


Tribalism Constitutionalized: The Tribal Governance of Membership in Australia, Canada, New Zealand, and the United States

Kirsty Gover

in Tribal Constitutionalism: States, Tribes, and the Governance of Membership

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199587094
eISBN:
9780191595363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199587094.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter takes an explicitly comparative approach to tribal constitutionalism by examining the mechanisms used by tribes to regulate membership, and explaining important regional variations ... More


Tribal Constitutionalism and Historic Claims: The Impact of Claims Settlement on Tribal Membership Governance in Australia and New Zealand

Kirsty Gover

in Tribal Constitutionalism: States, Tribes, and the Governance of Membership

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199587094
eISBN:
9780191595363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199587094.003.0005
Subject:
Law, Constitutional and Administrative Law

In Australia and New Zealand, the official recognition of tribes occurs alongside the settlement of land claims. This chapter investigates the scope of tribal autonomy in membership governance in ... More


Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights

P.G. McHugh

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199699414
eISBN:
9780191732133
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199699414.001.0001
Subject:
Law, Public International Law, Legal History

Aboriginal title was one of the most remarkable and controversial legal developments in the common law world of the late-twentieth century. The common law doctrine gave sudden substance to the ... More


Broken Landscape: Indians, Indian Tribes, and the Constitution

Frank Pommersheim

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199915736
eISBN:
9780190260262
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199915736.001.0001
Subject:
Law, Constitutional and Administrative Law

This book is a chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation's ... More


A Case Study in Relative Authority: Crown–Māori Relationships in New Zealand

Nicole Roughan

in Authorities: Conflicts, Cooperation, and Transnational Legal Theory

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671410
eISBN:
9780191751783
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671410.003.0013
Subject:
Law, Philosophy of Law

This chapter explores the example of indigenous and state authority relationships in New Zealand; offering one fully-worked out case study in order to show the potential of the relative authority ... More


The Land Regime of the Late Ottoman Period

Alexandre Kedar, Ahmad Amara, and Oren Yiftachel

in Emptied Lands: A Legal Geography of Bedouin Rights in the Negev

Published in print:
2018
Published Online:
May 2018
ISBN:
9781503603585
eISBN:
9781503604582
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9781503603585.003.0003
Subject:
Law, Comparative Law

This chapter begins to set the historical background for the book by outlining in detail the state of affairs in the Negev during the last period of Ottomans rule in the late nineteenth and early ... More


. The Indian Claims Commission: From Hope to Reality

David E. Wilkins

in Hollow Justice: A History of Indigenous Claims in the United States

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300119268
eISBN:
9780300186000
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300119268.003.0004
Subject:
Law, Legal History

The Indian Claims Commission (ICC) was not the perfect solution but it gave hope. The chapter looks at the ICC and analyses its effectiveness. Native peoples no longer had to fight individually to ... More


. The Resurgence of Eastern Natives: The Maine Indian Claims Settlement Act of 1980

David E. Wilkins

in Hollow Justice: A History of Indigenous Claims in the United States

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300119268
eISBN:
9780300186000
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300119268.003.0006
Subject:
Law, Legal History

Prior to the 1970s, most Native nations living east of the Mississippi were virtually ignored by federal officials, state governments, and most non-Indians. This chapter looks at how this changed in ... More


Ladders to Climb and Bridges to Cross: Reservations, Scheduled Castes, Scheduled Tribes, and Backward Classes

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0020
Subject:
Law, Constitutional and Administrative Law

The Constitution aroused expectations, raised hopes, made promises, and generally heralded a new, better, and more decent life for the underprivileged and the oppressed people of India. Special ... More


The Marshall Trilogy: Foundational but Not Fully Constitutional?

Frank Pommersheim

in Broken Landscape: Indians, Indian Tribes, and the Constitution

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199915736
eISBN:
9780190260262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199915736.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter analyzes the following cases: Johnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia. It examines how they established some of the basic principles of Indian law and ... More


State Courts as Enforcers of Federal Law

in Polyphonic Federalism: Toward the Protection of Fundamental Rights

Published in print:
2009
Published Online:
March 2013
ISBN:
9780226736624
eISBN:
9780226736648
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226736648.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter concentrates on state court enforcement of federal law. It describes how the polyphonic perspective fosters an appreciation for the benefits of intersystemic adjudication. State court ... More


On Interpreting Rape as/and Atrocity

Pratiksha Baxi

in Public Secrets of Law: Rape Trials in India

Published in print:
2013
Published Online:
April 2014
ISBN:
9780198089568
eISBN:
9780199082698
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198089568.003.0006
Subject:
Law, Human Rights and Immigration

I begin with an analysis of appellate judgments to map the juridical discourse on rape as atrocity, as a widespread toleration of intolerable harm. I argue that in making a classification between ... More


A Comporting Sovereign, Tribes, and the Ordering of Imperial Authority in Colonial Upper Canada of the 1830s

PG McHugh

in International Law and Empire: Historical Explorations

Published in print:
2017
Published Online:
February 2017
ISBN:
9780198795575
eISBN:
9780191836893
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198795575.003.0011
Subject:
Law, Public International Law

Before the late 1830s, relations with tribal peoples in the colonies of the British Empire were conducted by a form of improvisational diplomacy through treaties that recognized the integrity of the ... More


Rules, Proverbs, and Persuasion: Legalism and Rhetoric in Tibet

Fernanda Pirie

in Legalism: Rules and Categories

Published in print:
2015
Published Online:
December 2015
ISBN:
9780198753810
eISBN:
9780191815454
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753810.003.0005
Subject:
Law, Legal History

History and anthropology offer many examples of legal codes containing rules that seem never to have been applied, or that could not easily have been applied as a means of regulating conduct. Why the ... More


Special Provisions for Scheduled Castes and Scheduled Tribes

Jairam Ramesh and Muhammad Ali Khan

in Legislating for Justice: The Making of the 2013 Land Acquisition Law

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199458998
eISBN:
9780199085347
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199458998.003.0008
Subject:
Law, Human Rights and Immigration

This chapter goes into the special safeguards and benefits provided for Scheduled Castes and Tribes. It also goes into how the law is compatible with the ideology and commitment laid out in other ... More


‘The most decorous veil which legal ingenuity can weave’: The British Annexation of New Zealand (1840)*

Paul McHugh

in Constitutionalism, Legitimacy, and Power: Nineteenth-Century Experiences

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198723059
eISBN:
9780191789632
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198723059.003.0016
Subject:
Law, Constitutional and Administrative Law, Comparative Law

Treaties with tribes were a regular feature of European imperialism during the nineteenth century. These treaties were not only occasioned by inter-European rivalry but were also as likely to be ... More


Introduction: A New Challenge to Old Assumptions

Frank Pommersheim

in Broken Landscape: Indians, Indian Tribes, and the Constitution

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199915736
eISBN:
9780190260262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199915736.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter briefly discusses the interactions between the Native American Indian tribes and the United States of America. It analyzes these encounters through the lens of four primary ... More


Early Contact: From Colonial Encounters to the Articles of Confederation

Frank Pommersheim

in Broken Landscape: Indians, Indian Tribes, and the Constitution

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199915736
eISBN:
9780190260262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199915736.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter examines the early contact between European settlers and the Native American Indian tribes, and how these encounters played a role in establishing the foundation and early development of ... More


View: