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Marshall Decision And Native Rights
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Book Synopsis The Marshall Decision and Native Rights by : Kenneth Coates
Download or read book The Marshall Decision and Native Rights written by Kenneth Coates and published by McGill-Queen's Press - MQUP. This book was released on 2000 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the events, personalities, and conflicts that brought the Maritimes to the brink of a major confrontation between Mi'kmaq and the non-Mi'kmaq fishers in the fall of 1999, and the author explains the cross-cultural, legal, and political implications of the recent Supreme Court decision in the Donald Marshall case.
Book Synopsis Truth and Conviction by : L. Jane McMillan
Download or read book Truth and Conviction written by L. Jane McMillan and published by UBC Press. This book was released on 2018-11-01 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The name “Donald Marshall Jr.” is synonymous with “wrongful conviction” and the fight for Indigenous rights in Canada. In Truth and Conviction, Jane McMillan – Marshall’s former partner, an acclaimed anthropologist, and an original defendant in the Supreme Court’s Marshall decision – tells the story of how Marshall’s life-long battle against injustice permeated Canadian legal consciousness and revitalized Indigenous law. Marshall died in 2009, but his legacy lives on. Mi’kmaq continue to assert their rights and build justice programs grounded in customary laws and practices, key steps in the path to self-determination and reconciliation.
Book Synopsis Power Without Law by : Alex M. Cameron
Download or read book Power Without Law written by Alex M. Cameron and published by . This book was released on 2009 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Marshall Decision and Native Rights by : Kenneth Coates
Download or read book Marshall Decision and Native Rights written by Kenneth Coates and published by McGill-Queen's Press - MQUP. This book was released on 2000 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the events, personalities, and conflicts that brought the Maritimes to the brink of a major confrontation between Mi'kmaq and the non-Mi'kmaq fishers in the fall of 1999, and the author explains the cross-cultural, legal, and political implications of the recent Supreme Court decision in the Donald Marshall case.
Book Synopsis Conquest by Law by : Lindsay G. Robertson
Download or read book Conquest by Law written by Lindsay G. Robertson and published by Oxford University Press. This book was released on 2005-08-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.
Book Synopsis Buying America from the Indians by : Blake A. Watson
Download or read book Buying America from the Indians written by Blake A. Watson and published by . This book was released on 2022-08-02 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Johnson v. McIntosh and its impact offers a comprehensive historical and legal overview of Native land rights since the European discovery of the New World. Watson sets the case in rich historical context. After tracing Anglo-American views of Native land rights to their European roots, Watson explains how speculative ventures in Native lands affected not only Indian peoples themselves but the causes and outcomes of the French and Indian War, the American Revolution, and ratification of the Articles of Confederation. He then focuses on the transactions at issue in Johnson between the Illinois and Piankeshaw Indians, who sold their homelands, and the future shareholders of the United Illinois and Wabash Land Companies.
Book Synopsis Power Without Law by : Alex M. Cameron
Download or read book Power Without Law written by Alex M. Cameron and published by McGill-Queen's Press - MQUP. This book was released on 2009 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court of Canada decision in the Marshall case asserted sweeping Native treaty rights and generated intense controversy. In Power without Law Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia. Concluding that the Marshall decision was the result of incautious judicial activism, Power without Law challenges us to reconsider the role of our courts in the Charter era.
Book Synopsis Conquest by Law by : Lindsay G. Robertson
Download or read book Conquest by Law written by Lindsay G. Robertson and published by Oxford University Press. This book was released on 2005-08-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.
Book Synopsis The Great Chief Justice by : Charles F. Hobson
Download or read book The Great Chief Justice written by Charles F. Hobson and published by . This book was released on 1996 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: "John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Download or read book Flawed Precedent written by Kent McNeil and published by UBC Press. This book was released on 2019-06-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1888, the Judicial Committee of the Privy Council ruled in the St. Catherine’s case. This precedent-setting decision would define the legal contours of Aboriginal title in Canada for almost a hundred years. In Flawed Precedent, preeminent legal scholar Kent McNeil examines the trial and its context in detail, demonstrating how erroneous assumptions and prejudicial attitudes about Indigenous peoples and their land use influenced the case. He also discusses the effects the decision had on law and policy until the 1970s when its authority was finally questioned in Calder and in other key rulings. McNeil has written a compelling account of a landmark case that undermined Indigenous land rights for almost a century.
Book Synopsis The Constitutional Decisions of John Marshall by : John Marshall
Download or read book The Constitutional Decisions of John Marshall written by John Marshall and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 1010 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Marshall [1755-1835] was appointed Chief Justice of the United States Supreme Court in 1801 and ushered in its era of power and independence. He presided over the court for 34 years. The major decisions that are included here demonstrate his formulation of fundamental principles of American constitutional law. This collection presents all of John Marshall's decisions in the Supreme Court and on the circuit in context of their times and their effect on constitutional history, through notes to each case written by Joseph P. Cotton, Jr., the editor of this work. 2 vols. xxxvi, 462; v, 464 pp.
Book Synopsis The Constitutional Decisions of John Marshall by : John Marshall
Download or read book The Constitutional Decisions of John Marshall written by John Marshall and published by . This book was released on 1905 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reclaiming Indigenous Voice and Vision by : Marie Battiste
Download or read book Reclaiming Indigenous Voice and Vision written by Marie Battiste and published by UBC Press. This book was released on 2011-11-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in Reclaiming Indigenous Voice and Vision spring from an International Summer Institute held in 1996 on the cultural restoration of oppressed Indigenous peoples. The contributors, primarily Indigenous, unravel the processes of colonization that enfolded modern society and resulted in the oppression of Indigenous peoples.
Book Synopsis Bounty and Benevolence by : Arthur J. Ray
Download or read book Bounty and Benevolence written by Arthur J. Ray and published by McGill-Queen's Press - MQUP. This book was released on 2000 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bounty and Benevolence draws on a wide range of documentary sources to provide a rich and complex interpretation of the process that led to these historic agreements. The authors explain the changing economic and political realities of western Canada during the nineteenth and early twentieth centuries and show how the Saskatchewan treaties were shaped by long-standing diplomatic and economic understandings between First Nations and the Hudson's Bay Company. Bounty and Benevolence also illustrates how these same forces created some of the misunderstandings and disputes that arose between the First Nations and government officials regarding the interpretation and implementation of the accords.
Book Synopsis Working Effectively with Aboriginal Peoples by : Robert P. C. Joseph
Download or read book Working Effectively with Aboriginal Peoples written by Robert P. C. Joseph and published by . This book was released on 2007 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The changing legal, political and economic landscape of Aboriginal Peoples represent some of the biggest change, challenges, risks and exciting opportunities for individuals and organizations today. Whether you're just starting out or want to increase your knowledge, this book is written to help individuals and organizations to work more effectively with Aboriginal peoples. The information in this book has been field tested with Aboriginal and non-Aboriginal peoples and will help readers get beyond background information and aboriginal awareness and into understanding and guidance that can be applied in innovative ways wherever you find Aboriginal peoples.
Book Synopsis Mi'kmaq Treaties on Trial by : William Wicken
Download or read book Mi'kmaq Treaties on Trial written by William Wicken and published by University of Toronto Press. This book was released on 2002-01-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intersperses close analysis of the 1726 treaty with discussions of the Marshall case, and shows how the inter-cultural relationships and power dynamics of the past, have shaped both the law and the social climate of the present.
Book Synopsis John Marshall by : Jean Edward Smith
Download or read book John Marshall written by Jean Edward Smith and published by Henry Holt and Company. This book was released on 2014-03-10 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Notable Book of 1996 It was in tolling the death of Supreme Court Chief Justice John Marshall in 1835 that the Liberty Bell cracked, never to ring again. An apt symbol of the man who shaped both court and country, whose life "reads like an early history of the United States," as the Wall Street Journal noted, adding: Jean Edward Smith "does an excellent job of recounting the details of Marshall's life without missing the dramatic sweep of the history it encompassed." Working from primary sources, Jean Edward Smith has drawn an elegant portrait of a remarkable man. Lawyer, jurist, scholars; soldier, comrade, friend; and, most especially, lover of fine Madeira, good food, and animated table talk: the Marshall who emerges from these pages is noteworthy for his very human qualities as for his piercing intellect, and, perhaps most extraordinary, for his talents as a leader of men and a molder of consensus. A man of many parts, a true son of the Enlightenment, John Marshall did much for his country, and John Marshall: Definer of a Nation demonstrates this on every page.
