Kategoria BISAC: Law >> Indigenous Peoples

In 1989, The National Museum of the American Indian Act (NMAIA) was successfully passed after a long and intense struggle. One year later, the Native American Graves Protection and Repatriation Act (NAGPRA) followed. These federal repatriation statutes--arguably some of the most important laws in the history of anthropology, museology, and American Indian rights--enabled Native Americans to reclaim human remains, funerary objects, sacred objects, and objects of cultural patrimony.

Twenty years later, the controversy instigated by the creation of NMAIA and NAGPRA continues to...

Since Justin Trudeau's election in 2015, Canada has been hailed internationally as embarking on a truly progressive, post-postcolonial era--including an improved relationship between the state and its Indigenous peoples. Shiri Pasternak corrects this misconception, showing that colonialism is very much alive in Canada. From the perspective of Indigenous law and jurisdiction, she tells the story of the Algonquins of Barriere Lake, in western Quebec, and their tireless resistance to federal land claims policy.

Grounded Authority chronicles the band's ongoing attempts to restore...

Miller explains how politics, economics,...

In 1982, Canada formally recognized Aboriginal rights within its Constitution. The move reflected a consensus that states should and could use group rights to protect and accommodate subnational groups within their borders. Decades later, however, no one is happy. This state of affairs, Panagos argues, is rooted in a failure to define what aboriginality means, which has led to the promotion and protection of a single vision of aboriginality ? that of the justices of the Supreme Court. He concludes that there can be no justice so long as the state continues to safeguard a set of values and...