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As the settler state of Canada expanded into Indigenous lands, settlers dispossessed Indigenous people and undermined their sovereignty as nations. One site of invasion was Kahnawà:ke, a Kanien’kehá:ka community and part of the Rotinonhsiónni confederacy. The Laws and the Land delineates the establishment of a settler colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; the establishment of modern Kahnawà:ke in the context of French imperial claims; intensifying colonial invasions under British rule; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. What Daniel Rück describes is an invasion spearheaded by bureaucrats, Indian agents, politicians, surveyors, and entrepreneurs. This original, meticulously researched book is deeply connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralism, historical racism and inequality, and Indigenous resurgence.
In Lands, Laws, and Gods, Daniel Gargola examines the formulation and implementation of laws regulating the use of public lands, including the establishment of colonies, in Republican Rome (509-27 B.C.). During this period of territorial expansion, the Romans developed the basic legal forms by which they governed captured land, and they constructed the processes and ceremonies by which those forms were translated into practice. Using agrarian law as a case study and focusing especially on rituals that both validated and gave structure to the administrative process, Gargola demonstrates the fundamental connections between religion, law, and government. Essential acts in the administration of agrarian legislation, such as the transfer of land from one party to another and the granting of contracts for public works, depended upon ritual formulas and gestures, often within the context of religious ceremonies. By recovering these formulas and their larger significance, Gargola reconstructs an important dimension of Roman life. Originally published in 1995. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
From Kennebunkport to Kauai, from the Rio Grande to the Northern Rockies, ours is a vast republic. While we may be united under one Constitution, separate and distinct states remain, each with its own constitution and culture. Geographic idiosyncrasies add more than just local character. Regional understandings of law and justice have shaped and reshaped our nation throughout history. America’s Constitution, our founding and unifying document, looks slightly different in California than it does in Kansas. In The Law of the Land, renowned legal scholar Akhil Reed Amar illustrates how geography, federalism, and regionalism have influenced some of the biggest questions in American constitutional law. Writing about Illinois, “the land of Lincoln,” Amar shows how our sixteenth president’s ideas about secession were influenced by his Midwestern upbringing and outlook. All of today’s Supreme Court justices, Amar notes, learned their law in the Northeast, and New Yorkers of various sorts dominate the judiciary as never before. The curious Bush v. Gore decision, Amar insists, must be assessed with careful attention to Florida law and the Florida Constitution. The second amendment appears in a particularly interesting light, he argues, when viewed from the perspective of Rocky Mountain cowboys and cowgirls. Propelled by Amar’s distinctively smart, lucid, and engaging prose, these essays allow general readers to see the historical roots of, and contemporary solutions to, many important constitutional questions. The Law of the Land illuminates our nation’s history and politics, and shows how America’s various local parts fit together to form a grand federal framework.
First Published in 1995. Since many Japanese immigrants focused on agriculture, California and other western states sought to discourage their presense by passing laws making it impossible for Japanese to own agricultural land and enacted other discriminatory as well. The articles in this volume explore the background and ramifications of the so-called Alien Land laws and other anti-Japanese measures and the fascinating legal challenges that ensued.
"Real Estate Handbook: Land Laws of Alabama has long been the reference Alabama lawyers and real estate agents rely on. It consists of a digest of statutes and cases on a wide variety of Alabama real estate topics, plus a set of more than 250 sample forms that may be used in typical real estate transactions"--
Nationally recognized litigator, Daniel P. Dalton, shares expert insights on litigating three types of religious property disputes. This information will be valuable for religious organizations and their counsel.
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.