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Aboriginal TitleThe Modern Jurisprudence of Tribal Land Rights$
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P.G. McHugh

Print publication date: 2011

Print ISBN-13: 9780199699414

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199699414.001.0001

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Aboriginal Title—Diagnosis and Prognosis

Aboriginal Title—Diagnosis and Prognosis

Chapter:
(p.328) 6 Aboriginal Title—Diagnosis and Prognosis
Source:
Aboriginal Title
Author(s):

Dr. P. G. McHugh

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199699414.003.0006

This chapter acknowledges the role of aboriginal title in jolting governments into a new politics of negotiating with tribes and taking stock of the courts' role in monitoring their relations with indigenous peoples. It also notes, however, the conservative effects of rights-design within a proprietary paradigm and the downstream lawfare that has since engulfed tribes' affairs. It attempts a critical assessment of what the doctrine has — and has not — achieved for indigenous peoples.

Keywords:   proprietary paradigm, land claims settlement, lawfare, governance

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