By the Fire We Carry
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A powerful work of reportage and American history that braids the story of the forced removal of Native Americans onto treaty lands in the nation's earliest days, and a small-town murder in the 1990s that led to a Supreme Court ruling reaffirming Native rights to that land more than a century later. Before 2020, American Indian reservations made up roughly 55 million acres of land in the United States. Nearly 200 million acres are reserved for National Forests--in the emergence of this great nation, our government set aside more land for trees than for Indigenous peoples. In the 1830s Muscogee people were rounded up by the US military at gunpoint and forced into exile halfway across the continent. At the time, they were promised this new land would be theirs for as long as the grass grew and the waters ran. But that promise was not kept. When Oklahoma was created on top of Muscogee land, the new state claimed their reservation no longer existed. Over a century later, a Muscogee citizen was sentenced to death for murdering another Muscogee citizen on tribal land. His defense attorneys argued the murder occurred on the reservation of his tribe, and therefore Oklahoma didn't have the jurisdiction to execute him. Oklahoma asserted that the reservation no longer existed. In the summer of 2020, the Supreme Court settled the dispute. Its ruling that would ultimately underpin multiple reservations covering almost half the land in Oklahoma, including Nagle's own Cherokee Nation. Here Rebecca Nagle recounts the generations-long fight for tribal land and sovereignty in eastern Oklahoma. By chronicling both the contemporary legal battle and historic acts of Indigenous resistance, By the Fire We Carry stands as a landmark work of American history. The story it tells exposes both the wrongs that our nation has committed and the Native-led battle for justice that has shaped our country.
Canadian constitutional law handbook
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Includes bibliographical references and index.
"This book provides a clear, concise overview of Canadian Constitutional Law, discussing key statutes, court decisions and principles of interpretation. It is a valuable resource for students of Canadian Constitutional Law, including internationally trained lawyers seeking to qualify to practise in Canada."
The Canadian handbook on international humanitarian law
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"The aim of this work is to provide a current book-length treatment of International Humanitarian Law (IHL), or the Law of Armed Conflict as it is sometimes known, from a Canadian perspective. Canada’s approach to war has shaped the way in which it interprets and implements international humanitarian law, or the law of armed conflict as it is also called. This handbook provides a useful “first stop” for the Canadian legal community on key topics in international humanitarian law, in a way which pays particular attention to Canadian sources, interpretations, applications and practices where they exist and are publicly available. At the same time, given the iterative nature of the development of international law, especially customary international law, the book will also be useful to practitioners and scholars internationally. Indeed, despite the paucity of publicly available material, Canada has been a regular actor in this area of law and its contributions to the development of international humanitarian law should be highlighted."-- Provided by publisher.
Contents
Chapter 1: Introduction -- Chapter 2: Sources of International Humanitarian Law -- Chapter 3: The Scope of Application of International Humanitarian Law -- Chapter 4: Overarching Legal Principles -- Chapter 5: Protection of Persons -- Chapter 6: The Conduct of Hostilities -- Chapter 7: Respecting and Ensuring Respect for the Law -- Chapter 8: Interplay of International Humanitarian, Human Rights and Criminal Law.
Childhood and the Law in Canada – The Family/State Relationship
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Childhood and the Law in Canada – The Family/State Relationship offers a series of six case studies in family law and the treatment of children in care, schools, and other social institutions. It advances the understanding of foundational legal concepts, current political issues and places legal disputes in historical context.
The content presented in this book helps to clarify the social and legal significance of each case, and helps the reader engage with the competing claims put forward by the parties, interveners and judges. Readers will learn what the courts held, examine their reasoning, and follow the consequences of landmark decisions for contemporary Canadian institutions and social relationships.
Hòt'a! Enough!
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THE HILL TIMES TOP 100 BOOKS OF 2024 The political life of Dene leader Georges Erasmus -- a radical Native rights crusader widely regarded as one of the most important Indigenous leaders of the past fifty years. For decades, Georges Erasmus led the fight for Indigenous rights. From the Berger Inquiry to the Canadian constitutional talks to the Oka Crisis, Georges was a significant figure in Canada's political landscape. In the 1990s, he led the Royal Commission on Aboriginal Peoples and afterward was chair and president of the Aboriginal Healing Foundation, around the time that Canada's residential school system became an ongoing frontpage story. Georges's five-decade battle for Indigenous rights took him around the world and saw him sitting across the table from prime ministers and premiers. In the 1980s, when Georges was the National Chief of the Assembly of First Nations, he was referred to as the "Thirteenth Premier." This book tells the personal story of his life as a leading Indigenous figure, taking the reader inside some of Canada's biggest crises and challenges.
Legal and Legislative Drafting, 3rd Edition
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This book helps legislative drafters and private sector lawyers write concise and precise documents by arming them with: Practical advice - a step-by-step approach; Expert advice - over 750 examples are employed to help illustrate how provisions evolve through the application of various drafting techniques; Best practices - helps drafters deal with other key parties in the process and increase their efficiency; Invaluable tools - allow drafters to choose the right words in the appropriate context to convey the document's intended meaning."
My ancestors live here : stories from a life protecting Mi'kmaw burial sites
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or over twenty years, Mi’kmaw Elder Ellen Hunt has been identifying, researching and fighting to protect Mi’kmaw burial sites in Nova Scotia which have long been forgotten, neglected and destroyed. Moved by a powerful call from her ancestors, Ellen Hunt’s work has taken her to burial sites ranging from Nova Scotia’s South Shore to Cape Breton. This memoir chronicles her childhood growing up in a Mi’kmaw community in Newfoundland and her activist work through to the present day. Ellen also shares the many challenges she has faced – from indifferent politicians to antagonistic locals. This memoir incorporates stories about the long Mi’kmaw history of the sites Ellen has identified and the teachings of her Mi’kmaw ancestors which have shaped her life and her work.
Palmer & Snyder : collective agreement arbitration in Canada. Volume 1, Interpretation, procedure, and evidence
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This seminal treatise continues to be hailed as both "important" and a "leading text" to address workplace issues in the unionized context, providing unparalleled analysis on all major collective agreement concerns and policy. This book has been the stable reference guide for a generation of labour lawyers, human resource professionals and unions looking to find out – quickly and conveniently – what is the law on a specific labour issue, and the leading cases that support it.
The people's champion : trial by jury
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"Trial by Jury is more than just a constitutional right for people accused of serious crimes. It is one of the best legal methods yet devised by which disputed facts may be judged. Ancient in its origins, the jury’s continued importance to the practice of criminal law in Canada is difficult to deny. Honoured in literature, cinema, and the popular imagination, it is, for some, the epitome of the criminal trial. Unfortunately, for many young advocates, acquiring knowledge about this method of trial and its benefits for different types of cases is not easy. Practical experience is hard to come by, and written manuals on trial by jury are few and far between. This book provides information about all aspects of trial by jury, including a brief history, elections, eligibility, pre-trial motions, jury selection issues, constitutional considerations, opening and closing addresses, deliberations, jury nullification, mistrials, and even sentencing following a jury’s verdict. Lawyers who worry that they don’t “know it all” when it comes to trial by jury can access this text secure in the knowledge that they can at least learn the fundamentals of jury trials. Written for both novice practitioners and experienced trial lawyers, this book is a “how to” for advocates interested in advancing their clients’ cause through jury trials. Bringing a practical sensibility to an institution surrounded by mythos, this text demystifies trial by jury, with a view to making the august institution accessible to practitioners in the 21st century."
Perspectives on Caribbean Law
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Perspectives on Caribbean Lawcelebrates the fiftieth anniversary of the Faculty of Law at the University ofthe West Indies with an expertly curated anthology, featuring twelve insightfulchapters that explore the broad scope of legal scholarship in the Caribbean.Authored by a mix of emerging and established academics who have been part ofMonaLaw at various stages of its evolution, these essays provide acomprehensive view of national, regional and international challenges,contributing significantly to the academic discourse surrounding Caribbean law. Thispeer-reviewed collection delves into a diverse range of topics such ascorporate law, tort law, international law, family law and ethics.Specifically, it explores fundamental Caribbean legal issues, including:CARICOM, the use of Creole in the justice system, tourism liability, sportsfairness and aspects of corporate governance, such as directors' duties. Itfurther explores defamation, child law on medical consent, the Caribbeanappellate court system, jurisdictional challenges concerning the ShipriderAgreement and ethics in the legal profession. Notonly does this anthology honour the legacy of the Faculty of Law, particularlyon the Mona campus, but it also serves as an essential contribution toCaribbean legal scholarship by advancing the region's understanding anddevelopment of law. Thus, Perspectives onCaribbean Law is a crucial resource for libraries and everyone involved inCommonwealth Caribbean law and legal education.
Sacred Thought
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In this philosophical exploration, Mi'kmaq Elder George Paul shares his traditional knowledge with those on a quest to better understand themselves and the world around them. Practiced and maintained by North American Indigenous tribes since time immemorial, this search for spirituality is informed by traditional knowledge, oral tradition and the use of symbols relating to our environment and to our universe. From the ceremonial to the sacred, George Paul meditates on the Indigenous legends, stories and designs of his ancient ancestors that offer new prospects to a modern population all across Turtle Island who are hungry to look inward. With creation stories, buffalo sage and tapping into our spirit guides, Sacred Thought: Mi'kmaq Meditations for our Timesis a book for those who are looking for balance and peace of mind in the chaos and confusion that govern the world today.
Tina´7 Cht Ti Temíxw: We Come from This Land
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"From the watersheds of the Squamish and Mamquam Rivers and Howe Sound in the north to English Bay, False Creek, and Burrard Inlet in the south, Sḵwx̱wú7meshulh Aysáy̓ch (Squamish Territory) encompasses saltwater and rushing rivers, old-growth forests at valley bottoms, and alpine meadows high above the ocean. Tiná7 Cht Ti Temíxw---We Come From This Land is a powerful introduction to the vast history of the Sḵwx̱wú7mesh people. Drawing on stories from our Elders and in-depth research, we trace our history and culture from ancient times to the present day, offering a launching point for discovering more about the places, people, and stories found here
Treaties, Lies and Promises
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This riveting account of the links between the Red River Resistance and the numbered treaties explores a largely unknown part of Canadian history. An engaging, informative and essential account of how the Red River Resistance and the making of the numbered treaties are intrinsically linked. Through evocative details, journalist Tom Brodbeck brings to life pivotal events such as an armed insurrection; outdoor meetings held -29 C weather; a three-person delegation of negotiators from a remote community in Rupert's Land going toe-to-toe with Canada's most powerful politicians and First Nations chiefs negotiating their place in Canada under a dark cloud of presumed white, European superiority. In his clear and easy-to-read prose, Tom describes the impact of these events on the development of Canada. In the span of just a few years, they laid the groundwork for the settlement of Western Canada, a period heavily influenced by Indigenous people: the Metis (French and English-speaking) and First Nations (including Anishinaabe and Swampy Cree). Together, they negotiated both the Manitoba Act and the first of the numbered treaties but the book reveals the challenges Indigenous people faced when confronting the colonial mindset of a federal government eager to populate the west, but less interested in preserving the dignity and long-term welfare of its original inhabitants.
Advanced Introduction to U. S. Corporate Tax Law
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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This insightful book provides a nuanced guide to the intricacies of U.S. corporate tax law. Jeffrey L. Kwall sheds light on the double taxation process, highlighting critical issues surrounding the system that requires both corporations and shareholders to pay tax on the same income. Chapters explain key topics including the taxation of contributions of property to a corporation, distributions (dividends and stock buybacks) by a corporation, and corporate asset sales and stock sales. Kwall also addresses noncorporate enterprises subject to corporate tax, as well as the circumstances under which corporations are not taxed. Key Features: Analyzes key tax issues across all stages of the life cycle of a corporation Includes a detailed discussion of the tax aspects related to mergers and acquisitions Examines the tax treatment of corporations not subject to corporate tax, known as S Corporations The Advanced Introduction to U.S. Corporate Tax Law is an essential resource for students and scholars in corporate law and governance, tax law and fiscal policy, and commercial law. It is also beneficial to researchers and practitioners seeking to understand corporate tax law and its wider applications.
Handbuch Betriebliche Kreislaufwirtschaft
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In kompakter Form stellt dieses Handbuch das notwendige Wissen für Verantwortliche in Betrieben für den Bereich Abfall- und Rohstoffwirtschaft zusammen und bietet so einen guten Überblick zu wichtigen Fragen der betrieblichen Abfallwirtschaft. Im Werk werden rechtliche, technologische und naturwissenschaftliche Aspekte zu den Fragestellungen der Kreislaufwirtschaft behandelt. Im rechtlichen Teil werden europäische und nationale Rechtsanforderungen beschrieben. Der technologische Teil umfasst aktuelle Recyclingmöglichkeiten, z. B. für Batterien, Bioabfälle, Altfahrzeuge, Verpackungen, Altöle, halogenierte Lösemittel, Altholz, Elektro- und Elektronikgeräte, Kunststoffe sowie Metalle. Zahlreiche Grafiken dienen dem Praktiker als Referenz oder zeigen die entsprechenden Entwicklungen auf. Thermische Abfallbehandlung sowie Deponierung von Reststoffen sind ebenfalls behandelt. Inhalt Materialeffizienz und Abfallaufkommen - Europäisches Abfallrecht - Nationales Kreislaufwirtschaftsrecht - Produktverantwortung und Ökodesign - Batterien - Bioabfälle - Altfahrzeuge - Verpackungen - Altöle - Halogenierte Lösemittel - Gewerbeabfallverordnung - Altholz - Polychlorierte Biphenyle - Elektro- und Elektronikgeräte - Kunststoffe - Metalle - Thermische Abfallbehandlung - Deponierung von Abfällen Zielgruppe - Unternehmen, die von Fragen der Kreislaufwirtschaft betroffen sind - Umweltbeauftragte, Auditoren, Abfallbeauftragte - Studierende umweltorientierter, technischer und naturwissenschaftlicher Studiengänge - Personen mit Interesse an umweltrelevanten Fragestellungen Die Autoren Gabi Förtsch ist tätig im Bereich Unternehmensberatung und Weiterbildungen im Umweltschutz, Förtsch & Meinholz. Prof. Dr. Heinz Meinholz ist Professor für Umweltschutz an der Hochschule Furtwangen, Villingen-Schwenningen.
La Culture Juridique Québécoise : Mélanges Offerts à Sylvio Normand.
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Les textes qui composent le présent ouvrage s'intéressent à la culture juridique, à la méthodologie du droit, à la codification, à la doctrine, à l'histoire du droit, au droit des biens et au droit des personnes. Ils ont été préparés en l'honneur de Sylvio Normand et reflètent les sujets auxquels il a contribué par ses recherches et son enseignement. Sylvio Normand est devenu professeur à la Faculté de droit de l'Université Laval en 1985. Il en a été le doyen de 2008 à 2012, puis en 2017 par intérim. Il est aujourd'hui titulaire de la Chaire de rédaction juridique Louis-Philippe-Pigeon
Ciceros Topica und Sein Programm de Iure Civili in Artem Redigendo
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In Rechtsromanistik und Latinistik haben Methodik, Rhetorik und Topik Konjunktur. Erstaunlicherweise gibt es keine Gesamtanalyse von Ciceros Topica, die wie keine andere Schrift des Arpinaten Recht und Rhetorik, Topik und Dialektik, Systemdenken und Einzelfallargumentation verbinden. Wie das Werk uberwindet auch dieser Band Disziplinengrenzen. Ciceros Topica sind nach Inhalt und Entstehungszeit Teil seines Programms De iure civili in artem redigendo, das kein ausseres System des Rechts, sondern Methodenreflexion postulierte. Deshalb modifiziert Cicero Begriff und Funktion der Topik seines Vorbilds Aristoteles. Unter dem Oberbegriff der Topik vereint Cicero Invention und Deduktion, die er an praxisnahen juristischen Beispielen exemplifiziert, sodass die Topica eine dezidiert juristische Methodenlehre bieten. Ihr Einfluss auf die romischen Juristen bleibt jedoch gering. Sie gewinnen ihre Falllosungen eher durch Auslegung und Bildung (fiktiver) Vergleichsfalle, die als Versatzstucke selbst topisch werden.
