Ancestral Lands, Alien Laws: Judicial Perspectives on Aboriginal Title



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Brian Slattery
ISBN 0-88880-100-9
1983 49 pp. Softcover

This monograph examines critically the various ways in which Commonwealth and American judges have dealt with the issue of the land rights of Aboriginal peoples in the past. It devotes particular attention to the doctrine of Aboriginal title developed by Chief Justice Marshall of the United States Supreme Court. The nature and legal basis of that doctrine are reviewed in detail, and the relevance of the doctrine to Canadian and Commonwealth jurisdictions is explored.