Native title and land rights (6 points)
(LAW)
Leader: Ms P O'Connor
Offered:
Not offered in 2004.
Synopsis:
Objectives: Upon completion of this subject students should (1) have a general understanding of the common law and statutory framework of interests in land held by, or able to be claimed by, Aboriginal persons and groups; (2) have a detailed understanding of the nature and content of native title, and the evidentiary requirements and procedures for making claims; (3) be able to differentiate between the incidents of native title and other forms of Aboriginal tenure, particularly rights with respect to mining and development; (4) be able to compare the legal regimes for resolution of aboriginal land claims in Australia, the United States, Canada and New Zealand; (5) be able to understand, evaluate and apply policy arguments for and against reform of the laws relating to Aboriginal rights and interests in land; (6) know how to identify or find relevant principles, laws and precedents and apply them to resolve problems relating to Aboriginal land disputes; (7) have further developed legal research and writing and legal argument skills by undertaking systematic research into legal policy, rules and procedures relating to Aboriginal interests in land; and (8) have further developed skills of oral presentation of legal policy, rules and argument in an interactive seminar context.
Assessment: Research paper (5000 words): 50% + Take-home examination or second research paper (5000 words): 50%
Contact Hours: One 2-hour seminar per week
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