LAW4684 - Comparative indigenous rights - 2017

The unit is a comparative law unit, analysing and discussing the rights of Indigenous peoples in four jurisdictions of Australia, Canada, New Zealand, and the United States. The main topics to be covered are:

• Indigenous sovereignty,
• European acquisition of sovereignty,
• land and resource rights,
• self-government, and
• constitutional issues.

The course will be taught from a critical perspective, comparing and assessing the treatment of Indigenous rights in the four jurisdictions.

On completion of the subject students should:

1. understand and appraise indigenous rights in four jurisdictions, Australia, Canada, New Zealand and United States;
2. have knowledge of the significance of Indigenous sovereignty, European acquisition of sovereignty, land and resource rights and self-government;
3. critique the relevant legal and constitutional issues;
4. debate and critically analyse the treatment of indigenous rights in Australia, Canada, New Zealand and United States;
5. research and apply the law studied to new and emerging contemporary problems in Indigenous rights.

Attendance requirement: Students who fail to attend at least 80% of the classes in this unit (ie who miss 3 or more classes) will receive a result of 0 N for the unit. Students who are unable to meet this requirement due to severe illness or other exceptional circumstances must make an application for in-semester special consideration with supporting documentation.

1. Seminar presentation: 10%
2. Report (750 words): 15%
3. Take home examination (3750 words): 75%

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Prof Marilyn Pittard Researcher ProfileResearcher Profile (http://monash.edu/research/explore/en/persons/marilyn-pittard(585bd988-502f-43f7-961d-cd6344ac72d0).html)

For students who commenced their LLB course prior to 2015: LAW1000 or LAW1101 and LAW1102 or LAW1104; LAW2101; LAW2102; LAW 2201; LAW2202; LAW3101; LAW3301.

For students who commenced their LLB (Hons) course in 2015 or later: LAW1111; LAW1112; LAW1113; LAW1114; LAW2101; LAW2102; LAW2111; LAW2112.

LAW4158 Indigenous peoples and the law

LAW4197 Current issues in Indigenous rights