U.S. Supreme Court Decisions

51 Landmark Cases Summarized and Explained in Simple English

Author: Douglas Moskowitz Editor

Publisher: Createspace Independent Publishing Platform

ISBN: 9781537637204

Category: Constitutional law

Page: 72

View: 3862


This casebook is the outcome of the P.A.T.C.H. Law Program of the Northport-East Northport Union Free School District in New York. The casebook provides students and teachers with a summary and explanation of 51 cases that support a better understanding of U.S. history and government. Among the cases reviewed are such landmark decisions as Marbury v. Madison, Dred Scott v. Sanford, Plessy v. Ferguson, Brown v. Board of Education, and Roe v. Wade. For each case, the casebook presents the judicial concepts involved, the facts of the case, the legal issues involved, and the court's opinion. The Appendix includes a Table of Cases, organized by major ideas, such as Civil Rights, Presidential Powers, and States Rights v. Federal Supremacy.

Aboriginal Customary Law: A Source of Common Law Title to Land

Author: Ulla Secher

Publisher: Bloomsbury Publishing

ISBN: 1782253769

Category: Law

Page: 534

View: 8605


Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).