LAWPUBL 458 : Comparative Indigenous Law Topics

Law

2021 Semester One (1213) (10 POINTS)

Course Prescription

Study of law and legal issues affecting indigenous peoples in various jurisdictions.

Course Overview

Nau mai haere mai!
This course will introduce students to law relevant to Indigenous peoples primarily in New Zealand, the United States, Canada and, peripherally, Australia. It will focus on topics such as:
o The colonial acquisition of sovereignty over indigenous peoples;
o Indigenous peoples’ self-government;
o The relationship between indigenous women’s rights and indigenous customary law;
o The legal status of treaties between indigenous peoples and states;
o Aboriginal title
o Settlements between Indigenous peoples and the state;
o Race and Indigenous peoples; and
o International and regional law on indigenous peoples’ rights.
Class interaction and discussion will be encouraged, albeit in a relaxed way.

Course Requirements

Prerequisite: 30 points at Stage II in Global Environment and Sustainable Development or Global Politics and Human Rights, or LAW 211 Restriction: LAW 463

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Analyse and evaluate relevant domestic law in respective jurisdictions on the rights of Indigenous peoples (Capability 1.3, 2.1, 5.2, 6.1, 6.2 and 6.3)
  2. Understand and critically evaluate different approaches to the relationship between Indigenous peoples and state institutions (Capability 1.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.3, 5.2, 6.1, 6.2 and 6.3)
  3. Compare and contrast the respective positives and negatives of the various approaches to Indigenous peoples' rights in various jurisdictions (Capability 1.1, 1.3, 2.1, 2.2, 2.3, 3.2, 4.1, 5.1, 5.2, 6.1, 6.2 and 6.3)
  4. Demonstrate an understanding of how international law impacts domestic law and Indigenous peoples' laws with respect to Indigenous peoples' claims to justice (Capability 1.1, 1.3, 2.3, 3.1, 3.2, 3.3, 4.2, 4.3, 5.1, 5.2, 6.1, 6.2 and 6.3)

Assessments

Assessment Type Percentage Classification
Essay 50% Individual Coursework
Take-home test 50% Individual Test
Assessment Type Learning Outcome Addressed
1 2 3 4
Essay
Take-home test

You will also be required to submit an essay outline for the purposes of feedback before submitting your essay.

Workload Expectations

This is a standard 10-point course. There will be around 24 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 100 hours.


Delivery Mode

Campus Experience

Attendance is expected at scheduled activities to complete components of the course.
Lectures will be available as recordings. 
The course will not include live online events.
Attendance on campus is not required for the test.
The activities for the course are scheduled as a standard weekly timetable.

Learning Resources

Students will be required to read the materials in the course book prepared for this course as well as additional materials as and when set by the instructor.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 02/12/2020 08:38 p.m.