LAWPUBL 477 : Comparative Indigenous Law Topics

Law

2024 Semester Two (1245) (15 POINTS)

Course Prescription

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

Course Overview

The aim of this is to consider Aotearoa New Zealand’s particular experience of Indigenous rights reforms of the last four decades with reference to reforms in other similarly situated settler states, especially Canada, USA and Australia.

What we have in common is a shared history of Anglo-imperial colonization and settlement with similar phases of: (1) first contact and recognition; (2) denial of rights and taking of tribal authority and territory (through violence and oppression and manipulation); (3) benign neglect and assimilation; and (4) Indigenous resurgence or belated-state building.

The plan is to cover these phases by focusing in a series of lectures/wananga/fono on particular themes. For example when considering (1) first contact and recognition we will discuss matters like: varying originalist views of Te Tiriti and implications for belated-state building; and how the US developed the notion of Indigenous peoples' inherent jurisdiction through a series of US Supreme Court cases, called the Marshall trilogy. 

The bulk of the focus will be on (4) Indigenous rresurgence or belated-state building. It would be good to explore in the context of a new Aotearoa New Zealand coalition that has proposed the rolling back of significant reforms on Indigenous rights the following questions. How did we get here? And what should we do now? Are treaty settlements “as good as it gets”? is there any future for co-governance? What about major constitutional change? What’s a proper path to constitutional change? What process and what principles should guide us? What can we learn from the experience of other nations (and what could they learn from us?)

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, LAWPUBL 458

Capabilities Developed in this Course

Capability 1: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 7: Collaboration
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Critically evaluate different approaches to Indigenous rights recognition across CANZUS settler states. (Capability 1.1, 1.2, 3.1, 3.2, 4.1, 4.2, 5.1, 6.1, 7.1 and 8.1)
  2. Develop understanding of key justfications for Indigenous rights and opposing views (Capability 1.1, 1.2, 3.1, 4.1, 5.1 and 8.1)
  3. Develop the ability to identify solutions to the challenges of Indigenous rights recognition (Capability 1.1, 1.2, 3.1, 4.1, 4.2, 5.1 and 8.1)
  4. Demonstrate an understanding of of the history of colonization and settlement in the settler states (Capability 1.1, 1.2, 3.1 and 4.1)
  5. Critically evaluate proposals for constitutional reform with a big C (Capability 1.1, 1.2, 2.1, 3.1, 4.1, 4.2 and 5.1)
  6. Critically evaluate current scholarship and make their own contribution through written work (Capability 1.1, 1.2, 2.1, 3.1, 3.2, 4.1, 4.2, 5.1, 6.1, 7.1 and 8.1)
  7. Analyse problems in a group discussion session (Capability 1.1, 1.2, 2.1, 3.1, 3.2, 4.1, 4.2, 5.1, 6.1, 7.1 and 8.1)

Assessments

Assessment Type Percentage Classification
Essay 40% Individual Coursework
Final Exam 40% Individual Test
Assignments 20% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6 7
Essay
Final Exam
Assignments

Workload Expectations

This is a standard 15-point course. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience

Attendance is expected at scheduled activities including lectures 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

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.

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.

i will review feedback and reflect on how to address all matters raised in feedback for the future course offerings. 

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 for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

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 course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, 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 students may be asked to submit 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. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 11/07/2024 03:18 p.m.