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• Preface
• Dispossesion and colonisation / Terri Libesman
• Warfare to welfare : genocide to racial discrimination / Terri Libesman
• Contemporary Aboriginal and Torres Strait Islander children's welfare / Terri Libesman
• Juvenile justice / Chris Cunneen
• Criminalisation and policing in indigenous communities / Chris Cunneen
• Courts, sentencing and punishment / Chris Cunneen
• Indigenous women and criminal justice / Chris Cunneen
• Land rights / Nicole Watson
• Native title / Asmi Wood
• Maintain, control, support, protect and develop cultural heritage / Robynne Quiggin
• Racial discrimination and the law / Nicole Watson
• The new paternalism / Larissa Behrendt
• A framework of self-determination / Larrisa Behrendt
• Unfinished business / Larissa Behrendt.

Aboriginal and Torres Strait Islander Legal Relations Second Edition considers the contact of Aboriginal and Torres Strait Islanders with Anglo-Australian law, and deals primarily with the problems the imposed law has had in its relationship with Indigenous people in Australia. The book is comprehensive in scope and covers key issues relating to sovereignty, jurisdiction and territorial acquisition; family law and child protection; criminal law, policing and sentencing; land rights and native title; cultural heritage, heritage protection and intellectual property; anti-discrimination law; international human rights law; constitutional law; social justice, self-determination and treaty issues.
(source: Nielsen Book Data)

• Introduction Part I: Australian Land Law and the Meaning of Radical Title Pre-Mabo Chapter One: The Origin and Application of the Doctrine of Absolute Crown Ownership in Australia: The Common Law 1788-1992 I The Feudal Basis of Land Law in England II The Reception of Land Law into the Australian Colonies III Conclusion Chapter Two: The Meaning of Radical Title Pre-Mabo I The Meaning of Radical Title: The Leading Privy Council Authorities (Re)Examined II International v Municipal Law: American Authority III New Zealand Authority IV Conclusion Part II: The Doctrine of Tenure and the Juridical Consequences of the Colonial Law Classification of an 'Inhabited' Colony as 'Settled' Re-examined Post-Mabo Chapter Three: The Doctrine of Tenure and the Common Law Consequences of the Classification of an 'Inhabited' Colony as 'Settled' Post-Mabo: Emergence of the Doctrine of Tenure ad Veritatem and the Doctrine of Continuity Pro-Tempore I Radical Title as the Postulate of the Doctrine of Tenure ad Veritatem II The Reception of Land Law into the Australian Colonies Revisited III Post-Mabo Developments IV Conclusion Part III: The Meaning of Radical Title in Post-Mabo Australian Jurisprudence Chapter Four: Radical Title and Unalienated Land Post-Mabo I Automatic Expansion of Radical Title in Respect of Original Unalienated Land: Brennan J's Reliance on the 'No Other Proprietor' Principle (Radical Title as a Concomitant of Sovereignty) II Automatic Expansion of Radical Title in Respect of Currently Unalienated Land: Brennan J's 'Reversion Expectant' Argument (Radical Title as Both the Postulate of the Doctrine of Tenure and a Concomitant of Sovereignty) III Extinguishment of Native Title by Crown Grant IV Native Title Legislation: Implications for Property Rights to Currently Unalienated Land V Conclusion Chapter Five: Radical Title: Lessons from the Sea I The Crown's Title to the Territorial Seabed and Beyond: The Position Before Mabo II The Crown's Title to the Territorial Seabed and Beyond Post-Mabo: WMC and YarmirrFC III Summary IV Yarmirr: The High Court V Post-Yarmirr Developments VI Conclusion Part IV: The Practical Implications of the Crown's Radical Title Chapter Six: Crown Acquisition of a Plenary Title: The Common Law Record Requirement and Statutory Regimes Regulating the Alienation of Land I Occupancy as a Basis of Original Crown Ownership II The Record Requirement III Crown Land Statutes: Statutory Definition of 'Crown Land' IV Legislative Provisions Dealing with the Power to Legislate Regarding Crown Land V Conclusion Chapter Seven: The Doctrine of Common Law Aboriginal Customary Title in Australia and Implications for South Africa I Aboriginal Customary Law: A Source of Non-Derivative Common Law Title to Land II First Limb of the Doctrine of Common Law Aboriginal Customary Title: Title Arising After Acquisition of Sovereignty III Second Limb of the Doctrine of Common Law Aboriginal Customary Title: Title Arising Before Acquisition of Sovereignty IV Doctrinal Underpinnings for Aboriginal Customary Title V Aboriginal Customary Law as a Source of Non-Derivative Common Law Title to Land in Ceded and Conquered Colonies: South Africa Post-Richtersveld VI Conclusion Chapter Eight: Canada: Application and Implications of the Doctrine of Common Law Aboriginal Customary Title I The Reception of Law in Canada: the Constitutional Status of the Canadian Provinces and Territories Reconsidered II The Doctrine of Tenure, Radical Title and Aboriginal Land Rights in Canada III Bipartite Colonial Contexts - Quebec and Aboriginal Title IV Conclusion Conclusions.
• (source: Nielsen Book Data)

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).
(source: Nielsen Book Data)

• The origin and application of doctrine of absolute crown ownership in Australia : the common law 1788-1992
• The meaning of radical title pre-Mabo
• The doctrine of tenure and the common law consequences of the classification of an "inhabited" colony as "settled" post-Mabo : emergence of the doctrine of tenure ad veritatem and the doctrine of continuity pro-tempore
• Radical title and unalienated land post-Mabo
• Radical title : lessons from the sea
• Crown acquisition of a plenary title : the common law record requirement and statutory outcomes regulating the alienation of land
• The doctrine of common law aboriginal customary title in Australia and implications for South Africa
• Canada : application and implications of the doctrine of common law aboriginal customary title
• Conclusions.

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).
(source: Nielsen Book Data)

Looks at the history and significance of land rights; provides a perspective of legal and political arguments relating to land rights.

• Kaldowinyeri
• Raw law, song, ceremony, ruwe
• Naked : the coming of the cloth
• Who's your mob? How are you related?
• Dressed to kill
• Indigenous ways : a future.

• 1 The issue of sovereignty2 Indigenous nationalism, self-determination3 The development of Aboriginal identity4 Mabo and the historians5 Mabo and the question of pastoral leases6 Land use and native title7 The question of genocide.
• (source: Nielsen Book Data)

Since Federation, Australians have thought of themselves as one sovereign nation. A nation for a continent. But what of the original Australians? In the aftermath of the Mabo decision, what do we make of their prior rights? Are they nations within? Aboriginal Sovereignty is a challenging and provocative study of the political, legal and constitutional relations between indigenous Australians and mainstream society. It presents a bold new interpretation of Aboriginal political development. It challenges us to consider that the Mabo decision is not the boundary at which the recognition of indigenous rights must cease. Aboriginal Sovereignty confronts the question of whether Aboriginal society exercised a form of sovereignty before 1788, whether the 'tribes' were actually small 'nations'. It considers legal interpretations of what happened when the Briton arrived and pits these interpretations against the record. It looks at the political and legal ramifications of customary law and then considers current political and constitutional discussion, in Australia and overseas. What are the lessons from North America? Can there be self-determination.
(source: Nielsen Book Data)

• 1 The issue of sovereignty2 Indigenous nationalism, self-determination3 The development of Aboriginal identity4 Mabo and the historians5 Mabo and the question of pastoral leases6 Land use and native title7 The question of genocide.
• (source: Nielsen Book Data)

Since Federation, Australians have thought of themselves as one sovereign nation. A nation for a continent. But what of the original Australians? In the aftermath of the Mabo decision, what do we make of their prior rights? Are they nations within? Aboriginal Sovereignty is a challenging and provocative study of the political, legal and constitutional relations between indigenous Australians and mainstream society. It presents a bold new interpretation of Aboriginal political development. It challenges us to consider that the Mabo decision is not the boundary at which the recognition of indigenous rights must cease. Aboriginal Sovereignty confronts the question of whether Aboriginal society exercised a form of sovereignty before 1788, whether the 'tribes' were actually small 'nations'. It considers legal interpretations of what happened when the Briton arrived and pits these interpretations against the record. It looks at the political and legal ramifications of customary law and then considers current political and constitutional discussion, in Australia and overseas. What are the lessons from North America? Can there be self-determination.
(source: Nielsen Book Data)

• Introduction / Gary Foley, Andrew Schaap and Edwina Howell
• The aboriginal embassy : an account of the protest of 1972 / Scott Robinson
• A reflection on the first thirty days of the embassy / Gary Foley
• The origins of aboriginal political consciousness and the aboriginal embassy, 1907-1972 / Gordon Briscoe
• Aboriginal protest / Leith Duncan
• Black power : by any means necessary / Edwina Howell
• Tracking back : parallels between the 1920s aboriginal political movements parallels and 1972 tent embassy / John Maynard
• The freedom ride and the tent embassy / Ann Curthoys
• The beginnings of the embassy (January 1972)
• Camping indefinitely at the embassy (February-June 1972)
• Confrontation at the embassy (July 1972)
• The continuing presence of the embassy since 1992
• Anniversary reflections
• The constitutional politics of the aboriginal embassy / Paul Muldoon & Andrew Schaap
• Stating genocide in law / Jennifer Balint
• The spatial politics of aboriginal protest in the parliamentary triangle / Kurt Iveson
• War by other means : the Australian war memorial and the aboriginal tent embassy in national space and time / Fiona Nicoll
• What do we want? not native title, that's for bloody sure / Nicole Watson.

The 1972 Aboriginal Embassy was one of the most significant indigenous political demonstrations of the twentieth century. What began as a simple response to a Prime Ministerial statement on Australia Day 1972, evolved into a six-month political stand-off between radical Aboriginal activists and a conservative Australian government. The dramatic scenes in July 1972 when police forcibly removed the Embassy from the lawns of the Australian Houses of Parliament were transmitted around the world. The demonstration increased international awareness of the struggle for justice by Aboriginal people, brought an end to the national government policy of assimilation and put Aboriginal issues firmly onto the national political agenda. The Embassy remains today and on Australia Day 2012 was again the focal point for national and international attention, demonstrating the intensity that the Embassy can still provoke after forty years of just sitting there. If, as some suggest, the Embassy can only ever be removed by Aboriginal people achieving their goals of Land Rights, Self-Determination and economic independence then it is likely to remain for some time yet. 'This book explores the context of this moment that captured the world's attention by using, predominantly, the voices of the people who were there. More than a simple oral history, some of the key players represented here bring with them the imprimatur of the education they were to gain in the era after the Tent Embassy. This is an act of radicalisation. The Aboriginal participants in subversive political action have now broken through the barriers of access to academia and write as both eye-witnesses and also as trained historians, lawyers, film-makers. It is another act of subversion, a continuing taunt to the entrenched institutions of the dominant culture, part of a continuum of political thought and action.' (Larissa Behrendt, Professor of Law, Jumbunna Indigenous House of Learning, University of Technology Sydney).
(source: Nielsen Book Data)

• Foreword
• Preface
• Introduction to access regulations
• Economic concepts
• Why regulate access?
• Key forms of access regulation
• The building block model
• Role of regulatory bodies
• The national access regime
• Electricity
• Gas
• Telecommunications
• Port and rail
• Review of regulatory decisions.

"This is a very timely release as essential infrastructure continues to be privatised around Australia. Access is regulated to ensure that owners of critical infrastructure cannot exercise market power in a manner that prevents competition in related markets. In the energy, transport and telecommunications sectors, access to services provided by major assets is managed by complex regulatory regimes. Regulation promotes competition, investment and economically efficient outcomes, in contexts where natural monopolies might otherwise prevail. Overseeing all of this are the statutory regulators and the Australian Competition Tribunal. From a national perspective, but with reference to state regulatory regimes where necessary, [this book] provides...guidance on third party access frameworks. It addresses the forms of, and approaches to, access regulation. The access regimes are reviewed by sector, as well as the mechanisms for review of access-related decisions."-- Back cover.