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Beneficial Ownership

Author: Matthias Reinhard-DeRoo
Publisher: Springer Science & Business Media
ISBN: 3319016865
Size: 48.97 MB
Format: PDF
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The hunt for beneficial owners is on. Like an elephant, the beneficial owner hides in the jungle of complex legal structures, waiting to be discovered by eager prosecutors. But what lies behind this metaphor? What is a Beneficial Owner? Is beneficial ownership a right? What does this right encompass? What is the value of this right compared to other rights? And if beneficial ownership is not a right, is it still a legally relevant relation? How do courts, namely the U.S. Supreme Court deal with the concept? When do Anglo-American judges and European scholars resort to the concept? This book approaches these questions from two perspectives: legal fundamentals and the field of U.S. federal Indian law. Both legal theories and case law are scrutinized with the aim to find a better understanding of the basic conception and characteristics of beneficial ownership. Federal Indian law has been chosen for the study of the concrete implications of the beneficial ownership concept in what Roscoe Pound referred to as “the law in action.” To some, this choice of legal field might seem somewhat unusual. What answers could federal Indian law possibly offer with regard to pressing questions from the financial industry? As always, there is a short and a long answer. The short answer is that the analysis of an equally sophisticated field of law can open new perspectives on a given field of law. For example, not only potential criminals and tax evaders but also members of an older civilization are beneficial owners. The long answer can be found in this very book.

Aboriginal Customary Law A Source Of Common Law Title To Land

Author: Ulla Secher
Publisher: Bloomsbury Publishing
ISBN: 1782253769
Size: 51.70 MB
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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).

American Indian Tribal Law

Author: Matthew L.M. Fletcher
Publisher: Wolters Kluwer Law & Business
ISBN: 1454824212
Size: 61.34 MB
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American Indian Tribal Law is an engaging narrative text that examines the development of tribal justice systems from pre-contact, through colonization, and into our modern era of self-government. A unique offering in its field, American Indian Tribal Law describes modern tribal government activities and explores how disputes are resolved within American Indian nations. For courses or seminars on American Indian Law or Tribal Governments, this text features: a survey of over 300 tribal courts nationwide and over 565 Indian tribes , each following their own law incisive looks at flashpoints in tribal law, such as the Cherokee Freedmen citizenship disputes same sex marriage in Indian Country constitutional crises in tribal governments

Art And Cultural Heritage

Author: Barbara T. Hoffman
Publisher: Cambridge University Press
ISBN: 9780521857642
Size: 63.76 MB
Format: PDF
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Art and Cultural Heritage is appropriately, but not solely, about national and international law respecting cultural heritage. It is a bubbling cauldron of law mixed with ethics, philosophy, politics and working principles looking at how cultural heritage law, policy and practice should be sculpted from the past as the present becomes the future. Art and cultural heritage are two pillars on which a society builds its identity, its values, its sense of community and the individual. The authors explore these demanding concerns, untangle basic values, and look critically at the conflicts and contradictions in existing art and cultural heritage law and policy in its diverse sectors. The rich and provocative contributions collectively provide a reasoned discussion of the issues from a multiplicity of views to permit the reader to understand the theoretical and philosophical underpinnings of the cultural heritage debate.

After Captain Cook

Author: Rodney Harrison
Publisher: Rowman Altamira
ISBN: 9780759106574
Size: 28.40 MB
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The papers collected in this volume address the historical archaeology of Aboriginal Australia & its application in researching the shared history of Aboriginal & settler Australians.

Native American Natural Resources Law

Author: Judith V. Royster
Publisher:
ISBN:
Size: 32.62 MB
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"This casebook explores issues relating to property rights, environmental protection, and natural resources in Indian country. The book covers tribal cultural and religious relationships with the land, fundamental principles of federal Indian law, land ownership and property rights of tribes, land use and environmental protection, natural resources development, taxation of lands and resources, water rights, usufructuary (hunting, fishing, gathering) rights, and international approaches to indigenous rights in land and natural resources. It is designed to be used in a stand-alone course or as a supplemental reader for courses in environmental law, natural resources law, or Native American studies.The second edition updates the casebook to include Supreme Court cases, such as the 2003 trust cases and the 2005 Sherrill case, as well as other judicial and legislative developments since 2002. The new edition also expands the materials on cultural and religious resources, natural resources damages, and international law; reorganizes the materials on water law; and includes the recent decision recognizing a right of habitat protection in treaties recognizing off-reservation fishing."

American Indian Law

Author: Robert T. Anderson
Publisher: West Group
ISBN: 9780314177322
Size: 79.33 MB
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This casebook provides a lucid introduction to the legal relationships between American Indian tribes and the federal government and the individual states. With original contextual material, the authors highlight the field's profound contradictions yet also emphasize its application and real world effects. The casebook incorporates the foundational cases with statutory text, hypothetical questions and other learning tools, and photographs and images to enhance student engagement. The chapters also highlight tribal actions that shaping and respond to the law, and include materials on tribal courts, constitutions, and other sovereign institutions. Throughout, students are exposed to differing scholarly views regarding the coherence and effects of this body of law.