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Issues papers

Land, Rights, Laws: Issues of Native Title

Land, Rights, Laws: Issues of Native Title is a multi-disciplinary series of research papers that analyse emerging issues in native title research in a condensed and accessible short form. The series allows practitioners and researchers to provide arguments in the context of well-defined subject areas and research methods. Papers are anonymously peer-reviewed by at least two independent experts and are generally between 3500 and 7000 words in length.

For more information, to subscribe to the Issues Paper series or to submit your completed paper please contact the Native Title Research Unit.

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Related newsletter

Native Title in the News provides summaries of newspaper articles and media releases relevant to native title. These summaries are produced monthly and are also published in What's New.

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Native title and traditional ownership issues papers

Title	Author	Edition		Date
Native Title Anthropology after the Timber Creek Decision	Pamela Faye McGrath	6:5	2017-01-25 00:00:00	2017-01-25 00:00:00Jan, 2017
Wearing two hats: The conflicting governance roles of native title corporations and community/shire councils in remote Aboriginal and Torres Strait Islander communities	Tran Tran	6:4	2016-03-31 00:00:00	2016-03-31 00:00:00Mar, 2016
Gender and generation in native title: Director demographics and the future of prescribed bodies corporate	Geoff Buchanan	6:3	2015-03-01 00:00:00	2015-03-01 00:00:00Mar, 2015
Black and green revisited: Understanding the relationship between Indigenous and environmental political formations	David Ritter	6:2	2014-11-30 00:00:00	2014-11-30 00:00:00Nov, 2014
In the Native Title 'hot tub': expert conferences and concurrent expert evidence in Native Title	Vance Hughston Tina Jowett	6:1	2014-08-30 00:00:00	2014-08-30 00:00:00Aug, 2014
Re-evaluating Mabo: the case for Native Title reform to remove discrimination and promote economic opportunity	Shireen Morris	5:3	2012-06-30 00:00:00	2012-06-30 00:00:00Jun, 2012
Constitutional reform and its relationship with land justice	Sean Brennan	5:2	2011-10-30 00:00:00	2011-10-30 00:00:00Oct, 2011
Recognising Indigenous peoples in the Australian Constitution: What the Constitution should say and how the referendum can be won	George Williams	5:1	2011-09-30 00:00:00	2011-09-30 00:00:00Sep, 2011
Challenging the assumptions of positivism: An analysis of the concept of society in Sampi on behalf of the Bardi and Jawi People v Western Australia [2010] and Bodney v Bennell [2008]	Marcelle Burns	4:7	2011-05-30 00:00:00	2011-05-30 00:00:00May, 2011
Housing on Native Title lands: responses to the housing amendments of the Native Title Act	Claire Stacey Joe Fardin	4:6	2011-03-30 00:00:00	2011-03-30 00:00:00Mar, 2011
Written proof: The appropriation of genealogical records in contemporary Arrernte society	Rebecca Morgan Helen Wilmot	4:5	2010-09-30 00:00:00	2010-09-30 00:00:00Sep, 2010
The family connection when a charity is for the advancement of Indigenous Peoples: Australia and New Zealand compared	Fiona Martin Audrey Sharp	4:4	2009-11-30 00:00:00	2009-11-30 00:00:00Nov, 2009
Negotiation in good faith under the Native Title Act: A critical analysis	Sarah Burnside	4:3	2009-10-30 00:00:00	2009-10-30 00:00:00Oct, 2009
Native Title in Canada and Australia post Tsilhqot'in: Shared thinking or ships in the night?	Simon Young	4:2	2009-08-30 00:00:00	2009-08-30 00:00:00Aug, 2009
Societies, communities and Native Title	Kingsley Palmer	4:1	2009-08-30 00:00:00	2009-08-30 00:00:00Aug, 2009
Confessions of a native judge: Reflections on the role of transitional justice in the transformation of indigeneity	Chief Judge Joe Williams	3:14	2008-06-30 00:00:00	2008-06-30 00:00:00Jun, 2008
Impacts and opportunities of climate change: Indigenous participation in environmental markets	Emily Gerrard	3:13	2008-04-30 00:00:00	2008-04-30 00:00:00Apr, 2008
Plus ca change, plus c’est la meme chose?: The 2007 amendments to the Native Title Act	Justice Robert French	3:12	2008-02-28 00:00:00	2008-02-28 00:00:00Feb, 2008
Ethnographic evidence, rights and interests, and Native Title claim research	Lisa Corbellini	3:11	2007-09-30 00:00:00	2007-09-30 00:00:00Sep, 2007
Reforming the claims resolution process: Opportunities and obstacles	Graeme Neate	3:10	2007-08-30 00:00:00	2007-08-30 00:00:00Aug, 2007
Native title and governance: The emerging corporate sector prescribed for Native Title holders	Jessica Weir	3:9	2007-07-30 00:00:00	2007-07-30 00:00:00Jul, 2007
Jango: Payment of compensation for the extinguishment of Native Title	Tina Jowett Kevin Williams	3:8	2007-05-30 00:00:00	2007-05-30 00:00:00May, 2007
Anthropology and applications for the recognition of Native Title	Kingsley Palmer	3:7	2007-03-30 00:00:00	2007-03-30 00:00:00Mar, 2007
Waiting for Mary: Process and practice issues in negotiating Native Title Indigenous decision-making and dispute management management frameworks	Toni Bauman	3:6	2006-06-30 00:00:00	2006-06-30 00:00:00Jun, 2006
Balancing the scales of Indigenous land justice in Victoria	Dr Wayne Atkinson	3:5	2006-03-30 00:00:00	2006-03-30 00:00:00Mar, 2006
Native title-holding groups and Native Title societies: Sampi v Western Australia	Dr Lisa Strelein	3:4	2005-11-30 00:00:00	2005-11-30 00:00:00Nov, 2005
White picket fence or Trojan horse? The debate over communal ownership of Indigenous land and individual wealth creation	Dr Stuart Bradfield	3:3	2005-06-30 00:00:00	2005-06-30 00:00:00Jun, 2005
Whose benefits? Whose rights? Negotiating rights and interests amongst Indigenous native title parties	Toni Bauman	3:2	2005-04-30 00:00:00	2005-04-30 00:00:00Apr, 2005
Authorisation and replacement of applicants: Bolton v WA [2004] FCA 760	Dr Lisa Strelein	3:1	2005-03-30 00:00:00	2005-03-30 00:00:00Mar, 2005
The recognition level of the native title claim group: A legal and policy perspective	Daniel Lavery	2:30	2004-12-30 00:00:00	2004-12-30 00:00:00Dec, 2004
An anthropological perspective on writing for the court	Katie Glaskin	2:29	2004-09-30 00:00:00	2004-09-30 00:00:00Sep, 2004
Promoting economic and social development through Native Title	The Aboriginal and Torres Strait Islander Social Justice Commissioner	2:28	2004-08-30 00:00:00	2004-08-30 00:00:00Aug, 2004
Practical reconciliation, practical re-colonisation?	John Borrows	2:27	2004-05-30 00:00:00	2004-05-30 00:00:00May, 2004
Agreeing to terms: What is a �?comprehensive’ agreement?	Dr Stuart Bradfield	2:26	2004-03-30 00:00:00	2004-03-30 00:00:00Mar, 2004
Native Title and agreement making in the mining industry: Focusing on outcomes for Indigenous peoples	Ciaran O'Faircheallaigh	2:25	2004-02-28 00:00:00	2004-02-28 00:00:00Feb, 2004
Beyond Yorta Yorta (Based on a paper prepared for the AIATSIS Native Title Conference Alice Springs June 2003)	John Basten QC	2:24	2003-10-30 00:00:00	2003-10-30 00:00:00Oct, 2003
Indigenous Pueblo culture and tradition in the justice system: Maintaining Indigenous language, thought and law in judicial review	Christine Zuni Cruz	2:23	2003-06-30 00:00:00	2003-06-30 00:00:00Jun, 2003
�?Abandonment’ or maintenance of country? A critical examination of mobility patterns and implications for Native Title	Dr Peter Veth	2:22	2003-04-30 00:00:00	2003-04-30 00:00:00Apr, 2003
Members of the Yorta Yorta Aboriginal Community v Victoria [2002] HCA 58 (12 December 2002) - Comment	Dr Lisa Strelein	2:21	2003-02-28 00:00:00	2003-02-28 00:00:00Feb, 2003
Negotiating comprehensive settlement of Native Title issues: Building a new scale of justice in South Australia	Parry Agius Jocelyn Davies Richie Howitt Lesley Johns	2:20	2002-12-30 00:00:00	2002-12-30 00:00:00Dec, 2002
Pastoral Access Protocols: The corrosion of Native Title by contract	Frances Flanagan	2:19	2002-11-30 00:00:00	2002-11-30 00:00:00Nov, 2002
Winning native title: The experience of the Nharnuwangga, Wajarri and Ngarla People	Michelle Riley	2:19	2002-11-30 00:00:00	2002-11-30 00:00:00Nov, 2002
Diaspora, materialism, tradition: Anthropological issues in the recent High Court appeal of the Yorta Yorta	Dr James F. Weiner	2:18	2002-10-30 00:00:00	2002-10-30 00:00:00Oct, 2002
Western Australia v Ward on Behalf of Miriuwung Gajerrong, High Court of Australia, 8 August 2002: Summary of Judgement	Dr Lisa Strelein	2:17	2002-08-30 00:00:00	2002-08-30 00:00:00Aug, 2002
The international concept of equality of interest in the sea as it affects the conservation of the environment and indigenous interests	The Hon Anthony Mason	2:16	2002-06-30 00:00:00	2002-06-30 00:00:00Jun, 2002
Preserving culture in federal court proceedings: Gender restrictions and anthropological experts	Greg McIntyre Geoffrey Bagshaw	2:15	2002-05-30 00:00:00	2002-05-30 00:00:00May, 2002
"Like something out of Kafka": The relationship between the roles of the National Native Title Tribunal and the Federal Court in the development of native title practice	Susan Phillips	2:14	2002-04-30 00:00:00	2002-04-30 00:00:00Apr, 2002
Recent developments in native title law and practice: Issues for the High Court	John Basten QC	2:13	2002-02-28 00:00:00	2002-02-28 00:00:00Feb, 2002
The beginning of certainty: Consent determinations of Native Title	Paul Sheiner	2:12	2001-11-30 00:00:00	2001-11-30 00:00:00Nov, 2001
Expert witness or advocate? Emerging issues and future directions	Bruce Shaw	2:11	2001-10-30 00:00:00	2001-10-30 00:00:00Oct, 2001
Review of Conference: Emerging issues and future directions	Graeme Neate	2:10	2001-10-30 00:00:00	2001-10-30 00:00:00Oct, 2001
Anthropology and connection reports in Native Title claim applications	Dr Julie Finlayson	2:9	2001-08-30 00:00:00	2001-08-30 00:00:00Aug, 2001
The content of Native Title: Questions for the Miriuwung Gajerrong Appeal	Gary Meyers	2:7	2000-11-30 00:00:00	2000-11-30 00:00:00Nov, 2000
Economic issues in valuation of and compensation for loss of Native Title rights	David Campbell	2:8	2000-10-30 00:00:00	2000-10-30 00:00:00Oct, 2000
Local and �?diaspora’ connections to country and kin in central Cape York Peninsula	Benjamin Richard Smith	2:6	2000-09-13 00:00:00	2000-09-13 00:00:00Sep, 2000
Limitations to the recognition and protection Native Title offshore: The current 'accident of History'	Katie Glaskin	2:5	2000-06-30 00:00:00	2000-06-30 00:00:00Jun, 2000