9-11 July 1999 Newcastle, Australia CONFERENCE PROGRAM Important message for all delegates. Click here . FRIDAY, 9TH JULY 9.15-10.30 Registration 10.30-11.00 Morning Tea 11.00-11.15 Official Opening 11.15-12.30 Keynote Address Property and Citizenship: Past, Present and Future David Sugarman, Law, Lancaster University, UK 12.30-1.30 Lunch and AGM 1.30-3.00 Sessions Panel A: Constitutionalism and the Rhetoric of Politics in the 19th Century Chair: 1. The Place of Whiggish Rhetoric in Early Colonial New South Wales Ian Holloway, Law, Australian National University 2. Partus Sequitur Ventrem: Slavery, Property Rights, and the Language of Republicanism in Virginia's House of Delegates, 1831-1832 Christopher M. Curtis, History, Emory University, USA 3. The Deep Well of Conscience: Law and the Governor Eyre Controversy: some hypotheses Rande Kostal, Law, University of Western Ontario, Canada Panel B: Race, Crime and the State in Australia Chair: 1. The Politics of Queensland's 1861 Select Committee on the Native Mounted Police Libby Connors, History, University of Southern Queensland 2. The Bushranging Threat to Politics in the 1860s Sue West, History, University of Newcastle 3. Law and the Lake Tyers Aboriginal Reserve, 1935-1965 Mark Harris, Law and Legal Studies, La Trobe University 3.00-3.30 Afternoon Tea 3.30-4.45 Sessions Panel A: Land, Liberty and the Conflict between Cultures Chair: 1. 'Not to be Bought, Sold or Bartered With': Religious Communalists in a Fee Simple World--The Canadian Doukhobors and the Land Question, 1899-1999 John P.S. McLaren, Law, University of Victoria, Canada 2. Land and Liberty: A Clash of Traditions in Gold Rush California Paul Kens, Political Science and History, Southwest Texas University, USA Panel B: Women and Property Chair: 1. Torrens Title and the Married Woman Hilary Golder and Diane Kirkby, History, La Trobe University, Australia 2. Social Reform and Women in Colonial India: The Case of the Matrilineal Nairs of Kerala Mira T. Sundara Rajan, Law, University of British Columbia, Canada Panel C: Cultural Property and the Politics of Culture Chair: 1. Property Rights, Discrimination and the Transformation of Canadian Society: The Case of the Leonard Foundation Bruce Ziff, Law, University of Alberta, Canada 2. Land, Freedom, Creativity and Knowledge: The Protection of Indigenous Cultural and Intellectual Property Shelley Wright, Law, University of Sydney . SATURDAY, 10TH JULY 9.15-10.30 Sessions Panel A: Legal History and the Challenge of Information Technology Chair: Janet Aisbett, Information Technology, University of Newcastle 1. Webbing the Pacific: Enriching the Teaching of Colonial Legal History John P.S.McLaren, Law, University of Victoria, Canada 2. Cosmopolitanism and Indigeneity in the Network Society: Determining the Self and Self-Determination Paul Havemann, Law, University of Waikato, New Zealand Panel B: Feudalism, Native Title and the Origins of Modern Law Chair: 1. Native Title and the Origins of International Law Gregory Marks, ATSIC, Canberra 2. Freedoms Acquired through Easement Law Dennis Pavlich, University of British Columbia, Canada Panel C: Lunacy and the Law in Legal History Chair: 1. Law and the Irrational: Lunacy, Evidence and Capital Punishment in Colonial NSW Nancy Wright, English, University of Newcastle 2. Morons, Morals and Mentality: Mental Deficiency, Dangerousness and the Mental Defectives (Convicted Persons) Act 1919 (NSW) Jill Levenberg, History, University of Sydney 10.30-11.00 Morning Tea 11.00-12.30 Sessions Panel A: From Europe to the New Worlds: Property Rights and English Law in Settler Societies Chair: 1. From Frontiers to Assets: The Shaping of Property Rights in Neo-Europes, 1750-1900 John C. Weaver, History, McMaster University, Canada 2. Colonisation, Civilisation and Cultivation: Early Victorians and the Extension of their World Pat Moloney, Political Science and International Relations, Victoria University of Wellington, NZ 3. Beneath the Iceberg's Tip: Personal Injury/Wrongful Death Suits, the Settlement Process and Jury Awards: The 'Real' Law of Accidents in Britain and her Diaspora's Lands in the 19th century Peter Karsten, History, University of Pittsburgh, USA Panel B: The Dispossession of the Maori Chair: 1. Raupatu: The Punitive Confiscation of Maori Land in the 1860s Bryan Gilling, History, Victoria University of Wellington, NZ 2. 'A simple nullity': Chief Justice Sir James Prendergast, The Treaty of Waitangi and Wi Parata v The Bishop of Wellington (1877) Grant Morris, History, University of Waikato, NZ 3. An Assessment of New Zealand's Native Land Court David Williams, Law, University of Auckland, NZ Panel C: Property and Power in England and Australia Chair: 1. Husbanding the Earth and Hedging out the Poor: The English Improvement Debates of the 1650s Laura Brace, Politics, University of Leicester, UK 2. Property Rights in Pheasants: English Farmers and the Game Laws, 1845-1880 John Fisher, Economics, University of Newcastle 3. 'Discontent and Habits of Evasion': The Collection of Quit Rents in Van Diemen's Land, 1824-1863 Stefan Petrow, Law Library, University of Tasmania 12.30-1.30 Lunch 1.30-3.00 Sessions Panel A: Native Title and Land Claims in Australia, NZ, Canada and the USA Chair: 1. Belated Justice: A Comparison of the Indian Claims Commission and the Waitangi Tribunal David J. Wishart, Geography, University of Nebraska-Lincoln, USA 2. Indigenous Land Use Agreements--the Future of Native Title? Debra Fletcher, NSW Crown Solicitor's Office Panel B: The Politics of Race: Canadian/Australian Comparisons Chair: 1. Indigenous Peoples and Land: The Process of Dispossession in Australia and Canada Peggy Brock, History and Aboriginal Studies, Edith Cowan University 2. The Removal of Indigenous Children from their Families: A Comparative Analysis of Australia and Canada Tony Buti, Law, Murdoch University Panel C: Whose property rights? Liberalism/Nationalism Chair: Bill Mitchell, Economics, University of Newcastle, Australia 1. Private Land and Public Spaces: The Failure of Liberalism to cure the Regulatory Takings Muddle Danaya C. Wright, Law, University of Florida, USA 2. Property, Politics and Foreign Ownership Ray Anderson, Accounting and Finance, Victoria University of Technology Rodger Fernandez, Legal and Executive Studies, Victoria University of Technology Angelo Veljanovski, Legal and Executive Studies, Victoria University of Technology 3.00-3.30 Afternoon Tea 3.30-5.00 Plenary Session Indigenous Land Rights and Jurisprudence Speakers: Louise Mandell QC, Mandell Pinder Barristers and Solicitors, Vancouver, British Columbia Stuart Rush QC, Rush Crane Guenther Barristers and Solicitors, Vancouver, British Columbia 7.00 Conference Dinner . SUNDAY, 11TH JULY 9.15-10.30 Sessions Panel A: The Uses and Abuses of History in the Adjudication of Indigenous People's Rights Chair: 1. A Poverty of Evidence: abusing law and history to deny the Yorta Yorta land justice Roderic Pitty, Newcastle Legal Centre 2. Historical Narrative and its application to Proof of Title Christine Choo, Aboriginal Legal Service of Western Australia Panel B: Re-interpreting the History of Property and Land Law in Australia Chair: 1. The 'Peculiarities of Property' in Colonial New South Wales Andrew Buck, Politics, University of Newcastle 2. Tenure and Statute: Reconceiving the Basis of Landholding in Australia Shaunnagh Dorsett and Lee Godden, Law, Griffith University Panel C: Property and Community in Settler Societies: Canada and Australia Chair: 1.Environmental Influences on Property Ownership and Inheritance in Saltfleet Township, Ontario, Canada Sean Gouglas, History, McMaster University 2. From Frontier to Settlement: Dungog, New South Wales, 1850-1900 Glenda Strachan, Management, University of Newcastle 10.30-11.00 Morning Tea 11.00-12.30 Sessions Panel A: Land and Sovereignty in Africa and Australia Chair: 1. Land Rights without Sovereignty: Indigenous Rights and Claims to Land in Australia and Botswana Andrew Honey, History, University of NSW Barbara Nicholson, Aboriginal Studies, University of Wollongong 2. The Problem of Trusteeship in South Africa Asma Hassan, History, University of Natal, Durban, South Africa 3. The Contested Market for Land in Kampala Rae I. Porter, Royal Melbourne Institute of Technology Panel B: International Law and Sovereign Rights Chair: 1. The Struggle for Palestinian Self-Determination, Autonomy and Sovereignty: An Historical Perspective Joanne Elizabeth Lee, Law, University of British Columbia, Canada 2. Negotiation of the 1968 Agreement on Fisheries between the Commonwealth of Australia and Japan Shirley Scott, Political Science, University of NSW 3. International Law and the Cuban Missile Crisis Radhika Withana-Arachchi, Political Science, University of NSW Panel C: Till Death do us part? Marriage, Property and Divorce Chair: 1. The History of Marriage and Modern Law Frank Bates, Law, University of Newcastle 2. Moral Duty and Family Provision Rosalind Atherton, Law, University of Sydney 3. Divorce in a Federation: From guilt to breakdown, from property to family policy Henry Finlay, Law, University of Tasmania 12.30-1.30 Lunch 1.30-3.00 Closing Plenary Session Panel: Lawyers and Legal Professions in History Chair: David Sugarman, Law, Lancaster University, UK 1. Lawyers and Freedom Wes Pue, Law, University of British Columbia, Canada 2. Together We Fall, Divided We Stand: The Victorian Legal Profession in Crisis, 1890-1940 Rob McQueen, Law and Legal Studies, La Trobe University 3. The English Bar's retreat from Enlightenment: Thomas Erskine as Romantic Populist David Lemmings, History, University of Newcastle 4. William Blackstone, Architecture and Law Wilfred Prest, History, University of Adelaide Back This site designed by Andrew Buck