Publications

BOOKS

Selected publications of the NTRU are listed below, click here for an order form. For more information, visit Aboriginal Studies Press or contact sales@aiatsis.gov.au. Other publications of the NTRU, such as the Issues papers and the Newsletters, are available on this website. Click here for more information about NTRU publications, Resources and Subscriptions.

Compromised Jurisprudence by Lisa Strelein

Native title has dramatically altered the law and public policy in Australia. It has had a fundamental impact on social relations between Indigenous and non-Indigenous people. The courts have played a central role in its development, and continue to do so. Fifteen years have seen the evolution of native title: from uncertain foundations to an arguably compromised, jurisprudence.

Compromised Jurisprudence traces the development of the courts’ thinking from the original decision in Mabo v Queensland [No.2], through to the significant High Court decisions in 2001 in Western Australia v Ward and Yorta Yorta, and the subsequent implementation of those cases by the Federal Court in cases such as De Rose. Each chapter contains a discrete analysis of the most significant cases during this period. A timeline of events enables us to map the trajectory of the key doctrines of native title. The book’s conclusion identifies the underlying themes and contradictions in the law. 2006, paperback, 230x152mm, 288 pages, RRP $39.95 incl.GST ISBN (10): 0 85575 533 4 ISBN (13): 978 0 85575 533 1

Updated annotated case list

The book contains an annotated case list which provides a brief summary of the key findings and precedential value of the most significant native title cases. This is an update of the list from 31 December 2005 – 30 June 2007. The list aims to be comprehensive but not exhaustive. The cases are arranged according to the year in which the case was decided, and then by alphabetical order. Where cases have been appealed reference is made to the final appeal and readers should refer to the final appeal entry for the final result. There are also hyperlinks to relevant judgments.

Download the updated annotated case list.

Treaty: Let's get it right!

This collection of essays was commissioned by ATSIC and AIATSIS to stimulate discussion and debate about a treaty. Contributors include: Professor Marcia Langton, Professor Larissa Behrendt, Professor Michael Dodson, Dr Lisa Palmer, Terri Janke, Robynne Quiggan, Michael Mansell, Dr Martin Nakata, Lester-Irabinna Rigney, Darryl Cronin, Hannah McGlade, Megan Davis, Louise Taylor, Senator Aden Ridgeway, National Indigenous Youth Movement of Australia and Nova Peris OAM. 2003, paperback, 245 x 170mm, 224 pages, RRP $19.95 incl GST, plus postage. ISBN: 0 85575 433 8

Indigenous People and Governance Structures: A Comparative Analysis of Land and Resource Management Rights, edited by Garth Nettheim, Gary D. Meyers and Donna Craig.

This book examines the policies and practices of various regimes of governance on Aboriginal land including emerging regimes for the management of native title areas, and the incorporation of Indigenous interests into land administration. The authors have augmented this assessment with a comprehensive analysis of regimes in operation in other jurisdictions. Paperback, 270 x 205mm, 489pp, $65 incl GST, plus postage. ISBN: 0 85575 379 X

Language in Native Title, edited by John Henderson and David Nash.

In 14 chapters, this publication advocates for communities and linguists involved as expert witnesses in native title cases, and discusses the analytical methods most productive to presenting evidence of continuity of culture and attachment to land. Papers include: ‘Linguistic Evidence in Native Title Cases in Australia’ by Jeanie Bell; ‘Linguistics and the Yorta Yorta Native Title Claim’ by Heather Bowe; ‘Labels, Language and Native Title Groups: The Miriuwung-Gajerrong Case’ by Greg McIntyre and Kim Doohan; and, ‘Linguistic Stratiography and Native Title: The Case of Ethnonyms’ by Patrick McConvell. Information about the book can also be found at David Nash's website. (2002) Paperbound, 328 pages, 25 x 17.5cms, ISBN 0 85575 388 9.

Through the Smoky Mirror: History and Native Title, edited by Geoff Gray and Mandy Paul.

Through the Smoky Mirror is a collection of papers presented at the NTRU workshop ‘The Use of History in Native Title Processes’. It addresses the role of history in the proof of native title, the experience of historians in the preparation of claims (their relationship with other disciplines and with the claimants) as well as the experience of giving expert evidence in the courtroom. (2002) Paperbound, 113 pages, 25 x 17.5cms, ISBN 0 85575 393 5.

Native Title in the New Millenium Native Title Representative Bodies Legal Conference 16-20 April 2000: Melbourne, Victoria, edited Bryan Keon-Cohen.

This publication presents 31 papers from a conference jointly sponsored by the Mirimbiak Nations Aboriginal Corp. and the Native Title Research Unit of the Australian Institute of Aboriginal and Torres Strait Islander Studies. The papers were presented by legal practitioners, industry leaders, academics, consultants and staff from Native Title Representative Bodies and the National Native Title Tribunal. Their coverage is inclusive and the intention has been to offer a thorough description of the current state of native title law and practice. A CD of the complete proceedings is included.

The book has sections on constitutional issues, the Federal Court’s case management, State and Territory alternative schemes, economic development, alternative approaches, issues related to particular claims and methods, Indigenous Land Use Agreements, Indigenous land claims in Canada, New Zealand and South Africa and the application of international law and conventions in Australia. (2001) 480 pages, indexes of cases, statutes and topics, bibliography, maps, 25 x 17.5 cm, paperbound. CD included providing links to cases and statutes and complete proceedings. ISBN 0 85575 376 5.

A Guide to Australian Legislation Relevant to Native Title, Native Title Research Unit. (2000) 2 volumes, 615 pages, paperbound, 25 x 17.5 cm, ISBN 0 85575 361 7, CD Rom included.

Native Title in Perspective: Selected Papers from the Native Title Research Unit 1998–2000, edited by Lisa Strelein and Kado Muir. (2000) 314 pages, paperbound, 25 x 17.5 cm, ISBN 0 85575 359 5.

Land, Rights, Laws: Issues of Native Title, Volume 1. (2000) 28.5 x 19.5 cm, paperbound, ISBN 0 85575 356 0 Issues Papers numbers 1 through 30, Regional Agreements Papers 1 through 7, 1994-1999, with contents and index.

Regional Agreements: Key Issues in Australia: Volume 2, Case Studies edited by Mary Edmunds. (1999) 367 pages, references, index, 25 x 17.5 cm, paperbound, ISBN 0 85575 329 3.

A Guide to Overseas Precedents of Relevance to Native Title by Shaunnagh Dorsett and Lee Godden. (1998) 287 pages, bibliography, index, 25 x 17.5, paperbound, ISBN 0 85575 337 4.

Regional Agreements: Key Issues in Australia: Volume 1, Summaries edited by Mary Edmunds. (1998) 67 pages, 30 x 21 cm, spiralbound, ISBN 0 85575 328 5.

Working with the Native Title Act: Alternatives to the Adversarial Method, edited by Lisa Strelein. (1998) 153 pages, 25 x 17.5 cm, paperbound, ISBN 085575 332 3. Proceedings from a Native Title Legal Practitioners’ Workshop held 4-5 June 1997.

A Sea Change in Land Rights Law: The Extension of Native Title to Australia's Off-Shore Areas by Gary D. Meyers, Malcolm O'Dell, Guy Wright, Simone C. Muller. (1996) 25 x 17.5 cm, paperbound, ISBN: 0 85575 298 X.

Heritage and Native Title: Anthropological and Legal Perspectives edited by Julie Finlayson and Ann Jackson-Nakano. (1996) 25 x 17.5 cm, paperbound, ISBN 0 85575 293 9. Proceedings of a workshop conducted by the Australian Anthropological Society and AIATSIS at the ANU, Canberra, 14-15 February 1996.

The Skills of Native Title Practice edited by Paul Burke. (1995) 166pp, 25 x 17.5 cm, paperbound, ISBN 0 85575 289 0. Proceedings of a workshop conducted by the NTRU, the Native Title Section of ATSIC and the Representative Bodies, 13-15 September 1995.

Anthropology in the Native Title Era edited by Jim Fingleton and Julie Finlayson. (1995) 25 x 17.5 cm, paperbound, ISBN 0 85575 283 1. Proceedings of a workshop conducted by the Australian Anthropological Society and the Native Title Research Unit, AIATSIS, 14-15 February 1995.

Proof and Management of Native Title. (1994) 120 pages, 25 x 17.5 cm, paperbound, ISBN 0 85575 259 9. Summary of proceedings of a workshop conducted 31 January-1 February.