Publications by Sean Brennan | Law

Publications by Sean Brennan

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Books

Blackshield & Williams Constitutional Law and Theory: Commentary and Materials (Federation Press, 6th ed, 2014) (with Andrew Lynch and George Williams).

Indigenous Legal Issues: Commentary and Materials (4th ed, Thomson Reuters, 2009) (with Heather McRae, Garth Nettheim, Thalia Anthony, Laura Beacroft, Megan Davis and Terri Janke).

Treaty (Federation Press, 2005) (with Larissa Behrendt, Lisa Strelein and George Williams).

Edited Book

Native Title from Mabo to Akiba: A Vehicle for Change and Empowerment? (Federation Press, 2015) (with Megan Davis, Brendan Edgeworth and Leon Terrill).

Book Chapters

'Constitutional Amendment and the Issue of Trust' in Simon Young, Jennifer Nielsen and Jeremy Patrick (eds), Constitutional Recognition of Australia's First Peoples: Theories and Comparative Perspectives (Federation Press, 2016).

‘Certainty, Co-existence and the Legacy of Mabo: Justice North in the Miriuwung-Gajerrong Native Title Case (2000)' in Andrew Lynch (ed), Great Australian Dissents (Cambridge University Press, 2016).

‘The Significance of the Akiba Torres Strait Sea Claim Case’ in Sean Brennan, Megan Davis, Brendan Edgeworth and Leon Terrill (eds), Native Title from Mabo to Akiba: A Vehicle for Change and Empowerment? (Federation Press, 2015).

‘The Relevance of Statutory Land Rights to Native Title and Empowerment’ in Sean Brennan, Megan Davis, Brendan Edgeworth and Leon Terrill (eds), Native Title from Mabo to Akiba: A Vehicle for Change and Empowerment? (Federation Press, 2015) (with Andrew Chalk).

‘The Idea of Native Title as a Vehicle for Change and Indigenous Empowerment’ in Sean Brennan, Megan Davis, Brendan Edgeworth and Leon Terrill (eds), Native Title from Mabo to Akiba: A Vehicle for Change and Empowerment? (Federation Press, 2015) (with Megan Davis, Brendan Edgeworth and Leon Terrill).

'The Disregard for Legal Protections of Aboriginal Land Rights in Early South Australia' in Shaun Berg (ed), Coming to Terms: Aboriginal Title in South Australia (Wakefield Press, 2010).

'Whitlam and the Value of Law in Indigenous Affairs: Lessons for the Contemporary Debate on Reconciliation and a Treaty?' in Jenny Hocking and Colleen Lewis (eds), It's Time Again. Whitlam and Modern Labor (Circa, 2003), 138-165.

Refereed Journal Articles

Koowarta: Constitutional Landmark, Transition Point or Missed Opportunity?’ (2014) 23 Griffith Law Review 79-91 (with Megan Davis).

'Section 51(xxxi) and the Acquisition of Property under Commonwealth-State Arrangements: The Relevance to Native Title Extinguishment on Just Terms' (2011) 15 Australian Indigenous Law Review 74-86.

‘Constitutional Reform and its Relationship to Land Justice’, Land, Rights, Laws: Issues of Native Title, Volume 5 Issues Paper No 2, October 2011, 1-16.

'Statutory Interpretation and Indigenous Property Rights' (2010) 21 Public Law Review 239-262.

'Territory Exceptionalism and Indigenous Property Holders: Federalism, Rights Protection and the Australian Constitution' (2010) 2 City University of Hong Kong Law Review 117-135.

‘The Northern Territory Intervention and Just Terms for the Acquisition of Property' (2009) 33 Melbourne University Law Review 957

'Wet or Dry, It’s Aboriginal Land: The Blue Mud Bay Decision on the Intertidal Zone’ (2008) 7(7) Indigenous Law Bulletin 6. 

‘Compulsory acquisition of native title land for private use by third parties’ (2008) 19 Public Law Review 179.

‘Economic Development and Land Council Power: Modernising the Land Rights Act or Same Old Same Old?’ (2006) 10 Australian Indigenous Law Reporter 1. 

‘“Sovereignty” and Treaty-Making between Indigenous Peoples and Australian Governments’ (2004) 26 Sydney Law Review 307 (with George Williams and Brenda Gunn).

‘Native Title and the “Acquisition of Property” under the Australian Constitution’ (2004) 28 Melbourne University Law Review 28. 

‘Native Title in the High Court of Australia a decade after Mabo’ (2003) 14 Public Law Review 209.

‘Rights-based Reconciliation Needs Renewed Action from Canberra’ (2003) 28 Alternative Law Journal 122 (with George Williams and Vanessa Bosnjak). 

Submissions and Reports

Submission to Parliamentary Joint Committee on Human Rights Inquiry into Freedom of Speech in Australia, 21 December 2016 (with Gabrielle Appleby, Rosalind Dixon and Gemma McKinnon).

Submission to Senate Select Committee on Establishment of a National Integrity Commission, 20 April 2016 (with Gabrielle Appleby, Shipra Chordia and Grant Hoole).

Submission to Tax White Paper Taskforce on Alcohol Taxation (with Prasanth Ramkumar and Indigenous Law Centre), 5 June 2015.

Submission to Senate Community Affairs Legislation Committee Inquiry into the Low Aromatic Fuel Bill 2012, 24 July 2012.

Submission to Expert Panel on Constitutional Recognition of Indigenous Australians, 30 September 2011.

Submission to House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs Inquiry into the High Level of Involvement of Indigenous Juveniles and Young Adults in the Criminal Justice System, 28 May 2010.

Submission to the National Human Rights Consultation Committee on Indigenous legal issues, 15 June 2009.

Submission to Senate Community Affairs Reference Committee Inquiry into Petrol Sniffing and Substance Abuse in Central Australia, 27 October 2008 (with Jonathan Dillon).

Submission to the Northern Territory Emergency Response Review Board on NT Intervention Measures, 22 August 2008.

Submission and Supplementary Submission to Senate Legal and Consitutional Affairs Legislation Committee Inquiry into the Northern Territory National Emergency Response Bill 2007 & Related Bills, 9/10 August 2007 (with Talia Epstein and Edwina MacDonald).

Submission to Senate Legal and Constitutional Affairs References Committee Inquiry into Stolen Wages (5 October 2006) (with Zoe Craven and the Indigenous Law Centre).

Aboriginal Land Rights (Northern Territory) Amendment Bill 2006: Report on Parliamentary Process, September 2006 (with Allison Rickett)..apo.org.au>

Submission to Senate Community Affairs Legislation Committee Inquiry into Aboriginal Land Rights (Northern Territory) Amendment Bill 2006, 17 July 2006.

‘Eventually they get it all...’: Government Management of Aboriginal Trust Money in New South Wales (Indigenous Law Centre, 2006) (with Zoe Craven).

Submission to Legal, Constitutional and Administrative Review Committee, Queensland Parliament for its Inquiry into Aboriginal and Torres Strait Islander Peoples’ Participation in Queensland’s Democratic Process, 10 April 2003 (with George Williams and Nick Hume).

Submission to Senate Legal and Constitutional Legislation Committee for its Inquiry into the Progress Towards National Reconciliation, 6 November 2002 (with George Williams and Vanessa Bosnjak).

Blog Posts

‘High Court sharply divided in latest native title case’ on AUSPUBLAW (18 June 2015) <http://auspublaw.org/2015/06/high-court-sharply-divided-in-latest-native-title-case> (with Lauren Butterly).

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