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Americans are debating what it would take to redeem the Constitution's promise of a "more Perfect Union" in a time of deep and stark disagreements about the nation's future. Despite the partisan rancor, most Americans share a faith in the Constitution's redemptive potential. Constitutional faith is the civic religion that shapes our constitutional law, theory, and politics and binds Americans as one nation, indivisible. This Essay is about something our faith forgets: The promise of a "more Perfect Union" of "We the People" is not redemptive for colonized peoples who did not consent to the Constitution but are subject to American plenary power. This Essay makes three contributions to constitutional law and theory by focusing upon the United States' colonial relationships with American Indians and Alaska Natives. First, this Essay makes the case that American colonialism poses a fundamental challenge to our constitutional faith. It traces the convergence of American constitutionalism and American colonialism in the conception of government power as a public trust, which is the foundation of federal plenary power over American Indians and Alaska Natives. Second, this Essay argues that the trust conception of constitutional law cannot solve the problem of redeeming American colonialism. Instead, the constitutional trust has reinforced the very power relations and ideology that Indian Nations challenge when they claim a right to national self-determination. Third, this Essay offers a viable alternative for redressing the wrongs of American colonialism by revisiting the problem of redemption from a relational perspective, one that does not focus on the trust that "We the People" place in the Constitution. In comparing trust with contract to develop this relational perspective, this Essay contributes to the emerging literature that reimagines constitutional law by reference to rules and norms from the common law. [ABSTRACT FROM AUTHOR]

Part of a broader effort to bring the land question to the fore of scholarship about colonial Mozambique, this article looks at how legal colonial thought about land and property, part of the growing body of knowledge about topics of interest to the colonies, developed among Portuguese colonialists in the early twentieth century, especially with regard to African access to land. Different contributions to this thought will be analysed to enquire the role the land question played in the Portuguese colonial project in Africa. The main theories and debates about the land question held in Portugal will then be analysed alongside theories and debates about this same topic within an increasingly internationalized field of colonial thought, in which Portuguese colonialists also took part. [ABSTRACT FROM AUTHOR]

The article reports the decision of the Louisiana Supreme Court in the case. The court held that when a landowner knows of another's use of his land and when his silence could be considered neighborly permission, that use is precarious and thus cannot establish a rite of passage by acquisitive prescription.

In 2013, the Central Government repealed the 119 year old colonial legislation, Land Acquisition Act 1894, and enacted the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013. The Act is a bold attempt to address two critical aspects: Acquisition and Resettlement and Rehabilitation (R&R). However, since the time this Act has come into effect, the pace of land acquisition in the country has slowed down. Concerns are being raised by various departments of the State Governments about the new provisions, complexities thereof and the difficulties in implementation. Notwithstanding the political developments on the issue, this paper highlights the concerns with respect to the implementation of the provisions of the new Act without going into the merits or demerits of the stated provisions. The concerns are purely from a practitioner's perspective. [ABSTRACT FROM AUTHOR]

In the 120 years of its existence, the pre-constitutional colonial law, Land Acquisition Act, 1894, had been subjected to many interpretations by different courts of the country. These judicial interventions helped expose the inherent unfairness of the legislation, provided the much needed succor to the aggrieved land owners, cemented the way for many amendments and eventually laid the foundation for transition to the new law. On the implementation side, the interpretations provided ample clarity to operationally define many provisions. The paper makes an attempt to capture the essence of some of the important judgments that not only transformed the state-centric legislation to a more people-centric law but also provided operational clarity to some of the provisions that continue to be significant in the changed legal framework. As the country is getting into the implementation mode of the new law, this paper is contextually more relevant. Few judicial interventions in the case of new law have also been carefully chosen to provide greater clarity to the clauses with ambiguity or implementation issues. [ABSTRACT FROM AUTHOR]

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013 was passed by the Parliament after a strenuous journey of parleys in the year 2013. The recent attempts to amend it have raised a huge controversy with opinions dividing along sharp lines. One side supports it strongly on the ground that it is essential to facilitate economic development while the other side opposes it for its potential to dilute the provisions which safeguard interests of the affected families. This paper helps the reader to appreciate the two-decade long efforts in giving the final shape to this path-breaking legislation, role of various stakeholders and continuing challenge in getting consensus of all relevant in stakeholders in dealing with the land legislation. [ABSTRACT FROM AUTHOR]

"Harmony with land is like harmony with a friend; you cannot cherish his right hand and chop off his left", once said Aldo Leopold. The man's pursuit to gain supremacy over the land has seen many a dispute turning into battles and wars, resulting in mass destruction. Legislations on land, their usage and modifications in line with the changing times have always been an existential imperative. The overview carries the readers through the developments in the last couple of years after India brought in a historic legislation on land acquisition to replace a century old colonial law - an unbiased view of the major happenings, the rationale, the consequences and the alternatives in the area of land acquisition in the country. [ABSTRACT FROM AUTHOR]

The article discusses the need of greater engagement of laws with customary land issues in a context of natural disasters and human mobility in South Pacific. Topics discussed include law and policy challenge is to develop procedures for customary land agreements; legal issues affecting negotiated access to customary land; and need of Community-based mechanisms to ensure suitable land for persons displaced by a natural disaster.

This article explores how political authority is conceived and how we attempt to make sense of its legitimacy in a world that we imagine made of relatively equal and autonomous individuals who are members of multiple collective agencies. One such way is the Razian “Service Conception” of authority. This conception suffers from a variety of internal weaknesses and shortcomings. More importantly, while the Service Conception may be promoted as a normatively appealing theory of authority, it does not appear to fit the description of the central case of practical authority or, at least, it does not exhaust the list of central cases. Indeed, political authorities are often justified by self-assertive reasons that bind the subject to the authority claimant. Such cases are what we call “existential authorities”, as opposed to "functional authorities" associated with the Service Conception. The interplay between those types of authorities and their respective background assumptions forces us to take seriously the perceptions that subjects have of the nature of authority claimants as such perceptions will determine the attitudes of the subjects towards the directives issued by the authority claimants. We must therefore be able to distinguish between institutions meant to embody collective identities – “existential communities” – from institutions perceived as mere “functional regimes”. Indeed, the nature of the standards used to evaluate the actions and powers of each will differ accordingly. [ABSTRACT FROM PUBLISHER]

The article examines the conflict arised between the local land-use ordinances and state regulatory programs regulating the oil and gas industry in New York and other states of the U.S. with reference to state preemption doctrine cases including Wallach v. Town of Dryden and Robinson Township v. Commonwealth. Topics discussed include economic and environmental impact of oil and gas drilling or hydrofracking, role of local zoning authority, and constitutional environmentalism.

The creation and enforcement of policies have been proposed as necessary to protect rural dwellers from dispossession by land grabs. Failing to consider the influence of the micro-politics of the policy implementation phase, these policies are insufficient. Based on an in-depth case study from southern Mozambique of a collision between a green grab and a land grab, this paper describes how two policies were used, first to facilitate a land grab and then to rescind the land concession. At a shifting intersection between politics ‘in the air’ and politics ‘on the ground’, convergence and later divergence among powerful groups shaped the space for policy enactment. [ABSTRACT FROM PUBLISHER]

The article looks at the decision of several federal courts in cases involving ethics in land use in the U.S. as of October 2014, which can be used by municipal attorneys for training for members of planning boards, zoning boards, and local legislative bodies . Topics discussed include the New Jersey Municipal Land Use Law, laws related to attorney conflicts of interest, and a New Jersey court decision in "Kane Properties LLC v. City of Hoboken."

After a long and adventurous journey in which series of deliberations were held at various levels, and incorporating various concerns of diverse stakeholders, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act-2013 was enacted by the Parliament. The Act has come into effect from 1st January, 2014. There have been mixed reactions to the Act as was expected from such a path breaking legislation. Some of the apprehensions expressed are premature as the Act is still to fully test the waters. The important changes and perceived apprehensions about the Act have been discussed in the paper. [ABSTRACT FROM AUTHOR]

The article focuses on the U.S Court of Appeals for the Eleventh Circuit's decision in case Miccosukee Tribe of Indians v. United States, in which the Miccosukee Tribe of Florida filed an action against the U.S and the Army Corps of Engineers (Corps). It discusses the claims related to violation of the tribe's rights under the Florida Land Claims Settlement Act asserted by the tribe, and the violation of equal protection, due process and lease agreement.

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on the aspects of discretion in the disputes related to forgery in reference to the Land Registration Act 2002. Topics discussed include direct registration of the third party as a result of forgery, powers of the register for the removal of the third party rights of land registration and threats related to the acts of fraudster undergoing forgery. It also discusses the rectification in the statutory schemes related to the Land Registry Act 2002.

The article discusses the concept of the right of civilization as developed in European colonial thought between the 16th and 20th centuries. Particular focus is given to 19th-century legal critiques of of the idea that inhabited lands could be regarded as terra nullius, or lands belonging to no state, if they were inhabited only by a group considered to be uncivilized or disorganized. According to the author, some critics saw this theory as a pretext for colonial expansion which was counter to contemporary trends in international law. It is also suggested that critics of the theory recognized that it could be used to challenge European sovereignty as well as the rights of indigenous peoples.

This article examines the spatial and temporal dimensions of access to land in Sussundenga District in central Mozambique. The article suggests that access to land is not only a socially embedded process, but is also spatialised through the area's history of settlement, colonial eviction, postcolonial resettlement, and war-induced displacement, creating a context of multiple and overlapping land claims and forms of authority to substantiate various claims. Consequently, land use and access is situated within a spatio-temporal mosaic signifying several interrelated and overlapping events that have created a patchwork of land use patterns and spatialised the forms of authority that produce the legitimacy to rule over people and land. When and where people requested and received land is in part shaped by the time period in which they settled in the area, creating distinctions between longstanding residents and recent arrivals. While no one reported being landless, the size, quality, and proximity to homestead differ between the long-term residents and new arrivals. By attending to the spatial and temporal dimensions of access to land in Sussundenga, how and why particular lands are subject to contestation, counter-claims, and in some cases, concentration in the hands of more powerful actors, becomes more visible and reveals the coexistence of multiple trajectories of social and ecological change. [ABSTRACT FROM PUBLISHER]

The article focuses on issues pertaining to legal status of native tribes in Alaska. It reports that after the discovery of oil in Prudhoe Bay, Alaska, Alaska Federation of Natives (AFN) pushed for reforms in land acquisition for better compensation for natives which led to AFN collaborating with oil industries in pushing for Alaskan Native Claims Settlement Act (ANCSA). It reports that the indigenous tribes were treated on similar par with other tribes.

In two trilogies of Supreme Court decisions, both involving Native Americans, land is a key metaphor, figuring variously as property, territory, wilderness, and reservation. The first trilogy, written by Chief Justice John Marshall, comprises Johnson v. M'Intosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832). The second trilogy concerns Native American claims for religious freedom under the First Amendment and includes Bo-wen v. Roy (1986), Lyng v. Northwest Cemetery Protective Association (1988), and Employment Division of Oregon v. Smith (1990). The Marshall cases attempted to legitimate the transformation of land from wilderness to territory and property, and in this sense, they appeared "secular." These cases also were "religious" in an important sense: they created a myth of origins that determined the polity's relation to the land and people on which it was built. Of the religious freedom cases, only one was directly concerned with land, but all three were profoundly shaped by the Marshall trilogy and by judicial reasoning that linked land and religion. As these cases show, judicial events at the intersection of land and religion have been calamitous and, for Native Americans, full of violence and loss. Grounds for hope remain in one meaning of land -- the "reservation" -- deployed by Marshall in Worcester v. Georgia and artfully analyzed by Philip Frickey in 1993. Revivifying the concept of "reservation" promises constructive re-imaginations of both First Nations and religious freedom as unique, foundational political categories. [ABSTRACT FROM AUTHOR]

The approval of Federal Law No. 10.267 (28/08/2001), known as the "Law of Georeferencing", changed the paradigm of property registration in Brazilian rural areas. This law requires the georeferencing of rural properties in the Brazilian Geodetic System (SGB), as well as more accurate surveying techniques and certification of the property perimeter by the National Institute of Colonization and Agrarian Reform (INCRA). Thus, it is essential that rural landowners should be informed of these changes. The aim of this study was to analyze the status of georeferencing in the municipality of Jaboticabal (São Paulo State), and provide guidance to rural landowners on the technical procedures relevant to georeferencing. The methodology adopted was the use of questionnaires, lecture presentations, and the distribution of informational material to rural landowners. Public record systems were also consulted. The results demonstrated that the percentage of georeferenced rural properties in Jaboticabal municipality was high compared to the State and federal percentages. The greatest difficulty for rural landowners regarding georeferencing was the time taken to complete the process, and the greatest doubts were related to economic issues. The interest shown by the landowners during the presentations, together with the participation in the study of different entities linked to the rural sector, showed that the topic and the proposed objectives are important in the rural context of the region. [ABSTRACT FROM AUTHOR]

On the far side of World War II, America commenced a revolution in land use. Between 1945 and 1960, something in the order of ten million single-family homes were constructed in suburban subdivisions on land at the urban fringe and in rural areas that was unincorporated prior to, if not after, its development. If counties had exercised stronger land use control over these areas, might our development patterns have turned out differently? What do we know of land use planning by counties, and what role did that legal development play in twentieth-century urban sprawl? Our information about county land use planning is limited, but based on available research, this Essay argues that counties played an important role in passively enabling, if not actively courting, suburban development on greenfield (that is, undeveloped) sites. Counties were, in short, sprawl's shepherd. Other factors-like housing need, housing costs, consumer preferences, racial discrimination, lending practices, and government subsidization of mortgages and transportation networks-generated suburban development proposals, but the nature of county land use authority and engagement led those projects to seek rural pastures. This Essay uses the occasion of the one-hundredth anniversary of the California Law Review to consider these questions. It uses a 1938 article published in the journal to glimpse early ideas on rural and county land use control and to provide an initial assessment of how far county land use planning has come, or failed to come, in the decades since. [ABSTRACT FROM AUTHOR]

The implementation of agrarian reform projects in areas which have been farmed historically and which have suffered environmental damage can give cause to social, economic and environmental conflict. This work makes a qualitative analysis of the use and occupation of land in the Alvorada settlement located in the municipality of Júlio de Castilhos in Rio Grande do Sul State. Thematic maps of two separate periods, one before the introduction of the reform settlement and the other twelve just afterwards were generated using a Geographic Information System and remote sensoring tools based on an image from the Landsat-TM satellite (1993) and a panchromatic image from the QuickBird satellite (2008), respectively. Field trips were carried out to aid in the analysis of the satellite images. The main corrections were due to demographic change and conversion of native fields to agriculture lands. The use and care of the soil used for most properties was found to inadequate, causing increases in erosive processes, blockage of drainage canals, decrease in water quality and of the diversity of forest species. [ABSTRACT FROM AUTHOR]

For more than a century, the US government seized all the lands now called the "United States" by procuring 'treaties' that it has represented as valid agreements or contracts obtained through international norms of treaty-making. However, the method created by the US to obtain Indian 'treaties' deliberately omitted key procedures used between Western nations to assure mutual consent and honest practices. This method differed so significantly from the standards and norms of international practices that it constituted an entirely unique system reserved for use against Indigenous peoples in North America, a racist foundation for all contemporary relations between the US government and Indigenous nations and peoples. The Indian Treaty system was the foundational tool of colonial empire used by the US government to obtain the enormous wealth of Native Americans, impoverishing them forever and forcing them into dependence on American 'generosity.' [ABSTRACT FROM AUTHOR]

This article explores the legislative programme of M. Livius Drusus in 91 BC with particular attention to his plans for land distribution. This aspect of his legislation is often overlooked. I will argue that it was central to his plans for the year and that it was of the greatest importance in determining the response of the Italian allies to his programme. Land had been a friction point in Rome's relations with the allied communities since the activities of the Gracchan land commission and Drusus' proposals to distribute land alarmed them. It was this, rather than his citizenship bill, that drew the protests of the Etruscans and Umbrians reported by Appian. Appreciating the diversity of interest groups affected by Drusus' legislation allows for a much better understanding of his tribunate and its aftermath. [ABSTRACT FROM AUTHOR]

Brazil's policies affecting its land in the Amazon region have assumed global significance, in part due to the pressing realities of deforestation and climate change. Domestically, the allocation and utilization of Amazonian land has important implications for Brazil's social and political stability, economic development, environmental conservation efforts, and cultural preservation efforts. The area known as the "legal Amazon" for planning purposes comprises more than 57 percent of Brazil's national territory; the manner of settlement and occupation of land in this region is a contentious issue. This Note explores the history of public land settlement in the Brazilian Amazon and the recent debates in Brazil over a federal law that enables about 300,000 current occupants of public land in the legal Amazon to acquire legal title. For perspective, the Note compares the potential consequences of this law to those of a series of retrospective titling laws passed in the United States during the half century leading up to the Homestead Act. The US. preemption laws sought to provide the opportunity for squatters on the U.S. public lands to acquire title without competition from moneyed speculators or corporate interests. Yet the U.S. preemption laws engendered severe criticism due to their inability to differentiate between bona fide settlers needing agricultural land to sustain a livelihood, and speculative interests taking advantage of the settlement laws purely for pecuniary gain. This Note demonstrates that a desire for the settlement laws to benefit bona fide settlers over speculators dominated the policy discourse and may have been a key element in the United States' transition from its early, limited preemption laws to a broader set of forward-looking preemption laws and eventually the Homestead Act. Similarly, the question of whether Brazil should embrace continued settlement in the Amazon region by awarding squatters with land ownership must be assessed in light of the policy preference to support land acquisition by poorer squatters, known as posseiros, as opposed to large- scale land speculators or land grabbers, known as grileiros. Some 35 percent of land in the legal Amazon is registered to private owners; yet a significant portion of these lands are presumed to be illegal landholdings of grileiros. The Brazilian government has reviewed thousands of these large land claims and has suspended title for those suspected to have been fraudulently or illegally claimed. Meanwhile, the vast number of small- scale occupations of public land in the legal Amazon by squatters or posseiros has fueled a grassroots movement for land reform and government recognition of the right to acquire title to occupied public land. The continued pressure to limit illegitimate, private claims to the public lands by grileiros raises the question of whether a contemporaneous policy that rewards encroachment on the public lands with the right to ownership will prove counterproductive to Brazil's goals. This Note suggests that in order for Brazil's public land distribution and land reform program to be successful, the law must contain mechanisms that protect the interests of its preferred beneficiaries, the posseiros. So long as ambiguities exist in the public land titling laws affecting the legal Amazon, sophisticated speculators will continue to take control of large areas of Amazonian land, endangering Brazil's goals for land reform, environmental conservation, and other objectives such as the demarcation of indigenous land and the creation of extractive reserves. [ABSTRACT FROM AUTHOR]

The article presents a review on legal issues concerning nonused easements under the Calabresi and Melamed framework in the U.S. It states that under The Cathedral's construction, entitlement holder from the nonconsensual termination of the entitlement is protected by property standards, while the non-holder for the unilateral extinguishments of the entitlement is protected by liability rules. It examines the common law and civil law doctrines concerning nonused easements.

Rising ocean levels in the South Pacific threaten thousands of inhabitants with displacement. Many of these small Pacific island states lack available land to internally accommodate displaced individuals. Thus, thousands of "climate refugees" will be forced to move off their island homes and, without provisions of adequate land rights, will most likely end up in refugee camps in other countries. Climate change exemplifies an inherently global challenge. Developed countries produce disproportionately more greenhouse gases, and developing countries lack resources to adequately respond to climatic displacement. International treaties establish a legal responsibility to assist developing states adapt to climate change. However, these treaties inadequately provide support to vulnerable Pacific states like Kiribati, a low-lying South Pacific island nation. The Kiribati-United States Friendship Treaty, the South Pacific Regional Environment Programme Agreement, and the United Nations Framework Convention on Climate Change all suggest legal responsibilities for the United States and other developed states to assist Kiribati's climate adaptation efforts, but each treaty regime ultimately fails to elicit international response because the terms are vague and lack enforcement mechanisms. A future treaty regime based on the National Adaptation Programmes of Action must establish a system to respond to climatic displacement by creating adequate land rights provisions. [ABSTRACT FROM AUTHOR]

The 1960 Amendment to the 1928 Land Settlement Ordinance transferred land settlement adjudication from the "settlement officers" of the Israeli Justice Ministry to the district courts. Contextualized in a broad history of formative Israeli land law, this article carefully examines the evolution of the 1960 Amendment, which until now has gone unexplored by scholars. It explains why it was enacted when it was, despite consensus among executive officials that it would threaten vital Israeli interests in the predominantly Palestinian region of the Galilee. It also explains why, although liberal in nature, the reform did not provide private Palestinian landholders in the Galilee with a substantially more favorable judicial setting in which to dispute Israeli state claims to land they viewed as their own. Based on his findings, the author concludes by noting the utility of incorporating thorough archival research into studies of post-1948 Israeli legislation. [ABSTRACT FROM AUTHOR]

The goal of this paper is to analyse the impact of Russian legislation on the notary activity of sharīca courts with regard to transactions involving landed property. The hypothesis is that incorrect assumptions made by Russian lawmakers as to the 'tradition' of Muslims' land rights caused a substantial loophole in the application of colonial substantive laws. On the one hand, the Russian state attempted to retain land ownership for itself by introducing regulations that formally restricted Muslims' land rights to possession and usufruct; on the other hand, the colonial administration never established regulations that ensured that these laws would be enforced by sharīca courts and failed to integrate them into the application of Islamic law. Therefore, this paper aims to highlight how the colonial definition of Muslims' land rights was largely disregarded when the Muslim judiciary notarized transactions on land in accordance with sharīca. This will lead to the conclusion that the limited effectiveness of the colonial legislation with regard to land in Turkestan stemmed from the failure to reform Islamic procedural law, a process that would have entailed codifying it. [ABSTRACT FROM AUTHOR]

The article examines the laws governing mortgages in Great Britain; reports the decision of the decision of the British Court of Appeal in case 'William & Glyn's Bank v Boland;' and mentions enactment of Land Registration Act 2002 (LRA).

The article examines the laws, regulations and potential boundary disputes related to buying of a cabin in lakes of northern Minnesota. Topics discussed include importance of writing to the Land Use Authority exactly what you intend to do; understanding of land use terms; laws related to use of Lake shore roads; and laws related to inheriting the family cabin.

Copyright of Environment & Urbanization is the property of Sage Publications Inc. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Thus, the territorial administrative units exercise all the ownership prerogatives on State s estates without having any rights, in most of the cases. This situation is very prevalent so that an important part of the administration does not make any distinction between the State estate and territorial administrative units' estate. Because of this generalized confusion we confront with a lots of administrative papers through some entities exercise the right to dispose of some estates that aren't in it s propriety. But, the titular of the real rights cannot dispose of this unless it was write down in the land registry while the property right and other real rights would be recorded in the land registry on the constitution paper base, followed by the necessity of recording the real rights of the State or of the territorial administrative units into the land registry. [ABSTRACT FROM AUTHOR]

The article assesses the impact of the development of the War Service Land Settlement (WSLS) Policy on the Returned Sailors Soldiers and Airmen's Imperial League of Australia (RSSAILA). The Curtin Labor Government has charged the Rural Reconstruction Commission to formulate recommendations on the policy. Hence, this move has threatened the effectiveness of the League as a pressure group in the country.

This article examines the history of master and servant laws in New Zealand. It is inferred that there is a lack of research on the subject, as evidenced by "Masters, Servants, and Magistrates in Britain and the Empire, 1562-1955," by Douglas Hay and Paul Craven, which is discussed, and the author examines the reasons why, focusing on New Zealand's theory of systematic colonization, the influence of Edward Gibbon Wakefield, and New Zealand's antipodean and unequal application of such laws.

Queensland's post-First World War Soldier Settlement Scheme, begun with noble and optimistic intentions in 1916, officially terminated in 1929 after ignominious failure. There were a number of factors which contributed to the erosion and ultimate destruction of this phase of land settlement, but Commonwealth-State antagonism and the incompetence of many State agricultural advisers were certainly significant elements. Beerburrum, just north of Brisbane, was one of the largest groups of settlements which characterised Queensland's attempts to turn swords into ploughshares. Beerburrum soldier settlers and their families strove valiantly to extract a basic living in the face of overwhelming adversity, and an examination of their circumstances offers a valuable window into the trials and tribulations of the entire scheme. [ABSTRACT FROM AUTHOR]