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even in areas where the culture of Aboriginal people should be a dominant consideration, custom name atlanta braves baseball shirt  such as in juvenile, family and child welfare law.

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only retained as much of their original sovereignty as the federal government specifically had recognized their having. Canadian courts have not acknowledged, as American courts have done, custom name atlanta braves baseball shirt Aboriginal sovereignty to be inherent and a continuing legal fact. Part of the reason for this probably relates to the emphasis which Americans have placed on the doctrine of inherent rights. This concept played a significant role in the American moral and legal justification of its revolution against England several years earlier. A country premised upon what it perceived to be its own “inherent” right to self-government could not easily turn around and deny the existence of that right to others who had neither been conquered in battle, nor ever surrendered that right.

Following the American Revolution of 1776, the newly independent United States of America claimed that it was the successor to the British position and acted accordingly in its early federal legislation.4 American courts sustained this view and, in fact, expanded it somewhat in the early 1800s by articulating for the first time the doctrine of “domestic dependent nationhood” to describe the nature of the government-Indian relationship. Indians were not citizens, the doctrine held, nor were they “considered as subjects born under allegiance, and bound, in the common law sense of the term to all its duties,” yet, they were “not aliens in every sense, because of their dependence as a tribe, and their rights to protection.” The present judicial system has not done much to allay the concerns of Aboriginal people that the courts have little understanding of Aboriginal customs, traditions or laws. In fact, courts are perceived by Aboriginal people as being disinclined to apply or adopt Aboriginal customary law,