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Reposted by Robert Hamilton

AAUP @aaup.org · 11d

BREAKING: WE WON!!!
💥 💥 💥

Federal Judge William G. Young ruled today in our lawsuit against the Trump administration that the policy of arresting, detaining, & deporting noncitizen students & faculty members for their pro-Palestinian advocacy violates the 1st Amendment.

Full ruling here:

Findings of Fact & Conclusions of Law – #261 in American Association of University Professors v. Rubio (D. Mass., 1:25-cv-10685) – CourtListener.com

Judge William G. Young: ORDER entered. FINDINGS OF FACT AND RULINGS OF LAW, PURSUANT TO FED. R. CIV. P. 52(A)(Sonnenberg, Elizabeth) (Additional attachment(s) added on 9/30/2025: # 1 Main Document) (J...

www.courtlistener.com

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Robert Hamilton @roberthamilton.bsky.social · 10d

Still biased towards east coast fall colours, but Yukon in September is something else...

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Jennifer Koshan @jenniferkoshan.bsky.social · 16d

This is the 4th and final post in our series on the Dickson case; this one examines the dissent on ss 25 and 15 of the Charter. While it appears to flow from concerns about gender equality, @roberthamilton.bsky.social, @jwatsonhamilton.bsky.social and I are critical of the dissent's approach.

ABlawg UCalgary @ablawg.bsky.social · 17d

New Post: The Dissent in Dickson v Vuntut Gwitchin First Nation: Failing to Accommodate Legal Pluralism

ablawg.ca/2025/09/24...…-legal-pluralism/

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Reposted by Robert Hamilton

NigelBankes @nigelb.bsky.social · 29d

I post a lot on ABlawg. Some of it pretty dry & arcane oil & gas law
But this is far more imp & shd be of wider interest. It deals with how an Aussie coal mining company was able to manipulate AER decision-making to shield the company’s project from public review. #abpoli
ablawg.ca/wp-content/u...

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Reposted by Robert Hamilton

LPE Blog @lpeblog.bsky.social · Sep 1

Tomorrow(!), the blog returns to its regularly scheduled publishing program.

But before we do, we wanted to share a brief 🧵 of helpful resources for new law students who might be curious about the Law and Political Economy movement.

a cartoon of homer simpson and bart simpson sitting on a couch with the words join us above them .

ALT: a cartoon of homer simpson and bart simpson sitting on a couch with the words join us above them .

media.tenor.com

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Robert Hamilton @roberthamilton.bsky.social · Aug 29

Dickson's s.25 analysis has now been applied in the federal court a few times in the context of Indian Act governments. I review the Houle, Donald-Potskin, and Cunningham decisions with wonderful co-authors @jwatsonhamilton.bsky.social and @jenniferkoshan.bsky.social here...

ABlawg UCalgary @ablawg.bsky.social · Aug 29

New Post: Charter Sections 15 and 25: The Majority Judgment in Dickson v Vuntut Gwitchin First Nation and its Application in the Federal Court

ablawg.ca/2025/08/29...…he-federal-court/

Charter Sections 15 and 25: The Majority Judgment in Dickson v Vuntut Gwitchin First Nation and its Application in the Federal Court - ABLawg

By: Jonnette Watson Hamilton, Robert Hamilton, and Jennifer Koshan Cases Commented On: Dickson v Vuntut Gwitchin First Nation, 2024 SCC 10 (CanLII); Houle v Swan River First Nation, 2025 FC 267 (CanLII); Donald-Potskin v Sawridge First Nation, 2025 FC 648 (CanLII); Cunningham v Sucker Creek First Nation 150A, 2025 FC 1174 (CanLII) PDF Version: Charter

ablawg.ca

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Reposted by Robert Hamilton

Jennifer Koshan @jenniferkoshan.bsky.social · Aug 29

This is the 3rd in a series of blog posts on Dickson v Vuntut Gwitchin First Nation, including a look at how the SCC majority judgment on ss 25 & 15 of the Charter is being applied by lower courts. Great working with @jwatsonhamilton.bsky.social and @roberthamilton.bsky.social on this one!

ABlawg UCalgary @ablawg.bsky.social · Aug 29

New Post: Charter Sections 15 and 25: The Majority Judgment in Dickson v Vuntut Gwitchin First Nation and its Application in the Federal Court

ablawg.ca/2025/08/29...…he-federal-court/

Charter Sections 15 and 25: The Majority Judgment in Dickson v Vuntut Gwitchin First Nation and its Application in the Federal Court - ABLawg

By: Jonnette Watson Hamilton, Robert Hamilton, and Jennifer Koshan Cases Commented On: Dickson v Vuntut Gwitchin First Nation, 2024 SCC 10 (CanLII); Houle v Swan River First Nation, 2025 FC 267 (CanLII); Donald-Potskin v Sawridge First Nation, 2025 FC 648 (CanLII); Cunningham v Sucker Creek First Nation 150A, 2025 FC 1174 (CanLII) PDF Version: Charter

ablawg.ca

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Robert Hamilton @roberthamilton.bsky.social · May 30

"While the negotiators would have to contemplate the possibility of secession, there would be no absolute legal entitlement to it and no assumption that an agreement reconciling all relevant rights and obligations would actually be reached." (para 97)

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Robert Hamilton @roberthamilton.bsky.social · May 30

"...Such a foregone conclusion would actually undermine the obligation to negotiate and render it hollow." (para 91)

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Robert Hamilton @roberthamilton.bsky.social · May 30

"No negotiations could be effective if their ultimate outcome, secession, is cast as an absolute legal entitlement based upon an obligation to give effect to that act of secession in the Constitution. ...

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Robert Hamilton @roberthamilton.bsky.social · May 30

Such a vote would impose a duty to negotiate, yes, but not with separation already a settled outcome:

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Robert Hamilton @roberthamilton.bsky.social · May 30

Something worth emphasizing in discussion of a possible referendum in Alberta is just how clear the SCC was in the Secession Reference that a vote in favour of secession does NOT make secession a foregone conclusion and leave only the details to be negotiated.

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Robert Hamilton @roberthamilton.bsky.social · May 30

Treaty rights and provincial secession... some thoughts; ablawg.ca/2025/05/30/g...

“Get the province of Alberta in line”: Treaty Promises, Provincial Power, and the Role of Indigenous Nations in Discussions on Alberta Secession - ABLawg

By: Robert Hamilton Matter Commented On: Alberta Separatism PDF Version: “Get the province of Alberta in line”: Treaty Promises, Provincial Power, and the Role of Indigenous Nations in Discussions on ...

ablawg.ca

Robert Hamilton @roberthamilton.bsky.social · May 27

The best lectures on UNDRIP implementation are the ones with bear spray on the table beside you... Grateful to get the opportunity to teach about modern treaties in the Yukon this May. #noppt

Reposted by Robert Hamilton

David V. Wright @davevwright.bsky.social · May 17

Fantastic first week of this year’s Modern Treaties and the Law course with @roberthamilton.bsky.social and a group of wonderful @ucalgary.bsky.social students. Amazing to see students’ deep learning happening right before your eyes.

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Robert Hamilton @roberthamilton.bsky.social · May 2

Seem like a good time to re-up this piece from @davevwright.bsky.social and myself: ablawg.ca/2019/11/01/a...

Albexit/Wexit/Albwexit and the Rights of Indigenous Peoples - ABLawg

By: Robert Hamilton and David V. Wright PDF Version: Albexit/Wexit/Albwexit and the Rights of Indigenous Peoples Matter Commented On: Secession by Alberta or Western Provinces Talk of western alienati...

ablawg.ca

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Robert Hamilton @roberthamilton.bsky.social · Apr 30

Doing a little side research on public reactions to Indigenous legal and political victories.

I wonder if anyone can guess which politician said in a press conference in 1997 that the Delgamuukw decision is "a serious threat to national unity"...

Reposted by Robert Hamilton

Jacob T. Levy @jacobtlevy.bsky.social · Apr 14

I had been doubtful that we were going to have a "this is the crisis moment" with Trump, as opposed to "everything about this is a destructive catastrophe."

But the Abrego Garcia case is the crisis moment.

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Jennifer Koshan @jenniferkoshan.bsky.social · Mar 13

A new @ablawg.bsky.social post by @roberthamilton.bsky.social, @jwatsonhamilton.bsky.social and me exploring the teachable moments in Dickson v Vuntut Gwitchin First Nation, focusing on the SCC’s different reasons for finding the Charter applies (or not) to the VGFN. TLDR: Team Rowe on this one.

ABlawg UCalgary @ablawg.bsky.social · Mar 13

New Post: Teaching Dickson v Vuntut Gwitchin First Nation

ablawg.ca/2025/03/13...

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Robert Hamilton @roberthamilton.bsky.social · Dec 31

and some thoughts on the scope of federal authority in relation to the provinces under s.91(24): ablawg.ca/2024/06/03/c...

Can the Federal Government Compel Provincial Authorities to Respect an Indigenous Right of Self-Government?

By: Robert Hamilton Case Commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII) PDF Version: Can the Federal Government Compel…

ablawg.ca

Robert Hamilton @roberthamilton.bsky.social · Dec 31

A couple of my posts that may be of ongoing interest:

Nigel Bankes and I on UNDRIP at the SCC: ablawg.ca/2024/02/28/w...

What Did the Court Mean When It Said that UNDRIP “has been incorporated into the country’s positive law”? Appellate Guidance or Rhetorical Flourish?

By: Nigel Bankes and Robert Hamilton Case commented on: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5 (CanLII). PDF Version: What Did the Co…

ablawg.ca

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Robert Hamilton @roberthamilton.bsky.social · Dec 31

Ablawg year in review, featuring @nigelb.bsky.social @molszyns.bsky.social @jenniferkoshan.bsky.social @jwatsonhamilton.bsky.social @drewyewchuk.bsky.social and others.

ABlawg UCalgary @ablawg.bsky.social · Dec 31

New Post: ABlawg Year in Review 2024

ablawg.ca/2024/12/31...

ABlawg Year in Review 2024

December 31, 2024 ABlawg Year in Review 2024 By: Admin As is tradition, ABlawg closes 2024 with a summary of highlights over the past 12 months, including some statistics, examples …

ablawg.ca

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Reposted by Robert Hamilton

Nicole O’Byrne @nobyrne.bsky.social · Nov 18

Happy to see the Canadian Legal Academy list on this platform! Thanks to @roojinhabibi.org and @sonialawprof.bsky.social

Gillian Calder (she/her) @gcalder.bsky.social · Nov 18

With thanks to @roojinhabibi.org and @sonialawprof.bsky.social this excellent list.

bsky.app/profile/did:...

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Robert Hamilton @roberthamilton.bsky.social · Nov 18

Happy to have a chapter in this excellent new collection "Legal Histories of Empire: Navigating Legalities"

www.routledge.com/Legal-Histor...:

Legal Histories of Empire: Navigating Legalities

This collection brings together an international group of scholars in order to provide new insights into the diversity of imperial legalities. Across empires, legalities were produced not just – or ev...

www.routledge.com

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Reposted by Robert Hamilton

David Chan Smith @dasmith.bsky.social · Nov 18

New empire and law volume out with my chapter on #smuggling, legal pluralism and how to make a buck off international arbitrage. Many terrific essays here from
@roberthamilton.bsky.social and @cburset.bsky.social, wishing more authors were on Bluesky! #history
www.routledge.com/Legal-Histor....

Legal Histories of Empire: Navigating Legalities

This collection brings together an international group of scholars in order to provide new insights into the diversity of imperial legalities. Across empires, legalities were produced not just – or ev...

www.routledge.com

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