Kirsten Anker

Associate Professor

3690 Peel Street 
Room 304
Montreal Quebec
Canada H3A 1W9

514-398-8147 [Office]
514-398-7145 [Fax]
kirsten [dot] anker [at] mcgill [dot] ca (Email)

Portrait: Kirsten Anker

Biography

Kirsten Anker teaches property, legal theory and Aboriginal law/Indigenous legal traditions, with research interests extending also to evidence, dispute resolution, resource management and legal education. Her book Declarations of Interdependence: A Legal Pluralist Approach to Indigenous Rights explores various aspects of claiming Native (Aboriginal) Title as a way to inspire a re-imagination of law.  She has written widely on the challenge to orthodox understandings of law and sovereignty posed by the recognition in Australia and Canada that Indigenous law “intersects” or co-exists with state law, and draws on studies in legal theory, anthropology, Indigenous and occidental philosophy, translation and language.  Current projects include work on Indigenous legal traditions in formal legal education, non-static digital mapping in land claims, the privatisation of Indigenous consultation, and ecological jurisprudence.

Employment

  • Associate Professor, Faculty of Law, McGill University, 2016-
  • Assistant Professor, Faculty of Law, McGill University, 2007-2016
  • Visiting Lecturer, London School of Economics Faculty of Law, 2006
  • Boulton Fellow, Faculty of Law, McGill University, 2004
  • Associate Lecturer, Faculty of Law, University of Sydney, 2000-2003
  • Instructor, AUSAID Indonesia/Australia Specialist Training Project in Intellectual Property, Faculty of Law, University of Technology, Sydney, 2000-2001

Awards

  • Richard M. Buxbaum Prize for Teaching in Comparative Law, American Society of Comparative Law

Education

  • PhD University of Sydney
  • LLB University of Sydney
  • BSc University of Sydney, Physics

Areas of interest

Property law, Aboriginal peoples and the law, Indigenous jurisprudence, legal theory, legal anthropology/sociology, science studies, law and language

Selected publications

Books/Monographs

Declarations of Interdependence: A Legal Pluralist Approach to Indigenous Rights (Aldershot, Hampshire: Ashgate, 2014)

  • Chapter 4 reprinted in Tove Skutnabb-Kangas and Robert Phillipson (eds), Language Rights (London: Routledge, 2016)
  • Review: Margaret Davies, ‘Interdependent Legalities’ (March 23, 2015) Jotwell.com
  • Scott Simon, ‘Review: Declarations of Interdependence: A Legal Pluralist Approach to Indigenous Rights, by Kirsten Anker’ (2015) Journal of Legal Pluralism and Unofficial Law (published online 16 Feb 2015)

Peer-Reviewed Articles and Book Chapters

“Aboriginal Title and Alternative Cartographies” (2017) Erasmus (forthcoming)

‘Grounded Jurisprudence’ (2017) 17 Law Text Culture (forthcoming)

‘Reconciliation in Translation: Indigenous Legal Traditions and Canada’s Truth and Reconciliation Commission’ (2016) 33(1) Windsor Yearbook of Access to Justice (forthcoming)

‘Translating Sui Generis Aboriginal Rights and the Civilian Imagination’ in Les intraduisibles en droit civil (Montreal: Thémis, 2014)

‘Teaching “Indigenous Peoples and the Law”: Whose Law?’ (2008) 33:3 Alternative Law Journal 132

‘The Truth in Painting: Cultural Artefacts as Proof of Native Title’ (2005) 9 Law Text Culture 91.
Reprinted in Eve Darian-Smith, Laws and Societies in Global Contexts: Contemporary Approaches (Cambridge: Cambridge University Press, 2013)

‘Law in the Present Tense: Continuity and Tradition in The Yorta Yorta Aboriginal Community v Victoria’ (2004) 28 Melbourne University LR 1

‘Possessing Star Qualities: Celebrity Identity as Property’ (2002) 11 Griffith LR

with Catherine Dauvergne, Mark Findlay and Jenni Millbank, ‘An Evaluation of “Small Group” Teaching at the University of Sydney’ (2000) 11 Legal Ed R 97

Books chapters

"Symptoms of Sovereignty? Apologies, Indigenous Rights and Reconciliation in Australia and Canada" in Peer Zumbansen and Ruth Buchanen (eds), Law in Transition: Human Rights, Development and Transitional Justice (Oxford: Hart Publishing, 2014).

"The Law of the Other: Exploring the Paradox of Legal Pluralism in Australian Native Title" in Pierre Lagayette (ed), Dealing with the Other: Australia's Faces and Interfaces (Paris: Sorbonne University Press, 2008)

Book Reviews

‘Book Review: Aboriginal Title and Indigenous Peoples: Canada, Australia and New Zealand’ (2012) 85 Pacific Affairs 446

‘We, the Nomads: A Review of Lawscape: Property, Environment, Law’ (2011) 7 McGill International Journal of Sustainable Development Law & Policy 233

"The Promise of Encounter: Recent Research in 'Native Studies' from University of British Columbia Press" (2009) 43 Journal of Canadian Studies 222.

Other

‘Law, Culture and Fact in Indigenous Claims: Legal Pluralism as a Problem of Recognition’ in René Provost (ed), Centaur Jurisprudence (Cambridge: Cambridge University Press, 2016)

Special Issue Guest Editor – Signs in and of Place: Indigenous Issues in the Semiotics of Law, (2015) 28(4) International Journal for the Semiotics of Law

with Ben Hightower, ‘Introduction: (Re)Imagining Law: Marginalised Bodies/Indigenous Spaces’ (2015) 28(4) International Journal for the Semiotics of Law 1-8

‘Contextualizing Governance’ in Daniel Jutras, Rosalie Jukier and Richard Janda, The Unbounded Level of the Mind: Rod Macdonald’s Legal Imagination (Montreal: McGill-Queens University Press, 2015)

‘Symptoms of Sovereignty? Apologies, Indigenous Rights and Reconciliation in Australia and Canada’ in Peer Zumbansen and Ruth Buchanen (eds), Law in Transition: Human Rights, Development and Transitional Justice (Oxford: Hart Publishing, 2014)

Indigenous Legal Traditions and Indian Residential Schools: Law, Sovereignty and Reconciliation in Translation (May 2013) Working Paper prepared for the Canadian Indian Residential Schools Truth and Reconciliation Commission

'Land’ (June 2012) McGill Companion to Law

‘The Law of the Other: Exploring the Paradox of Legal Pluralism in Australian Native Title’ in Pierre Lagayette (ed), Dealing with the Other: Australia's Faces and Interfaces (Paris: Sorbonne University Press, 2008)

‘Law Reform: Getting to the Bottom of Third Party Guarantees’ (2002) 40 (2) Law Soc J 34