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Tribal Hunting And Fishing Lifeways & Tribal-State Relations In Idaho, Angelique Eaglewoman
Tribal Hunting And Fishing Lifeways & Tribal-State Relations In Idaho, Angelique Eaglewoman
Faculty Scholarship
This article will explore the treaty hunting and fishing rights issues that have arisen in the state of Idaho with the Tribal Nations in the area. First, the background on the area Tribal Nations’ territories will be detailed. Second, the creation of the state of Idaho will be sketched within the framework of federal Indian law. Third, the case law that has developed in Idaho and in the Pacific Northwest regarding the exercise of treaty hunting and fishing rights will be examined. Next, the Rapid River case in Idaho in the late 1970s will serve as an illustration of this …
From Conflict To Cooperation: State And Tribal Court Relations In The Era Of Self-Determination, Aliza Organick, Tonya Kowalski
From Conflict To Cooperation: State And Tribal Court Relations In The Era Of Self-Determination, Aliza Organick, Tonya Kowalski
Faculty Scholarship
State and Tribal sovereigns have historically had a tense relationship, beginning in colonial times, when states vied with the federal government for trading rights and for control of Indian lands. Today, that tension still expresses itself in matters such as gaming compacts, criminal and civil jurisdiction, and taxation, to name just a few. While different sovereigns within a federal system may always vie for resources and power to some extent, it is time for states and Tribes to focus on what a more mutually supportive relationship with Tribal communities has to offer. This Essay explores the history of the two …
Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique Eaglewoman
Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique Eaglewoman
Faculty Scholarship
This article examines one tribal nation as an example of the many land loss issues facing Tribes at present. Through the example of the Sisseton-Wahpeton Oyate history of treaties, agreements, land cessions, and finally a federal ruling of reservation disestablishment, the policies of the United States regarding Indian lands will be shown. To reestablish the territorial boundaries of the Sisseton-Wahpeton Oyate, federal recognition is necessary in the United States. International law principles from the United Nations, the International Labor Organization, and the Organization of American States may provide legal support for the re-recognition of the reservation boundaries.