Law Commons^™

A Reply To Professor Pothier's Review Of Power Without Law: The Supreme Court Of Canada, The Marshall Decisions And The Failure Of Judicial Activism, Alex M. Cameron

Dalhousie Law Journal

The Spring 2010 edition of the Dalhousie Law Journal contains an article by Professor Dianne Pothier, discussing my book, Power Without Law: The Supreme Court of Canada, The Marshall Decisions and the Failure of JudicialActivism. In the review, Professor Pothier strongly disagrees with the book's critique of the Supreme Court of Canada's majority decision in R. v. Marshall. In particular, she disagrees with the argument that the alleged treaty right of aboriginals to hunt, fish, gather and trade for necessaries, described in Justice Binnie's majority decision, is constitutionally flawed. Professor Pothier also suggests that the argument is the central thesis …

Inherent Tribal Sovereignty And The Clean Water Act: The Effect Of Tribal Water Quality Standards On Non-Indian Lands Located Both Within And Outside Reservation Boundaries, Andrea K. Leisy

Golden Gate University Law Review

This Comment briefly describes the background of federal Indian law in the United States, including the jurisdictional disputes between federal, state, and tribal interests. Part II also describes the EPA's Indian Policy to further illustrate the legal doctrines and policies that help shape current judicial opinions. Part III examines Albuquerque v. Browner, in which the Tenth Circuit upheld the EPA's approval of water quality standards for the Pueblo of Isleta, an Indian tribe whose reservation is located downstream from Albuquerque's wastewater treatment plant on the Rio Grande River. This section illustrates the EPA's proper interpretation of the CWA, within the …

Indian Law, Lester J. Marston, David A. Fink, Steven White

Golden Gate University Law Review

No abstract provided.

Summaries: Indian Law, Margaret Crow

Golden Gate University Law Review

No abstract provided.

Indian Law, Margaret Crow

Golden Gate University Law Review

No abstract provided.

Indian Law, Mark R. Peterson, May Lee Tong

Golden Gate University Law Review

No abstract provided.

Indian Law, Jeffrey A. Titus

Golden Gate University Law Review

No abstract provided.

Indian Law, Thomas M. Anderson

Golden Gate University Law Review

No abstract provided.

In Land We Trust': The Endorois' Communication And The Quest For Indigenous Peoples' Rights In Africa, Korir Sing' Oei A., Jared Shepherd

Buffalo Human Rights Law Review

This article examines Communication 276/2003, Center for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of the Endorois Welfare Council v. Kenya, argued before the African Commission on Human and Peoples' Rights. The Endorois Communication is one of the first indigenous rights claims to be examined by an international body after the adoption of the United Nations Declaration on the Rights of Indigenous Peoples.

This article begins by placing the Communication within the context of the international indigenous rights movement. The authors then explore the Commission's historical use of Articles 60 and 61 of the African Charter …

We Live On Their Land: Implications Of Long-Ago Takings Of Native American Indian Property, Anthony Peirson Xavier Bothwell

Annual Survey of International & Comparative Law

No abstract provided.

Indian Law, Ben E. Fox

Golden Gate University Law Review

No abstract provided.

Indian Law, Belinda Kendall

Golden Gate University Law Review

No abstract provided.

Indian Law, Denise K. Mills

Golden Gate University Law Review

No abstract provided.

Indian Law, Sharon R. Fisher

Golden Gate University Law Review

No abstract provided.

Preserving Indian Archaeological Sites Through The California Environmental Quality Act, Lynda L. Brothers

Golden Gate University Law Review

No abstract provided.

Distinguishing Carcieri V. Salazar: Why The Supreme Court Got It Wrong And How Congress And The Courts Should Respond To Preserve Tribal And Federal Interests In The Ira's Trust-Land Provisions, Sarah Washburn

Washington Law Review

Section 5 of the Indian Reorganization Act (IRA) authorizes the Secretary of the Interior to acquire and hold land in trust for the purpose of providing land for Indians. In 2009, the Supreme Court held in Carcieri v. Salazar that to qualify for the benefits of Section 5, tribes must show they were under federal jurisdiction at the time the IRA was enacted in 1934. The Carcieri Court then determined that the Narragansett tribe, which obtained federal recognition in 1983 under the 25 C.F.R. Part 83 recognition process, had not proven that it was under federal jurisdiction in 1934. Carcieri …

Distinguishing Carcieri V. Salazar: Why The Supreme Court Got It Wrong And How Congress And The Courts Should Respond To Preserve Tribal And Federal Interests In The Ira's Trust-Land Provisions, Sarah Washburn

Washington Law Review

Section 5 of the Indian Reorganization Act (IRA) authorizes the Secretary of the Interior to acquire and hold land in trust for the purpose of providing land for Indians. In 2009, the Supreme Court held in Carcieri v. Salazar that to qualify for the benefits of Section 5, tribes must show they were under federal jurisdiction at the time the IRA was enacted in 1934. The Carcieri Court then determined that the Narragansett tribe, which obtained federal recognition in 1983 under the 25 C.F.R. Part 83 recognition process, had not proven that it was under federal jurisdiction in 1934. Carcieri …

Distinguishing Carcieri V. Salazar: Why The Supreme Court Got It Wrong And How Congress And The Courts Should Respond To Preserve Tribal And Federal Interests In The Ira's Trust-Land Provisions, Sarah Washburn

Washington Law Review

Section 5 of the Indian Reorganization Act (IRA) authorizes the Secretary of the Interior to acquire and hold land in trust for the purpose of providing land for Indians. In 2009, the Supreme Court held in Carcieri v. Salazar that to qualify for the benefits of Section 5, tribes must show they were under federal jurisdiction at the time the IRA was enacted in 1934. The Carcieri Court then determined that the Narragansett tribe, which obtained federal recognition in 1983 under the 25 C.F.R. Part 83 recognition process, had not proven that it was under federal jurisdiction in 1934. Carcieri …

Have American Indians Been Written Out Of The Religious Freedom Restoration Act, Jessica M. Wiles

Montana Law Review

Written out of RFRA

Alex M. Cameron, Power Without Law. The Supreme Court Of Canada, .The Marshall Decisions, And The Failure Of Judicial Activism, Dianne Pothier

Dalhousie Law Journal

Alex Cameron's book, Power WithoutLaw, is a scathing critique ofthe Supreme Court of Canada's 1999 decisions in R. v. Marshall upholding Donald Marshall Jr.'s Mi'kmaq treaty claim. Cameron's book has attracted a lot of attention because of the author's position as Crown counsel for the government of Nova Scotia. Cameron was not involved as a lawyer in the Marshallcase itself. As a fisheries prosecution, Marshallwas a matter of federal jurisdiction pursuant to s. 91(12) of the Constitution Act, 1867, and Nova Scotia chose not to intervene. However, Cameron did become involved in a subsequent case dealing with the same series …

Fee Simple Estate And Footholds In Fishing: The Australian High Court's Formalistic Interpretation Of The Aboriginal Land Rights Act, Heather Ahlstrom Coldwell

Washington International Law Journal

The coast of the Northern Territory in Australia boasts some of the world’s best fishing and hosts a lucrative commercial fishing industry. The Northern Territory is also home to over 50,000 Aboriginal people who rely on these waters for their subsistence and livelihood. However, the Aboriginal population is effectively barred from participating in the commercial fishing industry by Territory regulations and economic disadvantage. In July 2008, ten years of litigation over access to coastal waters adjoining Aboriginal land in the Northern Territory culminated with the High Court’s decision in Northern Territory of Australia v. Arnhem Land Aboriginal Trust. The …

Disproportionate Disenfranchisement Of Aboriginal Prisoners: A Conflict Of Law That Australia Should Address, Megan A. Winder

Washington International Law Journal

In 2006, Australia’s Parliament banned all prisoners from voting. A year later, Vickie Lee Roach, a female prisoner of Aboriginal descent, challenged the blanket ban promulgated in the 2006 amendment to the Commonwealth Electoral Act of 1918 (“Electoral Act”). Vickie won, but in a limited way. The High Court found an implied right to vote in the Australian Constitution, but held that Parliament could limit such voting, as it did in the Electoral and Referendum Amendment of 2004 (“E & R Amendment”), disenfranchising any prisoner serving three or more years in jail. This Comment argues that the E & R …

Sandia Pueblo Tribal Court Handbook (2010), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Kewa Pueblo Tribal Court Handbook Fka Santo Domingo (2010), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Tesuque Pueblo Tribal Court Handbook (2010), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Zia Pueblo Tribal Court Handbook (2010), Tribal Law Journal Staff

Tribal Law Journal

This handbook helps take some of the mystery out of practicing in tribal courts. Without the necessary information to learn new rules and protocols many attorneys are understandably reluctant to practice in a new jurisdiction. As a result, tribal courts are underused or misused. This handbook is intended to help attorneys and advocates become more aware of the various individual tribal court systems and to learn their rules and protocol.

Land Use And Water Supply, Susan Kelly, Joanne Hilton

Water Matters!

As New Mexico grows and develops, there is a continuing increase in water demand and the need to provide additional supplies. Recent studies estimate the current population of the State to be about two million people, and the population is expected to grow to approximately 3,400,000 by 2050. Regional water plans project water demands for 16 regions within New Mexico. The total projected new water use associated with population growth—the public water supply and associated commercial sectors, exclusive of agriculture, mining, or other industries—ranges from 280,000 to 380,000 acre-feet per year of new water supply needed in the next 40 …

An Analysis Of Article 28 Of The United Nations Declaration On The Rights Of Indigenous Peoples, And Proposals For Reform, David Fautsch

Michigan Journal of International Law

The purpose of this Note is two-fold: first, to demonstrate why the standards set out in Article 28 require further clarification, and second, to propose reforms (both inside and outside of the United Nations framework) that might benefit indigenous peoples claiming land rights.

The Conflict Between State Tests Of Tribal Entity Immunity And The Congressional Policy Of Indian Self-Determination, Aaron F.W. Meek

American Indian Law Review

No abstract provided.

Native Hawaiians And The Ceded Lands Trust: Applying Self-Determination As An Alternative To The Equal Protection Analysis, R. Hōkūlei Lindsey

American Indian Law Review

No abstract provided.