Law Commons^™

Public Lands, Conservation, And The Possibility Of Justice, Sarah Krakoff

Publications

On December 28, 2016, President Obama issued a proclamation designating the Bears Ears National Monument pursuant to his authority under the Antiquities Act of 1906, which allows the President to create monuments on federal public lands. Bears Ears, which is located in the heart of Utah’s dramatic red rock country, contains a surfeit of ancient Puebloan cliff-dwellings, petroglyphs, pictographs, and archeological artifacts. The area is also famous for its paleontological finds and its desert biodiversity. Like other national monuments, Bears Ears therefore readily meets the statutory objective of preserving “historic and prehistoric structures, and other objects of historic or scientific …

Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)

Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson

"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …

Justice Delayed: A Tribal Attorney’S Perspective On Elwha River Dam Removal And Ecosystem Restoration, Russell W. Busch

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

Presenter: Russell W. Busch, Attorney for the Lower Elwha Klallam Tribe

10 pages.

A Brief History Of The U.S.-American Indian Nations Relationship, Richard B. Collins

Publications

No abstract provided.

Recovering Homelands, Governance, And Lifeways: A Book Review Of Blood Struggle: The Rise Of Modern Indian Nations, Kristen A. Carpenter

Publications

No abstract provided.

Ghosts In The Court: Jonathan Belcher And The Proclamation Of 1762, Eric Adams

Dalhousie Law Journal

History occupies a central place in aboriginal rights litigation. As a result, the circumstances and characters of the distant past play crucial roles in the adjudication of aboriginal treaty, rights and title claims. One such character is Jonathan Belcher. the first chief justice and former lieutenant governor of Nova Scotia. In 1762, Belcher issued a Proclamation reserving the north-eastern coast of Nova Scotia (and what Is now the eastern coast of New Brunswick) for the Mi'kmaq. In R. v Bernard, the accused pleaded a right to log timber on Crown land on the basis of Belcher's Proclamation. This article argues …

Western Water: The Ethical And Spiritual Questions, Charles Wilkinson

Publications

No abstract provided.

Brightening The Covenant Chain: Aboriginal Treaty Meanings In Law And History After Marshall, Mark D. Walters

Dalhousie Law Journal

The decision of the Supreme Court of Canada in R. v. Marshall raises some difficult questions about the interpretation of Crown-Aboriginal treaties, especially treaties dating from the eighteenth century. The Court acknowledged that the treaty context is important to establishing the meaning of treaty texts, and Aboriginal and non-Aboriginal perspectives must be considered. As a result, judges must have regard to historical analyses of Crown-Aboriginal relations when interpreting these old treaties. In this article, the author explores some of the complex theoretical problems that such legal-historical analyses create, focusing in particular upon the possibility that lawyers and judges may reach …

Beyond Indian Law: The Rehnquist Court’S Pursuit Of States’ Rights, Color-Blind Justice And Mainstream Values, David H. Getches

Publications

No abstract provided.

Was Amerindian Dispossession Lawful? The Response Of 19th-Century Maritime Intellectuals, D G. Bell

Dalhousie Law Journal

In the half-century ending about the time of Confederation a dozen writers addressed awkward questions about an earlier generation's dispossession of Maritime Amerindians from land and resources: had it been lawful; if so, how; if not, what should be done? In the main they approached it as an abstract question, divorced from those particulars of local history that would become the focus of late-20th-century investigation. Those who theorized that English tradition made dispossession lawful did so with reference to the doctrine of "discovery" or to the proposition, grounded in Locke and accepted widely in colonial public opinion, thatAmerindian possession of …

Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson

Publications

No abstract provided.

Tribal Courts: Constitutional Decision Making And An Opportunity For Transformation, Frank Pommersheim

Frank Pommersheim

No abstract provided.

The Public Lands And The National Heritage, Charles F. Wilkinson

Publications

No abstract provided.

Mikmaw Tenure In Atlantic Canada, James [Sákéj] Youngblood Henderson

Dalhousie Law Journal

The Supreme Court of Canada has characterized aboriginal title to land as a sui generis legal interest. This essay describes the sui generis interest of Mikmaw tenure in Atlantic Canada from a Mikmaq linguistic perspective. The author argues the prerogative treaties and legislation of the eighteenth century suggest it is a reserved and protected tenure, which in Eurocentric law might be reconceptualized as allodial tenure.

A Great Loneliness Of Spirit, Charles F. Wilkinson

Publications

No abstract provided.

The Native Hawaiian People And International Human Rights Law: Toward A Remedy For Past And Continuing Wrongs, S. James Anaya

Publications

No abstract provided.

The Repeal Of Article 8: Law, Government, And Cultural Politics At Akwesasne, William A. Starna

American Indian Law Review

No abstract provided.

The First Americans And The "Free" Exercise Of Religion, Martin C. Loesch

American Indian Law Review

No abstract provided.

The Legal Basis Of Aboriginal Title, Brian Slattery

Articles & Book Chapters

This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.

Native Americans And The Constitution: The Original Understanding, Mark Savage

American Indian Law Review

No abstract provided.

Criminal Jurisdiction Over Nonmember Indians: The Legal Void After Duro V. Reina, Douglas B. Cubberley

American Indian Law Review

No abstract provided.

To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson

Publications

In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …

From The Great Law Of Peace To The Constitution Of The United States: A Revision Of America's Democratic Roots, Gregory Schaaf

American Indian Law Review

No abstract provided.

A Critical Look At Wyoming Water Law, Mark Squillace

Publications

No abstract provided.

Water Marketing In Wyoming, Mark Squillace

Publications

No abstract provided.

Land Tenure In The Pacific: The Context For Native Hawaiian Land Rights, Charles F. Wilkinson

Publications

No abstract provided.

The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson

Publications

No abstract provided.

The Law Of The American West: A Critical Bibliography Of The Nonlegal Sources, Charles F. Wilkinson

Publications

No abstract provided.

Competing Demands For The Colorado River, David H. Getches

Publications

No abstract provided.

Philosophical, Legal, And Social Rationales For Appropriating The Tribal Estate, 1607 To1980, Arrell Morgan Gibson

American Indian Law Review

No abstract provided.