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- American Indian Law Review (6)
- Books, Reports, and Studies (4)
- ExpressO (4)
- Celebrating the Centennial of the Antiquities Act (October 9) (3)
- Dalhousie Law Journal (3)
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- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (2)
- Articles (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (1)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (1)
- Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1) (1)
- Free, Prior and Informed Consent: Pathways for a New Millennium (November 1) (1)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (1)
- Jepson School of Leadership Studies articles, book chapters and other publications (1)
- Mitchell Hamline Law Review (1)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (1)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (1)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (1)
- Publication Type
Articles 1 - 30 of 37
Full-Text Articles in Law
Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development, Ezra Rosser
Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
Grazing is fundamental to Navajo identity, yet management of the Navajo range remains highly problematic. This Essay connects the federal government's devastating livestock reduction effort of the 1930s with the inability of the Navajo Nation to place meaningful limits on grazing and the power of grazing permittees. It argues that the Navajo Nation should consider reasserting the tribe's traditional understanding that property rights depend on use as a way to create space for reservation development.
Don't Chase Your Losses: Online Gambling Regulation And Solutions In Minnesota, Samuel E. Mogensen
Don't Chase Your Losses: Online Gambling Regulation And Solutions In Minnesota, Samuel E. Mogensen
Mitchell Hamline Law Review
No abstract provided.
Slides: The Colorado River Basin, Larry Macdonnell
Slides: The Colorado River Basin, Larry Macdonnell
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Larry MacDonnell, Senior Fellow, Getches-Wilkinson Center, University of Colorado
17 slides
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program
Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)
Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA
23 slides
Public Health Protection And Drinking Water Quality On First Nation Reserves: Considering The New Federal Regulatory Proposal, Constance Macintosh
Public Health Protection And Drinking Water Quality On First Nation Reserves: Considering The New Federal Regulatory Proposal, Constance Macintosh
Articles, Book Chapters, & Popular Press
In January 2009, the federal government issued a discussion paper that details its preferred regulatory route for enabling a legislative framework. This route is to referentially incorporate provincial legislation regarding operational standards through a framework statute, and then develop the details of the regime through regulations to be developed in consultation with First Nations over the next few years. Importantly, the opening sentence of the discussion paper's executive summary expressly connects water and public health. It reads: "The provision of safe drinking water and the effective treatment of wastewater are critical in ensuring the health and safety of First Nations …
Colonialism And The Process Of Defining Aboriginal People, D'Arcy Vermette
Colonialism And The Process Of Defining Aboriginal People, D'Arcy Vermette
Dalhousie Law Journal
It is not uncommon for Aboriginal law students to experience discomfort in studying the law The discomfort is not unique to legal studies, but the law provides a venue where the effects of the imposition of colonial norms are starkly revealed. In law school the author had to confront how Canadian law has attempted to control Aboriginal identity, at first through legislation and then through the courts. While the locus and style of controlling Aboriginal identity has changed over time, the practice of controlling Aboriginal identity is ever present. This process of control dehumanizes individualsand peoples and continues into the …
Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Executive Summary, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)
Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Executive Summary, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)
Books, Reports, and Studies
7 p. : col. ill., maps
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband
Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband
Celebrating the Centennial of the Antiquities Act (October 9)
13 pages.
Includes bibliographical references
Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace
Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace
Celebrating the Centennial of the Antiquities Act (October 9)
Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law
35 slides
Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband
Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband
Celebrating the Centennial of the Antiquities Act (October 9)
Presenter: Professor James R. Rasband, Brigham Young University School of Law
20 slides
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Lost In The Shuffle: State-Recognized Tribes And The Tribal Gaming Industry, Alexa Koenig, Jonathan Stein
Lost In The Shuffle: State-Recognized Tribes And The Tribal Gaming Industry, Alexa Koenig, Jonathan Stein
ExpressO
This article presents the emerging argument that Native American tribes that have received state but not federal recognition have a legal right to engage in gaming under state law. This argument is based on five points: that 1) the regulation of gaming is generally a state right; 2) state tribes are sovereign governments with the right to game, except as preempted by the federal government; 3) federal law does not preempt gaming by state tribes; 4) state tribal gaming does not violate Equal Protection guarantees; and 5) significant policy arguments weigh in favor of gaming by state tribes under state …
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction To The Legal Foundation Of Federal Land Management, University Of Colorado Boulder. Natural Resources Law Center
Introduction to the Legal Foundation of Federal Land Management (December 1-3)
1 v. (various pagings) : ill., maps ; 28 cm
Materials prepared for the course held at the National Center for Atmospheric Research in Boulder, Colorado on December 1-3, 2004
Course instructors: Charles Wilkinson; Sarah Krakoff; Kathryn Mutz; Ann Morgan; Maggie Fox
Contents:
Introduction -- Agenda -- Summaries of laws -- Case studies. Travel management; Oil and gas development; Timber/fuels reduction -- How to influence agency decision makers -- Natural resource related legal and policy resources for the non-legal professional
Tribal Sovereignty Over Water Quality, Jessica Owley
Water Allocation Compacts In The West: An Overview, Douglas S. Kenney
Water Allocation Compacts In The West: An Overview, Douglas S. Kenney
Books, Reports, and Studies
14 p. : charts ; 28 cm
Indian Religious Freedom: To Litigate Or Legislate?, Louis Fisher
Indian Religious Freedom: To Litigate Or Legislate?, Louis Fisher
American Indian Law Review
No abstract provided.
Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Biodiversity Protection: Implementation And Reform Of The Endangered Species Act, University Of Colorado Boulder. Natural Resources Law Center
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
Conference organizers and/or faculty included University of Colorado School of Law professors Betsy Rieke, David H. Getches, Michael A. Gheleta and Charles F. Wilkinson.
All across the country--in Congress, in state legislatures and in urban and rural communities--people are discussing why we should or should not protect biodiversity and how best to do so. Since the Endangered Species Act is up for reauthorization, a variety of reform proposals are being debated. Speakers--including natural resource scholars, experts from the private and nonprofit sectors, and government officials--will examine the rationale for biodiversity protection, the legal framework of the Endangered Species Act, and …
Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center
Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center
Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)
14 pages.
Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.
Includes bibliographical references.
Contents:
Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams
Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …
Mikmaw Tenure In Atlantic Canada, James [Sákéj] Youngblood Henderson
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.
The "De-Selected" Senate Committee On Indian Affairs And Its Legislative Record, 1977-1992, David E. Wilkins
The "De-Selected" Senate Committee On Indian Affairs And Its Legislative Record, 1977-1992, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
This essay has three major sections. In section one, I examine the Congress's constitutional responsibility for administration of the federal government's affairs with tribes. In section two, I describe the history of the various Indian committees from 1820 to 1977. Section three details the legislative record of the Senate Select Committee during its sixteen-year existence (1977-1993) as a "select" entity. Substantive policy content analysis of the committee's legislative activity, which is the next logical step leading to the construction of a theory or theories about congressional committees and their impact on the development of sound federal Indian policy, must await …
Justification And Cultural-Authority In S.35(1) Of The Constitution Act, 1982: Regina V. Sparrow, Chris Tennant
Justification And Cultural-Authority In S.35(1) Of The Constitution Act, 1982: Regina V. Sparrow, Chris Tennant
Dalhousie Law Journal
Regina v. Sparrow is the first decision of the Supreme Court of Canada under s.35(1) of the Constitution Ac 1982. The case has wide-reaching implications for the recognition and limitation of aboriginal rights. This case comment will explore some of the implications of Sparrow, with a focus on the test developed by the Court for the justification of government regulation of aboriginal rights. In particular, the question of the cultural authority of non-aboriginal judges to justify legislation regulating aboriginal rights will be addressed.
Implementing Winters Doctrine Indian Reserved Water Rights: Producing Indian Water & Economic Development Without Injuring Non-Indian Water Users?, Reid Peyton Chambers, John E. Echohawk, University Of Colorado Boulder. Natural Resources Law Center
Implementing Winters Doctrine Indian Reserved Water Rights: Producing Indian Water & Economic Development Without Injuring Non-Indian Water Users?, Reid Peyton Chambers, John E. Echohawk, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
18 p. ; 28 cm
Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center
Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)
Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.
Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.
The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …
The Governmental Context For Natural Resources Development In Indian Country, Susan M. Williams, University Of Colorado Boulder. Natural Resources Law Center
The Governmental Context For Natural Resources Development In Indian Country, Susan M. Williams, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
22 p. ; 28 cm
The Case For A Legislative Solution To Indian Water Claims, James M. Bush
The Case For A Legislative Solution To Indian Water Claims, James M. Bush
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
57 pages.
Agenda: The Federal Impact On State Water Rights, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Federal Impact On State Water Rights, University Of Colorado Boulder. Natural Resources Law Center
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
Conference organizers and/or speakers included University of Colorado School of Law professors James N. Corbridge, Jr., David H. Getches, Lawrence J. MacDonnell and Richard B. Collins.
In general, water rights are a matter of state law. However, the availability and development of water are affected by important federal rights, policies and programs. In this conference, an outstanding group of private practitioners, government representatives and academics consider this important topic.