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Indigenous, Indian, and Aboriginal Law

Seattle University Law Review

Indian Law

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Statutes Of Ill Repose And Threshold Canons Of Construction: A Unified Approach To Ambiguity After San Carlos Apache Tribe V. United States, Daniel Lee Jul 2013

Statutes Of Ill Repose And Threshold Canons Of Construction: A Unified Approach To Ambiguity After San Carlos Apache Tribe V. United States, Daniel Lee

Seattle University Law Review

Historically, the San Carlos Apache Tribe depended on the Gila River to irrigate crops and sustain a population of around 14,000 tribe members. The river is also sacred to the Tribe and central to the Tribe’s culture and spirituality. Initially, the federal government had recognized the Tribe’s dependence on the Gila River by reserving, under the Winters doctrine, water rights necessary to support the San Carlos Apache Reservation. Acting as the Tribe’s trustee, the United States entered into the Globe Equity Decree (the Decree), which prevented the San Carlos Apache Tribe from claiming water rights under the Winters doctrine and …


Civil Regulatory Jurisdiction Over Fee Simple Tribal Lands: Why Congress Is Not Acting Trustworthy, Yvonne Mattson Jan 2004

Civil Regulatory Jurisdiction Over Fee Simple Tribal Lands: Why Congress Is Not Acting Trustworthy, Yvonne Mattson

Seattle University Law Review

Part II of this Comment provides a background on the trust relationship between the U.S. Congress and Indian tribes, while Part III provides an historical analysis of federal policy and attitudes surrounding tribal sovereignty. Part IV discusses State authority over Indian tribes, while Part V briefly discusses the various forms of tribal property and provides a summary of the importance of the power to zone. Part VI discusses jurisprudence on civil regulatory jurisdiction over Indian tribes, specifically, the way in which the two leading cases, United States v. Montana and Brendale v. Confederated Tribes and Bands of the Yakima Nation …