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Native Village Of Eyak V. Blank: Fish Is Best Rare; Justice, Not So Much, William H. Howery Iii
Native Village Of Eyak V. Blank: Fish Is Best Rare; Justice, Not So Much, William H. Howery Iii
Golden Gate University Law Review
For the purposes of the litigation discussed in this Note, the Chugach peoples comprise five native villages in the State of Alaska: Eyak, Tatitlek, Chenega, Nanwalek, and Port Graham ("the Villages"). The Villages must fight for a right to the natural resource they depend upon most for survival, fish. At the end of the twentieth century, the Villages sued the federal government to assert claims of aboriginal title, and along with it, exclusive rights to the resources of their ancestral fishing grounds on the Outer Continental Shelf (OCS). A panel of the United States Court of Appeals for the Ninth …
If You Give A Mouse A Cookie: California's Section 11135 Fails To Provide Plaintiffs Relief In Darensburg V. Metropolitan Transportation Commission, Kate Baldridge
Golden Gate University Law Review
This Note examines Darensburg and the evidentiary problems faced by plaintiffs entangled in the bus-versus-rail controversy that are inherent to disparate-impact litigation. Part I discusses the factual background of Darensburg and relevant federal and state law concerning claims of both intentional and disparate-impact discrimination. Part II examines disparate-impact jurisprudence in the context of the unequal distribution of municipal services as background to the complexity of the issues presented in Darensburg. Part III analyzes the Darensburg opinion in light of that background and shows that the burden-of-proof issues faced by plaintiffs are illustrative of the lack of effective guidance to …