Law Commons^™

Interstate Water Compact Version 3.0: Missouri River Basin Compact Drafters Should Consider An Inter-Sovereign Approach To Accommodate Federal And Tribal Interests In Water Resources, Jeffrey T. Matson

Jeffrey T Matson

In the aftermath of the historic 2011 Missouri River flood, Missouri River Basin (MRB) state representatives and governors criticize the U.S. Army Corps of Engineers (Corps) for operating the Missouri River Mainstem Reservoir System (System) in support of the multiple, often conflicting, purposes outlined in the Flood Control Act of 1944. These officials envision entering into an interstate compact to divest the Corps of some of its operational authority and to broaden their role in managing water resources. Similarly, MRB tribal leaders argue that the Corps fails to operate its System in a manner that respects the interrelated issues of …

Marshall And O'Connor: Categorical First Justices And Their Impact On Federal Indian Law, Richard L. Barnes

richard l barnes

Thurgood Marshall was the first African-American appointed to the United States Supreme Court. Sandra Day O’Connor was the first woman appointed. As firsts in their category their historical role is assured, but their legacy is broader. This Article examines one piece of their legacies: Is it plausible to find some of their character as ‘Firsts’ in their opinions for the Court in Indian cases? Specifically can we find a legacy of categorical pioneering in the Justices’ treatment of American Indians as another category of people underrepresented on the Court?

My working hypothesis was that the sympathy some might expect from …

Matching Actions To Words: The Promotion Of Tribal Soivereignty Through Negotiated Rulemaking, Joseph M. Cottle

Joseph M Cottle

On May 25, 2006, the National Indian Gaming Commission (NIGC) proposed a new definition concerning bingo games and new classification standards for Class II games. The proposed rules likely will require Native American tribes to eliminate their Class II games or enter tribal-state negotiations to conduct Class III games. The process of proposing these rules deprived tribes of sovereignty since the tribes were not able to participate in the drafting of the proposed rules, the rules shift many Class II games to Class III games with weighty economic and political costs to tribes, and the ability to object to game …

A Judicial Framework For Applying Supreme Court Jurisprudence To The State Income Taxation Of Indian Traders , Scott A. Taylor

Scott A. Taylor

State income taxation of Indian traders is a legal issue that the United States Supreme Court is likely to address within the next five years. This article provides a theoretical framework for resolution of the issue by considering the political framework of the United States Constitution and the historical role that federally recognized Indian tribes have played within the American legal system. As the cases work their way through the state judicial systems, this article will provide an important theoretical starting point for the lawyers and judges dealing with the question. And when the United States Supreme Court finally addresses …

The Native Hawaiian Government Reorganization Act Of 2005 And The 109th Congress: Intersections Of Racial Conflict And Identity Politics In Contemporary Struggles For Federal Recognition, Chris K. King

Chris K King

No abstract provided.