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Full-Text Articles in Law
Brief For The United States In Opposition
Brief For The United States In Opposition
Lummi Nation v. Samish Indian Tribe, Docket No. 05-445 (546 U.S. 1090 (2006))
No abstract provided.
Brief In Opposition
Lummi Nation v. Samish Indian Tribe, Docket No. 05-445 (546 U.S. 1090 (2006))
No abstract provided.
Petition For Writ Of Certiorari
Petition For Writ Of Certiorari
Lummi Nation v. Samish Indian Tribe, Docket No. 05-445 (546 U.S. 1090 (2006))
No abstract provided.
Forsaking The Forests For The Trees: Forestry Law In Papua New Guinea Inhibits Indigenous Customary Ownership, Alyssa A. Vegter
Forsaking The Forests For The Trees: Forestry Law In Papua New Guinea Inhibits Indigenous Customary Ownership, Alyssa A. Vegter
Washington International Law Journal
Illegal logging in the tropical forests of Papua New Guinea is one of the greatest threats to the forests and indigenous people of this island nation. Increasing pressure from the commercial logging industry, legislation that restrains customary ownership, and an unclear legal basis for this ownership subjects the indigenous people of Papua New Guinea to unscrupulous, unsustainable, and illegal logging practices. As a region central to the preservation of global ecological and cultural diversity, the devastating consequences of illegal logging in Papua New Guinea have become nationally and internationally significant. Customary ownership of the forests by the indigenous clans of …
Aboriginal Title And Extinguishment Not So "Clear And Plain": A Comparison Of The Current Maori And Haida Experiences, Jacqueline F. Pruner
Aboriginal Title And Extinguishment Not So "Clear And Plain": A Comparison Of The Current Maori And Haida Experiences, Jacqueline F. Pruner
Washington International Law Journal
As the end of the United Nations General Assembly's International Decade of the World's Indigenous Peoples (1995-2004) approaches, indigenous peoples worldwide are proactively seeking an unprecedented reclamation of aboriginal rights lost since European colonization. One of the most all-encompassing rights that is asserted by indigenous peoples is the right of "indigenous title," a legal term of art that is both difficult to define and challenging to recognize. Notwithstanding domestic opposition from their respective provincial or national legislatures, both the Haida of Canada and the Maori of New Zealand are currently pursuing recognition of this indigenous right through their respective judiciaries. …
Judicial Regrets And The Case Of The Cushman Dam, William H. Rodgers, Jr.
Judicial Regrets And The Case Of The Cushman Dam, William H. Rodgers, Jr.
Articles
This essay is a criticism of the Ninth Circuit's en banc decision in Skokomish Indian Tribe v. United States [401 F.3d 979 (9th Cir. 2005]. It finds particular fault with the court's understanding of Indian treaty rights as "something given," and its outlandish conclusion that fishing was not a "primary purpose" of the Stevens treaties.
The article further criticizes the court's treatment of the "continuing nuisance" doctrine that is applied to afford a statute of limitations defense to enterprises that did lasting environmental damage by diverting the entire North Fork of the Skokomish River out of the watershed.
It concludes …