Law Commons^™

Affidavit Of Arthur Gardenswartz, Arthur Gardenswartz

Sandia Pueblo Mountain Claim

No abstract provided.

Affidavit Of Paul Fore, Paul Fore

Sandia Pueblo Mountain Claim

No abstract provided.

Proceedings In Regard To The Construction Of The Mission And Pueblo Of Our Lady Of Sorrow Of Sandia, Concerning Which This Attestation, To The Letter, Is Sent To The Superior Government Of This New Spain As Will Be Perceived Within Etc., Fray Juan Miguel Menchero, Joachin Codallos Y Rabal, Bernardo Antonio De Bustamante Y Tagle, Myra Ellen Jenkins

Sandia Pueblo Mountain Claim

This is a copy of a translation with the original text of the Spanish document granting land to the Pueblo of Sandia.

An Act To Provide For The Settlement Of The Water Rights Claims Of The Yavapai-Prescott Indian Tribe In Yavapai County, Az, And For Other Purposes, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: An Act To Provide for the Settlement of the Water Rights Claims of the Yavapai-Prescott Indian Tribe in Yavapai County, Arizona, and for Other Purposes, P.L. 103-434, 108 Stat. 4526 (Oct. 31, 1994. Parties: Yavapai-Prescott Indian Tribe, AZ, Prescott, Chino Valley Irrigation District & US. Title I of the Act is the Yavapai-Prescott Indian Tribe Water Rights Settlement Act of 1994, which ratifies the Settlement Agreement entered into by the Tribe, AZ, US, Prescott, and the Chino Valley Irrigation District. It provides for the settlement of all water between and among the parties. The Secretary is authorized to …

Yavapai-Prescott Indian Water Rights Settlement Act Of 1994, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: Title 1, Sec. 101(b)(5) of An Act to Provide for the Settlement of the Water Rights Claims of the Yavapai-Prescott Indian Tribe in Yavapai County, AZ, and for Other Purposes, PL103-434 (OCT. 31, 1994) Title 1, Sec. 101(b)(5) repeals section 406(k) of Public Law 101-628 which authorizes $30,000,000 in appropriations for the acquisition of land and water resources in the Verde River basin and for the development thereof as an alternative source of water for the Fort McDowell Indian Community. [Source: http://www.gpo.gov/fdsys/pkg/STATUTE-108/pdf/STATUTE-108-Pg4526.pdf]

San Carlos Apache Tribe Water Rights Settlement Act Of 1992, Amendment Of 1994, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation| 1994 Amendment to the San Carlos Apache Tribe Water Rights Settlement Act of 1992, in Indian Laws Technical Corrections (May 31, 1994) at Sec 2. PL 103-263, 108 Stat. 575 Parties: San Carlos Apache Tribe & US. Amending Sec. 3704(d) of the San Carlos Apache Tribe Water Rights Settlement Act of 1992 (Public Law 102-575 amended by deleting "reimbursable'' and inserting in lieu thereof "nonreimbursable". [Source: http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1994&isCollapsed=false&leafLevelBrowse=false&isDocumentResults=true&ycord=1025]

Northern Cheyenne Indian Reserved Water Rights Settlement Act Of 1992, Amendments Of 1994, United States 103rd Congress

Native American Water Rights Settlement Project

Federal Legislation: Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1994, Sec. 1. PL 103-263, 108 Stat. 575. Amending PL 102-374 by adding provisions assigning responsibility of cost of environmental compliance for Tongue River Dam Project to the US, including reimbursements to MT. [Source| http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=GPO&browsePath=United+States+Statutes+at+Large+%28Digitized%29%2F1994&isCollapsed=false&leafLevelBrowse=false&isDocumentResults=true&ycord=1025]

You've Got It Coming -- Winning Discovery Through Effective Motions Practice, David J. Stout

Faculty Scholarship

An effective discovery motion begins with the underlying discovery document and a thoughtful plan for discovery.

This article will begin with a brief overview of the more important substantive legal points relevant to discovery. The materials will then address some of the more recurrent problems encountered by counsel during the course of discovery. Finally, the discussion will examine the timing, form and content of discovery motions.

1993 Amendments To The Federal Rules Of Civil Procedure Effective December 1, 1993, Daid J. Stout

Faculty Scholarship

On December I, 1993 Congress allowed an important series of amendments to the Federal Rules of Civil Procedure to pass into law. The amendments, particularly with regard to discovery, are extensive and you should carefully review the changes.

The discussions of the 1993 amendments consist of two articles. This article addresses the 1993 amendments (Rule 26, 30 - 37, and 16) as they impact the discovery process.

Recognizing And Enforcing State And Tribal Judgments: A Round Table Discussion Of Law, Policy And Practice, Christine Zuni Cruz, Mario E. Occhialino Jr., Philip Sam Deloria, Richard E. Ranson Honorable, Robert N. Clinton, Robert Laurence, Nell Jessup Newton

Faculty Scholarship

Let me begin with a word of introduction. For a long time, we at the American Indian Law Center have been interested in and concerned about the growth and strengthening of tribal governmental institutions. Tribal sovereignty is often talked about in the abstract, but people are somewhat reluctant to deal with the practical issues that are involved when sovereignty is actually exercised: the give and take that governments do all the time in their relationships with each other. We tried to take the leadership a number of years ago in looking at some of the practical issues involved in the …

Flooding The Courtrooms: Law And Water In The Far West By M. Catherine Miller., G. Emlen Hall

Faculty Scholarship

Flooding the Courtrooms: Law and Water in the Far West. By M. Catherine Miller. (Lincoln: University of Nebraska Press, 1993. 255 pp. Maps, notes, bibliography, index. $45.00.)

On Privilege, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

Law And Language(S): Image, Integration And Innovation, Margaret E. Montoya

Faculty Scholarship

Examining the complex relationship between law and language enhances our understanding of the marginalization and subordination of linguistic Outsiders. This nexus between law and language has many manifestations. In this essay I discuss the biases about language that constrain traditional legal discourse while I explore strategies for its reframing by using the languages of Outsiders. Succinctly stated, this essay posits that traditional language norms create images or maintain stereotypes that stultify public discourse as well as impose cultural integration and linguistic assimilation with destructive consequences. The essay proposes that linguistic norms in law schools can be refashioned through pedagogical innovations …

Mascaras, Trenzas, Y Grenas: Un/Masking The Self While Un/Braiding Latina Stories With Legal Discourse, Margaret E. Montoya

Faculty Scholarship

This article uses Critical Race Theory methodologies, such as autobiographical narratives, and analytical approaches, such as critical pedagogy. Using personal narrative, this Article examines the various masks ("mascaras") used to control how people respond to us and the important role such masks play in the subordination of Outsiders. The first part of the Article tells stories; the second part of the Article unbraids the stories to reveal an imbedded message: that Outsider storytelling is a discursive technique for resisting cultural and linguistic domination through personal and collective redefinition. The Article explores how transculturation creates new options for expression, personal identity, …

American Indian Law And History: Instructional Mirrors, Gloria Valencia-Weber

Faculty Scholarship

This article is an expanison of a presentation delivered on January 8, 1993 at the Association of American Law Schools annual meeting. The author presents her interdisciplinary approach to teaching a course on Native American Rights.

Defining Legal Writing: An Empirical Analysis Of The Legal Memorandum, Frederick M. Hart, Hunter M. Breland

Faculty Scholarship

This report examines legal writing as it is represented in legal memoranda prepared by first-semester law students in twelve different law schools. It is based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at Educational Testing Service, and two legal consultants. A taxonomy of the elements of the legal memorandum was developed from annotations and written and tape-recorded commentaries on 237 legal memoranda written by the law students. Ratings of the overall quality and of the importance of specific elements of the legal memoranda were conducted on multiple occasions by different judges. …

The American Constitutional Tradition Revisited: Preliminary Observations On State Constitution-Making In The Nineteenth Century West, Christian G. Fritz

Faculty Scholarship

The debates of nine western constitutional conventions between 1849 and 1889 provide considerable evidence that the focus on the Federal constitution as the exemplar of American constitutionalism and constitution-making is misplaced. These conventions took place in seven states: California (1849 and 1878), Oregon (1857), Nevada (1864), South Dakota (1885 and 1889), Wyoming (1889), Idaho (1889), and North Dakota (1889). The debates of those conventions offer insight into how and why state constitutions became much longer than the Federal constitution, the perceived benefits of recurring constitutional revision, and Americans creativity in constitutional borrowing in the formation of state constitutions. The growing …

Making A Wrong Thing Right: Ending The "Spread" Of Reclamation Project Water, Reed D. Benson, Kimberley J. Priestley

Faculty Scholarship

In the Pacific Northwest, especially east of the Cascade Range, water is a limited and precious resource. Diversions of water for out-of-stream uses regularly dry up certain reaches of many rivers and streams. Such diversions provide water for municipalities, industrial users, and farmers who irrigate millions of acres in Idaho, Oregon, and Washington. Diversions also harm fish and wildlife (including threatened and endangered salmon stocks), impair recreational uses of affected waterways, and degrade water quality.

Against Marriage, Steven K. Homer

Faculty Scholarship

What is marriage? In the debate surrounding same-sex marriage, the central term has gone undefined. Using the Hawaii Supreme Court's decision in Baehr v. Lewin as a starting point, this Note argues that marriage lacks legal as well as experiential coherence. A series of legal and social moves intended, on the one hand, to preserve the dominance of heterosexuality over gays and lesbians and, on the other, to allow, heterosexuals to escape the dominance of heterosexuality over themselves, has left little conceptual space for marriage. That is, to speak of "extending marriage" to same-sex couples creates the illusion that marriage …