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Series

1997

Indian and Aboriginal Law

Institution
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Articles 1 - 30 of 35

Full-Text Articles in Law

Confederated Tribes Of The Warm Springs Reservation Water Rights Settlement Agreement, Confederated Tribes Of The Warm Springs Reservation Et Al Nov 1997

Confederated Tribes Of The Warm Springs Reservation Water Rights Settlement Agreement, Confederated Tribes Of The Warm Springs Reservation Et Al

Native American Water Rights Settlement Project

Reservation, and long-term cooperative management of the waters. The Tribes shall not convert any existing non-consumptive use to a consumptive use. The Agreement designates the amounts of instream flows and diverted water for the Tribes. The Tribes have the first priority for their Tribal Reserved Water Right; however, existing State law water rights will not be curtailed in favor of the Tribal Reserved water right. The water right may be obtained from surface or groundwater. A part of the Tribal Reserved Water Right may be used off reservation, subject to federal, state and Tribal Law. While used on Reservation the ...


Order Granting Motion For Extension, Harold H. Greene Oct 1997

Order Granting Motion For Extension, Harold H. Greene

Sandia Pueblo Mountain Claim

No abstract provided.


Plaintiff's Response To Bernalillo County's Proposed Uncontroverted Facts, Peter T. Grossi Jr. Oct 1997

Plaintiff's Response To Bernalillo County's Proposed Uncontroverted Facts, Peter T. Grossi Jr.

Sandia Pueblo Mountain Claim

No abstract provided.


Plaintiff's Reply To Intervenor-Defendants' Memorandum In Opposition To Plaintiff's Motion For Summary Judgment, And Plaintiff's Response To Intervenor-Defendants' Cross-Motion For Summary Judgment, Peter T. Grossi Jr. Oct 1997

Plaintiff's Reply To Intervenor-Defendants' Memorandum In Opposition To Plaintiff's Motion For Summary Judgment, And Plaintiff's Response To Intervenor-Defendants' Cross-Motion For Summary Judgment, Peter T. Grossi Jr.

Sandia Pueblo Mountain Claim

No abstract provided.


Resource Law Notes Newsletter, No. 41, Fall Issue, Aug. 1997, University Of Colorado Boulder. Natural Resources Law Center Oct 1997

Resource Law Notes Newsletter, No. 41, Fall Issue, Aug. 1997, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Indian Tribes And The Legal System, Ralph W. Johnson Oct 1997

Indian Tribes And The Legal System, Ralph W. Johnson

Articles

This article surveys the past and present role of lawyers in the field of Indian law, from the absence of attorneys in early treaty negotiations through the formative role lawyers played in developing the federal trust relationship, to their modem role as "legal warriors" for the increasingly independent, autonomous tribes of today. To understand all the changes now occurring in Indian law, a review of the background is helpful. What follows is a synopsis of the significant events in Indian history, focusing on how the U.S. government initially treated Indians and the role the legal profession played in this ...


Dedication To Professor Ralph W. Johnson, David H. Getches Oct 1997

Dedication To Professor Ralph W. Johnson, David H. Getches

Articles

This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread ...


Intervenor-Defendant Bernalillo County's Memorandum In Opposition To Plaintiff's Motion For Summary Judgment And In Support Of County's Cross-Motion For Summary Judgment, Thomas R. Bartman, Carol E. Dinkins Sep 1997

Intervenor-Defendant Bernalillo County's Memorandum In Opposition To Plaintiff's Motion For Summary Judgment And In Support Of County's Cross-Motion For Summary Judgment, Thomas R. Bartman, Carol E. Dinkins

Sandia Pueblo Mountain Claim

Intervenor-defendant Bernalillo County, New Mexico states its opposition to the Motion for Summary Judgment of Plaintiff Pueblo of Sandia (filed June 26, 1996) and joins in with and adopts the United States' Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment (filed June 27, 1997). Further, Defendant Bernalillo County moves the Court to grant it summary judgment on the same grounds on which it opposes Plaintiff's Summary Judgment Motion.


Bernalillo's County's Cross-Motion For Summary Judgment, Thomas R. Bartman, Carol E. Dinkins Sep 1997

Bernalillo's County's Cross-Motion For Summary Judgment, Thomas R. Bartman, Carol E. Dinkins

Sandia Pueblo Mountain Claim

Defendant-Intervenor Bernalillo County, New Mexico adopts this cross-motion in support of the Federal Defendants' Cross-motion for Summary Judgment and Memorandum in Support (filed June 27, 1997). As set out in the Federal Defendants Memorandum in Support, the administrative record demonstrates that Secretary Hodel's decision not to grant the Pueblo's claim was fully supported by the record and was neither arbitrary nor capricious, and that Secretary Babbitt's inaction on the Pueblo's claim does not constitute reviewable final agency action and/or was not arbitrary and capricious.


Plaintiff's Reply To Defendants' Memorandum In Opposition To Plaintiff's Motion For Summary Judgment, And Plaintiff's Response To Defendants' Cross-Motion For Summary Judgment, Peter T. Grossi Jr. Aug 1997

Plaintiff's Reply To Defendants' Memorandum In Opposition To Plaintiff's Motion For Summary Judgment, And Plaintiff's Response To Defendants' Cross-Motion For Summary Judgment, Peter T. Grossi Jr.

Sandia Pueblo Mountain Claim

No abstract provided.


Federal Defendants' Statement Of Genuine Issues In Response To Plaintiff's Statement Of Undisputed Facts, Andrew M. Eschen Jun 1997

Federal Defendants' Statement Of Genuine Issues In Response To Plaintiff's Statement Of Undisputed Facts, Andrew M. Eschen

Sandia Pueblo Mountain Claim

No abstract provided.


San Carlos Apache Tribe Amendments To Act Of 1992, 1997 Amendment To The San Carlos Apache Tribe Water Rights Settlement, 105th Congress Jun 1997

San Carlos Apache Tribe Amendments To Act Of 1992, 1997 Amendment To The San Carlos Apache Tribe Water Rights Settlement, 105th Congress

Native American Water Rights Settlement Project

Federal Legislation: Department of the Interior, General Provisions - San Carlos Apache Tribe Amendments to Act of 1992, Chapter 5 of Emergency Supplemental Appropriations For Recovery From Natural Disasters, And For Overseas Peacekeeping Efforts, Including Those In Bosnia, PL 105-18, 111 Stat. 158, 181-187 (Jun. 12, 1997). Parties: US & San Carlos Apache Tribe. 1992 Settlement Act amended 3711 to move deadline to Mar. 31, 1999 & effect on deadline of submission of a proposed Settlement Agreement to Gila Adjudication court; and addition of certain parties & definitions to the 1992 Settlement Agreement. The provisions address the transfer of the Black River facilities, including power lines from Phelps Dodge to the Tribe, payments to the Tribe for the use of the facilities and the training of tribal members in the operation of the facilities ...


Rocky Boy's Indian Reservation Compact, Mt, Chippewa-Cree Tribe Apr 1997

Rocky Boy's Indian Reservation Compact, Mt, Chippewa-Cree Tribe

Native American Water Rights Settlement Project

Settlement - State Legislation: There is no stand alone settlement agreement: Water Rights Compact - MT, Chippewa-Cree Tribe of Rocky Boy's Reservation & US of 1997 (MCA 85-20-601) This Compact arose out of a MT state court water rights adjudication. It serves both as settlement agreement and state legislation. The Compact sets forth the Tribe’s rights and involve Stoneman Reservoir, East Fork Reservoir, Gravel Coulee, Lower Big Sandy Creek, Ancestral Missouri River Channel Aquifer, Box Elder Creek, Beaver Creek, Camp Creek, Duck Creek, Gorman Creek, Lake Elwell, Bonneau Reservoir, Brown’s Reservoir, and new impoundments. It identifies rights in groundwater and direct flow water as well as storage rights and rights to waters originating on the Reservation. The Compact identifies purposes of use including irrigation, stock watering, evaporation, fish and wildlife enhancement, domestic, municipal, and other non-irrigation uses. The Compact addresses some limitations on any change of use or place of use. It addresses water rights on newly acquired lands and state law water rights. It provides for use of some water off Reservation. The Compact provides for tribal administration of its water on and off the Reservation, including leasing; the creation of a Tribal Water Resources Department and the creation of a Tribal water code. The water will be administered by the DOI Secretary until a code is adopted. The Compact provides for application of MT law and Tribal permits in the case of off-reservations use, change in use or transfer of a Tribal water right and provides for reporting. It places limits on new Tribal groundwater development and addresses reservoir operations. A Chippewa-Cree-MT Compact Board created to ...


Resource Law Notes Newsletter, No. 40, Spring Issue, Apr. 1997, University Of Colorado Boulder. Natural Resources Law Center Apr 1997

Resource Law Notes Newsletter, No. 40, Spring Issue, Apr. 1997, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Order Granting Motion To Intervene, Harold H. Greene Feb 1997

Order Granting Motion To Intervene, Harold H. Greene

Sandia Pueblo Mountain Claim

No abstract provided.


Stipulation For Enlargement Of Time To Answer Complaint, Andrew M. Eschen Feb 1997

Stipulation For Enlargement Of Time To Answer Complaint, Andrew M. Eschen

Sandia Pueblo Mountain Claim

No abstract provided.


Justifying Repatriation Of Native American Cultural Property, Sarah K. Harding Feb 1997

Justifying Repatriation Of Native American Cultural Property, Sarah K. Harding

All Faculty Scholarship

No abstract provided.


Resource Law Notes Newsletter, No. 39, Winter Issue, Feb. 1997, University Of Colorado Boulder. Natural Resources Law Center Jan 1997

Resource Law Notes Newsletter, No. 39, Winter Issue, Feb. 1997, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Of Cold Steel And Blueprints: Musings Of An Old Country Lawyer On Crime, Jurisprudence, And The Tribal Attorney's Role In Developing Tribal Sovereignty, G. William Rice Jan 1997

Of Cold Steel And Blueprints: Musings Of An Old Country Lawyer On Crime, Jurisprudence, And The Tribal Attorney's Role In Developing Tribal Sovereignty, G. William Rice

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Listen, Matthew L.M. Fletcher Jan 1997

Listen, Matthew L.M. Fletcher

Faculty Publications

No abstract provided.


The Curious Case Of Disappearing Federal Jurisdiction Over Federal Enforcement Of Federal Law: A Vehicle For Reassessment Of The Tribal Exhaustion/Abstention Doctrine, Blake Watson Jan 1997

The Curious Case Of Disappearing Federal Jurisdiction Over Federal Enforcement Of Federal Law: A Vehicle For Reassessment Of The Tribal Exhaustion/Abstention Doctrine, Blake Watson

School of Law Faculty Publications

This article describes the tribal exhaustion/abstention doctrine set forth in National Farmers Union Ins. Companies v. Crow Tribe, 471 U.S. 845 (1985) and Iowa Mutual Ins. Co. v. LaPlante, 480 U.S. 9 (1987).


Aboriginal Lands And Resources: An Assessment Of The Royal Commission's Recommendations, Kent Mcneil Jan 1997

Aboriginal Lands And Resources: An Assessment Of The Royal Commission's Recommendations, Kent Mcneil

Articles & Book Chapters

The Aboriginal peoples have been living on the land in what is now Canada and deriving their livelihood from its natural resources for thousands of years. Elder Alex Stead, at a public hearing held by the Royal Commission on Aboriginal Peoples (RCAP) in Winnipeg on April 22, 1992, put it this way: "We are so close to the land. This is my body when you see this mother earth, because I live by it. Without that water, we dry up, we die. Without food from the animals, we die, because we got to live on that. That's why I ...


Aboriginal Rights In Canada In 1996: An Overview Of The Decision Of The Supreme Court Of Canada, Kent Mcneil Jan 1997

Aboriginal Rights In Canada In 1996: An Overview Of The Decision Of The Supreme Court Of Canada, Kent Mcneil

Articles & Book Chapters

Measured by judicial decisions, 1996 was by far the most significant year for Aboriginal rights in Canada since 1990, when the Supreme Court of Canada, in R v Sparrow, first examined the effect of recognition and affirmation of Aboriginal and treaty rights in section 35(1) of the Constitution Act 1982. The Sparrow decision acknowledged that section 35(1) provides unextinguished Aboriginal rights with constitutional protection against legislative infringement, unless the infringement can be justified by a strict test, outlined below, which the Supreme Court created. However, that decision did not address the vital question of how Aboriginal rights are ...


Dedication To Professor Ralph W. Johnson, David H. Getches Jan 1997

Dedication To Professor Ralph W. Johnson, David H. Getches

Articles

No abstract provided.


The Role Of Bilateralism In Fulfilling The Federal-Tribal Relationship: The Tribal Rights-Endangered Species Secretarial Order, Charles Wilkinson Jan 1997

The Role Of Bilateralism In Fulfilling The Federal-Tribal Relationship: The Tribal Rights-Endangered Species Secretarial Order, Charles Wilkinson

Articles

No abstract provided.


Aboriginal Nations And The Canadian Nation, Shin Imai Jan 1997

Aboriginal Nations And The Canadian Nation, Shin Imai

Articles & Book Chapters

In the winter of 1763, Nipissing and Algonquin messengers were dispatched across Indian country. They carried strings of wampum and spread word of an important conference to be held at Niagara Falls. Two thousand chiefs gathered the next summer. There were Mic Mac from the east coast, Cree from the north, Iroquois from Lake Ontario, Lakota from the west—twenty-four nations in all. They were met by William Johnson, Superintendent of Indian Affairs, who presented wampum belts and gifts to negotiate a peace between the British and the First Nations.


Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya Jan 1997

Brief Of Lone Wolf, Principal Chief Of The Kiowas, To The Supreme Court Of The American Indian Nations, S. James Anaya

Articles

No abstract provided.


Dedication To Professor Ralph W. Johnson, David H. Getches Jan 1997

Dedication To Professor Ralph W. Johnson, David H. Getches

Articles

This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread ...


Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches Jan 1997

Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches

Articles

No abstract provided.


After Pocahontas: Indian Women And The Law, 1830 To 1934, Bethany Berger Jan 1997

After Pocahontas: Indian Women And The Law, 1830 To 1934, Bethany Berger

Faculty Articles and Papers

The story of Pocahontas, simultaneously celebrated and contained, presents the favored path for Native American women in the newer legal culture: absorption into the Euro-American race and ultimate disappearance of the non-European element. The alternative path was reserved for women whose assimilation did not reach this level of absorption and disappearance but retained their allegiance to both the Indian and white society. Federal and state legislatures and courts marginalized such women, denied them the treaty rights accorded their male companions, and denied them stable marriages, rights of descent, and the power within the family that they had had within Indian ...