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2006

Indian and Aboriginal Law

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Articles 1 - 30 of 58

Full-Text Articles in Law

Shoshone-Paiute Tribes Decree For Water In Snake River Basin In Idaho, Fifth Judicial District Court, Twin Falls County, Idaho Dec 2006

Shoshone-Paiute Tribes Decree For Water In Snake River Basin In Idaho, Fifth Judicial District Court, Twin Falls County, Idaho

Native American Water Rights Settlement Project

Revised Consent Decree: Parties: Shoshone-Paiute Tribes, Idaho, United States, J.R. Simplot Company, Riddle Ranches. Duck Valley Reservation Contents: 1. Procedural History, Offer of Judgment. p.1; 2. Entry of Partial Final Decrees for Federal Reserved Water Rights. p.2; 3. Remaining Water Right Claims Disallowed, p.3; 4. Withdrawal of United States’ Objections to Riddle Ranch p.3; 5. Administration of Water Rights including tribal water code, p.3; 6. Waivers and Releases p.3; 7. No Establishment of Precedent, p.4; 8. Resolution and Finality, p.5; 9. Costs and Fees, p. 5; Attachment A, Consumptive Claim Numbers ...


Fort Mcdowell Indian Community Water Rights Settlement Revision Act Of 2006, United States 109th Congress Nov 2006

Fort Mcdowell Indian Community Water Rights Settlement Revision Act Of 2006, United States 109th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort McDowell Indian Community Water Rights Settlement Revision Act of 2006 (PL 109-373, 120 Stat. 2650) This Act cancels the repayment obligation of the tribe under PL 101-628 and relieves the DOI secretary of its obligation to obtain mitigation property or develop additional farm acreage under the Act. [Source: http://www.gpo.gov/fdsys/pkg/STATUTE-120/pdf/STATUTE-120-Pg2650.pdf]


Shooting The Messenger, Richard Delgado Oct 2006

Shooting The Messenger, Richard Delgado

University of Pittsburgh School of Law Working Paper Series

This essay reviews Ward Churchill’s "On the Justice of Roosting Chickens: Reflections on the Consequences of U.S. Imperial Arrogance and Criminality" (2003).

One of the most talked about — but least read — books of recent years, "On the Justice of Roosting Chickens" documents a long history of U.S. wars, invasions, and violations of international law on the way to concluding that when the terrible events of 9/11 took place, the U.S. deserved and should have expected retribution. In popular language, we "had it coming."

As the reader may recall, when Hamilton College rescinded Churchill’s invitation ...


Agenda: Celebrating The Centennial Of The Antiquities Act, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West Oct 2006

Agenda: Celebrating The Centennial Of The Antiquities Act, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West

Celebrating the Centennial of the Antiquities Act (October 9)

For 100 years, the Antiquities Act has been used by nearly every President in the 20th century to set aside and protect lands threatened with privatization and development. The list of lands first protected under the Antiquities Act – and that might never have been protected without it – is truly remarkable. Many of our most treasured national parks including the Grand Canyon, Olympic, Zion, Arches, Glacier Bay, and Acadia, began as national monuments. All told, Presidents have issued 123 proclamations setting aside millions of acres of land under the Antiquities Act.

The Natural Resources Law Center and the Center of the ...


Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband Oct 2006

Slides: The Centennial Of The Antiquities Act: A Cause For Celebration?, James R. Rasband

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor James R. Rasband, Brigham Young University School of Law

20 slides


Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace Oct 2006

Slides: The Monumental Legacy Of The Antiquities Act Of 1906: The Rainbow Bridge National Monument In Context, Mark Squillace

Celebrating the Centennial of the Antiquities Act (October 9)

Presenter: Professor Mark Squillace, Director, Natural Resources Law Center, University of Colorado School of Law

35 slides


Notes On The Antiquities Act And Alaska, John Freemuth Oct 2006

Notes On The Antiquities Act And Alaska, John Freemuth

Celebrating the Centennial of the Antiquities Act (October 9)

2 pages.


The Road To The Antiquities Act And Basic Preservation Policies It Established, Francis P. Mcmanamon Oct 2006

The Road To The Antiquities Act And Basic Preservation Policies It Established, Francis P. Mcmanamon

Celebrating the Centennial of the Antiquities Act (October 9)

3 pages.


Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband Oct 2006

Antiquities Act Monuments: The Elgin Marbles Of Our Public Lands?, James R. Rasband

Celebrating the Centennial of the Antiquities Act (October 9)

13 pages.

Includes bibliographical references


Amendment No. 1 To The Amended And Restated Gila River Indian Community Water Rights Settlement Agreement (2006), Gila River Indian Community, Et Al Sep 2006

Amendment No. 1 To The Amended And Restated Gila River Indian Community Water Rights Settlement Agreement (2006), Gila River Indian Community, Et Al

Native American Water Rights Settlement Project

No abstract provided.


Soboba Band Of Luiseño Indians Settlement Agreement, Soboba Band Of Luiseño Indians Et Al Jun 2006

Soboba Band Of Luiseño Indians Settlement Agreement, Soboba Band Of Luiseño Indians Et Al

Native American Water Rights Settlement Project

Settlement Agreement: Soboba Band of Luiseño Indians Settlement Agreement of June 7, 2006, (final signatures Oct. 18, 2008) Parties: Soboba Band of Luiseño Indians, US, Eastern Municipal Water District, Lake Hemet Municipal Water District and Metropolitan Water District of Southern California. The Tribe is entitled to 9K acre-feet annually (afy) as a prior and paramount right. The districts agree to supply the Tribe water to the extent that it is not able to produce that amount. However, the Tribe agrees to limit its exercise of the right to 4,100 afy for 50 years. The Tribe may use water made ...


Implicit Divestiture Reconsidered: Outtakes From The Cohen's Handbook Cutting-Room Floor, John Lavelle May 2006

Implicit Divestiture Reconsidered: Outtakes From The Cohen's Handbook Cutting-Room Floor, John Lavelle

Faculty Scholarship

The most dramatic development in the field of Indian law during the years between publication of the 1982 and 2005 editions of Cohen's Handbook of Federal Indian Law has been the Supreme Court's reliance on a judicially devised theory for denying the inherent sovereign governing authority of Indian nations in cases where Congress has not acted to divest tribes of this authority. The executive committee of the board of authors and editors for the 2005 revision of Cohen's Handbook recognized the importance of discussing this recent line of cases in-depth and entrusted me with the task of ...


Chickasaw Nation: Interpreting A Broken Statute, Erik M. Jensen Feb 2006

Chickasaw Nation: Interpreting A Broken Statute, Erik M. Jensen

Faculty Publications

This report discusses the Supreme Court's 2001 decision in Chickasaw Nation v. United States, in which the Supreme Court interpreted a provision of the Indian Gaming Regulatory Act that contained contradictory phrases - one suggesting that Indian tribes were exempt from some occupational and excise taxes and one suggesting the contrary. The statute on its face made no sense, and the legislative history was of little help in resolving the ambiguity. Although the statute was clearly broken, the Court concluded that no ambiguity existed and that Congress did not intend to exempt tribes from those various wagering taxes. The author ...


American Indian Tribes And Secession, Erik M. Jensen Jan 2006

American Indian Tribes And Secession, Erik M. Jensen

Faculty Publications

Critics of American Indian law have often complained about federal interference in the internal affairs of American Indian nations. The author ponders how independent the critics really want American Indian nations to be and whether secession theory might help us think about the theory and practice of really independent American Indian nations.


Monroe G. Mckay And American Indian Law: In Honor Of Judge Mckay’S Tenth Anniversary On The Federal Bench, Erik M. Jensen Jan 2006

Monroe G. Mckay And American Indian Law: In Honor Of Judge Mckay’S Tenth Anniversary On The Federal Bench, Erik M. Jensen

Faculty Publications

This essay, written in honor of Judge Monroe G. McKay's tenth anniversary as a member of the United States Court of Appeals for the Tenth Circuit, considers the difficulty of justifying a separatist policy for the American Indian; examines the opinions authored by Judge McKay in American Indian law cases; and discusses the McKay opinions and the issue of separation.


Fallon Paiute Shoshone Tribes Settlement Act Of 2006, United States 109th Congress Jan 2006

Fallon Paiute Shoshone Tribes Settlement Act Of 2006, United States 109th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fallon Paiute Shoshone Tribes Settlement Act of 2006 in Native American Technical Corrections Act of 2006 (PL 109-221, Sec. 104, 120 Stat. 336) This Act amends Sec. 102 of the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990. The amendment concerns restructuring of management of Fallon Paiute Shoshone Tribes Settlement Fund. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-109publ221/pdf/PLAW-109publ221.pdf]


Some Legal Considerations Concerning Saami Rights In Saltwater, Elisabeth Einarsbøl Jan 2006

Some Legal Considerations Concerning Saami Rights In Saltwater, Elisabeth Einarsbøl

Aboriginal Policy Research Consortium International (APRCi)

The rights of the coastal Saami form the focus for this paper, which has been written by one of the advisers at the GÁLDU Resource Centre for the Rights of Indigenous Peoples. It explores the views on the rights of the coastal Saami that prevail today in the light of earlier perceptions and practices within sea fishing. The challenge is to attempt to say something about what this development entails in purely legal terms. The paper is one of the first to seek to provide an overview of what has been done with regard to surveys and research in ...


Looking To The East: The Stories Of Modern Indian People And The Development Of Tribal Law, Matthew L.M. Fletcher Jan 2006

Looking To The East: The Stories Of Modern Indian People And The Development Of Tribal Law, Matthew L.M. Fletcher

Faculty Publications

No abstract provided.


Indian Treaties And The Survival Of The Great Lakes, Wenona T. Singel, Matthew L.M. Fletcher Jan 2006

Indian Treaties And The Survival Of The Great Lakes, Wenona T. Singel, Matthew L.M. Fletcher

Faculty Publications

No abstract provided.


Politics, History, And Semantics: The Federal Recognition Of Indian Tribes, Matthew L.M. Fletcher Jan 2006

Politics, History, And Semantics: The Federal Recognition Of Indian Tribes, Matthew L.M. Fletcher

Faculty Publications

No abstract provided.


The Interests Of "Peoples" In The Cooperative Management Of Sacred Sites, Kristen A. Carpenter Jan 2006

The Interests Of "Peoples" In The Cooperative Management Of Sacred Sites, Kristen A. Carpenter

Articles

This essay contends that there is a structural element of federal law and policy that sets up legal battles over American Indian sacred sites. The Supreme Court has held that whatever rights groups may have at sacred sites, the federal government's rights as owner and sovereign of the public lands ultimately prevails. Federal agencies can, if they choose, accommodate various interests on the public lands, but such decisions are left to fluctuating executive policy and the discretion of land managers. This approach reflects well-established doctrine in public lands law, but leaves various citizens and groups clamoring for the federal ...


"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson Jan 2006

"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson

Articles

No abstract provided.


Can A State Tax The Fuel That Is Sold By Non-Indian Distributors To A Tribal Gas Station, Bethany Berger Jan 2006

Can A State Tax The Fuel That Is Sold By Non-Indian Distributors To A Tribal Gas Station, Bethany Berger

Faculty Articles and Papers

No abstract provided.


The Supreme Court And Federal Indian Policy, Matthew L.M. Fletcher Jan 2006

The Supreme Court And Federal Indian Policy, Matthew L.M. Fletcher

Faculty Publications

No abstract provided.


Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher Jan 2006

Same-Sex Marriage, Indian Tribes, And The Constitution, Matthew L.M. Fletcher

Faculty Publications

A same-sex marriage amendment, depending on the text, might serve to incorporate Indian tribes into the federal union as the third sovereign. The Constitution has not been amended to incorporate Indian tribes into the federal union, rendering their place in Our Federalism uncertain and unpredictable. A same-sex marriage amendment that applies to limit or expand tribal authority to recognize or authorize same-sex marriage could constitute an implicit recognition of Indian tribes as the third sovereign in the American system of federalism. Even an amendment that excludes mention of Indian tribes may have something to say about Indian tribes as the ...


Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya Jan 2006

Today's Indian Wars: Between Cyberspace And The United Nations, S. James Anaya

Articles

No abstract provided.


Responsibility For Historical Injustices: Reconceiving The Case For Reparations, Amy J. Sepinwall Jan 2006

Responsibility For Historical Injustices: Reconceiving The Case For Reparations, Amy J. Sepinwall

Legal Studies and Business Ethics Papers

The twentieth century ended with the vindication of many of its most mistreated victims' cries for reparation.2 Holocaust survivors retrieved over $8 billion in assets frozen in bank accounts or looted by the Nazis;3 Japanese Americans interned during World War II received compensation from the U.S. government;4 Chile compensated descendants of Pinochet's victims;5 Japan redressed Korean "comfort women"; 6 and Canada paid damages to Aboriginals for forced assimilation of their children.7 Absent from the list was the longest suffering and most visible of groups seeking repair - African Americans.8


Toward A Theory Of Intertribal And Intratribal Common Law, Matthew L.M. Fletcher Jan 2006

Toward A Theory Of Intertribal And Intratribal Common Law, Matthew L.M. Fletcher

Faculty Publications

Courts and scholars refer to the substantive common law applied by tribal courts in the United States using the monolithic term “tribal common law,” but in fact tribal common law can and should be subdivided into two major categories of law – “intertribal common law” and “intratribal common law.” “Intertribal common law” is the common law applied by tribal courts to cases arising out of Anglo-American legal constructs, such as employment contracts or housing leases. “Intratribal common law” is the common law applied by tribal courts to cases arising out of indigenous legal constructs, such as family and inheritance rules or ...


Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser Jan 2006

Caution, Cooperative Agreements, And The Actual State Of Things: A Reply To Professor Fletcher, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

This short article argues that tribal governments considering entering into cooperative agreements with federal, state, or local governments ought to maintain a healthy skepticism regarding the non-tribal governments sitting across from them at the negotiating table and the appropriateness of entering into cooperative agreements.


Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser Jan 2006

Rural Housing And Code Enforcement: Navigating Between Values And Housing Types, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

This paper focuses on the relationship between rural housing and building codes. The paper covers the relationship between the existing urban based literature on housing conditions and the rural housing situation as well as a theoretical exploration of different ways of understanding value in housing. Finally, two rural case studies - the Navajo Nation and a small Colorado subdivision - illustrate the challenges of rural housing code enforcement and demonstrate how officials could benefit from the model.