Law Commons^™

Kloker V. Fort Peck Tribes, Hallee Kansman

Public Land & Resources Law Review

Kloker v. Fort Peck Tribes investigates and deciphers the application of the Indian canons of construction to the congressional formation and establishment of the Fort Peck reservation in Montana. In general, courts interpret congressional acts creating reservations through the lens of the tribal-federal government trust relationship. Although this case examines different substantive models of legal interpretation and theories of water law, the ultimate dispute is textual in nature—questioning the plain language of the establishment legislation itself.

"At Bears Ears We Can Hear The Voices Of Our Ancestors In Every Canyon And On Every Mesa Top": The Creation Of The First Native National Monument, Charles Wilkinson

Publications

No abstract provided.

Bubbles (Or, Some Reflections On The Basic Laws Of Human Relations), Donald J. Kochan

Donald J. Kochan

Delegating Supremacy?, David S. Rubenstein

Vanderbilt Law Review

The Supreme Court has long held that federal agencies may preempt state law in much the same way as Congress: either by issuing binding administrative rules that conflict with state law or by asserting exclusive federal control over a regulatory domain. Under this sweeping conception of the Supremacy Clause, agencies wield an extraordinary power in our federalist system. Specifically, agencies may displace the laws of all fifty states without the political and procedural safeguards inhering in the legislative process. The administrative-preemption power rests on the undertheorized doctrinal assumption that Congress may, in effect, "delegate supremacy" to agencies.

This Article challenges …

The Shifting Border Of Immigration Regulation, Ayelet Shachar

Michigan Journal of International Law

While American immigration law is still largely informed by the doctrine of plenary power, which holds that "[a]dmission to the United States is a privilege granted by the sovereign" (as the Supreme Court asserted in Knauff more than fifty years ago), what has dramatically changed in recent years is the location of "our gates," which no longer stand at the country's territorial edges. Instead, the border itself has become a moving barrier, a legal construct that is not tightly fixed to territorial benchmarks. This shifting border of immigration regulation, as we might call it, is selectively utilized by national …

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …

External Development: Turning Problems Into Opportunities, T. Destry Jarvis

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

9 pages.

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …

Meeting Colorado’S Water Requirements: An Overview Of The Issues, David H. Getches

Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)

43 pages (includes tables and map).

Includes 3 pages of footnotes.