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Indian and Aboriginal Law Commons

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What Should Tribes Expect From Federal Regulations? The Bureau Of Land Management’S Fracking Rule And The Problems With Treating Indian And Federal Lands Identically, Monte Mills 2016 Alexander Blewett III School of Law at the University of Montana

What Should Tribes Expect From Federal Regulations? The Bureau Of Land Management’S Fracking Rule And The Problems With Treating Indian And Federal Lands Identically, Monte Mills

Public Land and Resources Law Review

The federal government’s various Indian policies create a number of boundaries across which Indian tribes must negotiate to ensure successful management of their natural resources. For example, the removal, reservation, and treaty-making period of the late 18th and early 19th Centuries created territorial boundaries that, for many tribes, did not align with their traditional homelands. Thereafter, allotment of many of the resulting tribal reservations decimated the tribal land base and left a checkerboard ownership pattern of land within many reservations. More recent decisions of the United States Supreme Court have limited tribal authority over the non-Indian owned squares on ...


Protecting Traditional Water Resources: Legal Options For Preserving Tribal Non-Consumptive Water Use, Julia Guarino 2016 Alexander Blewett III School of Law at the University of Montana

Protecting Traditional Water Resources: Legal Options For Preserving Tribal Non-Consumptive Water Use, Julia Guarino

Public Land and Resources Law Review

The law governing the quantification and use of tribal water rights is complex and inconsistent, creating major challenges for tribes working to gain control over and make use of their water resources. There are even greater challenges a tribe must overcome if it wishes to safeguard non- consumptive water uses not generally protected under Western water law regimes. Non-consumptive water uses include any use that does not require removing water from the natural water body. Such uses include protecting in-stream water flows for fisheries, riparian habitat, traditional plants, ceremonial uses, or recreation. There are legal tools available to tribes, however ...


“Salmon Is Culture, And Culture Is Salmon”: Reexamining The Implied Right To Habitat Protection As A Tool For Cultural And Ecological Preservation, Wesley J. Furlong 2016 Alexander Blewett III School of Law at the University of Montana

“Salmon Is Culture, And Culture Is Salmon”: Reexamining The Implied Right To Habitat Protection As A Tool For Cultural And Ecological Preservation, Wesley J. Furlong

Public Land and Resources Law Review

No abstract provided.


A Sacred Responsibility: Governing The Use Of Water And Related Resources In The International Columbia Basin Through The Prism Of Tribes And First Nations, Matthew J. McKinney, Richard Kyle Paisley, Molly Smith Stenovec 2016 Alexander Blewett III School of Law at the University of Montana

A Sacred Responsibility: Governing The Use Of Water And Related Resources In The International Columbia Basin Through The Prism Of Tribes And First Nations, Matthew J. Mckinney, Richard Kyle Paisley, Molly Smith Stenovec

Public Land and Resources Law Review

In the fall of 2012, leaders from Columbia Basin First Nations and tribes participated, along with about 150 other people, in the 4th transboundary symposium convened by the Universities Consortium on Columbia River Governance. Gathered on the shores of Flathead Lake in Polson, Montana, the participants explored the interests, rights, roles, and responsibilities of indigenous people in the international Columbia River Basin. This symposium generated two notable outcomes: first, The Columbia River Basin: A Sense of the Future—a synthesis of interests and concerns with regard to the future of the transboundary river basin as captured by the Universities Consortium ...


Abraham Lincoln And The Dakota War In Academic And Popular Literature, Larry D. Mansch 2016 University of Montana

Abraham Lincoln And The Dakota War In Academic And Popular Literature, Larry D. Mansch

Madison Historical Review

While the Civil War all but consumed Abraham Lincoln’s presidency, at least one other military matter caught his attention. The 1862 Dakota War in Minnesota resulted in the deaths of 358 white settlers, 106 United States soldiers, and 29 Dakota warriors. When the fighting ended hundreds of Indians were placed in prisoner camps, and after sham trials nearly 400 warriors were sentenced to death. Military leaders, politicians, and an enraged citizenry demanded that Lincoln order swift executions. Seeking to balance a sense of justice against the public’s insistence for revenge, Lincoln examined the trial records of each of ...


In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward 2016 Seattle University School of Law

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.


Don’T Risk It; Wait Until She’S Sober, Patrick John White 2016 Seattle University School of Law

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.


Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves 2016 Seattle University School of Law

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.


Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada 2016 Seattle University School of Law

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.


His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert 2016 Seattle University School of Law

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.


Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble 2016 Seattle University School of Law

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.


Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra 2016 Seattle University School of Law

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.


Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee 2016 Seattle University

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.


Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong 2016 Alexander Blewett III School of Law at the University of Montana

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong

Public Land and Resources Law Review

Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.


Mediating Our Future: The Role Of The Land Buy-Back Program In Rebuilding Confidence And Strengthening Trust Between Tribal Nations And The United States Government, BrieAnn West 2016 Pepperdine University

Mediating Our Future: The Role Of The Land Buy-Back Program In Rebuilding Confidence And Strengthening Trust Between Tribal Nations And The United States Government, Brieann West

Journal of the National Association of Administrative Law Judiciary

The role that government regulatory agencies like the Department of Interior, Bureau of Indian Affairs played in enforcing Native American land leasing and land rights issues has changed substantially over the past five years. Current changes include, empowering American Indian tribes to exercise autonomy over tribal land leases, and the introduction of the Land Buy-Back program. Despite these positive strides, several questions remain; including, how reuniting previously divided allotments of land and placing them in trust will impact the current trust relationship? Should tribes have more say over which fractionated land allotments receive purchase offers and how these lands will ...


Tribal Fishery Restoration On The Wind River Indian Reservation: Forging A Co-Management Agreement, Kelli Blomberg 2016 University of Wyoming

Tribal Fishery Restoration On The Wind River Indian Reservation: Forging A Co-Management Agreement, Kelli Blomberg

Haub School Plan B's

The Wind River Indian Reservation in Wyoming is a place where irrigation is essential for the agricultural success of both tribal and non-tribal residents. The tribes emphasize not only the economic importance, but also the cultural importance of healthy ecosystems on the reservation. Currently, sections of the Wind River and related water bodies are managed only for agriculture on primarily non-tribal areas, leaving fisheries populations on the reservation in an unhealthy state. The tribes tried to restore fisheries in this section of the Wind River by using part of their federal reserved right for instream flow, but they did not ...


New Approaches To Energy Development In Indian Country: The Trust Relationship And Tribal Self-Determination At (Yet Another) Crossroads, Monte Mills 2016 Alexander Blewett III School of Law at the University of Montana

New Approaches To Energy Development In Indian Country: The Trust Relationship And Tribal Self-Determination At (Yet Another) Crossroads, Monte Mills

Faculty Journal Articles & Other Writings

Energy development in Indian country exists at the crossroads of tribal self-determination and the federal government's trust responsibility. This article reviews the foundations of this crossroads, describes recent developments, and analyzes pending proposals that may enhance both tribal sovereignty and energy development in Indian country.


Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley 2016 Touro College Jacob D. Fuchsberg Law Center

Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley

Touro Law Review

No abstract provided.


Wheeler For Two, Do You Have A Reservation? The Supreme Court's Inconsistent Treatment Of Tribal Sovereignty, Fred Kantrow 2016 Touro College Jacob D. Fuchsberg Law Center

Wheeler For Two, Do You Have A Reservation? The Supreme Court's Inconsistent Treatment Of Tribal Sovereignty, Fred Kantrow

Touro Law Review

No abstract provided.


A Happier Ending For Everyone: Resolving Adoption Disputes Between Putative Fathers And Adoptive Parents Through Clinical Mediation, Tiffany Bostinelos 2016 Pepperdine University

A Happier Ending For Everyone: Resolving Adoption Disputes Between Putative Fathers And Adoptive Parents Through Clinical Mediation, Tiffany Bostinelos

Pepperdine Dispute Resolution Law Journal

This article will discuss the problems putative fathers face when their biological child is put up for adoption without their consent or knowledge. It will further argue that when a custody issue does arise between putative fathers and adoptive parents, the best way to resolve the custody dispute--and more importantly protect the best interest of the child--is through a process called clinical mediation. Finally, even if clinical mediation is not successful, this article will argue that clinical mediators should be permitted to make recommendations to the court as to the custody or visitation issues.


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