University of Massachusetts Boston
Seattle University School of Law
University of Oklahoma College of Law
University of South Dakota School of Law
University of Saskatchewan
William & Mary Law School
Friends Of Animals V. United States Fish & Wildlife Service,
2018
Alexander Blewett III School of Law at the University of Montana
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Public Land & Resources Law Review
In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit ...
Public Employees For Environmental Responsibility V. United States Epa,
2018
Alexander Blewett III School of Law at the University of Montana
Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains
Public Land & Resources Law Review
Prior to 2016, the EPA acknowledged that human activities significantly contribute to climate change. However, on March 9, 2017, EPA Administrator Scott Pruitt announced that significant debate regarding the issue remained in the scientific community. In response to these statements, a nonprofit organization filed a FOIA request with the EPA seeking any documents or records Pruitt may have used when formulating his statements or substantiating his position. The EPA refused to comply with the request, citing undue burden and improper interrogation and this action followed. Upon review, the District Court for the District of Columbia found the plaintiff’s FOIA ...
Upper Skagit Indian Tribe V. Lundgren,
2018
Alexander Blewett III School of Law at the University of Montana
Upper Skagit Indian Tribe V. Lundgren, Brett Berntsen
Public Land & Resources Law Review
Stemming from a property dispute between a private landowner and the Upper Skagit Indian Tribe, this action evolved into a debate concerning the scope of tribal sovereign immunity and whether Indian tribes should be bound by certain common law doctrines applicable to most other sovereigns. The Washington Supreme Court originally ruled against the Tribe, citing County of Yakima v. Confederated Tribes and Bands of Yakima Nation in holding that sovereign immunity does not apply to in rem actions. The United States Supreme Court granted certiorari to clarify that its ruling in Yakima did not support such a proposition. The case ...
Upstate Citizens For Equality, Inc. V. United States,
2018
Alexander Blewett III School of Law at the University of Montana
Upstate Citizens For Equality, Inc. V. United States, Kirsa Shelkey
Public Land & Resources Law Review
The Indian Reorganization Act of 1935 is the proper avenue for Tribes pursuing restoration of their historic trust lands. The Oneida Indian Nation of New York long sought to reassert tribal jurisdiction over its historic homeland in Central New York. These efforts were largely unsuccessful until 2008 when the United States took 13,000 acres of this historic homeland into trust on behalf of the Tribe under the Indian Reorganization Act. This case affirms the federal government’s plenary powers over Indian Tribes, and that neither state sovereignty principles, nor the Enclave Clause upset that authority.
The Seminole Water Rights Compact And The Seminole Indian Land Claims Settlement Act Of 1987,
2018
Florida State University College of Law
The Seminole Water Rights Compact And The Seminole Indian Land Claims Settlement Act Of 1987, Jim Shore, Jerry C. Straus
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
An Indian Site-Specific Religious Claim Again Trips Over Judeo-Christian Stumbling Blocks (Lyng V. Northwest Indian Cemetery Protective Association, 108 S. Ct. 1319 (1988)).,
2018
Florida State University College of Law
An Indian Site-Specific Religious Claim Again Trips Over Judeo-Christian Stumbling Blocks (Lyng V. Northwest Indian Cemetery Protective Association, 108 S. Ct. 1319 (1988))., Anita Clark Pryor, Gypsy Cowherd Bailey
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Bald Eagle, The Florida Panther And The Nation's Word: An Essay On The "Quiet" Abrogation Of Indian Treaties And The Proper Reading Of United States V. Dion,
2018
University of Arkansas School of Law
The Bald Eagle, The Florida Panther And The Nation's Word: An Essay On The "Quiet" Abrogation Of Indian Treaties And The Proper Reading Of United States V. Dion, Robert Laurence
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Indian Fishing Rights: A Lost Opportunity For Ecosystem Management,
2018
University of Tulsa College of Law
Indian Fishing Rights: A Lost Opportunity For Ecosystem Management, Martin H. Belsky
Florida State University Journal of Land Use and Environmental Law
This Article targets the problem of depletion of salmon and steelhead fisheries in the Northwest United States. The Article provides a brief overview of the Sohappy v. Smith and United States v. Washington decisions, which promoted regulation and conservation of these fisheries. Next, the Article discusses the Ecosystem Management Model, which these courts declined to adopt. Additionally, a description of the legislative measures taken in response to these two cases is provided. The Article concludes that adoption of an ecosystem management approach to fisheries management is essential to the future well-being of the fisheries in the Northwest United States.
Commercial Hazardous Waste Projects In Indian Country: An Opportunity For Tribal Economic Development Through Land Use Planning,
2018
Florida State University College of Law
Commercial Hazardous Waste Projects In Indian Country: An Opportunity For Tribal Economic Development Through Land Use Planning, Robert Sitkowski
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Chapter 8: Indigenous Belonging: Membership And Identity In The Undrip: Articles 9, 33, 35, And 36,
2018
Osgoode Hall Law School of York University
Chapter 8: Indigenous Belonging: Membership And Identity In The Undrip: Articles 9, 33, 35, And 36, Shin Imai, Kathryn Gunn
Shin Imai
The recognition of Indigenous peoples' right to determine their own membership is crucial for their ability to meaningfully exercise their right to self-determination. The Declaration addresses rights of membership directly in Article 9 (right to belong), 33 (right to determine membership), 35 (right to determine responsibilities of members), and 36 (right to maintain relations across borders). Together, these provisions reinforce the right of Indigenous peoples to define themselves, both in terms of membership and geographic scope.
A View From American Courts: The Year In Indian Law 2017,
2018
Seattle University School of Law
A View From American Courts: The Year In Indian Law 2017, Grant Christensen
Seattle University Law Review
This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area ...
The State, The Tribe, And The Ugly: The Ninth Circuit Stakes A Bad Claim On Indian Land For Tribal Civil Jurisdiction Over Nonmembers In Window Rock Unified School District V. Reeves,
2018
Villanova University Charles Widger School of Law
The State, The Tribe, And The Ugly: The Ninth Circuit Stakes A Bad Claim On Indian Land For Tribal Civil Jurisdiction Over Nonmembers In Window Rock Unified School District V. Reeves, Tyler L. Murphy
Villanova Law Review
No abstract provided.
Indian Nations And The Constitution,
2018
University of Maine School of Law
Indian Nations And The Constitution, Joseph William Singer
Maine Law Review
This Constitution Day speech focuses on how the Constitution has been interpreted both to protect and to undermine the sovereignty of Indian nations. The good news is that both the text of the Constitution and the practice of the United States have recognized Indian nations as sovereigns who pre-existed the creation of the United States and who retain their inherent original sovereignty. The bad news is that the Constitution has often been interpreted by the Supreme Court to deny Indian nations protection for their property rights and their sovereignty. Most Americans are not aware of the history of interactions between ...
Indian Child Welfare Act Annual Case Law Update And Commentary,
2018
Michigan State University College of Law
Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith
American Indian Law Journal
There are, on average, 200 appellate cases addressing the Indian Child Welfare Act (ICWA) annually—though this number includes published and unpublished opinions. There are usually around thirty reported state appellate court cases involving ICWA issues every year. There has never been a systematic look at the cases on appeal including an analysis of who is appealing, what the primary issues are on appeal, and what trends are present. This article seeks to fill that void.
This article provides a comprehensive catalog of published ICWA jurisprudence from across all fifty states in 2017. Designed as a quick reference for the ...
I See You - A Story From The Haudenosaunee,
2018
Columbia Riverkeeper
I See You - A Story From The Haudenosaunee, Simone Anter J.D.
American Indian Law Journal
A young Apache woman sits on a bench outside of her university classroom; next to her is a stack of law books. She has just come from the first day of her first-year property class, where the professor lectured about the origins of property law devoid of any mention of Native people. As she sits she notices an individual walking along the sidewalk, towards her. This person wears a baseball hat with the Washington Redskins’ logo embellished on the front, a grotesque caricature of an “Indian.” The person’s attire includes a T-shirt featuring a skull wearing a feathered headdress ...
August 2016 - August 2017 Case Law On American Indians,
2018
Seattle University School of Law
August 2016 - August 2017 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Cdib: The Role Of The Certificate Of Degree Of Indian Blood In Defining Native American Legal Identity,
2018
Navajo Nation Department of Justice
Cdib: The Role Of The Certificate Of Degree Of Indian Blood In Defining Native American Legal Identity, Paul Spruhan
American Indian Law Journal
No abstract provided.
Tribal Exclusion Authority: Its Sovereign Basis With Recommendations For Federal Support,
2018
Seattle University School of Law
Tribal Exclusion Authority: Its Sovereign Basis With Recommendations For Federal Support, Jeremy Wood
American Indian Law Journal
No abstract provided.
Native American Rights & Adoption By Non-Indian Families: The Manipulation And Distortion Of Public Opinion To Overthrow Icwa,
2018
Seattle University School of Law
Native American Rights & Adoption By Non-Indian Families: The Manipulation And Distortion Of Public Opinion To Overthrow Icwa, Harman Bual
American Indian Law Journal
No abstract provided.
Congressional Power And Sovereignty In Indian Affairs,
2018
SJ Quinney College of Law, University of Utah
Congressional Power And Sovereignty In Indian Affairs, Michalyn Steele
Utah Law Review
The doctrine of inherent tribal sovereignty—that tribes retain aboriginal sovereign governing power over people and territory—is under perpetual assault. Despite two centuries of precedential foundation, the doctrine must be defended afresh with each attack. Opponents of the doctrine of tribal sovereignty express skepticism of the doctrine, suggesting that tribal sovereignty is a nullity because it is not unfettered. Some pay lip service to the doctrine while undermining tribes in their exercise of inherent sovereignty. Underlying many of these legal fights is confusion about both the nature of tribal sovereignty and the justifications for its continuing existence. Under current ...
