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Crow Tribe Of Indians – Montana Compact, Ariel E. Overstreet-Adkins 2015 Alexander Blewett III School of Law at the University of Montana

Crow Tribe Of Indians – Montana Compact, Ariel E. Overstreet-Adkins

Public Land and Resources Law Review

This order from the Montana Water Court approved the Crow Water Compact over objections by non-tribal water users in Montana. Although the Objectors have appealed the decision to the Montana Supreme Court, this order represents the next-to-last step in a process, started in 1979, to define and quantify the reserved water rights for current and future uses of the Crow Nation in Montana. The order provides a clear roadmap for other Montana tribes still seeking to achieve approval of a water compact by the Montana Water Court, and for objectors who would attempt to invalidate a compact in future proceedings.


Columbia River Treaty Renewal And Sovereign Tribal Authority Under The Stevens Treaty “Right-To-Fish” Clause, David A. Bell 2015 J.D. candidate 2015, University of Montana School of Law

Columbia River Treaty Renewal And Sovereign Tribal Authority Under The Stevens Treaty “Right-To-Fish” Clause, David A. Bell

Public Land and Resources Law Review

No abstract provided.


Using The New Equal Protection To Challenge Federal Control Over Tribal Lands, Alex T. Skibine 2015 University of Utah S.J. Quinney College of Law

Using The New Equal Protection To Challenge Federal Control Over Tribal Lands, Alex T. Skibine

Public Land and Resources Law Review

No abstract provided.


Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University of Colorado Boulder. Getches-Wilkinson Center for Natural Resources, Energy, and the Environment 2015 University of Colorado Law School

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.


The Indigenous As Alien, Leti Volpp 2015 UC Berkeley Law

The Indigenous As Alien, Leti Volpp

UC Irvine Law Review

No abstract provided.


And Justice For All, Someday: Indians, Alaska Natives Face Unique Obstacles, Maylinn Smith 2015 Alexander Blewett III School of Law at the University of Montana

And Justice For All, Someday: Indians, Alaska Natives Face Unique Obstacles, Maylinn Smith

Faculty Journal Articles & Other Writings

There are many conditions making access to justice more problematic for American Indians and Alaska Natives. Without adequate knowledge of tribal cultures, contemporary and historical issues impacting Indian peoples, and the laws applicable to Indian country, access to justice for American Indians and Alaska Natives can never be achieved.


Partnerships Between Aboriginal Organizations And Academics, Clément Chartier 2015 Métis National Council

Partnerships Between Aboriginal Organizations And Academics, Clément Chartier

The International Indigenous Policy Journal

The article addresses the importance of the partnership between university professors and the Métis community. The Métis are a distinct nation and people that emerged in the northwest of what is now Canada and a bit into the United States through a process of ethnogenesis. The Métis Nation expressed its nationhood and defended its territory militarily in 1870 and again in 1885. Subsequently, Canada dealt with the Métis as individuals by implementing a scrip system, which displaced the Métis from their lands. In the 1980s and 1990s, the Métis Nation, along with other Aboriginal peoples, engaged in a constitutional process ...


Mere Speculation: Overextending Carcieri V. Salizar In Big Lagoon Rancheria V. California, Christian Vareika 2015 Boston College Law School

Mere Speculation: Overextending Carcieri V. Salizar In Big Lagoon Rancheria V. California, Christian Vareika

Boston College Law Review

On January 21, 2014, in Big Lagoon Rancheria v. California, a divided panel of the U.S. Court of Appeals for the Ninth Circuit reversed the order of the U.S. District Court for the Northern District of California directing the State of California to negotiate with the Big Lagoon Rancheria toward the development of a gaming facility on the tribe’s trust lands. The issues in Big Lagoon arose from a collateral attack, long after land had been taken into trust and administrative and legal avenues to challenge that decision had expired. This Comment argues that the Ninth Circuit ...


Traditional Knowledge And Social Science On Trial: Battles Over Evidence In Indigenous Rights Litigation In Canada And Australia, Arthur J. Ray 2015 University of British Columbia

Traditional Knowledge And Social Science On Trial: Battles Over Evidence In Indigenous Rights Litigation In Canada And Australia, Arthur J. Ray

The International Indigenous Policy Journal

Traditional knowledge and oral traditions history are crucial lines of evidence in Aboriginal claims litigation and alternative forms of resolution, most notably claims commissions. This article explores the ways in which these lines of evidence pose numerous challenges in terms of how and where they can be presented, who is qualified to present it, questions about whether this evidence can stand on its own, and the problems of developing appropriate measures to protect it from inappropriate use by outsiders while not unduly restricting access by the traditional owners.


People Of The Outside: The Environmental Impact Of Federal Recognition Of American Indian Nations, Rebecca M. Mitchell 2015 Boston College Law School

People Of The Outside: The Environmental Impact Of Federal Recognition Of American Indian Nations, Rebecca M. Mitchell

Boston College Environmental Affairs Law Review

American Indians interact with land and the environment in a manner that is distinct from non-native peoples. They view natural resources as an integral part of their way of life. As a result, Indian tribes desire to implement policies and programs that will protect their natural resources. In order to receive federal assistance for these policies and programs, however, a tribe must be federally recognized. The Duwamish tribe, which resides near Seattle, Washington, is not a federally recognized tribe. Despite years of fighting for recognition, the Duwamish cannot take part in the improvement of their tribal region’s air and ...


Getches-Wilkinson Center Newsletter, Spring 2015, University of Colorado Boulder. Getches-Wilkinson Center for Natural Resources, Energy, and the Environment 2015 University of Colorado Law School

Getches-Wilkinson Center Newsletter, Spring 2015, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Traditional Knowledge Rights And Wrongs, Sean Pager 2015 Michigan State University College of Law

Traditional Knowledge Rights And Wrongs, Sean Pager

Sean Pager

Should the intangible heritage of indigenous cultures be subject to intellectual property rights? After years of effort, international delegates are poised to complete a pair of ambitious treaties that would accomplish this goal. This Article provides the first detailed analysis and critique of the draft treaties, which provide for exclusive rights in traditional knowledge and cultural expression, respectively. Proponents of such protection often invoke both cultural integrity and economic justice rationales. Yet, these rationales dictate conflicting imperatives. To resolve these conflicts, the Article argues for greater differentiation between the two draft treaties based on subject matter. Just as copyright and ...


“Wolves Have A Constitution:” Continuities In Indigenous Self-Government, Stephen Cornell 2015 University of Arizona

“Wolves Have A Constitution:” Continuities In Indigenous Self-Government, Stephen Cornell

The International Indigenous Policy Journal

This article is about constitutionalism as an Indigenous tradition. The political idea of constitutionalism is the idea that the process of governing is itself governed by a set of foundational laws or rules. There is ample evidence that Indigenous nations in North America—and in Australia and New Zealand as well—were in this sense constitutionalists. Customary law, cultural norms, and shared protocols provided well understood guidelines for key aspects of governance by shaping both personal and collective action, the behavior of leaders, decision-making, dispute resolution, and relationships with the human, material, and spirit worlds. Today, many of these nations ...


Native American Tribal Disenrollment And Heritage, Christopher Doval N. Doval, Elin L. Cortijo-Doval PhD., Don A. Anque J.D. 2015 Virginia State University

Native American Tribal Disenrollment And Heritage, Christopher Doval N. Doval, Elin L. Cortijo-Doval Phd., Don A. Anque J.D.

Christopher Doval

The exercise and power of disenrollment is a sensitive topic for Native Americans. On one hand, disenrollment is important for self-determination. Yet, on the other, the ability to strip one of their legal status as a tribal member can also be seen as racial erasure. Recently, many tribes have begun to exile tribal members for various reasons. Long-standing family feuds and greed due to gaming profits are some of the alleged reasons why disenrollment occurs. Regardless of the reasons, many disenrolled Native Americans are questioning the validity of their ousting, which also calls into question the governing powers of Native ...


Schaghticoke Tribal Nation V. Kent School Corporation Inc., Lindsey M. West 2015 University of Montana School of Law

Schaghticoke Tribal Nation V. Kent School Corporation Inc., Lindsey M. West

Public Land and Resources Law Review

The United States Court of Appeals for the Second Circuit affirmed dismissal of three consolidated actions of the Schaghticoke Tribal Nation claiming the Schaghticoke had been dispossessed of Indian land without the approval of Congress, a violation of the Nonintercourse Act. The court found the district court correctly deferred under the primary jurisdiction doctrine to the United States Department of Interior’s determination that the Schaghticoke did not qualify for tribal status. Additionally, the district court properly relied on the Department of Interior’s factual findings in holding the Schaghticoke presented insufficient evidence to establish a prima facie violation of ...


Jackson V. Payday Financial, Llc., Hannah S. Cail 2015 University of Montana School of Law

Jackson V. Payday Financial, Llc., Hannah S. Cail

Public Land and Resources Law Review

In Jackson v. Payday Financial, the Seventh Circuit Court of Appeals held loan a provision requiring arbitration in tribal court was unreasonable and substantially and procedurally unconscionable. The Court rejected Payday’s argument that the dispute belonged in tribal court, because there was no subject matter jurisdiction over Plaintiffs’ claims, and the defendants did not raise a colorable claim for tribal jurisdiction or tribal exhaustion.


Tribal Courts Part Ii: Crow, Ft. Belknap, Fort Peck And Northern Cheyenne, Cynthia Ford 2015 Alexander Blewett III School of Law at the University of Montana

Tribal Courts Part Ii: Crow, Ft. Belknap, Fort Peck And Northern Cheyenne, Cynthia Ford

Faculty Journal Articles & Other Writings

No abstract provided.


Smith V. Parker, Lindsay M. Thane 2015 University of Montana School of Law

Smith V. Parker, Lindsay M. Thane

Public Land and Resources Law Review

The Eighth Circuit Court of Appeals found that an 1882 Act of Congress did not intend to diminish the boundaries of the Omaha Indian Reservation in Nebraska. The district court’s decision was affirmed because reservation land may not be divested from the tribe absent clear congressional intent to alter the reservation’s boundaries. Because the Omaha Reservation land was not diminished, the town of Pender, Nebraska—which currently sits on Reservation land—and residents of Pender, Nebraska who are engaged in the sale of alcoholic beverages must comply with the Omaha Tribal Code’s imposition of a ten percent ...


Agenda: Seeds Of Change: Responding To Global Change In A Bottom-Up World, University of Colorado Boulder. Getches-Wilkinson Center for Natural Resources, Energy, and the Environment, University of Colorado Boulder. School of Law, Posner Center for International Development, RESOLVE (Firm), Newmont Mining Corporation 2015 University of Colorado Law School

Agenda: Seeds Of Change: Responding To Global Change In A Bottom-Up World, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law, Posner Center For International Development, Resolve (Firm), Newmont Mining Corporation

Seeds of Change: Responding to Global Change in a Bottom-Up World (Martz Winter Symposium, February 12-13)

Sponsors: Posner Center for International Development, RESOLVE, Inc., Newmont Mining Corporation, and Getches-Wilkinson Center for Natural Resources, Energy, and the Environment.

Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, Britt Banks, and Lakshman Guruswamy.

This conference is made possible through the generous support of donors who sponsored this year’s Martz Sustainability Symposium (including Newmont Mining Corporation) and those who have invested in our Clyde O. Martz Endowed Fund for Natural Resources Management (including Brian Dolan and Davis Graham and Stubbs LLP). The Martz Natural Resources Management Fund was established in the ...


Permissibility Of Colour And Racial Profiling, James Singh Gill 2015 Thompson Rivers University

Permissibility Of Colour And Racial Profiling, James Singh Gill

Western Journal of Legal Studies

Racial profiling in law enforcement is a contentious matter, particularly in light of U.S. police-citizen race tensions. The racial profiling debate has not been settled. Racial profiling proponents view it as a tool to effectively uncover criminal activity among certain racial groups. Critics find that racial profiling perpetuates racial stigmas and is largely inefficient as a policing tool. This article explores the ongoing debate and offers an overview of the Canadian judicial experience with racial profiling. The author proposes a middle-ground solution where racial profiling may be used under certain constraints imposed on law enforcement. The author suggests that ...


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