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Taxation And Doing Business In Indian Country, Erik M. Jensen 2017 University of Maine School of Law

Taxation And Doing Business In Indian Country, Erik M. Jensen

Maine Law Review

Economic development on the lands of the American Indian nations has been spotty at best. Almost everyone knows the great success stories with Indian gaming, which has been furthered by federal legislation, but those economic benefits have not been felt uniformly. Some tribes have prospered because of this peculiarly favored form of enterprise; others have not and, in many cases, probably cannot. Substantial economic development in Indian country will not occur without significant infusions of outside capital, but investment by non-Indian and nongovernmental sources is risky, or is perceived to be so, which leads to the same practical result. This ...


Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John LaVelle 2017 University of New Mexico School of Law

Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John Lavelle

John P. LaVelle

Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the ""bible"" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure. This compact publication is the only comprehensive treatise explicating ...


Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John LaVelle 2017 University of New Mexico School of Law

Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John Lavelle

Christine Zuni Cruz

Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the ""bible"" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure. This compact publication is the only comprehensive treatise explicating ...


Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John LaVelle 2017 University of New Mexico School of Law

Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John Lavelle

Gloria Valencia-Weber

Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the ""bible"" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure. This compact publication is the only comprehensive treatise explicating ...


Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John LaVelle 2017 University of New Mexico School of Law

Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John Lavelle

Barbara L Creel

Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the ""bible"" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure. This compact publication is the only comprehensive treatise explicating ...


United States V. Gila Valley Irrigation District, Ryan L. Hickey 2017 Alexander Blewett III School of Law at the University of Montana

United States V. Gila Valley Irrigation District, Ryan L. Hickey

Public Land and Resources Law Review

Attempts to alter water use agreements, especially those spanning back decades or even centuries, elicit intense scrutiny from water rights holders. In United States v. Gila Valley Irrigation Dist., the Ninth Circuit upheld application of a 1935 Decree apportioning water among various regional entities, including two Indian tribes, to bar a mineral company from transferring water rights between properties within the Gila River drainage.


The Inherent Right Of Indigenous Governance, Kent McNeil 2017 Osgoode Hall Law School of York University

The Inherent Right Of Indigenous Governance, Kent Mcneil

All Papers

I would like to start by acknowledging and thanking the Algonquin Nation, on whose unceded territory we are meeting.

When the Dominion of Canada was created in 1867 by the UK Parliament, the BNA Act gave the Parliament of Canada exclusive jurisdiction over “Indians, and Lands reserved for the Indians”. Parliament used this authority to enact the Indian Act in 1876. That statute gave the Canadian government the power to impose the band council system on First Nations without their consent.

The governance authority of First Nation band councils is therefore delegated authority – it comes from the Indian Act and ...


The Supreme Court's Last 30 Years Of Federal Indian Law: Looking For Equilibrium Or Supremacy?, Alexander Tallchief Skibine 2017 University of Utah, SJ Quinney College of Law

The Supreme Court's Last 30 Years Of Federal Indian Law: Looking For Equilibrium Or Supremacy?, Alexander Tallchief Skibine

Utah Law Faculty Scholarship

Since 1831, Indian nations have been viewed as Domestic Dependent Nations located within the geographical boundaries of the United States. Although Chief Justice John Marshall acknowledged that Indian nations had a certain amount of sovereignty, the exact extent of such sovereignty as well as the place of tribes within the federal system has remained ill-defined. This Article examines what has been the role of the Supreme Court in integrating Indian nations as the third Sovereign within our federalist system. The Article accomplishes this task by examining the Court’s Indian law record in the last 30 years. The comprehensive survey ...


Getches-Wilkinson Center Newsletter, Fall 2017, University of Colorado Boulder. Getches-Wilkinson Center for Natural Resources, Energy, and the Environment 2017 University of Colorado Law School

Getches-Wilkinson Center Newsletter, Fall 2017, 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.


Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom 2017 Alexander Blewett III School of Law at the University of Montana

Agua Caliente Band Of Cahuilla Indians V. Coachella Valley Water Dist., Rebecca Newsom

Public Land and Resources Law Review

In Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water Dist., the Ninth Circuit upheld the Tribe’s federal reserved right to the groundwater underlying its reservation. This decision enforces that the courts will not defer to state water law when there is an established federal reserved water right. Further, the Ninth Circuit expressly extended this right to groundwater.


The Body Subject To The Laws: Louise Erdrich’S Metaphorical Incarnation Of Federal Indian Law In "The Round House", Laurel Jimenez 2017 University of Washington Tacoma

The Body Subject To The Laws: Louise Erdrich’S Metaphorical Incarnation Of Federal Indian Law In "The Round House", Laurel Jimenez

Access*: Interdisciplinary Journal of Student Research and Scholarship

Author Louise Erdrich, a member of the Chippewa tribe in North Dakota, is renowned for addressing historical and current social justice issues facing Native Americans in many of her critically acclaimed novels. The Round House is no exception. Erdrich begins her novel by describing a violent attack against the young protagonist's mother; an attack that is only made possible by the systemic racism and lack of tribal sovereignty that underpins Federal Indian Law and policy. Erdrich transmutes the evil couched within those laws into one deplorable incident. The unfolding affects from that incident expose how-- not only historically, but ...


Lewis V. Clarke, Summer L. Carmack 2017 Alexander Blewett III School of Law at the University of Montana

Lewis V. Clarke, Summer L. Carmack

Public Land and Resources Law Review

One manner in which Indian tribes exercise their inherent sovereignty is by asserting sovereign immunity. In Lewis v. Clarke, the Court decided that the sovereign immunity extended to instrumentalities of tribes did not further extend to tribal employees acting within the scope of their employment. The Court acknowledged the concerns of the lower court, namely, the possibility of setting a precedent allowing future plaintiffs to sidestep a tribe’s sovereign immunity by suing a tribal employee in his individual capacity. However, the Supreme Court ultimately felt that the immunity of tribal employees should not exceed the immunity extended to state ...


Parchment As Power: The Effects Of Pre-Revolutionary Treaties On Native Americans From The Colonial Period To Present, Katie Wilkinson 2017 Purdue University

Parchment As Power: The Effects Of Pre-Revolutionary Treaties On Native Americans From The Colonial Period To Present, Katie Wilkinson

The Purdue Historian

In colonial America, there was one resource that settlers were thirsty for and only Native Americans could provide: land. Europeans were interested in gaining possession of Native land via whatever methods would place the fertile soil into their greedy palms the fastest. As a result, they turned to a familiar practice to establish ownership – the written word, more specifically treaties. Unfortunately, the Europeans had fundamentally different thoughts concerning land than the Natives and it resulted in great forfeitures for tribes. While Native Americans were often tricked into land cessions, this was not always the case. Some of the reasons behind ...


Why Indian Country? An Introduction To The Indian Law Landscape (Chapter One In Indian Law And Natural Resources: The Basics And Beyond), Monte T. Mills 2017 Alexander Blewett III School of Law at the University of Montana

Why Indian Country? An Introduction To The Indian Law Landscape (Chapter One In Indian Law And Natural Resources: The Basics And Beyond), Monte T. Mills

Faculty Books & Book Chapters

No abstract provided.


Indigenous Sovereignty And The Legality Of Crown Sovereignty: An Unresolved Constitutional Conundrum, Kent McNeil 2017 Osgoode Hall Law School of York University

Indigenous Sovereignty And The Legality Of Crown Sovereignty: An Unresolved Constitutional Conundrum, Kent Mcneil

All Papers

Let me start by acknowledging and thanking the Enoch Cree Nation, on whose territory we are meeting.

So here we are, 150 years after Confederation, and yet the legal basis for Crown sovereignty over Canada remains uncertain.

The standard explanation is that the Crown acquired sovereignty over French Canada by cession of Acadia (French possessions in what became the Maritime Provinces) by the Treaty of Utrecht in 1713, and by conquest of New France in 1759-60 and cession by the Treaty of Paris in 1763. However, this leaves unexplained how France got sovereignty over territories that were occupied and controlled ...


Bystander No More? Improving The Federal Response To Sexual Violence In Indian Country, Sarah Deer 2017 SJ Quinney College of Law, University of Utah

Bystander No More? Improving The Federal Response To Sexual Violence In Indian Country, Sarah Deer

Utah Law Review

For better or worse, the federal government has taken responsibility for providing for the protection of Native people. So long as the federal government refuses to allow tribes to govern themselves completely and independently, it is imperative that the federal government enact policies empowering Native survivors of sexual assault. The federal government must do more to protect tribal members from sexual predators, to safeguard reservations not only from career criminals but also to ensure that federal agencies like the Bureau of Indian Affairs and the Indian Health Services do not hire men with a history of violence against women or ...


Review Of Canada's Indigenous Constitution. By John Borrows., Signa A. Daum Shanks 2017 University of Saskatchewan

Review Of Canada's Indigenous Constitution. By John Borrows., Signa A. Daum Shanks

Signa A. Daum Shanks

This text's major thesis, that "Canada cannot presently, historically, legally, or morally claim to be built upon European-derived law alone," has been mentioned before. Yet in those earlier musings by Borrows and others, such a statement has never been documented so well as it is here. Borrows contemplates that others, besides those sympathetic with Indigenous perspectives, might just admit such a thesis is the case. Moreover, they might also support the creation of social and economic policies that demonstrate such a belief. But observing it in Canada's current legal system-really? Keenly aware of skeptics, Borrows has thought as ...


Fiduciary Obligations And Aboriginal Peoples, Kent McNeil 2017 Osgoode Hall Law School of York University

Fiduciary Obligations And Aboriginal Peoples, Kent Mcneil

Kent McNeil

No abstract provided.


Aboriginal Title And Indigenous Governance: Identifying The Holders Of Rights And Authority, Kent McNeil 2017 Osgoode Hall Law School of York University

Aboriginal Title And Indigenous Governance: Identifying The Holders Of Rights And Authority, Kent Mcneil

Kent McNeil

Aboriginal rights, including Aboriginal title to land, are communal rights that are vested in Indigenous collectivities that are connected to the specific Indigenous groups that occupied and used land prior to European colonization of Canada. Identifying the present-day collectivities that hold these rights is therefore essential. This research paper examines the jurisprudence on this matter in relation to three categories of court decisions: Aboriginal title cases, Aboriginal rights cases apart from title, and duty to consult cases. Analysis of the case law reveals that identification of current rights holders is treated as a matter of fact that depends in part ...


The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney 2017 University of Wisconsin-Madison

The Master's Tools: Tribal Sovereignty And Tribal Self-Governance Contracting/Compacting, Danielle Delaney

American Indian Law Journal

No abstract provided.


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