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Articles 31 - 60 of 107
Full-Text Articles in Law
Creating A Roadmap For Achieving Intergenerational Environmental Justice, Clifford Rechtschaffen
Creating A Roadmap For Achieving Intergenerational Environmental Justice, Clifford Rechtschaffen
The Climate of Environmental Justice: Taking Stock (March 16-17)
Presenter: Clifford Rechtschaffen, Professor of Law and Director, JD Environmental Law Program; Co-Director, Environmental Law and Justice Clinic, Golden Gate University School of Law
5 pages.
Consent Decree Approving Entry Of Partial Final Decrees Determining The Rights Of The Us As Trustee For The Benefit Of The Nez Perce Tribe & The Nez Perce Tribe To The Use Of Water In The Snake River Basin Within Idaho And The Partial Final Decrees Determining Minimum Stream Flow Water Rights Held By The Idaho Water Resources Board, District Court Of The Fifth Judicial District Of The State Of Idaho In And For The County Of Twin Falls
Consent Decree Approving Entry Of Partial Final Decrees Determining The Rights Of The Us As Trustee For The Benefit Of The Nez Perce Tribe & The Nez Perce Tribe To The Use Of Water In The Snake River Basin Within Idaho And The Partial Final Decrees Determining Minimum Stream Flow Water Rights Held By The Idaho Water Resources Board, District Court Of The Fifth Judicial District Of The State Of Idaho In And For The County Of Twin Falls
Native American Water Rights Settlement Project
Post-settlement court orders/decree. Parties: Nez Perce Tribe, ID, Idaho, US, United States, Non-Indian Water Users listed in Attachment 1. Decree incorporates Special Master’s Term Sheet and partial final decrees for federal reserved water rights held by the US as trustee for the Tribe, for multiple use and for springs or fountains as well as state minimum stream flow water rights held by Idaho Water Resources Board. All Nez Perce claims and US claims for the Tribe which not found in the partial final decrees are dismissed with prejudice. Decrees were entered in compliance with Sec. 42-1411 A, Id. Code. The …
At A Complex Crossroads: Animal Law In Indian Country, Rob Roy Smith
At A Complex Crossroads: Animal Law In Indian Country, Rob Roy Smith
Animal Law Review
Animals play an especially important role in Indian history and culture. The value of animals to the tribes is reflected in every aspect of their culture, from song and dance to land use and treaty terms. Tribes today are still dependent on fish and wildlife for ceremonies and everyday living. The tribes have translated their value for animals into creative ways to protect domestic animals and manage animal populations, including working with state and federal governments to co-manage fish and wildlife populations. This article begins with a discussion of criminal and civil jurisdiction within Indian Country. The article provides a …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
South Dakota Tribal Court Handbook (Revised Edition), Frank Pommersheim
South Dakota Tribal Court Handbook (Revised Edition), Frank Pommersheim
Frank Pommersheim
The South Dakota Tribal Court Handbook is designed to provide an informative and ready resource for the practicing bar in South Dakota as well as for the tribal and statewide community at large. The overarching objective of this effort is to facilitate ongoing communication, understanding, and respect for tribal courts and tribal court personnel.
"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson
"Peoples Distinct From Others": The Making Of Modern Indian Law, Charles Wilkinson
Publications
No abstract provided.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren
The Potential Passage Of Proposed Senate Bill 578 And Its Implication On Hicks V. Nevada And Twenty Years Of Supreme Court Jurisprudence, Richard L. Warren
American Indian Law Review
No abstract provided.
Tribal Courts And Federal Courts: A Very Preliminary Set Of Notes For Federal Courts Teachers, Frank Pommersheim
Tribal Courts And Federal Courts: A Very Preliminary Set Of Notes For Federal Courts Teachers, Frank Pommersheim
Frank Pommersheim
No abstract provided.
Winner, Best Appellate Brief In The 2003 Native American Law Student Association Moot Court Competition, Matthew Baumgartner, Elizabeth Ann Kronk
Winner, Best Appellate Brief In The 2003 Native American Law Student Association Moot Court Competition, Matthew Baumgartner, Elizabeth Ann Kronk
American Indian Law Review
No abstract provided.
State Income Taxation Of Nonmember Indians In Indian Country, Jennifer Nutt Carleton
State Income Taxation Of Nonmember Indians In Indian Country, Jennifer Nutt Carleton
American Indian Law Review
No abstract provided.
American-Style Justice In No Man's Land, Peter Nicolas
American-Style Justice In No Man's Land, Peter Nicolas
Articles
This Article seeks to fill the gap in the existing literature by exploring the constitutional limits on federal court subject matter jurisdiction in the context of civil disputes arising in Indian Country and civil disputes arising elsewhere involving Indian tribes, tribal entities, and tribal members.
Part II of this Article catalogues the universe of "no forum" and "biased forum" jurisdictional quagmires with respect to civil disputes arising in Indian Country or those arising elsewhere involving Indian tribes, tribal entities, and tribal members, examining the existing legal obstacles that prevent federal, state, and tribal courts from exercising jurisdiction over the "no …
Acquiring Water For Tribes, Susan M. Williams
Acquiring Water For Tribes, Susan M. Williams
Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)
16 pages.
Contains references (page 15).
Adjudication And The Problems Of Incommensurability, Brett G. Scharffs
Adjudication And The Problems Of Incommensurability, Brett G. Scharffs
William & Mary Law Review
No abstract provided.
Easements On Tribal Sovereignty, Todd Miller
Easements On Tribal Sovereignty, Todd Miller
American Indian Law Review
No abstract provided.
Jurisdiction Of Ute Reservation Lands, John D. Barton, Candace M. Barton
Jurisdiction Of Ute Reservation Lands, John D. Barton, Candace M. Barton
American Indian Law Review
No abstract provided.
Nevada V. Hicks: No Threat To Most Nevada Tribes, Ronald Eagleye Johnny
Nevada V. Hicks: No Threat To Most Nevada Tribes, Ronald Eagleye Johnny
American Indian Law Review
No abstract provided.
Protecting The Sacred Sites Of Indigenous People In U.S. Courts: Reconciling Native American Religion And The Right To Exclude, Kevin J. Worthen
Protecting The Sacred Sites Of Indigenous People In U.S. Courts: Reconciling Native American Religion And The Right To Exclude, Kevin J. Worthen
Faculty Scholarship
The key to understanding current U. S. caselaw concerning the protection of Native American sacred sites is arguably found in the dissenting opinion of an eighteen-year old case involving not religious freedom, not sacred sites, and not cultural heritage - but the right of Indian tribes to impose severance taxes on non-tribal members who extract oil and gas from tribal lands. In Merrion v. Jicarilla Apache Tribe, Justice Stevens refused to join the majority’s conclusion that the inherent sovereignty of the Jicarilla Apache Tribe included the power to impose such a tax. In his view, a tribe’s authority to regulate …
The Legend Of "Crow Dog:" An Examination Of Jurisdiction Over Intra-Tribal Crimes Not Covered By The Major Crimes Act, James W. King
The Legend Of "Crow Dog:" An Examination Of Jurisdiction Over Intra-Tribal Crimes Not Covered By The Major Crimes Act, James W. King
Vanderbilt Law Review
Native American tribes present unique problems to American jurisprudence and governance. Unquestionably subject to federal control on some levels, they have maintained the "inherent powers of a limited sovereignty" over internal affairs.' While both the Supreme Court and Congress have recognized this sovereignty, specific Congressional mandate can abrogate it at any time. This Note addresses the question of whether Congress has mandated federal jurisdiction over all serious crimes committed by Indians against other Indians on tribal land.
The story is long and complicated, with its beginnings in the 1883 Supreme Court case Ex parte Crow Dog, in which the Court …
Crow Tribe, Montana & Us Compact Of 1999, Montana
Crow Tribe, Montana & Us Compact Of 1999, Montana
Native American Water Rights Settlement Project
Settlement & State Legislation: Water Rights Compact Entered into by the State of Montana, the Crow Tribe and the USA (Jun. 22, 1999). (Mont. Code Ann. Sec. 85-20-901) There is no separate Settlement Agreememt. The State Legislation ratifies settlement of Crow water rights. Includes 500,000 a/f/y from Bighorn River, priority of May 7, 1868; 300,000 a/f/y from Bighorn Lake storage but limited to half that amount during low periods. A stream and lake-level management plan to be developed for the Bighorn River. Tribe has surface, GW and storage rights within the Little Bighorn River, Pryor Creek, and Rosebud Creek (to …
Winner, Best Appellate Brief In The 1998-99 Native American Law Student Association Moot Court Competition, Lisa F. Cook Gambler, Melissa E. Stephenson
Winner, Best Appellate Brief In The 1998-99 Native American Law Student Association Moot Court Competition, Lisa F. Cook Gambler, Melissa E. Stephenson
American Indian Law Review
No abstract provided.
Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins
Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The history of tribal-state political relations has been contentious from the beginning of the republic. As a result of these tensions, the relationship of tribal nations and the federal government was federalized when the U.S. Constitution was ratified in 1788. Thus, a number of states, especially in the West, were required in their organic acts and constitutions to forever disclaim jurisdiction over Indian property and persons. This article analyzes these disclaimer clauses, explains the factors that have enabled the states to assume some jurisdictional presence in Indian Country, examines the key issues in which disclaimers continue to carry significant weight, …
Tribal Court General Civil Jurisdiction Over Actions Between Non-Indian Plaintiffs And Defendants: Strate V. A-1 Contractors, Jamelle King
Tribal Court General Civil Jurisdiction Over Actions Between Non-Indian Plaintiffs And Defendants: Strate V. A-1 Contractors, Jamelle King
American Indian Law Review
No abstract provided.
Nuclear Incidents On Indian Reservations: Who Has Jurisdiction? Tribal Court Exhaustion Versus The Price-Anderson Act, James W. Kuntz
Nuclear Incidents On Indian Reservations: Who Has Jurisdiction? Tribal Court Exhaustion Versus The Price-Anderson Act, James W. Kuntz
American Indian Law Review
No abstract provided.
Protecting Profits Derived From Tribal Resources: Why The State Of Utah Should Not Have The Power To Tax Non-Indian Oil And Gas Lessees On The Navajo Nation's Aneth Extension: Texaco, Exxon, And Union Oil V. San Juan County School District--A Case Study, Richard J. Ansson Jr.
American Indian Law Review
No abstract provided.
Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds
Adjudication In Indian Country: The Confusing Parameters Of State, Federal, And Tribal Jurisdiction, Laurie Reynolds
William & Mary Law Review
No abstract provided.
Validity Of A State Court's Exercise Of Concurrent Jurisdiction Over Civil Actions Arising In Indian Country: Application Of The Indian Abstention Doctrine In State Court, John J. Harte
American Indian Law Review
No abstract provided.
Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches
Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches
Publications
For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …