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Indigenous, Indian, and Aboriginal Law

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1997

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Articles 1 - 30 of 48

Full-Text Articles in Law

Confederated Tribes Of The Warm Springs Reservation Water Rights Settlement Agreement, Confederated Tribes Of The Warm Springs Reservation Et Al Nov 1997

Confederated Tribes Of The Warm Springs Reservation Water Rights Settlement Agreement, Confederated Tribes Of The Warm Springs Reservation Et Al

Native American Water Rights Settlement Project

Reservation, and long-term cooperative management of the waters. The Tribes shall not convert any existing non-consumptive use to a consumptive use. The Agreement designates the amounts of instream flows and diverted water for the Tribes. The Tribes have the first priority for their Tribal Reserved Water Right; however, existing State law water rights will not be curtailed in favor of the Tribal Reserved water right. The water right may be obtained from surface or groundwater. A part of the Tribal Reserved Water Right may be used off reservation, subject to federal, state and Tribal Law. While used on Reservation the …


Order Granting Motion For Extension, Harold H. Greene Oct 1997

Order Granting Motion For Extension, Harold H. Greene

Sandia Pueblo Mountain Claim

No abstract provided.


Plaintiff's Reply To Intervenor-Defendants' Memorandum In Opposition To Plaintiff's Motion For Summary Judgment, And Plaintiff's Response To Intervenor-Defendants' Cross-Motion For Summary Judgment, Peter T. Grossi Jr. Oct 1997

Plaintiff's Reply To Intervenor-Defendants' Memorandum In Opposition To Plaintiff's Motion For Summary Judgment, And Plaintiff's Response To Intervenor-Defendants' Cross-Motion For Summary Judgment, Peter T. Grossi Jr.

Sandia Pueblo Mountain Claim

No abstract provided.


Plaintiff's Response To Bernalillo County's Proposed Uncontroverted Facts, Peter T. Grossi Jr. Oct 1997

Plaintiff's Response To Bernalillo County's Proposed Uncontroverted Facts, Peter T. Grossi Jr.

Sandia Pueblo Mountain Claim

No abstract provided.


Resource Law Notes Newsletter, No. 41, Fall Issue, Aug. 1997, University Of Colorado Boulder. Natural Resources Law Center Oct 1997

Resource Law Notes Newsletter, No. 41, Fall Issue, Aug. 1997, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Dedication To Professor Ralph W. Johnson, David H. Getches Oct 1997

Dedication To Professor Ralph W. Johnson, David H. Getches

Articles

This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread over the …


Indian Tribes And The Legal System, Ralph W. Johnson Oct 1997

Indian Tribes And The Legal System, Ralph W. Johnson

Articles

This article surveys the past and present role of lawyers in the field of Indian law, from the absence of attorneys in early treaty negotiations through the formative role lawyers played in developing the federal trust relationship, to their modem role as "legal warriors" for the increasingly independent, autonomous tribes of today. To understand all the changes now occurring in Indian law, a review of the background is helpful. What follows is a synopsis of the significant events in Indian history, focusing on how the U.S. government initially treated Indians and the role the legal profession played in this treatment.


Bernalillo's County's Cross-Motion For Summary Judgment, Thomas R. Bartman, Carol E. Dinkins Sep 1997

Bernalillo's County's Cross-Motion For Summary Judgment, Thomas R. Bartman, Carol E. Dinkins

Sandia Pueblo Mountain Claim

Defendant-Intervenor Bernalillo County, New Mexico adopts this cross-motion in support of the Federal Defendants' Cross-motion for Summary Judgment and Memorandum in Support (filed June 27, 1997). As set out in the Federal Defendants Memorandum in Support, the administrative record demonstrates that Secretary Hodel's decision not to grant the Pueblo's claim was fully supported by the record and was neither arbitrary nor capricious, and that Secretary Babbitt's inaction on the Pueblo's claim does not constitute reviewable final agency action and/or was not arbitrary and capricious.


Intervenor-Defendant Bernalillo County's Memorandum In Opposition To Plaintiff's Motion For Summary Judgment And In Support Of County's Cross-Motion For Summary Judgment, Thomas R. Bartman, Carol E. Dinkins Sep 1997

Intervenor-Defendant Bernalillo County's Memorandum In Opposition To Plaintiff's Motion For Summary Judgment And In Support Of County's Cross-Motion For Summary Judgment, Thomas R. Bartman, Carol E. Dinkins

Sandia Pueblo Mountain Claim

Intervenor-defendant Bernalillo County, New Mexico states its opposition to the Motion for Summary Judgment of Plaintiff Pueblo of Sandia (filed June 26, 1996) and joins in with and adopts the United States' Opposition to Plaintiff's Motion for Summary Judgment and Cross-Motion for Summary Judgment (filed June 27, 1997). Further, Defendant Bernalillo County moves the Court to grant it summary judgment on the same grounds on which it opposes Plaintiff's Summary Judgment Motion.


Plaintiff's Reply To Defendants' Memorandum In Opposition To Plaintiff's Motion For Summary Judgment, And Plaintiff's Response To Defendants' Cross-Motion For Summary Judgment, Peter T. Grossi Jr. Aug 1997

Plaintiff's Reply To Defendants' Memorandum In Opposition To Plaintiff's Motion For Summary Judgment, And Plaintiff's Response To Defendants' Cross-Motion For Summary Judgment, Peter T. Grossi Jr.

Sandia Pueblo Mountain Claim

No abstract provided.


Federal Defendants' Statement Of Genuine Issues In Response To Plaintiff's Statement Of Undisputed Facts, Andrew M. Eschen Jun 1997

Federal Defendants' Statement Of Genuine Issues In Response To Plaintiff's Statement Of Undisputed Facts, Andrew M. Eschen

Sandia Pueblo Mountain Claim

No abstract provided.


Reply Brief For Petitioners Jun 1997

Reply Brief For Petitioners

Duwamish Indian Tribe v. United States, Docket No. 96-1607 (522 U.S. 806 (1997))

No abstract provided.


San Carlos Apache Tribe Amendments To Act Of 1992, 1997 Amendment To The San Carlos Apache Tribe Water Rights Settlement, 105th Congress Jun 1997

San Carlos Apache Tribe Amendments To Act Of 1992, 1997 Amendment To The San Carlos Apache Tribe Water Rights Settlement, 105th Congress

Native American Water Rights Settlement Project

Federal Legislation: Department of the Interior, General Provisions - San Carlos Apache Tribe Amendments to Act of 1992, Chapter 5 of Emergency Supplemental Appropriations For Recovery From Natural Disasters, And For Overseas Peacekeeping Efforts, Including Those In Bosnia, PL 105-18, 111 Stat. 158, 181-187 (Jun. 12, 1997). Parties: US & San Carlos Apache Tribe. 1992 Settlement Act amended 3711 to move deadline to Mar. 31, 1999 & effect on deadline of submission of a proposed Settlement Agreement to Gila Adjudication court; and addition of certain parties & definitions to the 1992 Settlement Agreement. The provisions address the transfer of the …


Brief For The United States In Opposition Jun 1997

Brief For The United States In Opposition

Duwamish Indian Tribe v. United States, Docket No. 96-1607 (522 U.S. 806 (1997))

No abstract provided.


Brief In Opposition For Respondents The Tulalip Tribes, Muckelshoot Tribe, The Nisqually Tribe, The Puyallup Tribe And The Squaxin Island Tribe Jun 1997

Brief In Opposition For Respondents The Tulalip Tribes, Muckelshoot Tribe, The Nisqually Tribe, The Puyallup Tribe And The Squaxin Island Tribe

Duwamish Indian Tribe v. United States, Docket No. 96-1607 (522 U.S. 806 (1997))

No abstract provided.


Rocky Boy's Indian Reservation Compact, Mt, Chippewa-Cree Tribe Apr 1997

Rocky Boy's Indian Reservation Compact, Mt, Chippewa-Cree Tribe

Native American Water Rights Settlement Project

Settlement - State Legislation: There is no stand alone settlement agreement: Water Rights Compact - MT, Chippewa-Cree Tribe of Rocky Boy's Reservation & US of 1997 (MCA 85-20-601) This Compact arose out of a MT state court water rights adjudication. It serves both as settlement agreement and state legislation. The Compact sets forth the Tribe’s rights and involve Stoneman Reservoir, East Fork Reservoir, Gravel Coulee, Lower Big Sandy Creek, Ancestral Missouri River Channel Aquifer, Box Elder Creek, Beaver Creek, Camp Creek, Duck Creek, Gorman Creek, Lake Elwell, Bonneau Reservoir, Brown’s Reservoir, and new impoundments. It identifies rights in groundwater and …


Petition For Writ Of Certiorari Apr 1997

Petition For Writ Of Certiorari

Duwamish Indian Tribe v. United States, Docket No. 96-1607 (522 U.S. 806 (1997))

No abstract provided.


Resource Law Notes Newsletter, No. 40, Spring Issue, Apr. 1997, University Of Colorado Boulder. Natural Resources Law Center Apr 1997

Resource Law Notes Newsletter, No. 40, Spring Issue, Apr. 1997, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Reply Brief Of Plaintiff-Appellee/Cross-Appellant Indian Tribes Mar 1997

Reply Brief Of Plaintiff-Appellee/Cross-Appellant Indian Tribes

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.


Reply Brief For The United States, Appellee/Cross-Appellant Mar 1997

Reply Brief For The United States, Appellee/Cross-Appellant

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.


Order Granting Motion To Intervene, Harold H. Greene Feb 1997

Order Granting Motion To Intervene, Harold H. Greene

Sandia Pueblo Mountain Claim

No abstract provided.


Joint Petition For Writ Of Certiorari Feb 1997

Joint Petition For Writ Of Certiorari

Confederated Tribes of the Chehalis Indian Reservation v. Washington, Docket No. 96-1344 (520 U.S. 1168 (1997))

No abstract provided.


Stipulation For Enlargement Of Time To Answer Complaint, Andrew M. Eschen Feb 1997

Stipulation For Enlargement Of Time To Answer Complaint, Andrew M. Eschen

Sandia Pueblo Mountain Claim

No abstract provided.


Justifying Repatriation Of Native American Cultural Property, Sarah K. Harding Feb 1997

Justifying Repatriation Of Native American Cultural Property, Sarah K. Harding

All Faculty Scholarship

No abstract provided.


Reply Brief Of Defendant/Appellant/Cross-Appellee State Of Washington Jan 1997

Reply Brief Of Defendant/Appellant/Cross-Appellee State Of Washington

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.


Reply Brief Of Intervenors- Defendants/Appellants "Private Owners" And Answering Brief Of Cross-Appellees Jan 1997

Reply Brief Of Intervenors- Defendants/Appellants "Private Owners" And Answering Brief Of Cross-Appellees

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.


Reply Brief Of Intervenor-Defendants/Appellants Adkins, Et Al., And Their Brief In Answer To Plaintiffs' Cross Appeal Jan 1997

Reply Brief Of Intervenor-Defendants/Appellants Adkins, Et Al., And Their Brief In Answer To Plaintiffs' Cross Appeal

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.


Reply Brief Of Intervenor-Defendants/Appellants Puget Sound Shellfish Growers And Opposition Brief To Plaintiffs' Cross-Appeal Jan 1997

Reply Brief Of Intervenor-Defendants/Appellants Puget Sound Shellfish Growers And Opposition Brief To Plaintiffs' Cross-Appeal

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.


Reply Brief Of Intervenor-Defendant/Appellant 26 Tideland And Upland Private Property Owners ("Upow") Jan 1997

Reply Brief Of Intervenor-Defendant/Appellant 26 Tideland And Upland Private Property Owners ("Upow")

United States v. Washington, Docket Nos. 96-35014, 96-35082, 96-35142, 96-35196, 96-35200, 96-35223 (135 F.3d 618 (9th Cir. 1998))

No abstract provided.


"With The Greatest Respect And Fidelity:" A Cherokee Vision Of The "Trust" Doctrine, David E. Wilkins Jan 1997

"With The Greatest Respect And Fidelity:" A Cherokee Vision Of The "Trust" Doctrine, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The trust relationship is the conceptual/philosophical framework against which all relations between the federal government and indigenous groups are conducted. Yet despite the centrality of this concept, federal policymakers have no consistent or agreed upon definition of what the trust relationship actually entails. And, more importantly, indigenous conceptions of trust have rarely been assessed. This article analyzes and advances one tribe's—the Cherokee—perspective on trust. In focusing on how the Cherokee perceive trust, this section emphasizes that from an indigenous viewpoint the trust relationship embodies a complex and sophisticated understanding that both the tribe and the United States have reciprocal responsibilities …