Law Commons^™

Brief Of Plaintiff Suquamish Indian Tribe In Support Of Plaintiff-Intervenor/Appellant Samish Indian Tribe

United States v. Washington, Docket Nos. Nos. 79-4447, 79-4472 (641 F.2d 1368 (9th Cir. 1981))

No abstract provided.

Brief Of Plaintiff-Intervenor/Appellant, Duwamish Indian Tribe

United States v. Washington, Docket Nos. Nos. 79-4447, 79-4472 (641 F.2d 1368 (9th Cir. 1981))

No abstract provided.

White Mountain Apache Tribe V. Bracker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Central Machinery Company V. Arizona State Tax Comm., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

United States V. Sioux Nation Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Reply Brief Of Plaintiff-Intervenor/Appellant Makah Indian Tribe

United States v. Lower Elwha Tribe, Docket No. 79-4066 (642 F.2d 1141 (9th Cir. 1981))

No abstract provided.

Brief For The United States

Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n, Docket Nos. 77-983, 78-119, 78-139 (443 U.S. 658 (1979))

No abstract provided.

Brief Of Plaintiff-Intervenor/Appellee Lower Elwaha Indian Tribe

United States v. Lower Elwha Tribe, Docket No. 79-4066 (642 F.2d 1141 (9th Cir. 1981))

No abstract provided.

Brief Of Plaintiff-Intervenor/Appellant Makah Indian Tribe

United States v. Lower Elwha Tribe, Docket No. 79-4066 (642 F.2d 1141 (9th Cir. 1981))

No abstract provided.

Implied Limitation On The Jurisdiction Of Indian Tribes, Richard B. Collins

Washington Law Review

In 1978 the Supreme Court in Oliphant v. Suquamish Indian Tribe held that the retained sovereignty of Indian tribes over tribal reservations does not include the power to punish non-Indians who commit offenses against tribal law.' Based on a number of facts and premises, the Court concluded that it had been assumed from the beginning that the tribes lack this authority except where expressly recognized or conferred by treaty provision or act of Congress. The Court also relied on the fact that during the formative years few Indian tribes had the governmental structure necessary to comply with Anglo-American requirements of …

Indians And Equal Protection, Ralph W. Johnson, E. Susan Crystal

Articles

This article analyzes the recent Indian equal protection cases in an attempt to formulate the equal protection doctrine as applied to Indians, to examine the theoretical foundation for that doctrine, and to indicate how that doctrine will likely be applied in situations not yet addressed by the courts.

The Puyallup Indians And The Reservation Disestablishment Test, Richard M. Slagle

Washington Law Review

This comment considers whether the Puyallup Indian Reservation was disestablished when it was opened near the turn of the century for settlement by non-Indians. Although the Ninth Circuit Court of Appeals has held that "the Puyallup Indian Reservation continues to exist," subsequent dictum of the United States Supreme Court casts doubt upon the continuing validity of this holding. The question of the reservation's continued existence has also been raised in recent litigation. After reviewing the Puyallup Indian Reservation's history and analyzing it in the context of Supreme Court decisions concerning disestablishment, this comment concludes that the Puyallup Indian Reservation was …

Introduction To Indian Law Symposium. Indian Law And Policy: The Historian's Viewpoint, Rennard Strickland

Washington Law Review

One purpose of this special section is to bring new and fresh perspectives to the field of Indian law. The editors hope to create a broader understanding of the concerns of the Indian, the non-Indian community, the states, and the federal government. I hope to give you a look from yet another viewpoint, the historian's viewpoint. To historians there is the appearance of great circularity yet underlying continuity in the course of Indian law and policy. In this brief introduction I want to convey to you something of that historian's viewpoint in the hope that these new perspectives on Indian …

Issues In Federal, State, And Tribal Taxation Of Reservation Wealth: A Survey And Economic Critique, Russel Lawrence Barsh

Washington Law Review

This article will consider the most important Indian tax decisions, comparing the intended results of the decisions in the context of congressional Indian law with their probable economic consequences. Part II briefly reviews the main factors essential for proper economic evaluation of a tax. Part III critically surveys recent law of federal taxation of reservation wealth. Part IV similarly surveys and criticizes decisions regarding state taxation of reservation wealth. Part V offers alternate resolutions for state-Indian taxation disputes. In Part VI, the article proposes a framework for applying tax economics productively to the problem of meeting tribal revenue needs.

Tribal Preemption, Eric R. Biggs

Washington Law Review

This comment analyzes the sources for the tribal preemption doctrine and the application of the doctrine. Because preemption necessarily involves a conflict between entities which seek to assert jurisdiction over the same subject matter, the general contours of jurisdiction over Indians must first be examined. The comment then discusses the federal preemption doctrine in order to explain more fully the aspects of tribal preemption which rest upon federal preemption. After an examination of how tribal preemption is applied in various settings, the comment will briefly look at the possibilities of partial tribal preemption. Finally, the comment concludes that a two-step …

Indians And Equal Protection, Ralph W. Johnson, E. Susan Crystal

Washington Law Review

This article analyzes the recent Indian equal protection cases in an attempt to formulate the equal protection doctrine as applied to Indians, to examine the theoretical foundation for that doctrine, and to indicate how that doctrine will likely be applied in situations not yet addressed by the courts.

Respondents' Confederated Tribes Of The Warm Springs Reservation Of Oregon And Confederated Tribes Of The Umatilla Indian Reservation Brief

Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n, Docket Nos. 77-983, 78-119, 78-139 (443 U.S. 658 (1979))

No abstract provided.

Brief Of Respondent, Yakima Nation

Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n, Docket Nos. 77-983, 78-119, 78-139 (443 U.S. 658 (1979))

No abstract provided.

Brief Of The Intervenor-Respondent Quinault Indian Nation

Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n, Docket Nos. 77-983, 78-119, 78-139 (443 U.S. 658 (1979))

No abstract provided.

Water Rights: The Winters Cloud Over The Rockies: Indian Water Rights And The Development Of Western Energy Resources, Michael S. Laird

American Indian Law Review

No abstract provided.

The Bia Reorganization Follies Of 1978: A Lesson In Bureaucratic Self-Defense, Russel Lawrence Barsh

American Indian Law Review

No abstract provided.

Constitutional Law: "There Ain't No Such Thing As A Free Lunch; Hunting And Fishing: Post-Termination Rights: Jurisdiction: Federal Supremacy Under The Major Crimes Act; Jurisdiction: Indian Country Concept Extended To Indian Schools; Sovereignty: Public Law 280 And State Regulation Of Oil And Gas; Sovereignty: "Smoke-Shop" Licensing; Taxation: Property Tax Exemption Not Extended To Income; Taxation: State Taxation On The Reservation

American Indian Law Review

No abstract provided.

The Land Rights Of Indigenous Canadian Peoples, Brian Slattery

Brian Slattery

The problem examined in this work is whether the land rights originally held by Canada's Indigenous peoples survived the process whereby the British Crown acquired sovereignty over their territories, and, if so, in what form. The question, although historical in nature, has important implications for current disputes involving Aboriginal land claims in Canada. It is considered here largely as a matter of first impression. The author has examined the historical evidence with a fresh eye, in the light of contemporaneous legal authorities. Due consideration is given to modern case-law, but the primary focus is upon the historical process proper.

The Maine Indian Land Claims Case: Pro And Con, Joseph Pecoraro

Maine Collection

The Maine Indian Land Claims Case: Pro and Con / Materials compiled by Dr. Joseph Pecoraro, curriculum consultant, State Department of Educational and Cultural Services, 1979.

"This is a collection of articles taken from The Church World dealing with the Maine Indian Land Claim issue."

Alaskan Natives: Eskimos And Bowhead Whales: An Inquiry Into Cultural And Environmental Values That Clash In Courts Of Law, Preston Michie

American Indian Law Review

No abstract provided.

Indians And Taxation In Canada, Richard H. Bartlett

American Indian Law Review

No abstract provided.

Health Care For Tribal Citizens: A Criticism Of White V. Califano, Mario Gonzalez, J. Youngblood Henderson

American Indian Law Review

No abstract provided.

Changing The Law On Personal Status Within A Liberal Interpretation Of The Sharia, Mohammed Al-Nowaihi

Faculty Book Chapters

Many minds, multiple energies and much cooperation has gone into the creation and production of this monograph. Principally it is the outcome of a seminar on the theme of "Law and Social Change: Problems and Challenges" which was organized and co-sponsored within the general framework of the Open University Seminar Series by the Department of Sociology-Anthropology-Psychology of the American University in Cairo and the National Center for Sociological and Criminological Research. The Open University Seminar, held annually, is a forum through which members of the AUC community and interested persons from the larger Egyptian community can come together to express …

Indian Child Welfare Act Of 1978: A Response To The Threat To Indian Culture Caused By Foster And Adoptive Placements Of Indian Children, Manuel P. Guerrero

American Indian Law Review

No abstract provided.

Jurisdiction: Criminal Jurisdiction And Enforcement Problems On Indian Reservations In The Wake Of Oliphant, Steven M. Johnson

American Indian Law Review

No abstract provided.