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Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Jensen V. Exc, Inc., John P. Lavelle, Geoffrey R. Romero, Michael J. Barthelemy Oct 2015

Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Ninth Circuit, Jensen V. Exc, Inc., John P. Lavelle, Geoffrey R. Romero, Michael J. Barthelemy

Faculty Scholarship

The petitioners argue:

1) Supervisory Review is Needed Because the District Court and the Ninth Circuit Automatically Aligned U.S. Highway 160 with Alienated, Non-Indian Fee Land, Ignoring this Court’s Context-Specific, Multifactor Methodology for Determining the Status of Reservation Roadways for Tribal Jurisdictional Purposes.

2) Supervisory Review is Also Necessary Because Both Lower Courts Refused to Apply Supreme Court Precedents Governing Whether an Indian Tribe Retains Treaty-Based Authority over the Conduct of Nonmembers on a Tribe’s Reservation, Effecting an Impermissible Judicial Abrogation of the Navajo Nation’s Congressionally Confirmed, Treaty-Based Jurisdiction in This Case.

3) Supervisory Review is Further Needed Because Both …


You Gotta Fight For The Right To Vote: Enfranchising Native American Voters, Jeanette Wolfley Oct 2015

You Gotta Fight For The Right To Vote: Enfranchising Native American Voters, Jeanette Wolfley

Faculty Scholarship

Five decades ago, the Congress passed the Voting Rights Act of 1965. Since its passage, the Voting Right Act has created the opportunity to vote for many racial and language minorities across the country, and has survived many challenges until 2013. The U.S. Supreme Court issued two decisions involving voting rights in its 2012-2013 term. On June 25, 2013, in Shelby County v. Holder, a divided Supreme Court struck down Section 4 - a key provision of the 1965 Voting Right Act (VRA) - as unconstitutional. On June 17, 2013, one week before the Shelby County decision, the Court decided …


Indian Country Today Interviews Kevin Washburn About Federal Recognition Rules And Protecting Sacred Sites, Kevin Washburn Sep 2015

Indian Country Today Interviews Kevin Washburn About Federal Recognition Rules And Protecting Sacred Sites, Kevin Washburn

Faculty Scholarship

Indian Country Today Media Network caught up with Kevin K. Washburn to discuss his legacy as ASIA, among other hot topics in Indian country like: reformed federal recognition rules, Cobell, Oak Flat, Land in Trust and more.


Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law Apr 2015

Spring 2015 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law

Publications

No abstract provided.


Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore Apr 2015

Optimizing Reservoir Operations To Adapt To 21st Century Expectations Of Climate And Social Change In The Willamette River Basin, Oregon, Kathleen M. Moore

Publications

Reservoir systems in the western US are managed to serve two main competing purposes: to reduce flooding during the winter and spring, and to provide water supply for multiple uses during the summer. Because the storage capacity of a reservoir cannot be used for both flood damage reduction and water storage at the same time, these two uses are traded off as the reservoir fills during the transition from the wet to the dry season. Climate change, population growth, and development in the western US may exacerbate dry season water scarcity and increase winter flood risk, creating a need to …


As Long As The Water Shall Flow: Bringing Water To Tribal Homelands, Jeanette Wolfley Apr 2015

As Long As The Water Shall Flow: Bringing Water To Tribal Homelands, Jeanette Wolfley

Faculty Scholarship

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