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Full-Text Articles in Law

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

Indian Tribes And The Legal System, Ralph W. Johnson

Washington Law Review

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.


Wolf Warriors And Turtle Kings: Native American Law Before The Blue Coats, Rennard Strickland Oct 1997

Wolf Warriors And Turtle Kings: Native American Law Before The Blue Coats, Rennard Strickland

Washington Law Review

One of the great myths of the white invention of the Indian was that there was no law among Native Americans before the white man except for a single Indian "primitive" legal system of blood revenge, uniform across the North American continent. This is not so. Law existed among Native Peoples long before white contact. Quite simply, the Indians had law. Before white contact, Native America nourished a rich and diverse system of law-a system of law that varied dramatically from people to people.


The Role Of Bilateralism In Fulfilling The Federal-Tribal Relationship: The Tribal Rights-Endangered Species Secretarial Order, Charles Wilkinson Oct 1997

The Role Of Bilateralism In Fulfilling The Federal-Tribal Relationship: The Tribal Rights-Endangered Species Secretarial Order, Charles Wilkinson

Washington Law Review

On June 5, 1997, Secretary of the Interior Bruce Babbitt and Secretary of Commerce William Daley signed a jointly-released Secretarial Order entitled "American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act"' The Order culminated a year-and-a-half of work by tribes and federal officials to craft an administrative system for resolving difficult questions involving tribal rights and the Endangered Species Act (ESA). The Order is important for the ESA's implementation. It also carries broader significance, for it serves as one major example of how the government-to-government relationship between the United States and Indian tribes can be successfully implemented.


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.


Overextended Borrowing: Tribal Peacemaking Applied In Non-Indian Disputes, Carole E. Goldberg Oct 1997

Overextended Borrowing: Tribal Peacemaking Applied In Non-Indian Disputes, Carole E. Goldberg

Washington Law Review

Respected figures within the U.S. legal system are saying that the system could be improved by borrowing elements from Native American dispute resolution. To longtime students of Indian Law, this is a striking shift of rhetoric. Historically, non-Indian America has either ignored or dismissed tribal law, often characterizing tribes as lawless. But has the rhetoric merely shifted from condescension to impractical romanticizing? This article examines and analyzes the position taken by non-Indian advocates of borrowing from tribal justice systems and considers whether such borrowing can really work.


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.


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.


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.


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.


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.


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.


One Size Does Not Fit All: The Failure Of Washington's Licensing Standards For Alcohol And Drug Treatment Programs And Facilities To Meet The Needs Of Indians, Kelly S. Croman Jan 1997

One Size Does Not Fit All: The Failure Of Washington's Licensing Standards For Alcohol And Drug Treatment Programs And Facilities To Meet The Needs Of Indians, Kelly S. Croman

Washington Law Review

It is well recognized that culturally and spiritually relevant alcohol and chemical dependency treatment programs are most successful. Washington's licensing standards for such programs and facilities, however, fail to address the cultural and spiritual needs of Indians who they serve. The State's current one-size-fits-all approach offers no hope for improved treatment outcomes for Indians. This Comment demonstrates the inadequacy of Washington's current treatment facility and program licensing standards and examines the high costs of maintaining these standards. The Comment concludes with a proposal for specific legislation for the State of Washington.


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