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Indigenous, Indian, and Aboriginal Law

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2000

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Articles 1 - 30 of 40

Full-Text Articles in Law

2000 Amendments To Colorado Utes Settlement Act Of 1988, United States 106th Congress Dec 2000

2000 Amendments To Colorado Utes Settlement Act Of 1988, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Colorado Ute Indian Water Rights Settlement Act Amendments of 2000 in Consolidated Appropriations Act of Dec. 21, 2001 (PL 106-554, Appendix D, Title III, 114 Stat. 2763A-258 ). The timetable set forth in the Settlement Agreement has not been met. The irrigation water provisions cannot be met due to Endangered Species Act, biological opinions and Federal Water Pollution Control Act requirements which reduce the amount that can be drawn from the Animas and La Plata Rivers. The facilities and amount of water must be significantly reduced. To compensate the Tribes, capital costs are waived and funds for natural …


Ak-Chin Water Use Act Of 1984, 2000 Amendments, United States 106th Congress Oct 2000

Ak-Chin Water Use Act Of 1984, 2000 Amendments, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Technical Amendments of 2000 to Ak-Chin Water Use of 1984 (PL 106-285, 114 Stat. 878) Act amending Ak-Chin Water Use Act of 1984. Act addresses amendments regarding use and leasing of permanent water supply as well as prohibition against permanent alienation of water right. It approves lease and amendment of lease for Del Webb Corporation of Dec. 14, 1996 and Jan. 7, 1999, respectively. Secretary of the Interior is authorized to approve the lease as amended. [Source: http://www.gpo.gov/fdsys/pkg/PLAW-106publ285/pdf/PLAW-106publ285.pdf]


Resource Law Notes Newsletter, No. 50, Fall 2000, University Of Colorado Boulder. Natural Resources Law Center Oct 2000

Resource Law Notes Newsletter, No. 50, Fall 2000, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.


Shivwits Band Of The Paiute Indian Tribe Of Utah Water Rights Settlement Act Of 2000, United States 106th Congress Aug 2000

Shivwits Band Of The Paiute Indian Tribe Of Utah Water Rights Settlement Act Of 2000, United States 106th Congress

Native American Water Rights Settlement Project

Federal Legislation: Shivwits Band of the Paiute Indian Tribe of Utah Water Rights Settlement, PL 106-263, 114 Stat. 737 ( Aug. 18, 2000) Parties: US, City of St. George, & Shivwits Band of the Paiute Indian Tribe of Utah. (Not other Bands of Ut Paiute Tribe) The Act provides for St. George (Utah) Water Reuse to divert and transport water for use by City of St. George and the Shivwits Band (2K acre-feet annually). St. George and the Band ($15M) will pay for the project. The Santa Clara Project will deliver 1,900 acre-feet annually to the Band. This project will …


Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson Aug 2000

Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson

Innis Christie Collection

The Province of Nova Scotia has, for many years, attempted, through a variety of means, to address issues of diversity and affirmative action. However, despite the lessons of history there are still those who question the need for programs and policies that promote, encourage and enforce equality. Even though significant advances have been made on many fronts Nova Scotia continues to struggle with issues of inequality. As with many problems faced by society acknowledging the existence of the problem is the first step towards developing solutions.


Growth In Colorado And The West: Trends And Issues [Outline], James N. Corbridge Jr. Jun 2000

Growth In Colorado And The West: Trends And Issues [Outline], James N. Corbridge Jr.

Water and Growth in the West (Summer Conference, June 7-9)

4 pages.

Contains references.


Groundwater And Growth Management In The New West: Evolving Law And Practice, A. Dan Tarlock Jun 2000

Groundwater And Growth Management In The New West: Evolving Law And Practice, A. Dan Tarlock

Water and Growth in the West (Summer Conference, June 7-9)

13 pages.


Municipal Demands As The Stimulus For Innovation: Tales From The Lower Colorado River Basin, Jerome C. Muys Jun 2000

Municipal Demands As The Stimulus For Innovation: Tales From The Lower Colorado River Basin, Jerome C. Muys

Water and Growth in the West (Summer Conference, June 7-9)

17 pages.


Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation Jun 2000

Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation

Water and Growth in the West (Summer Conference, June 7-9)

1 v. (various pagings) : ill., maps ; 29 cm. + 1 CD-ROM (4 3/4 in.) + supplement (207 p. ; 29 x 24 cm.)

"Conference co-sponsor The William and Flora Hewlett Foundation."

Conference moderators included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Peter D. Nichols and Charles F. Wilkinson.

Accompanied by: CD-ROM (4 3/4 in.) and supplement (xiv, 140, [49] p.)

Includes bibliographical references

The event will cover a breadth of issues, including demographics and water-use trends, improved planning and efficient use, implementation …


The Social Costs Of Moving Water In Northern New Mexico, David Benavides Jun 2000

The Social Costs Of Moving Water In Northern New Mexico, David Benavides

Water and Growth in the West (Summer Conference, June 7-9)

15 pages.


Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet Jun 2000

Growth Pressures And Tmdls, David G. Davis, Jamal M. Kadri, Teresa J. Norfleet

Water and Growth in the West (Summer Conference, June 7-9)

18 pages.


The Effects Of Development On Indian Water Rights: Obstacles And Disincentives To Development Of Indian Water Rights, Jerilyn Decoteau Jun 2000

The Effects Of Development On Indian Water Rights: Obstacles And Disincentives To Development Of Indian Water Rights, Jerilyn Decoteau

Water and Growth in the West (Summer Conference, June 7-9)

17 pages.

Contains references.


Reply Brief Of Appellant Muckleshoot Indian Trive Responding To Joint Brief Of Appellees Puyallup, Swinomish And Suquamish Tribes And Brief Of Appellee Tulalip Tribes Apr 2000

Reply Brief Of Appellant Muckleshoot Indian Trive Responding To Joint Brief Of Appellees Puyallup, Swinomish And Suquamish Tribes And Brief Of Appellee Tulalip Tribes

United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

No abstract provided.


Resource Law Notes Newsletter, No. 49, Spring Issue, Mar. 2000, University Of Colorado Boulder. Natural Resources Law Center Apr 2000

Resource Law Notes Newsletter, No. 49, Spring Issue, Mar. 2000, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.


Multiple Authoritative Interpreters Of Quasi-Constitutional Federal Law: Of Tribal Courts And The Indian Civil Rights Act, Mark D. Rosen Mar 2000

Multiple Authoritative Interpreters Of Quasi-Constitutional Federal Law: Of Tribal Courts And The Indian Civil Rights Act, Mark D. Rosen

All Faculty Scholarship

No abstract provided.


Brief Of Intervenor - Plaintiffs/Petitioners - Appellees Puyallup Indian Tribe, Suquamish Indian Tribe And Swinomish Indian Tribal Community Feb 2000

Brief Of Intervenor - Plaintiffs/Petitioners - Appellees Puyallup Indian Tribe, Suquamish Indian Tribe And Swinomish Indian Tribal Community

United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

No abstract provided.


Brief Of Intervenor- Plaintiff/Appellee The Tulalip Tribes Of Washington Feb 2000

Brief Of Intervenor- Plaintiff/Appellee The Tulalip Tribes Of Washington

United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

No abstract provided.


Brief Of Appellant Muckleshoot Indian Tribe Feb 2000

Brief Of Appellant Muckleshoot Indian Tribe

United States v. Muckleshoot Indian Tribe, Docket No. 99-35960 (235 F.3d 429 (9th Cir. 2000))

No abstract provided.


No Women At The Center: The Use Of The Canadian Sentencing Circle In Domestic Violence Cases, Rashmi Goel Jan 2000

No Women At The Center: The Use Of The Canadian Sentencing Circle In Domestic Violence Cases, Rashmi Goel

Sturm College of Law: Faculty Scholarship

For Canadian Aboriginal women, domestic violence is pervasive. A report by the Ontario Native Women’s Association indicates that eighty percent of Aboriginal women surveyed had personally experienced family violence. In this context, Rashmi Goel looks at the use of sentencing circles to respond to wrongdoing by Aboriginal people. Current Aboriginal justice initiatives emphasize a return to traditional values and processes, manifested in one way in the sentencing circle. Yet, states Goel, such initiatives fail to restore Aboriginal women to their honored place. Contemporary Canadian sentencing circles exemplify this problem; they further injure victims in several respects. Hence, Goel argues that …


Getting To Waiver – A Legislative Solution To State Sovereign Immunity In Bankruptcy After Seminole Tribe, Laura B. Bartell Jan 2000

Getting To Waiver – A Legislative Solution To State Sovereign Immunity In Bankruptcy After Seminole Tribe, Laura B. Bartell

Law Faculty Research Publications

No abstract provided.


Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya Jan 2000

Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya

Publications

No abstract provided.


Resource Law Notes Newsletter, No. 48, Winter Issue, Jan. 2000, University Of Colorado Boulder. Natural Resources Law Center Jan 2000

Resource Law Notes Newsletter, No. 48, Winter Issue, Jan. 2000, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.


Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, Michael W. Carroll Jan 2000

Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Tribes As Rich Nations, Raymond Cross Jan 2000

Tribes As Rich Nations, Raymond Cross

Faculty Law Review Articles

This article critiques the contemporary doctrine of Indian tribal self-determination thirty years after its inception in President Richard M. Nixon's famed 1970 Indian Message to Congress.

The first part focuses on the three most prominent strategies for tribal self-determination: 1) tribal strategy that seeks to "morph" their inherent and reserved sovereign powers into tribal regulatory powers that are effective throughout Indian Country; 2) tribal strategy that seeks to develop and assert economic sovereignty over their lands, resources, and commercial relationships as a means of revitalizing Indian Country; and 3) tribal strategy that seeks to reassert traditional cultural and religious beliefs …


The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades Jan 2000

The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades

Faculty Publications

No abstract provided.


A Constitutional Conundrum: The Resilience Of Tribal Sovereignty During American Nationalism And Expansion: 1810-1871, David E. Wilkins Jan 2000

A Constitutional Conundrum: The Resilience Of Tribal Sovereignty During American Nationalism And Expansion: 1810-1871, David E. Wilkins

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

Judge Michael Hawkins addresses a number of important issues in his essay on John Quincy Adams' evolving understanding and relationship with slavery and the variegated role that law played in the politics of slavery and the slavery of politics. The essay demonstrates the importance of human personality in influencing and being influenced by political and legal processes. At its heart, the Article is a legal and historical study of the moral dimension and inherent contradictions facing Adams, in particular, and the American Republic, in general, regarding the existence and persistence of the institution of slavery in a nation built upon …


An Inquiry Into Indigenous Political Participation: Implications For Tribal Sovereignty, David E. Wilkins Jan 2000

An Inquiry Into Indigenous Political Participation: Implications For Tribal Sovereignty, David E. Wilkins

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

When we set out to examine the various forms and patterns of indigenous political participation in the three polities they are connected to—tribal, state, and federal—we are stepping into a most complicated subject matter. It is complicated in large part because Indians are citizens of separate extra-constitutional nations whose members have only gradually been incorporated in various ways by various federal policies and day to day interactions with non-Indians. Tribal nations, of course, have never been constitutionally incorporated and still retain their standing as separate political bodies not beholden to either federal or state constitutions for their existence.


Judicial Termination Of Treaty Water Rights: The Snake River Case, Dale Goble Jan 2000

Judicial Termination Of Treaty Water Rights: The Snake River Case, Dale Goble

Articles

No abstract provided.


The Nature Of Aboriginal Title, Brian Slattery Jan 2000

The Nature Of Aboriginal Title, Brian Slattery

Articles & Book Chapters

The concept of Aboriginal title is an autonomous concept of Canadian common law that bridges the gulf between Indigenous land systems and imported European land systems. It does not stem from Indigenous customary law, English common law or French civil law. It coordinates the interaction between these systems without forming part of them. In effect, it is a form of inter-societal common law.


Variable Justice: Environmental Standards, Contaminated Fish, And "Acceptable” Risk To Native Peoples, Catherine O'Neill Jan 2000

Variable Justice: Environmental Standards, Contaminated Fish, And "Acceptable” Risk To Native Peoples, Catherine O'Neill

Faculty Articles

This article begins with the observation that “[f]ish, especially salmon, are necessary for the survival of the Native peoples of the Pacific Northwest, both as individuals and as a people.” It considers conventional approaches to regulating contamination of the waters that support the fish on which these peoples depend, and finds that the narrow focus on human physical health fails fully to comprehend the multiple dimensions of the harm to these fishing peoples. Importantly, this focus fails to appreciate the cultural dimensions of the harm. The article examines health and environmental agencies’ standard-setting practices and challenges their failure to account …