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- Publications (8)
- Faculty Scholarship (7)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (6)
- Articles, Book Chapters, & Popular Press (3)
- Baselines: The Natural Resources Law Center Newsletter (2007-2011) (2)
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- Articles & Book Chapters (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Articles, Chapters in Books and Other Contributions to Scholarly Works (1)
- First Annual Interdisciplinary Conference on Human Trafficking, 2009 (1)
- Jepson School of Leadership Studies articles, book chapters and other publications (1)
- Native American Water Rights Settlement Project (1)
- Reports & Public Policy Documents (1)
- UNL Libraries: Faculty Publications (1)
- World Energy Justice Conference (October 23-24) (1)
Articles 1 - 30 of 36
Full-Text Articles in Law
Testimony On H.R. 1924, The Tribal Law And Order Act Of 2009 Before The Subcommittee On Crime, Terrorism And Homeland Security United States House Of Representatives, 111th Congress, 1st Session (December 10, 2009), Barbara L. Creel
Faculty Scholarship
Professor Creel testifies that incarceration alone cannot address the problem of crime in Indian Country and advocates for additional funding and greater access to effective substance abuse treatment programs, education and job training, and culturally-based re-entry programs. Creel's testimony also emphasizes that Native American defendants in tribal court should be afforded the right to counsel, including the right of court appointed counsel, and due process of law. Tribal Law and Order Act 2009: Hearing on H.R. 1924 Before the Subcomm. on Crime, Terrorism and Homeland Security, 111th Cong. (2009) (statement of Barbara Creel, Assistant Professor of Law, University of New …
Contemporary Water Issues, Susan Kelly
Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law
Agenda: World Energy Justice Conference And Appropriate Technology Arcade, University Of Colorado Boulder. Center For Energy & Environmental Security, University Of Colorado Boulder. School Of Law
World Energy Justice Conference (October 23-24)
The 2009 CEES Energy Justice Conference took place at the University of Colorado Law School on October 23rd and 24th, 2009. It featured 11 sessions, more than 40 speakers, and attracted over 200 attendees. The Conference brought together leading international and U.S. decision-makers in politics, engineering, public health, law, business, economics, and innovators in the sciences to explore how best to address the critical needs of the energy-oppressed poor (EOP) through long-term interdisciplinary action, information sharing, and deployment of appropriate sustainable energy technologies (ASETs).
The Colorado Journal of International Environmental Law & Policy (CJIELP) at the University of Colorado Law …
Land & Water Planning: Another State's Perspective - Water Resources Regional Plan Policies, Kathleen M. Chavez, P.E.
Land & Water Planning: Another State's Perspective - Water Resources Regional Plan Policies, Kathleen M. Chavez, P.E.
Publications
No abstract provided.
Baselines Newsletter, No. 5, Fall 2009, University Of Colorado Boulder. Natural Resources Law Center
Baselines Newsletter, No. 5, Fall 2009, University Of Colorado Boulder. Natural Resources Law Center
Baselines: The Natural Resources Law Center Newsletter (2007-2011)
No abstract provided.
Shattered Hearts (Full Report): The Commercial Sexual Exploitation Of American Indian Women And Girls In Minnesota., Alexandra (Sandi) Pierce
Shattered Hearts (Full Report): The Commercial Sexual Exploitation Of American Indian Women And Girls In Minnesota., Alexandra (Sandi) Pierce
First Annual Interdisciplinary Conference on Human Trafficking, 2009
Table of contents
Acknowledgements iii
Background 1
Organization of the report 3
I The context 4
Native women’s experiences during colonization 5
Native women’s experiences during national expansion 7
Native girls’ boarding school experiences 8
Impact of assimilation policies on Native women 10
The damage caused by life in prostitution 14
II Methods and definitions 16
III Prevalence 28
Involvement in prostitution 28
Involvement in the Internet sex trade 35
IV Patterns in entering the sex trade 36
Age of entry 36
Modes of entry 39
V Factors that facilitate entry 53
Generational trauma 53
Runaway, thrown away, and/or homeless …
Reflections On Recommendation 12, Naiomi Metallic
Reflections On Recommendation 12, Naiomi Metallic
Articles, Book Chapters, & Popular Press
Regarding the Marshall Commission Report’s recommendation for increased representation of racialized persons within the judiciary.
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO
27 slides
Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell
Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Craig Bell, Western Water States Council, Midvale, Utah
9 slides
Slides: Indian Water Rights, Robert T. Anderson
Slides: Indian Water Rights, Robert T. Anderson
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Robert T. Anderson, Native American Law Center, University of Washington Law School
19 slides
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA
23 slides
Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
In many pockets of the American West, stresses and demands on water resources are overwhelming our capacity to effectively manage change and accommodate the diversity of interests and values associated with our limited water resources.
This event will offer an opportunity for lawyers, policymakers, and water professionals to engage the experts on the challenges and emerging solutions to the most pressing water policy and management issues of the day.
Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs
Slides: Groundwater Declines, Climate Change And Approaches To Adaptation, Katharine Jacobs
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Katharine Jacobs, Director of the Arizona Water Institute, University of Arizona
37 slides
Steps To Flow Restoration: Lessons From The Northwest, Reed D. Benson
Steps To Flow Restoration: Lessons From The Northwest, Reed D. Benson
Publications
No abstract provided.
Ecological Flows In New Mexico - It Has Been Done, Adrian Oglesby
Ecological Flows In New Mexico - It Has Been Done, Adrian Oglesby
Publications
No abstract provided.
The Pragmatics Of Allocating Water For Stream Flows, Steve Harris
The Pragmatics Of Allocating Water For Stream Flows, Steve Harris
Publications
No abstract provided.
New Mexico Wildlife Conservation Act: Cooperative Action For Native Species Recovery, Stephanie Carman, David Propst
New Mexico Wildlife Conservation Act: Cooperative Action For Native Species Recovery, Stephanie Carman, David Propst
Publications
No abstract provided.
Baselines Newsletter, No. 4, Spring 2009, University Of Colorado Boulder. Natural Resources Law Center
Baselines Newsletter, No. 4, Spring 2009, University Of Colorado Boulder. Natural Resources Law Center
Baselines: The Natural Resources Law Center Newsletter (2007-2011)
No abstract provided.
Navajo Nation Water Settlement & Northwestern New Mexico Rural Water Projects Acts Of 2009 (Includes Funding Mechanism For 3 Tribal Water Settlements In Nm), United States 111th Congress
Navajo Nation Water Settlement & Northwestern New Mexico Rural Water Projects Acts Of 2009 (Includes Funding Mechanism For 3 Tribal Water Settlements In Nm), United States 111th Congress
Native American Water Rights Settlement Project
Federal Legislation: Omnibus Public Land Management, Title X - Water Settlements, Subtitle B - Northwestern New Mexico Rural Water Projects Navajo-Gallup Water Supply Project, PL 111-11, 123 Stat. 991. ◊ Parties: Navajo Nation and US. Part II, Section 10501 sets up the Reclamation Water Settlements Fund. For each of the fiscal years 2020 through 2029, the US will deposit 120M dollars into the Fund, if it is available, plus any interest which comes from Reclamation’s appropriation. The funds are to be spent on Indian water rights settlements that involve water supply infrastructure, to rehabilitate water delivery systems for conservation, or …
The World Of Charles J. Kappler: A Digital Portrait, Charles D. Bernholz, Robert J. Weiner
The World Of Charles J. Kappler: A Digital Portrait, Charles D. Bernholz, Robert J. Weiner
UNL Libraries: Faculty Publications
Charles J. Kappler (1868–1946) is known primarily for his compilation, Indian Affairs: Laws and Treaties. His life, however, reached beyond this accumulation of fundamental documents. He was a staff member of, among other entities, the Senate Committee on Indian Affairs; served as co-counsel in the first case before the Permanent Court of Arbitration in The Hague; brought important tribal issues before the courts, just a quarter century after the Battle of the Little Big Horn; married, was widowed, married again, developed a family, and found a place in District society; and, in one role or another, participated in a number …
Reflections On Recommendation 12, Naiomi Metallic
Reflections On Recommendation 12, Naiomi Metallic
Reports & Public Policy Documents
This article focuses on the Marshall Commission Report’s specific recommendation for increased representation of racialized persons within the judiciary.
Book Review, Richard B. Collins
Indigenous Peoples And The Law - Ancient Customs: Modern Dilemmas, David S. Bogen
Indigenous Peoples And The Law - Ancient Customs: Modern Dilemmas, David S. Bogen
Faculty Scholarship
Indigenous people have a variety of complex relationships to law in nations such as Australia, Canada, New Zealand and the United States where non-indigenous people constitute the majority of the population. Customary law has been recognised in each of these nations as a source of domestic law, but this recognition has created various tensions. For instance, Native Title looks to customary law for its definition, but non-indigenous society demands that Native Title be managed by modern Indigenous institutions created under non-indigenous law. Issues of federalism and international law influence the interaction of Indigenous and non-indigenous law against a background of …
Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser
Assumptions Regarding Indians And Judicial Humility: Thoughts From A Property Law Lens, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
Negative assumptions regarding Indians can be found in the recent decisions of the U.S. Supreme Court, and attention to these assumptions is required if courts are to base their decisions on how Indians and non-Indians actually impact each other. This brief article uses a property and liability rules framework to argue for judicial restraint when considering cases that could limit tribal sovereignty.
In Defense Of Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley
In Defense Of Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley
Publications
This Article responds to an emerging view, in scholarship and popular society, that it is normatively undesirable to employ property law as a means of protecting indigenous cultural heritage. Recent critiques suggest that propertizing culture impedes the free flow of ideas, speech, and perhaps culture itself. In our view, these critiques arise largely because commentators associate "property" with a narrow model of individual ownership that reflects neither the substance of indigenous cultural property claims nor major theoretical developments in the broader field of property law. Thus, departing from the individual rights paradigm, our Article situates indigenous cultural property claims, particularly …
Tribal Hunting And Fishing Lifeways & Tribal-State Relations In Idaho, Angelique Eaglewoman
Tribal Hunting And Fishing Lifeways & Tribal-State Relations In Idaho, Angelique Eaglewoman
Faculty Scholarship
This article will explore the treaty hunting and fishing rights issues that have arisen in the state of Idaho with the Tribal Nations in the area. First, the background on the area Tribal Nations’ territories will be detailed. Second, the creation of the state of Idaho will be sketched within the framework of federal Indian law. Third, the case law that has developed in Idaho and in the Pacific Northwest regarding the exercise of treaty hunting and fishing rights will be examined. Next, the Rapid River case in Idaho in the late 1970s will serve as an illustration of this …
The Indian Reorganization Act, The Declaration On The Rights Of Indigenous Peoples, And A Proposed Carcieri "Fix": Updating The Trust Land Aquisition Process, G. William Rice
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Public Health Protection And Drinking Water Quality On First Nation Reserves: Considering The New Federal Regulatory Proposal, Constance Macintosh
Public Health Protection And Drinking Water Quality On First Nation Reserves: Considering The New Federal Regulatory Proposal, Constance Macintosh
Articles, Book Chapters, & Popular Press
In January 2009, the federal government issued a discussion paper that details its preferred regulatory route for enabling a legislative framework. This route is to referentially incorporate provincial legislation regarding operational standards through a framework statute, and then develop the details of the regime through regulations to be developed in consultation with First Nations over the next few years. Importantly, the opening sentence of the discussion paper's executive summary expressly connects water and public health. It reads: "The provision of safe drinking water and the effective treatment of wastewater are critical in ensuring the health and safety of First Nations …
From Judging Culture To Taxing 'Indians': Tracing The Legal Discourse Of The 'Indian Mode Of Life', Constance Macintosh
From Judging Culture To Taxing 'Indians': Tracing The Legal Discourse Of The 'Indian Mode Of Life', Constance Macintosh
Articles, Book Chapters, & Popular Press
In this article I consider how judicial decision making characterizes Indigenous peoples’ culture outside the context of determinations under section 35(1) of the Constitution Act, 1982. I am concerned with how contemporary jurisprudence sometimes subjects Indigenous people to stereotyped tests of Aboriginality when they seek to exercise legislated rights. These common law tests of Aboriginality tend to turn on troubling oppositional logics, such as whether or not the Indigenous person engages in waged labour or commercial activities. These tests arose in historic legislation and policy that were premised on social evolutionary theory and were directed at determining whether an Indigenous …
Propensity Or Stereotype?: A Bad Evidence Experiment In Indian Country, Aviva Orenstein
Propensity Or Stereotype?: A Bad Evidence Experiment In Indian Country, Aviva Orenstein
Articles by Maurer Faculty
In a significant break with traditional evidence rules and policies, the Federal Rules of Evidence concerning rape and child abuse, Rules 413 and 414, permit the government to admit the accused’s prior sexual misconduct as evidence of character and propensity. Although these rules have been roundly criticized, insufficient attention has been paid to the fact that in allowing propensity evidence for federal sex offenses (as opposed to offenses under state law), these rules disproportionately affect one distinct civilian population: Indians.
The de facto concentration of Rules 413-414 cases in Indian Country raises troubling questions regarding what it means to have …