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Indigenous, Indian, and Aboriginal Law

1981

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Full-Text Articles in Law

Reply Brief Of Duwamish, Samish, Snohomish, Snoqualmie, And Steilacoom Tribes Dec 1981

Reply Brief Of Duwamish, Samish, Snohomish, Snoqualmie, And Steilacoom Tribes

Duwamish, Samish, Snohomish, Snoqualmie and Steilacoom Indian Tribes v. Washington, Docket No. 81-509 (454 U.S. 1143 (1982))

No abstract provided.


Brief For The United States In Opposition Dec 1981

Brief For The United States In Opposition

Duwamish, Samish, Snohomish, Snoqualmie and Steilacoom Indian Tribes v. Washington, Docket No. 81-509 (454 U.S. 1143 (1982))

No abstract provided.


Statutory Construction—Wildlife Protection Versus Indian Treaty Hunting Rights—United States V. Fryberg, 622 F.2d 1010 (9th Cir.), Cert. Denied, 449 U.S. 1004 (1980), Karl Forsgaard Dec 1981

Statutory Construction—Wildlife Protection Versus Indian Treaty Hunting Rights—United States V. Fryberg, 622 F.2d 1010 (9th Cir.), Cert. Denied, 449 U.S. 1004 (1980), Karl Forsgaard

Washington Law Review

While hunting for deer on his reservation, Dean Fryberg, an Indian, shot and killed a bald eagle. Although he had a treaty right to hunt on the Tulalip Reservation under the 1855 Treaty of Point Elliot, Fryberg was charged by information with taking a bald eagle in violation of the Eagle Protection Act of 1940. He did not possess a permit which would have allowed such a taking under the Act. This note concludes that the loose test used to find abrogation in Fryberg is unsatisfactory where a statute regulating a nonendangered resource is involved and instead proposes an alternative …


Contrary Jurisprudence: Tribal Interests In Navigable Waterways Before And After Montana V. United States, Russel Lawrence Barsh, James Youngblood Henderson Nov 1981

Contrary Jurisprudence: Tribal Interests In Navigable Waterways Before And After Montana V. United States, Russel Lawrence Barsh, James Youngblood Henderson

Washington Law Review

In 1974 the Crow Tribal Council enacted a resolution restricting reservation hunting and fishing to tribal members. No distinction was made between lands owned by the tribe or its members and the nearly thirty percent of the reservation area held in fee simple by non-members and the State of Montana. The resolution also purported to govern the Big Horn River, the bed of which the tribe claimed under its 1868 treaty with the United States. The State of Montana refused to recognize the tribe's jurisdiction to enact and enforce this restriction and continued to license non-member hunting and fishing within …


Contrary Jurisprudence: Tribal Interests In Navigable Waterways Before And After Montana V. United States, Russel Lawrence Barsh, James Youngblood Henderson Nov 1981

Contrary Jurisprudence: Tribal Interests In Navigable Waterways Before And After Montana V. United States, Russel Lawrence Barsh, James Youngblood Henderson

Washington Law Review

In 1974 the Crow Tribal Council enacted a resolution restricting reservation hunting and fishing to tribal members. No distinction was made between lands owned by the tribe or its members and the nearly thirty percent of the reservation area held in fee simple by non-members and the State of Montana. The resolution also purported to govern the Big Horn River, the bed of which the tribe claimed under its 1868 treaty with the United States. The State of Montana refused to recognize the tribe's jurisdiction to enact and enforce this restriction and continued to license non-member hunting and fishing within …


Brief Of Respondent The Tulalip Tribes Of Washington In Opposition To Petition For Writ Of Certiorari Oct 1981

Brief Of Respondent The Tulalip Tribes Of Washington In Opposition To Petition For Writ Of Certiorari

Duwamish, Samish, Snohomish, Snoqualmie and Steilacoom Indian Tribes v. Washington, Docket No. 81-509 (454 U.S. 1143 (1982))

No abstract provided.


Reply Brief Of Appellants Oct 1981

Reply Brief Of Appellants

United States v. Washington, Docket Nos. 81-3111 (694 F.2d 1374 (9th Cir. 1982))

No abstract provided.


Appendix To Reply Brief Of Appellants Oct 1981

Appendix To Reply Brief Of Appellants

United States v. Washington, Docket Nos. 81-3111 (694 F.2d 1374 (9th Cir. 1982))

No abstract provided.


Appellant's Reply Brief Sep 1981

Appellant's Reply Brief

United States v. Baker, Docket Nos. 80-1085, 80-1086, 80-1088, 80-1116, 80-1117, 80-1118, 80-1206, 80-1219, 80-1208, 80-1205, 80-1214 (641 F.2d 1311 (9th Cir. 1981))

No abstract provided.


Petition For Writ Of Certiorari Sep 1981

Petition For Writ Of Certiorari

Duwamish, Samish, Snohomish, Snoqualmie and Steilacoom Indian Tribes v. Washington, Docket No. 81-509 (454 U.S. 1143 (1982))

No abstract provided.


Brief Of Plaintiff-Intervenor-Appellee Indian Tribes Aug 1981

Brief Of Plaintiff-Intervenor-Appellee Indian Tribes

United States v. Washington, Docket Nos. 81-3111 (694 F.2d 1374 (9th Cir. 1982))

No abstract provided.


Brief For Appellee United States Aug 1981

Brief For Appellee United States

United States v. Washington, Docket Nos. 81-3111 (694 F.2d 1374 (9th Cir. 1982))

No abstract provided.


Brief In Opposition To Petition For Writ Of Certiorari Aug 1981

Brief In Opposition To Petition For Writ Of Certiorari

Makah Indian Tribe v. Lower Elwha Tribe, Docket No. 81-115 (454 U.S. 862 (1981))

No abstract provided.


Petition For Writ Of Certiorari Jul 1981

Petition For Writ Of Certiorari

Makah Indian Tribe v. Lower Elwha Tribe, Docket No. 81-115 (454 U.S. 862 (1981))

No abstract provided.


Brief Of Appellant Jun 1981

Brief Of Appellant

United States v. Washington, Docket Nos. 81-3111 (694 F.2d 1374 (9th Cir. 1982))

No abstract provided.


Hybrid Systems: Outline, Harrison C. Dunning Jun 1981

Hybrid Systems: Outline, Harrison C. Dunning

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

4 pages.


Riparian Rights, Peter N. Davis Jun 1981

Riparian Rights, Peter N. Davis

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

8 pages.

Contains research sources.


Physical/Political Solutions To Groundwater Management Problems: Outline, Carl F. Fossette Jun 1981

Physical/Political Solutions To Groundwater Management Problems: Outline, Carl F. Fossette

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

12 pages (includes illustrations and map).


Federal And Indian Reserved Rights: Outline, Robert S. Pelcyger Jun 1981

Federal And Indian Reserved Rights: Outline, Robert S. Pelcyger

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

6 pages.


Land Subsidence And Ground-Water Pumping: Outline, Thomas L. Holzer Jun 1981

Land Subsidence And Ground-Water Pumping: Outline, Thomas L. Holzer

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

10 pages.

Contains research sources.


Application Of The Law Of Prior Appropriation: Outline, James N. Corbridge Jr. Jun 1981

Application Of The Law Of Prior Appropriation: Outline, James N. Corbridge Jr.

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

11 pages.


Reconciling World-Wide Water Supply With Demand [Outline], Gilbert F. White Jun 1981

Reconciling World-Wide Water Supply With Demand [Outline], Gilbert F. White

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

1 page.


Development Of The Appropriation Doctrine: Outline, Charles F. Wilkinson Jun 1981

Development Of The Appropriation Doctrine: Outline, Charles F. Wilkinson

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

11 pages.

Contains references.


Ground Water Mining, Water Transfers And The Ogallala Aquifer Study, J. David Aiken Jun 1981

Ground Water Mining, Water Transfers And The Ogallala Aquifer Study, J. David Aiken

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

10 pages.

Contains references.


Agenda: Water Resources Allocation: Laws And Emerging Issues: A Short Course, University Of Colorado Boulder. Natural Resources Law Center Jun 1981

Agenda: Water Resources Allocation: Laws And Emerging Issues: A Short Course, University Of Colorado Boulder. Natural Resources Law Center

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies-and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation; Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Speakers and instructors for this short course …


Regimes For Allocating Rights In Ground Water, William A. Hillhouse, Ii Jun 1981

Regimes For Allocating Rights In Ground Water, William A. Hillhouse, Ii

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

145 pages.

Supplemental materials. Includes text of C.R.S. § 37-90-135-138, In the Matter of Rules and Regulations Governing the Use, Control, and Protection of Water Rights for Both Surface and Underground Water Located in the Rio Grande and Conejos River Basins and Their Tributaries, No. W-3466 (Colo. Dist. Ct., Water Div. 3 Jan. 31, 1980), Southeastern Colo. Wtr. v. Huston, 593 P.2d 1347, Ruling, Judgment and Certification, Southeastern Colo. Wtr. v. Huston (Colo. Dist. Ct. Water Div. 1,2,3,4,5,6 & 7 Feb. 11, 1981), Corrected Findings of Fact , Conclusions of Law and Decree, In the Matter of the Application for …


Federal Nonreserved Water Rights, Frank J. Trelease Jun 1981

Federal Nonreserved Water Rights, Frank J. Trelease

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

5 pages.


Quantification Of Federal Reserved Rights—Litigation, Legislation Or Negotiation? [Outline], John Undem Carlson Jun 1981

Quantification Of Federal Reserved Rights—Litigation, Legislation Or Negotiation? [Outline], John Undem Carlson

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

1 page.


The Colorado River Compact: A Limit On Upper Basin Development: Outline, Charles J. Meyers Jun 1981

The Colorado River Compact: A Limit On Upper Basin Development: Outline, Charles J. Meyers

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

9 pages.

Contains references.

Supplemental materials. Includes extracts from Colorado River Basin Project Act and Colorado River Compact.


Federal Regulation Of Appropriations Of Water In The Name Of Protecting Water Quality, David L. Harrison Jun 1981

Federal Regulation Of Appropriations Of Water In The Name Of Protecting Water Quality, David L. Harrison

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

9 pages.